New caretaker convention guidelines published this week by the Privy Council Office have been revised to respond to the expected on-going uncertainties and economic threats facing Canada from Trump Administration 2.0 and allow nimbleness for a federal government that may need to respond forcefully to U.S trade actions before election day on April 28th.
On March 23rd, 2025, Prime Minister Mark Carney requested and was granted a dissolution of Parliament by the Governor General of Canada. Canadians will go to the polls for an April 28th, 2025, election.
With an election campaign now underway, federal government business is subject to the caretaker convention, in which the government must generally exercise “restraint” until a new government forms after the election.
What this restraint means in practice is especially important to consider in this moment, given the likely need for the federal government to respond over the course of the writ period to the seemingly constant barrage of threats and actions on the economic front brought to the fore by the Trump administration.
What is the “Caretaker Convention”?
The caretaker convention is based on a fundamental principle of Canada’s democratic government: the democratic will of the people must be respected through a fair electoral process which results in a elected House of Commons, and only a government that can command the confidence of the duly elected House is legitimate.
When Parliament has been dissolved for an election, the legitimacy of the government is in doubt: there is no elected chamber that can confer confidence on the government and, critically, the government cannot assume that it will command the confidence of the House post-election.
- routine, or
- non-controversial, or
- urgent and in the public interest, or
- reversible by a new government without undue cost or disruption, or
- agreed to by opposition parties (in those cases where consultation is appropriate).
The Guidelines stress that Ministers, ministers of state and exempt staff “must be especially vigilant with respect to the distinction between official government business supported by departmental and portfolio resources, and partisan political activities, taking care to avoid even the appearance that departmental and portfolio resources are being used for campaign purposes”. Departmental resources must not be used for partisan purposes in respect of the caretaker convention.
The PCO Guidelines also expressly note that:
“[e]xercising “restraint” does not mean that government is prohibited from making decisions or announcements, or otherwise taking action, during the caretaker period. To the contrary, the routine operation of government must continue and necessary business must be transacted. In the event of emergencies, such as natural disasters, the government must have a free hand to take appropriate action to ensure that the public interest, notably the safety and security of Canadians, is preserved.”
What Does the Caretaker Convention Mean for Government Decision-Making?
The norms of the caretaker convention require that the Prime Minister and ministers restrict themselves in the exercise of their powers, to consult with opposition parties on matters beyond the routine and uncontroversial, and to avoid making decisions which would be costly or otherwise difficult to reverse.
In practical terms, this means that much of the activity of departmental and agency officials will slow significantly with an emphasis to continue primarily with routine and uncontroversial work.
Any file that requires a significant amount of discretion or executive responsibility would be unlikely to advance until after the election. It also means that the government should take necessary steps to preserve options for the future, including preserving appeal rights in legal proceedings. In the ordinary course of political cycles, a 30 day election period which slows government activity to allow for a political campaign marked by political debate and public discourse, is normal and generally accepted.
But we are living in extraordinary times…
What’s New in the Caretaker Convention Guidelines?
With President Trump engaging in economic warfare with United States' trading partners, including Canada, and threatening to make Canada the 51st state of America, this writ period is like no other. The caretaker convention explicitly contemplates that the government may be required to act in the public interest on urgent matters.
There are, however, no bright lines to determine when consultation with the opposition parties is required, and there is no veto power afforded the opposition parties where there is disagreement with the government.
What the caretaker convention demands is the exercise of judgement, guided by respect for the democratic will of the people and the principle of restraint. As Phillipe Lagasse expresses succinctly, the caretaker convention is one “…that relies on prudential judgement rather than absolute constraints”. And, what constitutes ‘prudential judgement’ will be informed by the circumstances and the nature of the exigencies facing the executive.
However, given the extraordinary times that we are destined to live in, the Privy Council Office has sought to provide some clarity on the ambit and nimbleness of the federal governmental response to the Trump administration during the writ period through an update to its Guidelines.
In the most recent version of the Guidelines, it is acknowledged that “the Government may be required to respond urgently to evolving circumstances on the international stage or honour commitments to host, or participate in, bilateral or multilateral forums. In this context, consideration may be given to informing opposition parties, particularly if an issue would immediately demand the attention of an incoming government (e.g., the pressing need for some form of new economic measures).”
Furthermore, the Guidelines were specifically updated to suggest that federal governmental communications and advertising can take place “in conjunction with evolving circumstances on the international stage, including bilateral or multilateral forums".
Based on the foregoing, what we can expect is that this government’s interest and capacity for continuing to engage with stakeholder challenges during the election period, and to act on solutions as appropriate, will be a priority. With the Trump 2.0 presidency, Canada is facing existential challenges which will not break for the writ period.
