Political Activities Regulations (SOR/2005-373)

Regulations are current to 2014-09-29 and last amended on 2012-11-14. Previous Versions

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 1CANDIDACY

Content of a Request

  •  (1) A request for permission, referred to in subsection 114(1) or (2) or 115(1) of the Act, and a request for leave of absence without pay, referred to in subsection 114(3) of the Act, must be in writing and must contain the following information:

    • (a) with respect to the duties that the employee performs on a permanent and temporary basis,

      • (i) the nature of their duties, including their position title,

      • (ii) a detailed description of their duties, approved by the relevant organization,

      • (iii) the location of their place of work, and

      • (iv) the level and visibility of their position and duties; and

    • (b) the nature of the election and, if applicable, the electoral district.

  • (2) The Commission may, in addition to the information referred to in subsection (1), request from the employee or relevant organization any other information that is necessary to determine whether seeking nomination or being a candidate impairs or is perceived as impairing the employee’s ability to perform their duties in a politically impartial manner.

  • SOR/2012-239, s. 1.

 [Repealed, SOR/2012-239, s. 1]

Decision

 In making a decision in accordance with sections 114 and 115 of the Act, the Commission must review and analyse any information that is requested from the employee and the relevant organization.

  • SOR/2012-239, s. 2.

 The Commission must, within 30 days after the day on which it receives all of the information requested under section 2, notify in writing the employee and the deputy head of the relevant organization of its decision, including reasons and any applicable conditions.

  • SOR/2012-239, s. 2.

PART 2INVESTIGATIONS 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 writing.

  • (2) Failure to submit an allegation in writing does not prevent the Commission from investigating the allegation 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, there is reason to believe that the deputy head has contravened section 117 of the Act.

  • SOR/2012-239, s. 3.