Requesting Permission or Leave to be a Political Candidate

1. Procedure for Requesting Permission or Leave
2. The Commission's Approval
3. Factors
4. The Commission's Authority to Investigate
5. Contact Information

• Annex 1 - Candidacy in Elections
• Annex 2 - Upcoming Elections
• Annex 3 - Permission Request Flowchart
• Annex 4 - Employees who have received permission from the Commission since December 31, 2005

1. Procedure for Requesting Permission or Leave

Since December 31, 2005, the Public Service Commission (PSC) has an enhanced role in overseeing the political impartiality of the federal public service. One of the PSC's responsibilities is to grant permission and leave for candidacy in federal, provincial, territorial and municipal elections. (For more information on all of the PSC's roles with regard to political activities, please see the Political Activities Overview.)

Of importance, an employee may seek nomination as, or be, a candidate in a federal, provincial, territorial or municipal election before or during the election period, only if the employee has requested and obtained permission from the Commission to do so. This legal requirement is provided for under subsections 114(1) and 115(1) of the Public Service Employment Act (PSEA).

In addition, an employee may, during the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained a leave of absence without pay from the Commission.

As for municipal elections, an employee may be a candidate during the election period only if the employee has requested and obtained permission from the Commission to do so. (see Annex 1 for more details).

In order to request permission or leave from the PSC, an employee must:

• fax at (613) 992-5430 or send the written request for permission or leave to:
  
  Director General
  Delegation Directorate
  Public Service Commission
  L'Esplanade Laurier, West Tower
  300 Laurier Ave. West
  Ottawa , Ontario K1A 0M7
• provide the following information :
  1. the applicant's home address, phone number and email;
  2. the applicant's position title;
  3. an organizational chart;
  4. a detailed, up to date non generic description of the applicant's duties, approved by the organization that employs the applicant;
  5. the level of the applicant's position and the number of reporting levels between the applicant’s position and the deputy head;
  6. the location of the applicant's place of work;
  7. the applicant’s manager’s name, title and phone number;
  8. the nature of the election involved (federal, provincial, territorial or municipal) and the electoral district for which the applicant is seeking nomination, if applicable;
  9. the type of elective position sought (i.e. city councillor vs. mayor) and whether it is a full time or a part time occupation/commitment;
  10. the name and phone number of a contact person at the city hall;
  11. the job description for a new position should be submitted as quickly as possible should the employee’s job functions change at any time as this will have an impact on the Commission’s assessment of his or her request; and
  12. the date by which the applicant requires a decision from the Commission.

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2. The Commission's Approval

Employees must have received Commission permission prior to any activity or announcement related to their candidacy.  Requests for permission to be a candidate must be submitted to the Commission no later than 30 days (minimum) before the date by which the employee would need a decision from the Commission.  However, a longer period may be required for more complex or sensitive situations.

The Commission may grant permission only if it is satisfied that the employee’s ability to perform his or her duties in a politically impartial manner will not be impaired or perceived to be impaired. Also, the Commission may grant leave only if it is satisfied that being a candidate during the election period will not impair or be perceived as impairing the employee's ability to perform his or her duties in a politically impartial manner as a result of having been a candidate.

If permission is granted, the employee must accept in writing and respect the conditions imposed by the Commission.  A notice will be published in the Canada Gazette to advise of the Commission’s decision.

• Annex 3 - Permission Request Flowchart

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3. Factors

In making its decision, the Commission may take into consideration factors such as the nature of the election, the nature of the employee's duties and the level and visibility of the employee's position.

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4. The Commission's Authority to Investigate

The Commission may investigate any allegation, in accordance with the regulations, that an employee has engaged in improper political activities and, if it concludes that the allegation is substantiated, may dismiss the employee or may take any corrective action that it considers appropriate.

The Commission may investigate any allegation, made to it by a person who is or has been a candidate in an election, that a deputy head has contravened section 117 of the PSEA. If it concludes that the allegation is substantiated, the Commission shall report its conclusion to the Governor in Council and the Governor in Council may dismiss the deputy head.

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5. Contact Information

For further information on requests for permission and applications for leave to be a candidate or to obtain an alternate format of this fact sheet, contact:

• A PSC Political Activities Advisor at 1-866-707-7152 or by email at pa-ap@psc-cfp.gc.ca.
• your Department or Agency Contact