The PSC currently has no role to play in this respect, in light of the 1991 Osborne Supreme Court decision, which struck down provisions prohibiting public servants from engaging in political activities, other than the provisions dealing with candidacy.

The Employer and the Office of Public Service Values and Ethics, which is part of the Public Service Human Resources Management Agency of Canada (PSHRMAC), provide guidance to departments regarding unacceptable political activities in the context of the Values and Ethics Code for the Public Service (the Code).

Under the New Regime...

The new legislation recognizes the rights of employees to engage in political activities, while maintaining the principle of political impartiality in the public service.

The PSC's approach in this regard is to provide guidance and a self-assessment tool to help make reasonable decisions with respect to employees' involvement in political activities.

The PSC has the authority to recommend regulations regarding unacceptable political activities, should it deem them it necessary.

The Code will continue to apply to those activities that do not fall within the definition of political activity.

Candidacy in an Election (sections 114 and 115)

Now...

The PSC's role is currently limited to granting leave without pay requests for candidacy in federal, provincial or territorial elections.

Under the New Regime...

An employee seeking nomination or wishing to be a candidate may only do so after receiving PSC permission to do so.

The PSC will be responsible for:

granting permission and leave for candidacy in federal, provincial, territorial and municipal elections; and,
determining whether successful candidates in municipal elections must take leave or cease to be employed in the public service.

Investigations of allegations of improper political activity (sections 118 -122)

Now...

The PSC's scope of investigations is currently limited to allegations from candidates or ex-candidates.

Under the New Regime...

Any person (or any candidate or ex-candidate in the case of deputy heads) may make an allegation of improper political activity by an employee.

The PSC may investigate any allegation and, if the allegation is substantiated, the PSC may dismiss the employee, or take appropriate corrective action (In the case of a deputy head, the PSC reports its conclusion to the Governor in Council, which may dismiss the deputy head).

Roles and Responsibilities

The Public Service Commission

The Public Service Commission (the PSC) is responsible for safeguarding the political impartiality of the federal public service, by exercising its authority regarding:

Federal public service employees' engagement in political activities (other than candidacy):
1. providing tools to assist employees and guidance/advice to organizations in the application/interpretation of the legislation and in making reasonable decisions as to whether a given political activity would be problematic;
2. monitoring and evaluating the matter over the years to build a database of cases and lessons learned; and
3. recommending regulations to the Governor in Council (GIC) regarding unacceptable political activities, should it deem them necessary, based on experience gained.
Seeking candidacy, by:
1. establishing related regulations, operating policy and procedures;
2. granting permission and/or leave without pay to employees who wish to seek candidacy, including setting any requirements for approval; and
3. monitoring to ensure candidacy requirements are met.
Investigations of allegations of improper political activity by:
1. developing regulations, policies, guidelines and procedures;
2. conducting investigations, as required; and
3. taking corrective action (or reporting to the GIC on deputy heads), and following up with organizations.
Educating, informing, providing advice, training and tools to stakeholders (i.e., departments and agencies, parliamentarians, the public), as required.
Maintaining list: organizational designated contacts.
Reporting (e.g., to Parliament, etc.); monitoring & evaluating; maintaining database; employee survey.

Supporting Tools and Mechanisms

Statutory provisions and regulations related to political activities, including candidacy and investigations;
Approach (framework) and tools: guidance, self-assessment tool, operational policies, FAQs, roles and responsibilities document (of stakeholders and within the PSC); periodical reminders; paragraph for letters of offer; input into orientation sessions; input in training modules of the CSPS; delivery of information sessions and workshops;
Organizational structure with the necessary resources to support the related roles and responsibilities (e.g., creation of a single point of contact, i.e., a one-stop shop and a 1-800 number; and of the Investigations Branch, etc.);
Internal procedures for dealing with requests for advice from organizations and for conducting investigations;
Departmental accountability mechanism/document;
Long-term evaluation mechanism, monitoring and trends analysis and feedback received from Web-based tool and other mechanisms, such as employee surveys, to allow for adjustment of policies, guidance, guidelines and regulations based on concrete evidence;
Working group within PSC and with PSHRMAC - Values and Ethics (to continue after implementation); and
Direction-giving & decision-making bodies: PSC partners (steering committee, to continue after implementation); bilateral process with PSHRMAC (Values and Ethics) and Commission (MOC & COM).

Departments and agencies to whom Part 7 of the PSEA applies are responsible for:

providing politically impartial services to Canadians;
designating a contact person within their organization for political activities (e.g., HR advisor or other);
keeping their employees informed about the new political provisions (issuing periodical reminders);
informing/training their managers and employees;
providing input to the PSC, when required, in a timely manner regarding the employee's duties and any sensitive aspects of the work;
providing assistance to the PSC in the conduct of its investigations;
implementing corrective measures prescribed by the PSC when an allegation is founded; demonstrating they were taken;
seeking guidance from the PSC, when applicable;
ensuring any requirements imposed regarding a request are respected, e.g., "cooling-off" period;
reporting to the PSC (in context of accountability);
providing assistance/advice to employees seeking clarification as to the application of the new regime to their specific circumstances (federal public service employees' engagement in political activities);
ensuring employees respect the legislative requirements related to seeking candidacy and submit requests in accordance with applicable policy;
including module in organizational orientation sessions on political activities and creating links with PSC Web site;
looking into situations of inappropriate involvement of their employees and taking disciplinary measures, where applicable; e.g., the Employer and deputy heads have personnel management rights in this regard as defined in the Financial Administration Act, which means that they can take disciplinary measures when appropriate even in the absence of an allegation; and
Including paragraph about political activities in letters of offer.

Supporting Tools and Mechanisms

The organizations' Designated Representative will receive:
- A tool kit, which will include:
  - statutory provisions;
  - Frequently Asked Questions (FAQs);
  - PSC Web site address;
  - Guidance and a self-assessment tool to assist them in guiding their employees as to federal public service employees' engagement in political activities (same as employee tool);
  - regulations, policies, guidelines, procedures related to candidacy and investigations;
  - employee brochure/document;
  - model letters 1) for periodical reminders about employee rights and obligations to be issued by their organization, 2) for reminders, and 3) for elections (jointly with Values and Ethics).
  - a paragraph for inclusion in their letters of offer; and
  - input for inclusion in their organizational orientation sessions (joint document with Office of the Public Service Values and Ethics);
- They will also have access to a designated telephone number at the PSC for advice, as required (possibly via a one-stop shop);
- In addition, they will be informed and trained through an information session and workshop module at "roll-out" and on a periodical/as required basis, thereafter; e.g., possibly annually or when a federal election is called.
Managers and Executives will:
- be briefed and informed of their responsibilities by their organizations' Designated Representative (information session DECK provided to the Designated Representative by the PSC);
- have access to that Designated Representative for advice; abd
- also be made aware of their responsibilities and receive training from the CSPS in the context of labour relations courses they are offering, where appropriate.

Employees are responsible for:

respecting the legislative requirements, regulations and policies related to candidacy;
examining their own specific circumstances in order to make reasonable decisions as to whether or not they can engage in a given political activity;
seeking advice from their manager and/or head of human resources (or the Designated Representative with their organization), when in doubt.; and
They should also be aware that the Employer and deputy heads have personnel management rights in this regard as defined in the Financial Administration Act, which means that they can look into situations of inappropriate involvement of their employees in political activities and take disciplinary measures, where applicable.

Supporting Tools and Mechanisms

Employee brochure, which will inform them about the new regime (including federal public service employees' engagement in political activities);
Web-based self-assessment tool, which will assist them in making reasonable decisions as to whether a given political activity would impair or could be perceived as impairing their ability to perform their duties in a politically impartial manner (this will be part of overall Web site);
Will have access to their managers, head of HR or their organization's Designated Representative;
Will receive periodical reminders from their organizations of their rights and obligations (This is part of the overarching tools: PSC will provide sample letters for reminders and for elections); and
New employees will receive information on political activities through their letters of offer (one paragraph) and their orientation sessions.

Office of Public Service Values and Ethics (PSHRMAC) will:

continue to play a role in the context of the Values and Ethics Code for the Public Service, as it applies to activities that do not fall within the definition of "political activity" under the new PSEA;
need to make links to PSC Web site (and vice versa);
provide input into joint products, i.e., orientation sessions, Canada School of Public Service (CSPS) courses, reminder letters, etc.;
participate in aspects of communications, learning and education related to political activities; and
participate on an ongoing basis with the PSC to ensure, to the greatest extent possible, the provision of coherent and seamless advice, guidance, support and direction to employees and departments/organizations in respect to areas of common interest and distinct responsibilities to help them make reasonable decisions with respect to political activities.

Supporting Tools and Mechanisms

Statutory provisions, regulations, products, communications strategy, information sessions, etc.

Unions

Supporting Tools and Mechanisms

Will have access to products, tools (Web site) and information sessions.

Parliamentarians

Supporting Tools and Mechanisms

Will possibly be invited to technical briefings; will have access to a tool kit, with legislation, regulations and, guidelines to assist their constituents, and access to a comprehensive Web site

The public

Supporting Tools and Mechanisms

Web site, which will include a one-pager; and
Access to a designated telephone number at the PSC for advice, as required (possibly via a one-stop shop or 1-800 number).

Previous Page | Table of Contents | Next Page


		Top of Page

Updated: 2006-01-25

Important Notices