Canada Gazette

The Public Service Commission, pursuant to section 22 of the Public Service Employment Act (see footnote a), hereby makes the annexed Political Activities Regulations.

2. A request for permission from the Commission to seek nomination as a candidate, referred to in subsection 114(1) or (2) or section 115 of the Act, or a request for leave of absence without pay, referred to in subsection 114(3) of the Act, shall be in writing and include

(b) a detailed description of the applicant's duties, approved by the organization that employs the applicant;

(e) the nature of the election involved and the electoral district for which the applicant is seeking nomination, if applicable; and

3. (1) A request for permission from the Commission to seek nomination as a candidate, referred to in subsection 114(1) or (2) or section 115 of the Act, or a request for leave of absence without pay, referred to in subsection 114(3) of the Act, must be submitted to the Commission no later than 30 days before the date by which the applicant requires a decision from the Commission.

(2) For the purposes of subsection (1), a request is deemed to have been submitted on the day that is,

(i) the date of the postmark or the date of the postage meter impression authorized by the Canada Post Corporation, or

(ii) if both the postmark and the postage meter impression appear on the envelope, the date of the later of them;

(b) if the request is delivered by hand or by courier service, the date it is delivered; and

(3) Failure to make a request before the deadline set out in subsection (1) does not prevent the Commission from considering the request on receipt of the information referred to in section 2, if the delay is due to circumstances beyond the control of the applicant and if the time requested is sufficient for the Commission to consider the request.

4. In making a decision pursuant to sections 114 and 115 of the Act, the Commission shall review and analyze any information or document received from the applicant as well as any other information or document requested from the applicant or the organization that employs the applicant required to assess the request.

5. The Commission shall render its decision to the employee and deputy head as expeditiously as possible in writing, including reasons for the decision and identifying any applicable conditions.

6. This Part applies in respect of investigations under sections 118 and 119 of the Act.

7. (1) An allegation that an employee has failed to comply with any of subsections 113(1), 114(1) to (3) and 115(1) of the Act or that a deputy head has contravened section 117 of the Act may be made by submitting the allegation to the Commission in the form set out in the schedule.

(2) Failure to comply with subsection (1) does not prevent the Commission from investigating an allegation if it is in the public interest to do so.

(a) in the case of an alleged contravention that began during an election period, within 30 days after the day on which the election period ended; or

(b) in the case of an alleged contravention that began outside an election period, within 30 days after the day on which the person making the allegation became aware of the alleged contravention but no later than one year after the day on which the contravention began.

(2) Failure to make an allegation within the time frame prescribed in subsection (1) does not prevent the Commission from investigating the allegation if the political activity alleged to be improper would impair or be perceived as impairing the ability of the employee or deputy head against whom the allegation is made to perform their duties in a politically impartial manner.

9. If the Commission decides to investigate an allegation, it shall inform the person who made the allegation and

(a) in the case of an allegation against an employee, the employee and the deputy head of the organization that employs the employee; and

(b) in the case of an allegation against a deputy head, the deputy head and the Clerk of the Privy Council.

10. If the Commission decides not to investigate an allegation, it shall inform the person who made the allegation of its decision and the reasons for it.

11. If the Commission decides to investigate an allegation, the Commission shall inform both the person who made the allegation and the employee or deputy head against whom the allegation is made that they may be heard and shall inform them as to whether submissions are to be made orally or in writing.

12. The withdrawal of an allegation by the person making it does not prevent the Commission from continuing its investigation if

(a) in the case of an allegation against an employee, the political activity alleged to be improper could impair or be perceived as impairing the ability of that employee to perform their duties in a politically impartial manner; and

(b) in the case of an allegation against a deputy head, there is reason to believe that the deputy head has contravened section 117 of the Act.

13. (1) If an allegation is made against an employee, the Commission shall, in writing with reasons for its decision, inform the person who made the allegation, the employee and the deputy head of the organization that employs that employee as to whether the allegation is substantiated and of any corrective action that the Commission considers appropriate to be taken or of its decision to dismiss the employee.

(2) If an allegation is made against a deputy head, the Commission shall, in writing with reasons for its decision, inform the person who made the allegation, that deputy head and the Clerk of the Privy Council as to whether the allegation is substantiated.

14. (1) The Commission may disclose personal information obtained in the conduct of an investigation under section 118 or 119 of the Act if the disclosure would

(c) ensure that action is taken to correct improper political activity on the part of employees or deputy heads or prevent the recurrence of such activity; or

(d) encourage the adoption or continuance of proper practices regarding political activity on the part of employees or deputy heads.

(2) Prior to a disclosure under subsection (1) that could infringe privacy interests, the Commission shall consider whether the public interest in disclosure outweighs those privacy interests.

15. These Regulations come into force on the day on which section 12 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003, comes into force.

Name of the employee or deputy head against whom the
allegation is made: _____________________________________________

s. 113(1) An employee engaged in a political activity that impaired the employee's ability to perform his or her duties in a politically impartial manner.

s. 114(1) An employee sought nomination as a candidate in a federal, provincial or territorial election without obtaining permission from the Public Service Commission.

s. 114(2) An employee was a candidate in a federal, provincial or territorial election without obtaining permission from the Public Service Commission before the election period.

s. 114(3) An employee was a candidate in a federal, provincial or territorial election during an election period but did not obtain a leave of absence without pay from the Public Service Commission.

s. 115(1) An employee sought nomination or was a candidate in a municipal election without obtaining permission from the Public Service Commission.

s. 117 A deputy head engaged in a political activity other than voting in an election.

Description of alleged contravention (please provide as much detail as possible):

The new Public Service Employment Act will come into force in December 2005. Part 7 of the Act establishes a new regime governing the political activities of public servants that balances their right to engage in those activities while maintaining the principle of political impartiality in the public service. Sections 114 and 115 charge the Public Service Commission (PSC) with the granting of permission and leave without pay to employees who wish to become candidates in federal, provincial, territorial or municipal elections. The PSC must be satisfied that becoming or being a candidate will not impair or be perceived as impairing the employee's ability to perform their duties in a politically impartial manner. The first part of these Regulations set out the process for receiving permission to be a candidate in an election and outline the content of the request, the time limits for receiving a request,the analysis of a request and on how the PSC will communicate its decisions.

The second part of the Regulations concern investigations conducted under sections 118 and 119 of the Act, which authorize the Commission to investigate an allegation that an employee or a deputy head has failed to comply with the political activities provisions. The Act authorizes the Commission to make regulations prescribing the manner in which and the period within which allegations are to be made, and the manner in which investigations are to be conducted under Part 7, as well as regulations respecting the disclosure of information obtained in the course of an investigation under the Act.

These Regulations contain provisions regarding the manner in which a person may make an allegation (a form is prescribed), the time limit in which to make an allegation, provisions regarding notification of the investigation and the results of the investigation to interested parties, how parties will exercise their right to be heard, and public disclosure of information obtained by the Commission in order to promote the political impartiality of the public service.

There are no alternatives to the Regulations. With respect to investigations, the Act requires they be carried out in accordance with regulations.

These Regulations will contribute to maintaining a politically impartial federal public service which will benefit Canadian society. They promote fairness and transparency in requests for permission to be a candidate in an election and in Commission investigations into allegations of improper political activity.

A series of structured interviews were held with individuals with various backgrounds in public administration, politics, civil liberties, human resources management and law to bring their differing perspectives to bear on this topic. The PSC also consulted with stakeholders such as departments, agencies, federal councils, unions and the Association of Professional Executives of the Public Service of Canada (APEX).

Organizations consulted were supportive of the approach taken and the time frame for receipt of allegations. There was general agreement that investigations should be conducted as expeditiously as possible.

Through its Policy Branch and its Audit Branch, the PSC monitors and audits the application of these Regulations.

Helen Barkley
Policy Specialist
Public Service Commission of Canada
L'Esplanade Laurier, West Tower
300 Laurier Avenue West
Ottawa, Ontario
K1A 0M7
Telephone: (613) 996-9653
FAX: (613) 943-2481
E-mail: Helen.Barkley@psc-cfp.gc.ca