Political Activities Regulations (SOR/2005-373)

• 8. (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 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 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.

9. 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.

10. 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.

11. 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.

12. 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.

• 13. (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.

• 14. (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.