Elected municipal representatives in several municipalities, including Calgary, have been conducting performative votes in their chambers to declare loyalty to a united Canada as the referendum approaches in Alberta. Some independence supporters have questioned whether municipal officials are allowed to take public stances in the referendum or if they should do so.

As for whether or not mayors, councillors, reeves, etc. can take public stances in referenda, the answer is yes. There are limits, though, that they must carefully abide by.

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A mayor can say how he or she will vote, and a council may record an institutional opinion through a motion in their chambers. The municipality must not spend any public money to try to influence opinions on the referendum questions, however. They can’t start advertising campaigns, donate to advocacy groups or organize events to promote one side or another. They also can’t be found to be using local bylaws to tilt the campaign. As far as campaigning goes, it must remain within the realm of elected officials expressing their personal opinions. They are not legally bound as individuals to be neutral.

The next question is whether or not municipal officials should take stances in the referendum campaign. A councillor is elected to fix roads, zone land, and set a mill rate. No one was elected in the last municipal campaign to use their municipal seat as a pulpit to campaign on provincial elections or referenda. A 14–1 vote in Calgary may accurately reflect that council. It does not follow that it accurately reflects every ward.

Is it principled for councils to take a side? It depends on which way.

It is principled for a council to publish, in plain language, how a given outcome would affect municipal finances, labour supply, housing, policing agreements, or major projects. That is information. It treats residents as adults.

It’s not principled to pass a motion whose operative sentence is “Alberta should remain” and then skip debate, as Calgary did this week. It is unprincipled to use the grey zone: resolutions that are technically not “advertising,” followed by mayoral media tours, civic-partner talking points, and investor letters that all point the same way. The statute drew a line at $1,000 and third-party status because public corporations are not supposed to be political action committees. Honouring the spirit of that line means more than avoiding a radio buy.

Cities and towns have been playing on the edges of campaign laws in the referendum but haven’t crossed them yet.

In taking their public stances, they are wandering outside of their mandates and jurisdictions, but this isn’t unusual for municipal governments. The judgement on whether or not the elected officials acted appropriately lands in the hands of the electorate in the next municipal election rather than in any court.