Political Activities Regulations (SOR/2005-373)

Regulations are current to 2016-01-25 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 [Repealed, SOR/2012-239, s. 1]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.

Time Frame for Submitting Allegations

  •  (1) An allegation must be submitted to the Commission within the following time frame:

    • (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 contravention 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

    • (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.

  • (3) For the purpose of subsection (1), an allegation is deemed to have been submitted on the day that is,

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

      • (i) the date of the postmark or the date of the postage meter impression authorized by 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 allegation is delivered by hand or by courier service, the day on which it is delivered; and

    • (c) if the allegation is transmitted by electronic means, the day on which it is transmitted.

  • SOR/2012-239, s. 4.

Investigation

 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.

 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.

 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.

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

  •  (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, the 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

  •  (1) 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.

  • (2) Prior to a disclosure under subsection (1) that could infringe privacy interests, the Commission shall consider whether the public interest in disclosure outweighs those privacy interests.

Coming into Force

 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.

 
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