Frequently Asked Questions

1. Questions of a General Nature
2. Federal Public Service Employees' Engagement in Political Activities (other than political activities related to candidacy)
3. What the New PSEA Says About Candidacy
4. Investigations of Allegations of Improper Political Activities

I. Questions of a General Nature

1. What will be the impact of the new Public Service Employment Act (PSEA) on my right to engage in political activities?

The new Public Service Employment Act (PSEA) recognizes both your right as an employee to engage in any political activity at the federal, provincial, territorial or municipal level and the principle of political impartiality in the federal public service. The PSEA states that you may engage in any political activity as long as it does not impair or is not perceived by others as impairing your ability to perform your duties in a politically impartial manner.

Your right as a federal public service employee must, therefore, be examined in light of the need to maintain a politically impartial public service. The political impartiality of the public service is a fundamental value that ensures Canadians benefit from non-partisan delivery of services.

2. Do these provisions apply to political activities outside work hours and off work premises? If so, why?

Yes it does, because regardless of when or where a political activity is exercised, it may, depending on the nature of the activity and on the employee's specific circumstances, impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner.

The situation must therefore be assessed on a case-by-case basis.

3. What constitutes a municipality?

Municipality is defined in the legislation as “an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or any other municipality however designated or as any other local or regional authority that is determined by the Governor in Council to be a municipality.”

To date the Governor in Council has not designated any other local or regional authority to be a municipality.

4.  To whom does the Act apply?

This legislation applies to all employees and deputy heads of organizations of the federal public service that fall under the PSEA. It also applies to employees and deputy heads of additional separate agencies whose enabling legislation provides that the political activities provisions of the PSEA apply to their employees i.e.:

• Canadian Institutes of Health Research
• Financial Transactions and Reports Analysis Centre of Canada
• Canada Revenue Agency
• Parks Canada
• National Film Board of Canada

5. Who is accountable for ensuring the political impartiality of the public service?

The PSC is accountable for safeguarding the political impartiality of the public service. However, departments, agencies and employees also have important roles and responsilbilities to this effect.

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II. Federal Public Service Employees' Engagement in Political Activities (other than political activities related to candidacy)

1. What constitutes a political activity?

The PSEA defines "political activity" as:

• any activity in support of, within or in opposition to a political party;
• any activity in support of or in opposition to a candidate before or during an election period; or
• seeking nomination as, or being a candidate in an election before or during the election period.

2. What are examples of political activities that fit the broad definition under the legislation?

The list below sets out examples of political activities within the meaning of the new PSEA. Of course, voting in an election is a political activity that is permissible in all instances.

• joining a political party;
• contributing funds to a political party, organization or candidate or attending political fund-raising functions;
• attending political party events, e.g., meetings, conventions, rallies, fund-raising functions, or other political gatherings;
• carrying out administrative activities for a political party or candidate, such as stuffing envelopes, answering or placing telephone calls, addressing correspondence on behalf of a political candidate or party;
• supporting a political party or candidate, e.g.,
  • displaying political material, e.g., picture, sticker, badge or button, place a sign on lawn; accompanying a candidate during a press conference;
  • organizing political events.
• developing promotional material for a political party or candidate, e.g. writing campaign speeches, slogans, pamphlets for candidates in partisan elections;
• signing nomination petitions and/or the official nomination paper of a candidate;
• soliciting funds for a political party or candidate;
• seeking nomination in a federal, provincial, territorial or municipal election; (note that separate rules apply to this activity which are not covered in this tool).

3. Does that mean that all of those activities are prohibited?

No, political activities have to be assessed on a case-by-case basis in light of employees' specific circumstances, to determine whether the activity would impair or could be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner.

4. Why are the rights of deputy heads different from the rights of employees?

Under the new legislation, deputy heads' political activities are restricted to voting in elections because:

• political impartiality is key in their role of providing objective advice to their Ministers;
• they exercise considerable personal influence on the policies of the government; therefore, a low political profile is essential.

5. Does the Values and Ethics Code for the Public Service apply to political activities?

Activities that do not fit the definition of political activities under the PSEA are subject to the Values and Ethics Code for the Public Service (Code) and could, therefore, be problematic for reasons other than those related to the Public Service Employment Act.

For example, speaking out in the media against the federal government or against a federal policy would not be a political activity according to the definition in the PSEA. In certain circumstances, however, such activities might be problematic under the Code, as they may give rise to a real, apparent or potential conflict of interest, or because of the duty of every public servant to uphold the public service’s reputation for integrity, objectivity and impartiality.

6. What are the consequences of my engaging in an unacceptable political activity?

Any person may make an allegation of improper political activity against federal public servants, and the PSC may, in turn, investigate these allegations. A substantiated allegation may lead to corrective action up to and including dismissal. Organizations may also impose disciplinary measures with respect to unacceptable political activities, even if no allegation has been made. Only a person who is or was a candidate in an election may make an allegation that a deputy head contravened the new PSEA.

7. How can employees go about determining whether the political activity they wish to engage in is problematic?

A self-assessment tool is available to help you make reasonable decisions about your involvement in political activities. It can help you assess whether a given activity would impair or could be perceived as impairing your ability to perform your duties in a politically impartial manner. This assessment is done on a case-by-case basis in light of your specific circumstances and of factors such as the nature of the political activity you wish to engage in, the nature of your duties and the level and visibility of your position.

However, this tool should not be seen as the sole mechanism for making this decision. When in doubt, you are encouraged to discuss your specific circumstances with your manager and/or head of human resources, or the designated political activities representative in your organization.

8. If I engage in political activities on my own time, are the rules any different?

The rules and principles are no different whether you wish to engage in political activities on your own time or not. You still need to assess how a reasonable person would perceive your actions based on the nature of the activity in question, the nature of your duties and the level and visibility of your position.

9. Where can designated political activities representatives seek clarification or advice?

They can send an email to pa-ap@psc-cfp.gc.ca or call 1 866 707-7152 to talk to a PSC advisor.

For activities that do not fall under the PSEA definition of political activities, designated representatives may contact the Public Service Values and Ethics at (613) 957-2458.

10. What complaints/recourse mechanisms are available to public servants who wish to complain about limitations imposed on their right to engage in a political activity?

There is no specific recourse mechanism for this situation.

However, should management impose disciplinary measures involving a financial penalty or termination of employment for improper political activity, a grievance would be subject to adjudication by the Public Service Labour Relations Board (PSLRB).

11. Are partisan political activities unacceptable?

It depends. Party affiliation or partisan activities are not the test that determines whether a political activity is acceptable or not. The question is whether engaging in a given political activity would impair or be perceived as impairing an employee's ability to perform his or her duties in a politically impartial manner. The situation would have to be assessed on a case-by-case basis in light of the activity in question and the employee's specific circumstances. Guidance and a self-assessment tool are available to help the employee in his or her assessment in order to make reasonable decisions in this regard.

12. To what extent would international political activities have an impact on and/or limit a Canadian public servant's responsibilities or involvement, and how should this be addressed?

This legislation applies only to Canadian political activities. Therefore, international political activities are subject to the Values and Ethics Code for the Public Service (the Code) and must be assessed in accordance with the Code.

13. Can the political activities of a spouse, family member or friend(s) have an impact on the political impartiality of federal public servants? Are they protected from allegations of improper political activity?

The political activities of others should generally not be problematic to the employee. For example, having dinner with a friend who is engaged in a political activity should not impair or be perceived as impairing the employee's ability to perform his or her duties in a politically impartial manner. Still, an employee should be careful about the implications of a spouse running for election may have on him or her.

Should the employee decide to campaign for the spouse or friend, the political activity could be problematic. This situation would have to be assessed in light of the political activity in question and the employee's specific circumstances.

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III. What the New PSEA Says About Candidacy

1. What is the difference between the old Public Service Employment Act (PSEA) and the new PSEA with respect to seeking nomination and candidacy?

The new PSEA expressly provides that employees may engage in any political activity so long as it does not impair or is not perceived as impairing their ability to perform their duties in a politically impartial manner.

Furthermore, the new PSEA now governs the political involvement of federal public servants at the municipal level. Therefore, the PSC now grants permission and/or leave for candidacy in federal, provincial, territorial and municipal elections.

The new Act provides some increased flexibility. For instance, as opposed to the old PSEA, the new PSEA gives the PSC the discretion to decide when leave without pay must begin during the period in which the employee seeks nomination as a candidate or is a candidate before the election period. Consequently, the new PSEA lessens the potential for financial hardship for the employee.

Another new aspect of the new Act is that the PSC's authority will be broadened to investigate any allegation that an employee has failed to comply with any of the provisions relating to political activity.

2. How will the PSC decide whether an employee's ability to perform his or her duties in a politically impartial manner is being impaired by either seeking nomination or eventually by actually being a candidate?

The PSC's decision will be based on such factors as the nature of the election, the nature of the employee's duties, and the level and visibility of the employee's position in the public service.

3. What kind of information will the PSC need to decide if the employee's ability to perform his or her duties in a politically impartial manner is being impaired or is perceived as being impaired?

The PSC may use the description of duties approved by the organization, the position title, the level of the employee's position, the work location and the nature of the election involved. The PSC may also request specific details about the employee's job from the employee or from the employee's supervisor. As well, the PSC may ask the deputy head of the organization for input and require both the employee and the supervisor to answer questions in writing to attest to the truth of those answers. The Political Activities Regulations describe what must be included in a request for PSC permission.

4. How is candidacy in a municipal election treated differently?

There is no substantive difference between candidacy in a municipal election and candidacy in other elections at other levels of government. However, once an employee is elected at the municipal level, the PSC may authorize the employee to continue to work, impose leave without pay or decide if the employee must cease to be employed in the public service. This is different from a federal, provincial or territorial election, where an elected employee automatically ceases to be a public servant.

The new PSEA gives the PSC the discretion to decide when leave without pay must begin during the period in which the employee seeks nomination as a candidate or is a candidate before the election period, thus lessening the potential for financial hardship for the employee. Unlike federal, provincial or territorial elections, where a leave without pay is required for a candidate during an election period, such a leave remains at the discretion of the PSC for municipal election.

This means that if you, as a public servant, are elected to a municipal office, the PSC may authorize you to continue to work, impose leave without pay or decide if you must cease to be employed in the public service.  The PSC's decision will be based on such factors as your role in the public service, your visibility in your job, your degree of responsibility and the anticipated scope and nature of your activity as an elected official.

5. If I decide for certain that I want to run for elected office, what steps will I be required to take now to ensure that I comply with the letter and spirit of the new law?

Write to the Public Service Commission requesting permission to seek nomination or to become a candidate and advise your supervisor that you wish to seek nomination as a candidate. You can also communicate with the designated political activities representative in your organization if you require additional information.

6 Is there a specific format or form to be used when submitting a request for permission or leave of absence?

There is no form to be used. You can simply write a standard letter in the format of you choice with a copy to your supervisor. The PSC’s Political Activities Regulations describe the content of a request and the deadline for submission. You can also consult the PSC Web site for more details.

If your request is approved, the PSC will advise the deputy head of your organization.

7. Do elections for Indian Bands and school boards fall under the provisions of the PSEA?

No. Indian Bands and school boards are not considered a municipality for the purposes of the PSEA. These activities, would, however, be subject to the Values and Ethics Code for the Public Service.

8. When can I publicly announce my intention to seek the nomination?

Under the new PSEA, you may make such an announcement once you have obtained permission from the PSC to seek the nomination. In other words, you may do so after the PSC has advised you of its decision that your ability to perform your duties in a politically impartial manner will not be impaired or be perceived to be impaired if you seek nomination for political candidacy.

9. What should I do if, after receiving permission to seek nomination, I get a new job in the public service?

The PSC will examine your new role, visibility and responsibilities in a manner similar to the initial review. The PSC will then confirm to you and to your deputy head whether the initial permission stands.

10. Will my application for seeking nomination be treated in confidence by the PSC while my request is being reviewed and before I make a public announcement about my candidacy?

Yes.

11. Will it matter in which political party I am active? Will my affiliation with a particular party, once it becomes known, damage my career?

Your political affiliation is not a factor in assessing your request for permission to seek nomination or to be a candidate. The PSC will not ask you for this information. The new PSEA assures your right as a public servant to participate in political activities so long as they do not impair or are not perceived as impairing your ability to perform your duties in a politically impartial manner.

12. What if the PSC does not approve my request and I go ahead and seek nomination anyway?

You would be contravening the PSEA, which is an Act of Parliament.

In addition, anyone may make an allegation of improper political activity against federal public servants, and the PSC may investigate these allegations. A substantiated allegation may lead to corrective measures that could include dismissal. Disciplinary measures, up to and including dismissal, may also be imposed by departments with respect to unacceptable political activities, even if no allegation has been made.

13. If I lose my bid for election at one level of government, may I then proceed to try my luck as a candidate at another level in another election?

The new PSEA gives public servants the right to participate in any political activity, subject to the limitations in the legislation. Yes, you may make subsequent requests for permission to seek nomination at any level of government.

14. If I am in an acting assignment, which job should I report on when applying for permission?

You should report to the PSC on both jobs. The PSC will examine both sets of duties and give you and your deputy head its decision on both.

15. What do I do if, after seeking the nomination for a particular party in my riding, I lose the nomination? Do I simply go back to work the next day?

That is correct. The PSC has already approved your request to seek nomination. You may therefore go back to work the day following the nomination meeting because the PSC has already determined that your ability to perform your duties has not been impaired or was not perceived as having been impaired by your having sought nomination.

16. What if I am declared a candidate by my political party and I lose the election. Can I go back to work, whether or not I've been on leave of absence?

Yes, you may go back to work the day after the election if you don't get elected. The PSC has already approved your request to be a candidate. You may therefore go back to work the day following the election because the PSC has already determined that your ability to perform your duties has not been impaired or has not been perceived as having been impaired by your having been a candidate.

17. I feel that my job as a public servant is highly politically sensitive. Can I still seek nomination and become a candidate for a party?

Before you seek nomination or become a candidate, you must obtain permission from the PSC. If the PSC agrees that your job is "highly politically sensitive," as you assert, the PSC may refuse to grant its permission. Then, it will be up to you to find another position that may be seen as acceptable for the PSC to grant you its permission. If you still decide to run despite a refusal from the PSC, you may be subject to corrective action, which may include dismissal.

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IV. Investigations of Allegations of Improper Political Activities

1. How do I make an allegation of improper political activity?

An allegation should be made on the Allegation of Improper Political Activity Form (hyperlink) and filed with the Investigations Branch, Public Service Commission, Ottawa. An allegation must be submitted within 30 days after an election period, if the alleged contravention occurred during the election period, or if outside an election period, within 30 days after the person became aware of it, but not later than 1 year after the day on which the alleged contravention began.

2. Will the PSC investigate all allegations made?

No, the PSC has the discretion to investigate or not investigate an allegation. In deciding whether to investigate, the PSC will take into account such matters as whether the allegation was made within the proper time period; whether, if proven true, the facts alleged would constitute an improper political activity; whether the person against whom the allegation is made is still an employee in the public service; and whether the allegation is frivolous or vexatious.

3. How will an investigation be conducted?

The investigator may choose from a number of methodologies, the most common of which are fact-finding meetings, written submissions, telephone and video conferences, on site interviews or a combination, depending on the nature of the case. The method chosen will give an “opportunity to be heard” to the person making the allegation, the person against whom the allegation is made and any other interested parties, such as the department concerned.

"The opportunity to be heard" refers to the right of all interested parties to a fair and impartial investigation, the right to make and respond to submissions, and the right to be accompanied or represented during the investigation by a bargaining agent, legal counsel or any other person of their choosing. For more information, visit the Political Activities Investigations Web site.

4. The authority to terminate public service employment given rests with the deputy head of the organization. How can the PSC have the authority to terminate employment for improper political activities?

Under the Financial Administration Act (FAA), the deputy head has the authority to terminate employment for disciplinary matters and for reasons other than a breach of discipline (p. 11.(2) (f), (g)).

Under the PSEA, the PSC has a mandate to administer the provisions relating to political activities of employees and deputy heads. In doing so, it has expressly been granted the authority by Parliament to investigate allegations of improper political activity by an employee and, where the allegation is substantiated, to remedy the situation by taking any appropriate corrective action up to and including dismissal.

While the deputy head has the authority to terminate the employment of his/her employees in most instances, in the particular instance of a founded allegation of improper political activity by an employee, the PSC in administering the political activities provisions of the PSEA, has the authority to remedy the situation by taking corrective action up to and including dismissal. Thus there is no contradiction between the two Acts as they regulate different aspects of employment-related matters.

5. What types of corrective action can the PSC impose?

The Act provides that if an allegation is substantiated, the Commission may take appropriate corrective action up to and including dismissal. Corrective action is aimed at ensuring that employees perform their job in a politically impartial manner. In some cases this may not be possible, and the employee will have to be dismissed. However corrective action might include ordering an employee to stop the inappropriate activity, assigning the employee to another position with less visibility, etc.

If an allegation of improper political activity by a deputy head is substantiated, the Commission must report its conclusion to the Governor in Council, who may dismiss the deputy head.