Guidance for Panel members for the implementation of the Cabinet Directive on the Critical Election Incident Public Protocol

The Cabinet Directive on the Critical Election Incident Public Protocol, first implemented in 2019 ahead of the 43rd General Election, established a mechanism to communicate clearly, transparently, and impartially with Canadians during the caretaker period in the event an incident or an accumulation of incidents occurred that threatened Canada’s ability to have a free and fair election. 

An amended Cabinet Directive was issued in May 2021, resulting in the Protocol remaining in place for future general elections.

In my capacity as Head of the federal public service, I have unique responsibilities to ensure the coordination and continuity of the Government of Canada, including its democratic institutions, during the caretaker period. The following guidance is hereby issued for the operation of the Panel of senior public servants responsible for administering the Protocol during the 45th General Election.

This guidance supplements ministers’ expectations outlined in the Protocol itself and, in large part, reflects and provides enhanced clarity to the way the Panel has operated in the previous two elections. It does not change the mandate of the Panel given to it by Cabinet.

Canada and its democracy are best served by election campaigns that offer a full range of debate and dissent. Both this guidance, and the Protocol itself, are meant to support, and will not curtail, Canada’s rich democratic discourse. As members of the Panel, I expect each of us to work closely with our fellow Deputy Heads across government to contribute to this important task of supporting Canada’s democracy during the caretaker period. 

Everyone – Canadian citizens and those residing in Canada; organizations such as political actors; social media platforms; civil society; academia; and others – has a role to play to ensure Canadian democratic values are upheld, and the Protocol is intended to complement these essential efforts. Citizens, in particular, play an essential role by taking an informed and critical approach to online information, in order to thoughtfully assess the information they consume, share and discuss.

I hereby provide the interpretive guidance for the operation of the Panel during the caretaker period for the following sections of the protocol:

Section 2.0 – Purpose

By virtue of Panel members’ leadership positions throughout the public service and in the context of the Caretaker Convention, the Panel brings an important contribution in coordinating government efforts to protect the integrity of the federal election during the caretaker period. 

As part of its deliberations to fulfil its mandate, the Panel shall therefore take note of whether and how the full range of actions available to the Government of Canada to safeguard against incidents that threaten Canada’s ability to have a free and fair election have been considered, including considerations related to communicating with Canadians. 

Through its deliberations, the Panel will endeavor to support a coordinated Government of Canada response.

Section 5.0 – Process

In accordance with the Values and Ethics Code for the Public Sector, the Panel shall undertake its role in a non-partisan and impartial manner. For additional clarity, partisan political considerations shall play no role in the decisions of the Panel, including those related to communicating with Canadians. 

Within one week following the issue of the writs, a statement will be issued informing Canadians of the range of tools available to the Government of Canada, and what to expect in terms of potential public communications on the topic of safeguarding elections during the election period.

During the caretaker period, responsibilities under this Protocol are the overarching priority of Panel members, and the Panel shall convene and receive briefings on a frequent basis.

In support of the Panel’s deliberations:

• The Panel shall draw upon the support and expertise of the federal public service to support its operations.
• The national security agencies shall provide regular briefings to the Panel, as outlined in the Protocol. The Panel shall also undertake to obtain information and advice from sources other than the security and intelligence agencies. 
• Political parties will be instructed on how to report any interference they may experience during the election, as outlined in the Protocol. The Panel shall endeavour to ensure that government departments and agencies, and non‑governmental organizations also have opportunities to report any incidents that they may experience or observe during the election.

The Panel will evaluate incidents to determine if the threshold (as set out in Section 6.0 of the Protocol) for informing the public has been met. In order to achieve objectives in line with the Panel’s mandate (such as raising Canadians’ awareness, mitigating threats, and preventing escalation), the Panel shall also note the degree to which other measures available to the Government of Canada have been considered. Such measures could be directed at the threat actor, the threat activity, and/or the potential target. The Panel’s consideration of such measures is in addition to its primary function, which remains determining whether to make a public announcement. 

Some of these measures include:

• Informing affected parties, such as candidates, political parties, or Elections Canada;
• Engaging with civil society organizations and communities at risk;
• Establishing communications lines with social media platforms operating in Canada;
• Collaborating with provinces and territories, as well as local governments;
• Pursuing diplomatic engagement with foreign governments;
• Undertaking threat reduction measures to mitigate the impact of foreign interference; and
• Issuing public communications.

Section 6.0 – Threshold for informing the public.

The Protocol outlines that a public announcement by the Panel would only take place if it is determined “that an incident or an accumulation of incidents has occurred that threatens Canada’s ability to have a free and fair election.” This recognizes that a direct intervention by the Panel during the period of its operation requires careful consideration and a high threshold. 

This high threshold remains merited and assures a balance is struck such that the operation of the Panel does not itself become an obstacle to free and open democratic debate while providing protection against threats to the integrity of the election.

However, in recent years, Canada and its allies have recognized the value of publicly disclosing incidents of foreign information manipulation and interference, to raise citizen awareness, build citizen resilience, and maintain trust in electoral outcomes. Therefore, the Panel shall assess whether and how Government of Canada communications during the caretaker period could contribute to the above objectives.

Section 9.0 – Assessment

After the next general election, as Head of the Public Service, I shall work with Panel members to produce a report that summarizes deliberations and decision-making during the caretaker period. This report will be presented to the Prime Minister and to the National Security and Intelligence Committee of Parliamentarians. A public version will also be developed. These reports are intended to provide increased transparency and clarity on decision-making during this period and to inform the continuity of government.

These reports, alongside the independent report outlined in the Protocol, shall also aim to help inform consideration of potential adjustments to the Cabinet Directive, if warranted, as part of continuous efforts to improve the preparedness of the Government of Canada in safeguarding Canada’s democratic institutions. 

John Hannaford
Clerk of the Privy Council and Secretary to the Cabinet