Thinking about becoming a candidate in an election?

While the federal election is now behind us, many communities across Canada are gearing up for municipal elections in the upcoming months. Are you thinking about running in one of these elections? The Public Service Employment Act (PSEA) recognizes the right of public servants to engage in political activities, while maintaining the principle of political impartiality in the public service. However, you may only seek nomination as a candidate if you first request and obtain permission from the Public Service Commission, whether it is a federal, provincial, territorial or municipal election.

So, what should you do?

The first step is to submit a written request for permission. The PSC must receive your request at least 30 days (minimum) before you plan to become a candidate. A longer period may be required for more complex or sensitive situations. Your request should include:

• your position title
• a detailed description of the duties you perform, approved by your department
• the level of your position
• the location of your job
• an organizational chart
• the nature of the election involved, the electoral district and the position being sought
• the date by which you require a decision
• your contact information
• the PSC will advise if further information is required

There is no need to disclose what political party you plan to run for.

How does the PSC decide whether or not to grant permission to become a candidate or to seek nomination?

The PSC will only grant permission if it is satisfied that the applicant’s ability to perform his or her duties in a politically impartial manner will not be impaired or perceived to be impaired by their candidacy. The PSC considers a number of factors in making this decision. We look at factors such as the nature of the election and the nature of the applicant’s duties, as well as the level and visibility of the applicant’s position. Each decision is made on a case-by-case basis depending on the employee’s circumstances.

In one case, a draftsperson in a regional office requested permission to seek nomination for candidacy in a provincial election. The employee had no contact with the public and limited visibility. He did not manage a budget or supervise staff, nor did he manage contracts, hire consultants or disburse grants or contributions. On reviewing the request, the PSC determined that the applicant’s candidacy would not impair or be perceived to impair his ability to perform his duties in a politically impartial manner. The request was approved. When the applicant failed to win the nomination for candidacy, he was able to return to his job.

Not all cases are quite so clear cut. In reaching a decision, the PSC reviews all available information, including information that it has requested from the applicant’s department. The PSC provides a decision in writing as quickly as possible, and indicates the reasons for its decision. The PSC can also place conditions on the permission, such as the requirement that the applicant take leave without pay, if elected to municipal office.

In some cases, there is no other option but to deny a request. For example, in the case of a director general of communications the request would most probably be denied, due to the nature of the job and the high level and visibility of the position.

These are only examples. Each case is different — some are simple and some are more complex. All cases must be assessed individually.

Planning to run? — You may need leave without pay

If you are planning to run in a federal, provincial or territorial election, the PSEA requires that you must also request and obtain leave without pay for the election period. In the case of a municipal election, the PSEA gives the Public Service Commission the authority to determine whether it is necessary to take a leave of absence without pay, based on whether candidacy in the election would impair or be perceived to impair your ability to perform your duties in a politically impartial manner.

What happens if you are elected?

Once elected in a federal, provincial or territorial election, an individual ceases to be an employee of the public service. If elected municipally, the PSC may impose leave without pay, or may decide that he or she must cease to be employed in the public service.

The Public Service Employment Act upholds the rights of public servants to be politically active. At the same time, it emphasizes the importance of maintaining a non-partisan public service. The new approach to political activities strives to achieve this balance. For more information, visit the political activities section of the PSC Web site.

If you have questions or need more information, please contact your organizations’s designated political activities representative. Designates for political activities have been identified in each organization to act as a focal point for advice and assistance concerning political activities and to support the deputy head in the exercise of his or her responsibilities under Part 7 of the PSEA. A list of departmental representatives is available at www.psc-cfp.gc.ca/psea-lefp/political/political_contacts_e.htm.