The City of Calgary won’t be able to actively campaign for Alberta to remain in Canada, but councillors could if they want to, according to city legal advice.

Mayor Jeromy Farkas, who has stated that he would be vocal about Alberta staying in Canada, primarily for the potential economic impact to Calgary, asked about it during Question Period at the June 30 Regular Meeting of Council.

Farkas asked specifically if city council has the legal authority to deploy resources or those of relevant Civic Partners to conduct research on historical precedents and municipal impacts of separation referenda in comparable jurisdictions, along with projected economic impact to the City of Calgary.

He also asked if the City of Calgary had legal authority to engage in advocacy in favour of Alberta remaining in Canada.

Recently, in the Mayor and Me podcast exclusive to LWC members, Farkas said dealing with the potential economic impact of separation on Calgary was one of his office’s highest priorities.

“This is a five-alarm fire,” he told LWC.

“There’s a lot of criticism out there that has said that I should just stay in my lane, but if economic development, public safety, and investment in Calgary is not the job of the mayor of Calgary, then whose job is it?  It’s frankly been quite frustrating to see a lack of prominent voices willing to stick their neck out on this issue, and the fact that they consider it to be sticking their neck out, I think, is part of the problem.”

It comes as the Calgary Chamber of Commerce has put out a series of surveys on the issue of Alberta separation, including the most recent one showing that nearly half of its members would likely relocate their business if Alberta continues down the separation path.

Other organizations have also indicated that there could be a significant financial impact on citizens, particularly lower-income or vulnerable Calgarians.

Difficult questions to answer: Law director

Acting director of law Lynne Davies said that the City of Calgary could conduct its own research into the impact of the proposed referendum questions, or it could request that a third party, such as Calgary Economic Development, do so.

“One of the municipal purposes under Section Three of the Municipal Government Act, to develop viable research on how the referendum may impact the city, would seem to come under this purpose,” she told councillors.

“The issue will be whether the city can report on and make public those conclusions that are reached.”

She said the reporting of information was a more difficult question to answer, given that under the Election Finances and Contributions Disclosures Act, the city can’t be a third-party advertiser and can therefore not participate in any advertising.

“Third-party advertising is defined as advertising a message that promotes or opposes a question in a referendum, so while good-faith economic analysis does not in itself promote or oppose an outcome, it may do so implicitly, and it’s not clear from the legislation as to whether this would contravene those rules on advertising,” Davies said.

Davies said there may be ways to leverage rules around the City of Calgary’s legal authority to engage in advocacy.

“If it were a council resolution that expresses support or opposition to a referendum question without anything more, I would argue that this would be permissible within the referendum advertising rules,” she said.

“It is an exercise of the city’s natural person power and furtherance of a … valid municipal purpose.”

The one caveat is that a total amount of $1,000 couldn’t be spent in doing so, otherwise it could contravene the third-party advertising rules.

Alberta Justice Minister Mickey Amery said that since the Alberta Legislature wouldn’t sit again until October, no amendments to legislation were possible at this time.

“There are many ways for the Calgary Mayor and Councillors to advocate their positions on the upcoming referendum without the municipality acting as a registered third-party advertiser,” Amery said via email in response to questions.

Albertans will vote on 10 questions in a fall referendum scheduled for Oct. 19.