2015 Federal Elections: Applicable Framework at Times of Elections in Canada

The Department of Foreign Affairs, Trade and Development presents its compliments to Their Excellencies the Heads of Diplomatic Missions and notified Chargés d’affaires, a.i. accredited to Canada, and has the honour to refer to the matter of the upcoming federal elections in 2015.

The Department requests that the content of this Note be transmitted to all members of the mission and members of consular posts.

The Department wishes to remind the Heads of Mission that, consistent with Article 41 of the Vienna Convention on Diplomatic Relations and Article 55 of the Vienna Convention on Consular Relations, they have the duty to respect the laws and regulations of the receiving state and the duty not to interfere in the internal affairs of the receiving state. During an election period, the Department has the honour to remind the Heads of Mission that these duties include ensuring that diplomatic and consular personnel do not conduct activities which may either be perceived as inducing electors to vote for a particular candidate or prohibiting them from voting for a particular candidate in any way. Heads of Mission are thus also reminded that no accredited diplomatic and consular personnel should directly or indirectly make any financial contribution to a candidate or political event.

As a guideline for Heads of Mission on how to support employees on making an informed decision about the type of activities that may be regarded as inappropriate during an election period, the Department refers them to the Public Service Commission of Canada Guidance Document for Participating in Non-Candidacy Political Activities. Although developed to guide participation of federal public servants in Canadian federal, provincial, territorial or municipal elections, the sections “Examples of non-candidacy political activities”, “Social media and online activities”, and “Factors to consider before engaging in non-candidacy political activities” may be relevant. In addition, the Department would like to draw attention to sections 331, 351.1 and 358 of the Canada Elections Act, which contain specific provisions for foreigners with respect to Canadian elections.

The Office of Protocol of Canada remains at the disposal of the Heads of Mission to respond to queries, as necessary, and invites them to contact the Chief of Protocol of Canada, Ms. Angela J. Bogdan, should such a situation arise.

The Department of Foreign Affairs, Trade and Development avails itself of this opportunity to renew to Their Excellencies the Heads of Diplomatic Missions and notified Chargé d’affaires, a.i. accredited to Canada, the assurances of its highest consideration.

Ottawa, July 16, 2015