Opposition parties say Doug Ford is violating the caretaker convention with his trip to Washington. Here’s what that means

Progressive Conservative Leader Doug Ford speaks from the podium during a visit to Walker Construction in St. Catharines, Ont. on Friday, January 31, 2025. THE CANADIAN PRESS/Peter Power

A pair of planned visits to the U.S. by Ontario’s premier during an election period has his political rivals crying foul and accusing him of violating a key election convention in Canada.

Doug Ford is set to lead Canada’s premiers on a mission to Washington, D.C., later this month.

As the current chair of the Council of the Federation – a body comprised of all 13 provincial and territorial premiers in Canada – Ford has been leading the premiers’ response to threats by U.S. President Donald Trump to impose 25 per cent tariffs on Canadian goods.

The premiers are expected to use the trip to promote Canada and to meet with U.S. political and business leaders to discuss a range of key issues, including the economy, energy, critical mineral supply chains, border security and immigration.

That trip is scheduled for Feb. 12. Ford is also set to visit Washington a second time Feb. 20-22, along with several other premiers, during the annual meeting of the National Governors Association.

The trips were announced back on Jan. 10, less than three weeks before Ford called a snap election, claiming that he needed a new strong mandate to deal with the tariff threats.

Opposition parties have accused Ford of using the tariff threats as an excuse to have an election he wanted all along in order to capitalize on favourable polling numbers. They have also said that given Ontario is now in an election campaign, Ford’s planned trips to Washington constitute a misuse of government resources as they violate a key convention in Canadian politics.

What is the caretaker convention

While not written law, the caretaker convention is a well-worn policy for how federal and provincial governments should behave during an election period.

“During this period, Ministers exercise care and avoid any perception that they are using their ministerial offices, resources or portfolios for political purposes,” reads a memo sent out by Michelle E. DiEmanuele, the head of the Ontario Public Service, after the election was called.

The memo, sent out to provide direction to Ontario’s 60,000-plus employees, also says that during the caretaker period there are generally no new policy or program initiatives.

While ministers may take action to perform their duties in an emergency situation, they must do so after being cleared by the premier’s office in consultation with the cabinet secretary.

“The basic premise, I think, is an important one, and it basically says once an election is called, the existing incumbent government should be as hands-off of using its legislative and executive powers as possible in order to create an equal, level competitive election field for itself and for other political parties,” Myer Siemiatycki, professor emeritus of politics at Toronto Metropolitan University, told CP24.com.

“The kind of argument is that that it would be a greatly imbalanced kind of campaign if the previously elected government were, in that interim period… continuing to operate as If it was the government; passing laws, making announcements, handing out funds to people.”

While it is not technically law, it is part of a system of many conventions which govern Canadian politics, Siemiatycki said.

“There’s a lot of things in Canada’s system of government that are not rooted in laws and regulations, but just an acceptance of the way things have been done and should continue to be done.”

As an example, he cited the governor-general and monarch’s deference to parliament in almost all matters, even though the constitution technically makes them much more powerful than they are in practice.

“The convention is, in other words, the understanding of custom and tradition and required comportment. That’s what convention comes down to: How are you expected to behave within a certain context?”

Is Ford breaking it?

Opposition parties have questioned the appropriateness of the trip amid an election campaign.

Furthermore, any major deals he might strike with U.S. officials could raise further questions about whether he is flouting an important convention by making policy the province could be held to while he is a caretaker premier.

Speaking with reporters Friday, Ford didn’t provide a direct answer to a question about the caretaker convention and his planned trips, but vowed to continue taking a leadership role in the tariff response.

“Well, I can tell you what the other premiers think. They gave me 100 per cent support when I was on the line with them this week, and I appreciate all the premiers supporting me,” Ford said. “I’m going to get down there, I’m going to lead. I’m going to lead when we go, as the chair of the federation, when we go to Washington on the 11th and 12th. I’m going to lead when we go back to Washington on the 20th. We have a great team of premiers, really, really united, and we’re going to move forward and fight for Canada, fight for our jobs.”

Ford has characterized the tariff threats as an urgent threat that must be dealt with, but even so, convention dictates consultation with the opposition in crafting a response to an emergency.

Ontario Liberal Leader Bonnie Crombie has said she was willing to support an Ontario response to the tariffs before the election was called and has repeatedly said, along with the other parties, that calling an election was unnecessary.

Siemiatycki said Ford’s cool response to the offers from the opposition suggests this may not be the provincial crisis he claims it is.

“The opposition parties have said, ‘We’re willing to be part of the conversation and plan on how Ontario responds.’ He rejected that. I think that suggests a kind of lack of good faith in dealing across the board and in a collaborative way, as opposed to crisis,” Siemiatycki said.

“I think it suggests he is trying to capitalize on the tariffs to call an early election, portray himself as the saviour of the province and win re-election.”

Howeve,r Siemiatycki said the convention is “certainly open to interpretation,” meaning that Ford has some latitude.

“I’m sure we’ll see no end of those differing perspectives on the convention between now and Election Day at the end of February,” he said.

While there may not be anybody that can stop Ford from exercising the powers of the premier during an election, Siemiatycki said, the electorate will ultimately have the say on whether they think it was appropriate.

There’s also one other point for Ford to consider.

“Every government to this point, federally and provincially, has honoured that convention because they realize one day they will be an opposition party,” Siemiatycki said. “And do they want to create the precedent where some other party and government is going to go to town in the election campaign period in a very partisan way, using the instruments of government and authority that they got in the last election?”