Political Activities Regulations (SOR/2005-373)

Regulations are current to 2012-05-14

Political Activities Regulations

SOR/2005-373

PUBLIC SERVICE EMPLOYMENT ACT

Registration 2005-11-22

Political Activities Regulations

The Public Service Commission, pursuant to section 22 of the Public Service Employment ActFootnote a, hereby makes the annexed Political Activities Regulations.

November 18, 2005

INTERPRETATION

 In these Regulations, “Act” means the Public Service Employment Act.

PART 1

CANDIDACY

Content of a Request

 A request for permission from the Commission to seek nomination as a candidate, referred to in subsection 114(1) or (2) or section 115 of the Act, or a request for leave of absence without pay, referred to in subsection 114(3) of the Act, shall be in writing and include

  • (a) the applicant’s position title;

  • (b) a detailed description of the applicant’s duties, approved by the organization that employs the applicant;

  • (c) the level of the applicant’s position;

  • (d) the location of the applicant’s place of work;

  • (e) the nature of the election involved and the electoral district for which the applicant is seeking nomination, if applicable; and

  • (f) the date by which the applicant requires a decision from the Commission.

Deadline for Submission of a Request

  •  (1) A request for permission from the Commission to seek nomination as a candidate, referred to in subsection 114(1) or (2) or section 115 of the Act, or a request for leave of absence without pay, referred to in subsection 114(3) of the Act, must be submitted to the Commission no later than 30 days before the date by which the applicant requires a decision from the Commission.

  • (2) For the purposes of subsection (1), a request is deemed to have been submitted on the day that is,

    • (a) if the request is sent by mail, six days after

      • (i) the date of the postmark or the date of the postage meter impression authorized by the Canada Post Corporation, or

      • (ii) if both the postmark and the postage meter impression appear on the envelope, the date of the later of them;

    • (b) if the request is delivered by hand or by courier service, the date it is delivered; and

    • (c) if the request is sent by electronic means, the date it is transmitted.

  • (3) Failure to make a request before the deadline set out in subsection (1) does not prevent the Commission from considering the request on receipt of the information referred to in section 2, if the delay is due to circumstances beyond the control of the applicant and if the time requested is sufficient for the Commission to consider the request.

Decision

 In making a decision pursuant to sections 114 and 115 of the Act, the Commission shall review and analyze any information or document received from the applicant as well as any other information or document requested from the applicant or the organization that employs the applicant required to assess the request.

 The Commission shall render its decision to the employee and deputy head as expeditiously as possible in writing, including reasons for the decision and identifying any applicable conditions.

PART 2

INVESTIGATIONS OF ALLEGATIONS OF IMPROPER POLITICAL ACTIVITIES

Application

 This Part applies in respect of investigations under sections 118 and 119 of the Act.

Format of Allegation

  •  (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.