These are the decisions made by the Leadership Contest Arbiter to clarify Leadership Contest Rules following a request for clarification.

A request for clarification of the rules can be submitted here.

Rulings

Date of ‘Request’: June 28, 2022
Question: This question was about whether a specific person would meet a specific eligibility requirement.

Rule(s): 6.1

Leadership Contest Arbiter Response: Determining eligibility is the domain of the Leadership Contest Committee. We will not issue advance rulings on eligibility. We will not respond to questions as to whether a specific potential Applicant meets a specific eligibility requirement.

Date of ‘Request’: June 29, 2022
Question: Will rule clarification questions and answers be published without the names of which campaign has asked them being attached?

Rule(s): 5.1, 5.3

Leadership Contest Arbiter Response: Yes. We will be responding first to the individual who posed each question, then subsequently, without any identifying details, publishing the question and our answer on the GPC website.

Date of ‘Request’: June 29, 2022
Question: Applicants, after receiving confirmation of receipt of application, may announce that they have applied. Before that, are prospective Applicants allowed to publicly announce that they “are intending to enter the contest”, and that they “are in the process of gathering signatures”?

Rule(s): 7.4

Leadership Contest Arbiter Response: Yes.

Date of ‘Request’: June 29, 2022
Question: What is the expected mechanism by which a candidate’s campaign bank account would receive funds earlier than August 31?

Rule(s): 12, 7.5

Leadership Contest Arbiter Response: Leadership Contest applicants can receive money, as loans or donations or a combination, from themselves and/or others, prior to August 31. An applicant's Financial Agent will deposit the funds into their campaign bank account. Rule 12.1 requiring directed contributions applies to Contestants (approved and registered with Elections Canada). Prior to the announcement of all Contestants on August 31, Applicants and those planning to apply to enter the contest, may receive directly contributions permitted under rule 7.5. These contributions will still be subject to the 50% contest support fee pursuant to Rule 12.4, unless exempted under 12.4.

Date of ‘Request’: June 29, 2022
Question: Rule 7.5 provides for fundraising and spending before August 31 “to cover costs associated with submitting a complete application as laid out in Section 7”. Rule 7.2.3 says that an applicant must submit to the LCC “a link to the Applicant’s campaign website”. Does the fundraising and spending allowed before August 31 include the costs of building a campaign website, or traveling to gather signatures?

Rule(s): 7.5

Leadership Contest Arbiter Response: The fundraising and spending allowed before August 31 includes the cost of building a campaign website, and travel for the purpose of gathering required nominator signatures. Other expenses that would be covered include the $1,000 application fee and professional photographs.

Date of ‘Request’: June 29, 2022
Question: Language testing is not part of the Section 7 ‘Application/Nomination’ process, but language is part of Candidate Eligibility, and testing is part of Application Processing. Is fundraising and spending allowed (before August 31) to pay for language training for candidates, to help them achieve the required level by the August 15 language testing deadline?

Rule(s): 7.5, 6.1.8, 9.3

Leadership Contest Arbiter Response: Language testing is part of the application process and is being paid for by GPC. Language training would be part of meeting the eligibility requirements. Neither fundraising nor spending on it would therefore be covered by 7.5. A person is not prevented from paying for language training from non-campaign funds during this time. The only limitations would be fundraising to cover the cost, or spending campaign funds on it.

Date of ‘Request’: June 29, 2022
Question: Why are the membership cutoff dates set at 30 days before the first day of voting in each round, rather than 30 days before the last day of voting in each round?

Rule(s): 14.4, 14.5, 16.1, 16.2, 22

Leadership Contest Arbiter Response: The original Rules 16.1 and 16.2 were in fact in conflict with GPC Bylaw 1.5.1 and were corrected at the Federal Council meeting of June 29th. The cutoffs are now set at 30 days before the last day of voting in each round. Sections 14 and 22 have also been amended accordingly.

Date of ‘Request’: July 2, 2022
Question: Why does rule 5.9 refer to violations of Section 22, which is the timeline?

Rule(s): 5.9

Leadership Contest Arbiter Response: This is a reference that was not corrected after a change to an earlier draft of the Rules. It should refer to section 21 (no one is required to act impartially by section 22). With this error, we are not compelled to inform a person's governing Party unit following a section 21 violation, but we will do so regardless.

Date of ‘Request’: July 7, 2022
Question: How is a member "living in a region other than my own" defined?

Rule(s): 7.2.2

Leadership Contest Arbiter Response: GPC Bylaw 3 defines six Regions: British Columbia, the Prairies (Alberta, Saskatchewan, Manitoba), the North (Yukon, Northwest Territories, Nunavut), Ontario, Quebec, and the Atlantic (New Brunswick, Nova Scotia, PEI, Newfoundland and Labrador). An Applicant needs at least 20 nominations from members residing in one, or any combination, of the five Regions other than the Region in which the Applicant resides.

Date of ‘Request’: July 7, 2022
Question: I am wondering if and how I may be allowed to promote my own candidacy in the pre-campaign period, with a view to obtaining the required signatures. It would be a challenge for me to do so without presenting some literature about myself, as I am seeking to recruit new members.

Rule(s): 7.2.2

Leadership Contest Arbiter Response: You may promote your candidacy during the pre-campaign period, subject to the limitations set out in Rules 7.4 and 7.5.

Date of ‘Request’: July 14, 2022
Question: What is the definition of “Indigenous” for the purposes of rule 6.1.8?

Rule(s): 6.1.8

Leadership Contest Arbiter Response: The exception created for Indigenous applicants by Rule 6.1.8 applies to individuals belonging to the Indigenous communities of Canada, specifically First Nations, Inuit, and Métis.

Date of ‘Request’: July 18, 2022
Question: In seeking nominations in support of my application, are new members considered in good standing to nominate me?

Rule(s): 7.2.2

Leadership Contest Arbiter Response: Yes. Rule 7.2.2 states that members in good standing are able to nominate. A member ceases to be in good standing upon failure to pay a membership fee or upon being suspended. Therefore, new members are considered in good standing and able to nominate Contestants from the moment they join.

Date of ‘Request’: July 28, 2022
Question: Can a Leadership Contestant run with another Contestant as a co-leader?

Rule(s): None

Leadership Contest Arbiter Response: The current GPC Constitution and Bylaws do not provide for the position of Leader to be filled by more than one person. The 2022 GPC Leadership Contest will conclude with a single individual being elected Leader. There is no rule against Contestants working together or making promises about what they will do once elected. The Leader may appoint up to two Deputy Leaders under Bylaw 6.3.

Date of ‘Request’: July 31, 2022
Question: Can a Leadership Contestant promise to make a constitutional amendment to the membership? Would this change if the members have rejected a constitutional amendment of the same nature before?

Rule(s): None

Leadership Contest Arbiter Response: Constitutional amendments can only be made by the GPC membership. However, there is no Rule that prohibits contestants from making promises - even if for things they would not have the unilateral authority to deliver as leader. The answer is not different if members have rejected a constitutional amendment of the same nature before. 

Date of ‘Request’: August 1, 2022
Question: Rule 7.2.3 states that a Contestant's profile must be 425 words or fewer in French and 350 words or fewer in English. If an Applicant writes their profile in one language and then translates it themselves, does the limit still apply to the second language? 

Rule(s): 7.2.3

Leadership Contest Arbiter Response: The limit is 350 for English and 425 for French. If you are submitting a profile in English, regardless of whether you are also submitting one in French, the limit for the English profile is 350 words. If you're submitting a profile in French, regardless of whether you are also submitting one in English, the limit for the French profile is 425 words. You cannot exceed either limit.

Date of ‘Request’: August 2, 2022
Question: please rule on the factors that will determine someone is "belonging to the Indigenous communities of Canada." ie. would this include self identification (people without status) or just status individuals? 

Rule(s): 6.1.8

Leadership Contest Arbiter Response: The request by any Leadership Contest applicant to be exempted from Rule 6.1.8 on the basis that they are Indigenous, will be considered on a case by case basis. A person may self-identify as an Indigenous person if they believe they have Indigenous ancestry. However, those who cannot show status or citizenship in their Indigenous nations, must be able to demonstrate their kinship ties through their life story.

Date of ‘Request’: August 2, 2022
Question: Under rule 4.7 the LCA will take a "majority vote" if no consensus can be reached. Can the LCA please clarify what a majority vote would look like? would this mean 50% or 51%?

Rule(s): 4.7

Leadership Contest Arbiter Response: As the LCA has only three members, the only possible non-consensus “majority” is two members. This applies whether the other member objects, abstains, or is recused.

Date of ‘Request’: August 2, 2022
Question: Do nominators have to be citizens or not? Do they have to be permanent residents or not?

Rule(s): 7.2.2

Leadership Contest Arbiter Response: Nominators must be Party members in good standing. In order to be a member of the GPC, one must be either a citizen or a permanent resident of Canada.

Date of ‘Request’: August 9, 2022
Question: An email was sent from the Party to Applicants stating: “Applicants taking part in campaign events, speaking publicly about their motivations to run, platform, strategy, vision etc. would constitute campaigning. During the Pre-Campaign Phase, when prospective contestants submit their applications and these are assessed, there will be no campaign events and no campaign spending.”

A previous LCA clarification response stated “You may promote your candidacy during the pre-campaign period, subject to the limitations set out in Rules 7.4 and 7.5.” 

Can you please clarify to what extent a campaign can publicly communicate during the pre-campaign phase, and whether this email communication on August 6th was mistaken in its interpretation of the rules?

Rule(s): 7.4, 7.5

Leadership Contest Arbiter Response: The only limitations on campaigning during the Pre-Campaign period are those set out in Rules 7.4 and 7.5. Rule 7.4 prohibits an Applicant from announcing whether their application has been approved prior to the joint announcement of the final list of Contestants. Rule 7.5 prohibits fundraising or campaign spending by Applicants or Approved Applicants beyond that required to pay the $1000 application fee and to cover costs associated with submitting a complete application, for example setting up a website and having professional photographs taken.

Date of ‘Request’: August 18, 2022
Question: Rule 15.1 prohibits Contestants and their campaign teams from using "GVote or information previously obtained from GVote for any Contest purpose." Some EDAs have NationBuilder databases; does Rule 15.1 extend to NationBuilder and other databases with member information in them?

Rule(s): 15.1, 21.3

LCA Response: Yes. Rule 21.3 states: “3. EDA funds and resources may not be used to support or oppose any individual Contestant…” Since EDAs' NationBuilder databases are EDA resources, they cannot be used by Contestants or their campaigns. EDAs can make use of their own resources in an impartial manner subject to the restrictions under the full Rule 21.3.