Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

Act current to 2017-11-06 and last amended on 2017-09-21. Previous Versions

Purpose of Part

Marginal note:Purpose

 The purpose of this Part is to recognize the right of employees to engage in political activities while maintaining the principle of political impartiality in the public service.

Employees

Marginal note:Permitted activities
  •  (1) An employee may engage in any political activity so long as it does not impair, or is not perceived as impairing, the employee’s ability to perform his or her duties in a politically impartial manner.

  • Marginal note:Regulations

    (2) The Governor in Council may, on the recommendation of the Commission, make regulations specifying political activities that are deemed to impair the ability of an employee, or any class of employees, to perform their duties in a politically impartial manner.

  • Marginal note:Factors

    (3) In making regulations, the Governor in Council may take into consideration factors such as the nature of the political activity and the nature of the duties of an employee or class of employees and the level and visibility of their positions.

Marginal note:Seeking candidacy
  •  (1) An employee may seek nomination as a candidate in a federal, provincial or territorial election before or during the election period only if the employee has requested and obtained permission from the Commission to do so.

  • Marginal note:Being a candidate before election period

    (2) An employee may, before the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained permission from the Commission to do so.

  • Marginal note:Being a candidate during election period

    (3) 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.

  • Marginal note:Granting of permission

    (4) The Commission may grant permission for the purpose of subsection (1) or (2) 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.

  • Marginal note:Granting of leave

    (5) The Commission may grant leave for the purpose of subsection (3) 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.

  • Marginal note:Factors

    (6) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, 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.

  • Marginal note:Conditions

    (7) The Commission may make permission under subsection (4) conditional on the employee taking a leave of absence without pay for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be.

  • Marginal note:Effect of election

    (8) An employee ceases to be an employee on the day he or she is declared elected in a federal, provincial or territorial election.

Marginal note:Candidacy in municipal elections
  •  (1) An employee may seek nomination as, or be, a candidate in a municipal election before or during the election period, only if the employee has requested and obtained permission from the Commission to do so.

  • Marginal note:Granting of permission

    (2) The Commission may grant permission only if it is satisfied that seeking nomination as, or being, a candidate in the election will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner.

  • Marginal note:Factors

    (3) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, 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.

  • Marginal note:Conditions

    (4) The Commission may make permission under this section conditional on

    • (a) the employee taking a leave of absence without pay

      • (i) for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be, or

      • (ii) for the period in which he or she is a candidate during the election period; and

    • (b) the employee taking a leave of absence without pay or ceasing to be an employee if he or she is declared elected.

Marginal note:Notice

 On granting an employee permission under subsection 114(4), leave under subsection 114(5) or permission under subsection 115(2), the Commission shall cause notice that it has done so, together with the name of that employee, to be published in the Canada Gazette.

Deputy Heads

Marginal note:Political activities

 A deputy head shall not engage in any political activity other than voting in an election.

Allegations

Marginal note:Investigation and corrective action — employees

 The Commission may investigate any allegation, in accordance with the regulations, that an employee has failed to comply with any of subsections 113(1), 114(1) to (3) and 115(1) and, if it concludes that the allegation is substantiated, may dismiss the employee or may take any corrective action that it considers appropriate.

Marginal note:Investigation and dismissal — deputy head
  •  (1) 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 and, 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.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of any deputy head whose removal from office is expressly provided for by this or any other Act, otherwise than by termination of his or her appointment at pleasure.

Marginal note:Powers under Inquiries Act

 In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act.

Marginal note:Persons acting for Commission
  •  (1) The Commission may direct that any investigation under this Part be conducted, in whole or in part, by one or more Commissioners or other persons.

  • Marginal note:Powers of Commissioner

    (2) A Commissioner directed under subsection (1) has the powers referred to in section 120 in relation to the matter before the Commissioner.

  • Marginal note:Powers of other person

    (3) Subject to any limitations specified by the Commission, a person directed under subsection (1), other than a Commissioner, has the powers referred to in section 120 in relation to the matter before the person.

Marginal note:Right to be heard

 A person making an allegation under section 118 or 119 and the employee or deputy head against whom it is made — or their representatives — are entitled to be heard by the Commission, Commissioner or other person, whichever is conducting the investigation.

PART 8General

Application of Act

Marginal note:Regulations of Governor in Council
  •  (1) The Governor in Council may, notwithstanding any other Act, make regulations applying to any organization or any part of any organization all or any of the provisions of this Act that do not otherwise apply to it.

  • Marginal note:Application of other Acts

    (2) A regulation made under subsection (1) prevails over the provisions of any other Act or regulations made under any other Act respecting the same matter.

Marginal note:Application of regulations

 A regulation made by the Commission, the Treasury Board or the Governor in Council under this Act may be of general application or may apply to a specified person, position, occupational group, organization or part of an organization, or any class of them, or in respect of a specified process or any class of process.

Head of Public Service

Marginal note:Appointment by Governor in Council

 The Governor in Council may appoint and fix the remuneration of the Clerk of the Privy Council and Secretary to the Cabinet.

 
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