(AGENPARL) – mar 18 febbraio 2025 Guidelines on
Communications
during an Election
Updated February 10, 2025
Contents
Purpose and Framework ……………………………………………………………………………………………….3
Roles and Responsibilities ……………………………………………………………………………………………..4
General Guidance ………………………………………………………………………………………………………..5
Activity-Based Guidance………………………………………………………………………………………………..7
Announcements and Press Conferences ………………………………………………………………..7
Media Engagement ……………………………………………………………………………………………..7
Recurring Technical Briefings ……………………………………………………………………………….7
Meetings, Public Events and Stakeholder Relations ………………………………………………….8
Federal-Provincial-Territorial (FPT) and Inter-Governmental Meetings …………………………8
Ministerial Correspondence…………………………………………………………………………………..8
Social Media and Web Updates …………………………………………………………………………….8
Public Consultations ……………………………………………………………………………………………8
Email Newsletters ……………………………………………………………………………………………….9
Matters Before the Assembly……………………………………………………………………………..9
Recruitment …………………………………………………………………………………………………….9
Procurement …………………………………………………………………………………………………..9
Grant Notification……………………………………………………………………………………………..9
Presentations and Seminars by Public Servants……………………………………………………9
Processes for Monitoring, Review and Approval ………………………………………………………………11
Guideline Review and Feedback …………………………………………………………………………………..11
Purpose and Framework
The Election Financing Act (C.C.S.M c. E27), or “the EFA”, provides the legislative framework
for the fair and transparent funding of candidate and third-party campaigns during provincial
elections in Manitoba.
Section 92 of the EFA (Restrictions on Government Advertising) details restrictions in place to
ensure government resources are not used to support an election campaign, while outlining
exceptions to the rule that allow for the continuation of government business.
This document serves as the Guidelines required under Section 92(5) of the Act and aims to
ensure that staff throughout Manitoba’s Public Service (including core, allied and broader public
servants) understand their responsibilities under the Act: how they can – and cannot –
communicate before and during a provincial election or by-election.
The Act and these Guidelines apply to any activity – whether traditionally considered
communications or not – which directly or indirectly makes information about government
programs or activities generally known during an election.
Restrictions apply to communications by departments or Crown agencies1 occurring in an
election period:
for a fixed-date election – in the 60 days before election day and on election day;
for a general election called before the fixed-date election day – for the duration of the
election set by writ, and for any other advance period that Cabinet may determine; or
for a by-election – for the duration of the by-election set by writ.
Further, communications must be brought before the Committee for review if they are planned
for a day on which there is a reasonable expectation that an Order in Council might be issued
calling for an election (general or by-election).
The failure of government departments or Crown agencies to adhere to the Act and the
Guidelines can undermine public trust in the electoral process and may result in formal
complaints to the Elections Commissioner or an application to the Court of Queen’s Bench.
Ensuring compliance with the requirements of the Act and these Guidelines is an important
responsibility for everyone involved in government communications. If at any time a public
servant is unsure about how the Act or these Guidelines apply to their communications activity,
it is their responsibility to seek direction, escalating appropriately.
These Guidelines provide the best current advice to public servants, based on the Act and past
decisions of the Commissioner.
1As defined by The Legislative Assembly Act, Crown agency means any board, commission, association,
or other body, whether incorporated or unincorporated, all the members of which, or of the board of
management or board of directors of which,
(a) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council,
(b) if not so appointed, in the discharge of their duties are public officers or servants of the Crown,
or for the proper discharge of their duties are directly or indirectly, responsible to the Crown,
or any corporation the election of the board of directors of which is controlled by the Crown, directly or
indirectly, through ownership of the shares of the capital stock thereof by the Crown or by a board,
commission, association, or other body which is a Crown agency within the meaning of this definition.
Roles and Responsibilities
Compliance with The Election Financing Act restrictions on government advertising or
publications during an election must be taken seriously. Any advertisement or publication
activity that would make information about government programs or activities generally known
during a by-election or general election must be considered communications activity and is
covered by the Act and these Guidelines.
While exceptions to the restrictions on advertisements or publications exist, government
departments and Crown agencies must work from an assumption that their communications
activity during an election is not permitted unless it has been reviewed for compliance with the
Act by the respective Head of Communications and approved to proceed by the relevant
Executive Authority.
There are five key roles involved in compliance with the Act and these Guidelines:
Public Servants: All staff of government departments and Crown agencies are
responsible for ensuring compliance with the Act and these Guidelines in their area of
work;
Executive Authority: In each department or agency, the relevant Executive Authority is
accountable for ensuring their staff and Crown agencies are familiar with the Act and
these Guidelines, reviewing their organization’s communications in relation to the
Guidelines, and for escalating communications that require further consideration by the
Communications Review Committee. In the case of departments, the Executive
Authority is the Deputy Minister or their delegate, and in the case of Crown agencies it is
the Chief Executive Officer or their delegate;
Head of Communications: In each department or agency, the most senior
communications official is responsible for providing review and feedback on their
organization’s communications, making recommendations to their Executive Authority
for approvals, and for identifying for the Executive Authority any communications that
may require further review and consideration by the Communications Review
Committee. In the case of departments the Head of Communications is the Manager of
Engagement for the department, and in the case of Crown agencies it is the most senior
executive responsible for communications;
Communications Review Committee: A committee, consisting of the Clerk of
Executive Council, the Assistant Deputy Minister of the Communications and
Engagement Division of Manitoba Finance, and Legal Services Branch, is responsible
for reviewing any communications that have been escalated for feedback, providing
advice to the relevant Executive Authority on how to proceed; and
Assistant Deputy Minister, Communications and Engagement Division: The ADM
of the Communications and Engagement Division of Manitoba Finance is responsible for
ensuring these guidelines are up-to-date, and that processes, forms or other resources
are in place to support compliance with the Act and these guidelines.
General Guidance
“A government department or agency must not
advertise or publish any information about its programs or activities”
“Advertise or publish” covers any direct or indirect action that makes information about
government’s programs or activities generally known. This includes, but is not limited, to:
paid advertisements such as: broadcast (radio, television), print (newspaper, magazine,
inserts, etc.), digital (display, boosted social), out-of-home (billboards, etc.), events and
street teams (handing out information in a public place), sponsorships, direct mail (flyers
or letters delivered to homes)
material updates to web content
social media posts
mass-email or distribution of a newsletter, including mass-email to staff
town halls or other public meetings
phone blasts (IVR or live caller) or activation of phone trees
news releases and statements
speeches
announcements
distribution of printed material
The following activities are not likely to be considered advertising or publishing for the purposes
of the Act:
planning advertising or publishing activity to occur after the election period ends
emails sent to a single individual or limited groups of individuals
private meetings or conference calls
physical displays of brochures or publications already available to the public
responses to media inquiries
responses to public or client inquiries
Further, these Guidelines refer to the use of government resources to promote or advertise
information. These include, but are not limited to:
Staff of the public service, including political staff;
ICT resources, including computers, phones and networks;
Websites, social media accounts or other digital platforms operated by public servants,
including political staff;
Government funding; and
Facilities, equipment and other real property.
The Act provides for four exceptions to the restriction outlined above:
1. Required By Law: where an Act or Regulation specifically requires advertising or
publication it may proceed; this generally applies to legal and public notices;
2. Public Health and Safety: where communication is necessary to ensure the health and
wellness of Manitobans; this may include urgent or emerging issues as well as ongoing
public health information campaigns;
3. Matters Before the Assembly: communications relating to the throne speech, the
budget, the introduction or passage of a bill or an order or resolution of the Assembly;
4. Usual Operations: where communications in relation to the usual operations of a
government department or Crown agency :
are in continuation of earlier advertising or publications about an ongoing
or recurring program or activity,
solicit proposals or tenders for a contract, or
are a job advertisement or promotion at or about a job fair.
An advertisement or publication is in continuation of earlier advertising or
publications if:
o it is the same advertisement/publication as one that was previously in
market/available; or
o it is an advertisement/publication that is part of a broader campaign, and is
comparable in aesthetic, tone, scale and cost to what was previously in
market/available; or
o it is an advertisement/publication that is recurring based on time of year (or
similar trigger), has run before, and can be shown to have been previously
planned to run during this time.
In order for the exception to apply, an advertisement or publication in continuation of
earlier advertising or publications must be about an ongoing or recurring program or
activity and cannot include information about new government programs or activities.
During a by-election, the exceptions listed as 2, 3 and 4 above do not apply if the
communications disproportionately target the residents of the electoral division in which
the by-election is being held. That is to say, even if the communications are usual
operations, health and safety or related to matters before the Assembly, they are not
permitted to continue if they disproportionately affect the electoral district where the byelection is being held.
Activity-Based Guidance
The following guidance is provided to assist Heads of Communication and Executive Authorities
in reviewing communications within their department or Crown Agency These Guidelines
provide the best current advice to public servants, based on the Act and past decisions of the
Commissioner.
At all times, if there is any doubt or uncertainty regarding the application of the Act, an
escalation to the Communications Review Committee is required.
1. Announcements and Press Conferences
All announcements should be avoided, unless it relates to important matters of public
health or safety.
In particular, departments or Crown agencies should not publicly announce policy
changes, new programs or funding commitments.
2. Media Engagement
Media should continue to have access to government information over the course of an
election period. Ministers cannot use government resources (financial, staff or otherwise)
to initiate contact with the media, including interviews and news releases. In response to
inquiries, however, Ministers may provide verbal or written statements to the individual
or organization making the inquiry. Similarly, government staff involved in media
engagement may continue to provide responses to media requests for information on an
individual basis.
In rare circumstances, where multiple members of the media are seeking similar
information, government has coordinated these requests through a single conference
call or availability for a spokesperson. Such circumstances require the review of the
Communications Review Committee.
3. Recurring Task Force / Technical Briefings
Technical briefings with government officials that had been routinely held prior to the
election period may continue provided the focus of these briefings is on factual
explanations of what is happening or has been done by government on the subject. This
includes updates to dashboards and reports that have been routinely updated prior to
the election period.
Announcements about program, policy or funding changes that will not have an
immediate affect on the public health and safety of Manitobans during the election period
should be withheld until after the election.
Announcements of new initiatives being undertaken by a task force/team to improve the
public health and safety of Manitobans may be acceptable if there is a timely need for
the public to be aware of the work happening (e.g. in order to access a new service or
because the public will be expected to take an action). Executive Authorities are
encouraged to consult with the Review Committee on these matters.
4. Meetings, Public Events and Stakeholder Relations
Ministers retain their responsibilities and powers throughout this period and thus should
attend or host meetings that they would normally attend or host. Meetings on behalf of
the Minister by staff with stakeholders or members of the public related to ongoing
departmental and agency operations can continue. In addition, meetings required to
gather data, reports and other information related to ongoing operations are still
appropriate.
Caution should be taken, however, to ensure new policy, program or funding
announcements are not made through these meetings.
When Ministers attend meetings or events, government resources should not be used to
advertise or publish the Minister’s speaking event, to invite people to that event, or to
publish the contents of their speech after it is made.
5. Federal-Provincial-Territorial (FPT) and Inter-Governmental Meetings
Ministers may attend FPT meetings during an election period. However, no news
releases should be provided directly from Manitoba using government resources
(financial or otherwise). Any communiqués that are issued from the meeting as a whole
with Manitoba’s participation are permitted. Ministers may attend media availabilities to
respond to questions, provided Manitoba has not organized any such session and no
government resources have been used to organize the availability.
6. Ministerial Correspondence
Routine correspondence can continue during the election period. Where possible,
correspondence should be delegated to the deputy minister to ensure that the flow of
correspondence continues to be handled in a timely manner.
Responses to correspondence should remain fact-based, and care must be taken to
avoid inadvertently making a policy, program or funding announcement through a piece
of correspondence.
7. Social Media and Web Updates
Fact-based updates to websites (data dashboards, reports, other information) that were
made on an ongoing or recurring basis prior to the election period may continue to be
posted to websites and social media.
Material changes to design, information architecture or web content should not be
advanced during an election period, and caution should be exercised to ensure that web
and social media content updates are limited to recurring / continuing matters, and does
not inadvertently announce new government policy, programs or funding, or promote the
decisions or positions of government.
8. Public Consultations
Public consultations that were already underway when the election period began may
continue, however new consultations, or new phases of consultation should not begin at
this time.
Consultations underway should not be further promoted during the election period
without the review of the Communications Review Committee.
Reporting the outcomes of a consultation, even if it began prior to the election, should
wait until after the election period.
9. Email Newsletters