Photo: Calgary city council will consider whether it can use municipal resources to study and publicly discuss the economic effects of Alberta separation. Legal advice suggests research may be permitted but spending $1,000 or more to influence the referendum could violate provincial third-party advertising rules

Calgary city council is expected to receive legal advice Tuesday on whether municipal money and resources can be used to influence how Albertans vote in the province’s Oct. 19 referendum.

The matter appears on the agenda for council’s regular meeting beginning at 9:30 a.m. on July 28 under the title Referendum Research and Advocacy Question.

The briefing follows questions raised by Mayor Jeromy Farkas during council’s June 30 meeting about whether the city could study the economic and financial consequences of Alberta potentially leaving Canada.

Farkas asked whether city employees or civic partners such as Calgary Economic Development could research similar referendums in other jurisdictions and estimate the potential effects on Calgary’s economy, investment climate and municipal finances.

He also asked whether the city could publicly advocate in favour of Alberta remaining in Canada.

Acting city solicitor Lynne Davies told council the city likely has the authority to research how the referendum could affect Calgary because economic development and the financial well-being of the municipality fall within recognized municipal purposes.

The more difficult legal question is whether the city could publish its findings or use them to persuade voters.

Under Alberta’s Election Finances and Contributions Disclosure Act, referendum advertising includes public messages intended to promote or oppose an option presented to voters.

Municipalities are prohibited from registering as referendum third-party advertisers. Other eligible individuals, corporations, unions and groups must register with Elections Alberta if they spend or plan to spend at least $1,000 on referendum advertising.

Davies said a good-faith economic analysis would not automatically constitute advertising. However, a report could be considered advocacy if its conclusions implicitly or directly encouraged voters to select a particular answer.

Elections Alberta issued additional guidance July 8 stating that referendum advertising must relate to an identifiable ballot question and attempt to convince voters to vote in a particular way. General statements about Alberta or Canada do not necessarily meet that definition.

A council resolution expressing support for Alberta remaining in Canada would likely be allowed provided the city did not spend $1,000 or more promoting the resolution, according to the preliminary legal advice presented in June.

Individual members of council are also free to express their opinions and campaign independently as long as they follow the applicable financing and advertising rules.

City administration said it would seek written direction from Elections Alberta before providing council with additional legal advice.

The Oct. 19 ballot will not ask Albertans to immediately approve separation. Question 10 asks voters to choose between Alberta remaining in Canada or beginning the constitutional process required to hold a future binding referendum on leaving Canada.

Calgary council’s discussion could determine whether the city limits its involvement to internal research or takes a more public role in the referendum debate.