Guidance Document

(for employees, managers and organizational designated individuals)

Federal employees' involvement in political activities

This document is designed to provide guidance in the context of political activities other than those related to candidacy. For more information on how to obtain the approval of the Public Service Commission (PSC) to seek nomination or to be a candidate, please consult the Regulations on Candidacy and the PSC Operational Policy on Candidacy.

The Canadian Charter of Rights and Freedoms provides all Canadians with "freedom of thought, belief, opinion and expression" and any restriction should be "only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society".

Your important right to engage in any political activity at the federal, provincial, territorial or municipal level is embodied in the new Public Service Employment Act (PSEA). The Act also cites the need to maintain the political impartiality of 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 political rights as a federal public service employee must, therefore, be examined in light of the need to maintain a politically impartial public service. The principle of political impartiality of the public service is a fundamental value that ensures that Canadians benefit from non-partisan delivery of services.

What is 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.

A "political party" is an organization that presents candidates with the intent of their being elected in a federal, provincial, territorial or municipal election.

While you are free to engage in political activities, these political activities must be examined on a case-by-case basis to assess whether or not the activity would impair or be perceived by others as impairing your ability to perform your duties in a politically impartial manner in light of your specific circumstances.

It is important to know that anyone may put forward an allegation of improper political activity against federal public servants, and the PSC may investigate these allegations. A founded allegation may lead to corrective measures, which could include dismissal. Departments may also impose disciplinary measures with respect to unacceptable political activities, even if no allegation has been made.

It should be noted that activities that do not fit the above definition 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 PSEA. For example, speaking out in the media against the federal government or against a federal policy, would not be a political activity as defined in the PSEA. It may, however, in certain circumstances, be problematic under the Code, as it may give rise to a real, apparent or potential conflict of interest or because of the duty of loyalty you owe to your employer.

Examples of a political activity

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.

1. joining a political party;
2. contributing funds to a political party, organization or candidate or attending political fund-raising functions;
3. attending political party events, e.g., meetings, conventions, rallies, fund-raising functions, or other political gatherings;
4. 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;
5. 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;
   • expressing personal views or opinions on public issues, thereby directing attention to themselves, or their position;
6. developing promotional material for a political party or candidate, e.g. writing campaign speeches, slogans, pamphlets for candidates in partisan elections;
7. signing nomination petitions and/or the official nomination paper of a candidate;
8. distributing campaign literature in political elections;
9. seeking the public's views on specific issues on behalf of a political party or candidate;
10. recruiting volunteers for a political party or candidate;
11. soliciting funds for a political party or candidate;
12. attending, as a delegate, a political leadership convention;
13. seeking to be elected as a delegate to a political leadership convention;
14. being a member of an official group promoting a candidate or political party (e.g., president of a riding, president of the youth association, etc.);
15. seeking nomination in a federal, provincial, territorial or municipal election; (note that separate rules, which are not covered in this tool, apply to this activity); and/or
16. being a candidate in a federal, provincial, territorial or municipal election; (note that separate rules, which are not covered in this tool, apply to this activity).

What mechanisms are available to help you assess whether or not the political activity you wish to engage in may be problematic?

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

The tool consists of general information and examples of political activities, followed by a brief series of questions relevant to your situation, to be answered on a scale of 1 to 5. At the end of the questionnaire you will be able to view, print and save your answers and get a sense of whether or not the activity in question could be problematic.

This tool should not, however, be seen as the only mechanism for making this decision. Should you require further advice, you are encouraged to discuss your specific circumstances with your head of human resources or the departmental representative identified in your organization. You may also wish to consult a colleague or another individual who is familiar with your duties to validate the objectivity of your answers once you have completed the questionnaire.

What factors should an employee consider in assessing whether or not the political activity he/she wishes to engage in is problematic?

When considering whether engaging in a specific activity might be problematic, you should consider the factors below in light of the given political activity and your own specific circumstances. It is important to note that the impact of a single factor may be sufficient to conclude that an activity is unacceptable.

1. The nature of the political activity you wish to engage in, e.g.,:

• the level of the political activity you wish to engage in (e.g.: federal, provincial, territorial or municipal level)
  
  This information is important because your involvement in a political activity at the municipal level may be less likely to be perceived by others as affecting your ability to perform your duties in a politically impartial manner, as political activities associated with small municipalities are not usually tied to political parties but could have such associations in larger communities. As such, this does not mean that political activities at the municipal level are necessarily less problematic than political activities at other levels.
  
  Municipality means a regional municipality, city, town, village, rural municipality, township, county, district or other municipality or any other authority the Governor in Council may determine.

• The degree of visibility of the activity (i.e., the extent to which the activity will draw attention to you and your position)
  
  This information is important because the risk that an activity may be perceived by others as impairing your ability to perform your duties in a politically impartial manner increases with the activity's visibility and links to the position you occupy. Keep in mind that the degree of visibility of the political activity you wish to engage in and its links to the position you occupy may increase if you are in a region or in an isolated community.

2. The nature of your duties

The nature of your duties is important because the greater your influence or contact with others -- i.e., subordinates, the public, politicians or political staff -- the more likely it is that the activity could impair, or be perceived by others as impairing, your ability to perform your duties in a politically impartial manner.

You should consider:

• the type of decisions you make;
• how these decisions affect or influence others (e.g., the public, your subordinates, your colleagues, management, Minister(s) and/or their staff, etc.):
  • your involvement in the final say in these decisions;
  • the type of involvement you have in policy development;
  • whether or not you have a managerial or supervisory responsibility;
• the extent and nature of contact you have, if any, with Ministers and/or their staff.

3. The level and visibility of your position

The level of your position is important because the higher you are in the hierarchy the more likely it is that your political activities will be perceived as impairing your ability to perform your duties in a politically impartial manner.

The visibility of your position is also important because it may be easier for others to associate you with the position you occupy. You should keep in mind that in regions or isolated communities you may be more visible, regardless of the level you occupy, in light of the fact that employees in these areas may be more easily associated with their positions.

Examples of political activities assessed against these factors:

Example 1: Displaying political material, e.g., wearing a political button, putting up a political poster, etc.

The activity may not be problematic if:

• you have no face-to-face contact with the public and/or you do not supervise anyone.

It may, however, be problematic if:

• you deal with the public face-to-face, e.g., you work at an employment centre counter, at a passport office counter or at customs office check point.
  
  Why this could be problematic: given "the visibility of the political activity and the visibility of your position," members of the public may feel that your displaying political material could mean that they are not being served in a politically impartial manner.

• you supervise others.
  
  Why this could be problematic: depending on the visibility of the political activity you wish to engage in and your supervisory role, the activity may be perceived by your subordinates as impairing your ability to perform your duties in a politically impartial manner. They may perceive you as showing favouritism to employees who share your political affiliation, while others who share different political affiliations may feel that they are being, or could expect to be, treated unfairly. They may also feel that you are attempting to influence the way they should vote.

Example 2: Attending a meeting of a particular political party

The activity may not be problematic for:

• most employees who cannot be easily identified with their position.
  
  Why it may not be problematic: given that the activity is not very visible and does not draw attention to your position, for most employees, the risk that the activity would be perceived as impairing their ability to perform their duties in a politically impartial manner is low.

The activity may, however, be problematic if:

• you are an employee who could easily be linked to your position, e.g.,
• your duties require you to wear a uniform and you decide to attend the meeting while in uniform;
• you intend to drive a government-owned vehicle (which can easily be identified as such) to the meeting;
• you recently appeared in media reports in the context of your duties and, as a result, the public could associate you with your position;
• you reside in a small community and want to attend a political meeting in your community where you may be easily linked to your position; or
• you want to speak publicly at an all-candidates' meeting and, as a result, draw attention to yourself and your position.

Why this could be problematic: based on "the nature of the activity, i.e. its visibility" or "the nature of your duties or the visibility of your position," the risk of being perceived as engaging in a political activity that could impair your ability to perform your duties in a politically impartial manner is increased.

Example 3: Soliciting or discouraging business with your organization on the basis of your affiliation with any political candidate or party (e.g., issuing contracts only to those with similar political affiliation or refusing contracts based on different political affiliation)

This activity is problematic.

Why this is problematic: these political activities impair, and will be perceived by others as impairing, your ability to perform your duties in a politically impartial manner.

For further information you may wish to consult Frequently Asked Questions.

Does this legislation apply to you?

This legislation applies to all employees of organizations of the federal public service to which the new PSEA applies (list to be prepared).

It also applies to employees of additional agencies to whom the political activities provisions of the PSEA apply, i.e.:

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

This includes part-time employees and students.

While this part of the legislation does not apply to casual employees, they remain subject to the Values and Ethics Code for the Public Service and should assess their political activities in accordance with the requirements outlined therein.

Should you not fall within these categories, you are encouraged to consult with your head of human resources to determine the applicable rules or the expected behaviour within your organization.

Deputy heads cannot engage in any political activity other than voting.

What complaints/recourse mechanisms are available?

If you do not agree with limitations imposed on your right to engage in a political activity, you can grieve the decision. Such complaints would not fall within the jurisdiction of the Public Service Staffing Tribunal. Should management impose disciplinary measures involving a financial penalty or termination of employment for failure to respect limitations set by the manager, a grievance would be subject to adjudication by the Public Service Labour Relations Board.

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

While the PSC is responsible for safeguarding the political impartiality of the public service and for providing guidance and advice to public servants, departments and agencies also have an important role to play. For example, deputy heads or their designates are responsible for:

• informing their employees and keeping them informed of the implications and application of the new legislation;
• providing assistance/advice to employees seeking clarification about their involvement in political activities, as it pertains to their specific circumstances; and
• looking into situations of inappropriate involvement of their employees in political activities and taking disciplinary measures, where applicable, in instances that have not been brought to the PSC.

In addition, deputy heads or their designates will continue to have a role to play 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.

Employees are responsible for examining their specific circumstances in order to determine whether or not they can engage in a given political activity, and for seeking advice from their manager, head of human resources or their organization's designated representative when in doubt.

It should also be noted that the Employer and deputy heads have personnel management rights in this regard as defined in the Financial Administration Act. For instance, they can look into situations of inappropriate involvement of their employees in political activities and take disciplinary measures, where applicable.