Vol. 139, No. 40 — October 1, 2005

Investigation of Allegations of Improper Political Activities Regulations

Statutory authority

Public Service Employment Act

Sponsoring agency

Public Service Commission

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

In November 2003, Parliament passed the Public Service Modernization Act. As part of that statute, the new Public Service Employment Act was enacted, and it is anticipated to 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. Section 118 of the Act authorizes the Commission to investigate an allegation, in accordance with the regulations, that an employee 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.

Alternatives

No other alternatives were considered given that this regulatory authority is provided for in the legislation.

Benefits and costs

These Regulations will contribute to maintaining a politically impartial federal public service which will benefit Canadian society.

Consultation

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 the topic. The Public Service Commission also consulted with 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.

Compliance and enforcement

Through its Policy Branch and its Audit Branch, the Public Service Commission monitors and audits the application of these Regulations.

Contact

Helen Barkley, Policy Specialist, Public Service Commission, L'Esplanade Laurier Building, West Tower, 300 Laurier Avenue W, Ottawa, Ontario K1A 0M7, (613) 996-9653 (telephone), (613) 943-2481 (fax), Helen.Barkley@psc-cfp.gc.ca (email).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Public Service Commission, pursuant to section 22 of the Public Service Employment Act (see footnote a), proposes to make the annexed Investigation of Allegations of Improper Political Activities Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Helen Barkley, Policy Specialist, Public Service Commission, 300 Laurier Avenue West — West Tower, Ottawa, Ontario K1A 0M7 (Tel: (613) 996-9653; Fax: (613) 943-2481; e-mail: Helen.Barkley@psc-cfp.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, September 21, 2005

MARIA BARRADOS
President of the Public Service Commission

INVESTIGATION OF ALLEGATIONS OF IMPROPER
POLITICAL ACTIVITIES REGULATIONS

INTERPRETATION

1. In these Regulations, "Act" means the Public Service Employment Act.

APPLICATION

2. These Regulations apply in respect of investigations under sections 118 and 119 of the Act.

FORMAT OF ALLEGATION

3. (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.

TIME FRAME FOR SUBMITTING ALLEGATIONS

4. (1) An allegation must be submitted to the Commission

(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 activity 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.

INVESTIGATION

5. 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.

6. 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.

7. 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.

8. 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, if there is reason to believe that the deputy head has contravened of section 117 of the Act.

9. (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, that 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.

DISCLOSURE OF INFORMATION

10. 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

(a) promote political impartiality in the public service;

(b) promote accountability;

(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.

11. The Commission may direct that any personal information obtained in the course of the investigation of an allegation be used only for the purposes of the investigation if the disclosure of that information could be reasonably expected to cause serious personal harm, including but not limited to harm to reputation, to the person to whom the information relates.

COMING INTO FORCE

12. 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.

SCHEDULE
(Subsection 3(1))

ALLEGATION OF IMPROPER POLITICAL ACTIVITY

Name of the person making the allegation: ____________

Address: ____________

E-mail address: ____________

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

Organization in which that employee or
deputy head is employed: ____________

Address: ____________

Section of the Act contravened (check one): ____________

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): ____________

[40-1-o]

Footnote a

S.C. 2003, c. 22, ss. 12 and 13

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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