A move to keep Niagara-on-the-Lake neutral in elections is now drawing criticism for being overly restrictive.
Council approved an updated policy Tuesday clarifying existing rules that prohibit candidates from using town facilities and resources during the campaign period — and now makes clear that includes events organized by community groups, such as candidate debates. Couns. Gary Burroughs and Sandra O’Connor opposed the decision.
Previous rules already restricted the use of municipal facilities for election-related purposes.
The updated version now covers social media and third-party advertisers, while more clearly defining what counts as municipal resources and how the restrictions apply.
The rules are to ensure compliance with the Municipal Elections Act, which governs municipal elections in Ontario and bars municipalities from providing resources that could be seen as support for candidates.
Town clerk Grant Bivol said provincial rules date as far back as 2014 and the policy came in effect in NOTL in 2018.
“I certainly can’t say that I’m aware of it having happened from 2018 onward,” Bivol told council at the meeting. “And should not have happened after 2014 legislation came in.”
But the Niagara-on-the-Lake Residents Association warns new wording in the policy could have real impacts on how candidates connect with voters — a concern it raised with staff before the meeting.
“Even if staff’s intent was to align Niagara-on-the-Lake with neighbouring municipalities, the wording they chose added an unnecessary extra restrictive layer,” association administrator Ron Simkus told The Lake Report.
Simkus said the group treats council’s decision as “a bump in the road” and remains committed to “an open and transparent election process, regardless of what site venue is selected.”
Town officials say the rules aren’t new and that concerns are misplaced.
“I got a crazy amount of emails, a crazy amount of social media posts tagged,” Coun. Maria Mavridis said.
All this is, she said, is providing clarity of a policy aimed at aligning with provincial law and practices across Niagara.
“By keeping the town completely out of the process itself, we stay fair, transparent, consistent and clear of any conflicts or legal issues that may arise,” she said.
In a public post on Facebook ahead of the meeting, Mavridis offered to provide copies of similar policies from other Niagara municipalities.
Policies from municipalities including Niagara Falls, Grimsby, Pelham and Fort Erie show similar restrictions on the use of municipal resources for campaign purposes, including limits on using municipal facilities.
Burroughs questioned the purpose of the report during discussion.
“I’m unclear and certainly, the residents talking to me are unclear,” Burroughs said.
“This is only about the elected people running for elected office, not groups that want to hear from people running?” he asked, noting places “where groups have candidate debates” like libraries and fire halls.
“I want to know that they’ll still be allowed to have those debates in those locations.”
Staff said candidate debates would not be allowed in town facilities under the policy.
“That’s quite a change,” Burroughs said, to which town clerk Grant Bivol agreed.
Bivol said to remain neutral, town buildings cannot be used for election-related purposes of any kind.
“We draw the line at renting our municipal facilities to any organization,” he said.
O’Connor said she received policies from municipalities like Burlington, Ottawa and Toronto, who she said, according to their policies, allow candidates to use public spaces.
“Why is it that we are not allowing it, but they are allowing it according to the same regulations?” she asked.
Chief administrative officer Nick Ruller said staff reviewed policies across the Niagara region.
“The draft policy that’s in front of council today is consistent with how the municipalities are approaching things,” Ruller said. “If there’s an opportunity, we’re happy to explore it.”
Other councillors supported the update, saying it brings clarity and avoids confusion.
Coun. Wendy Cheropita said the approach appears “pretty consistent with what other municipalities in Niagara are doing” and noted there are other venues available.
“If there are no other options, I might be concerned,” said Cheropita. “But there are options.”
Coun. Erwin Wiens said the restriction is “not a disservice to any residents”
“The act was put in there for a reason,” he said. “To protect everybody.”
