Marginal note:Commission established

• 3. (1) A commission is established, to be called the Public Service Commission, consisting of a President and two or more other Commissioners.

• Marginal note:Eligibility

  (2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act.

• Marginal note:Full-time or part-time

  (3) The President shall serve on a full-time basis and the other Commissioners on a part-time basis.

• Marginal note:Other employment or activities

  (4) Commissioners shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their functions, and the President shall devote the whole of his or her time to the performance of the President’s functions.

• Marginal note:Appointment of Commissioners

  (5) The President and other Commissioners shall be appointed by the Governor in Council. The appointment of the President shall be made by commission under the Great Seal after approval by resolution of the Senate and House of Commons.

• Marginal note:Tenure and term of office

  (6) A Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.

• Marginal note:Re-appointment

  (7) A Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.

• Marginal note:Oath or affirmation

  (8) Before commencing his or her functions, each Commissioner shall take an oath or make a solemn affirmation in the form set out in Schedule I before the Clerk of the Privy Council or the person designated by the Clerk.

Marginal note:Salaries

• 3.1 (1) The Commissioners shall be paid the remuneration determined by the Governor in Council.

• Marginal note:Expenses

  (2) The Commissioners are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from their ordinary place of residence or, in the case of the President, while absent from his or her ordinary place of work.

• Marginal note:Application of Public Service Superannuation Act

  (3) The President is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

• Marginal note:Application of other Acts

  (4) The Commissioners are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act.

Marginal note:President

• 4. (1) The President is the chief executive officer of the Commission.

• Marginal note:Residence

  (2) The President shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council.

• Marginal note:Acting President

  (3) If the President is absent or unable to act or if the office of President is vacant, the minister designated under subsection 47(1) may authorize a Commissioner or other qualified person to act as President for a period not exceeding sixty days, and the Governor in Council may authorize a Commissioner or other qualified person to act as President for any longer period.

Marginal note:Quorum

• 4.1 (1) A majority of the Commissioners constitutes a quorum of the Commission.

• Marginal note:Vacancy

  (2) A vacancy in the membership of the Commission does not impair the right of the remaining Commissioners to act.

Marginal note:Head office

4.2 The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act.

Marginal note:Human resources

4.3 The Commission may appoint the persons necessary for the proper conduct of its work in the manner authorized by this Act.

Marginal note:Experts and advisers

• 4.4 (1) The Commission may retain on a temporary basis the services of experts or other persons having technical or special knowledge to assist it in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration.

• Marginal note:Application of Public Service Superannuation Act

  (2) Persons whose services are retained under subsection (1) are not employed in the public service for the purposes of the Public Service Superannuation Act.

Marginal note:Delegation to deputy head

• 6. (1) The Commission may authorize a deputy head to exercise and perform, in such manner and subject to such terms and conditions as the Commission directs, any of the powers, functions and duties of the Commission under this Act, other than the powers, functions and duties of the Commission under sections 7.1, 21, 32 to 34, 34.4 and 34.5.

Marginal note:Powers of boards

7.4 Subject to such restrictions or limitations as the Commission may specify, a board established under subsection 6(3) or 21(1) or 21(1.1) has, in relation to the matter before it, the powers referred to in section 7.2.

Political Activities

Marginal note:Definitions

• 32. (1) The following definitions apply in this section and sections 32.1 to 34.

  “election”

  « élection »

  “election” means a federal, provincial, territorial or municipal election.

  “federal election”

  « élection fédérale »

  “federal election” means an election to the House of Commons.

  “municipal election”

  « élection municipale »

  “municipal election” means an election as the mayor or a member of the council of a municipality.

  “municipality”

  « municipalité »

  “municipality” means

  • (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or

  • (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this section and sections 32.1 to 34.

  “political activity”

  « activité politique »

  “political activity” means

  • (a) carrying on any activity in support of, within or in opposition to a political party;

  • (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or

  • (c) seeking nomination as or being a candidate in an election before or during the election period.

  “provincial election”

  « élection provinciale »

  “provincial election” means an election to the legislature of a province.

  “territorial election”

  « élection territoriale »

  “territorial election” means an election to the Council of the Yukon or the Northwest Territories or the Legislative Assembly of Nunavut.

• Meaning of “deputy head”

  (2) For the purposes of this section and sections 32.1 to 34, “deputy head” includes a Commissioner appointed under subsection 3(5) and the Chairperson of the Tribunal designated under subsection 49(4).

Marginal note:Purpose

32.1 The purpose of sections 32.2 to 34 is to recognize the right of employees to engage in political activities while maintaining the principle of political impartiality in the public service.

Marginal note:Permitted activities

• 32.2 (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 the 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 a regulation, 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

• 32.3 (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

• 33. (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

33.1 On granting an employee permission under subsection 32.3(4), leave under subsection 32.3(5) or permission under subsection 33(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.

Marginal note:Political activities

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

Marginal note:Investigation and corrective action — employees

33.3 The Commission may investigate any allegation, made to it by a person who is or has been a candidate in an election, that an employee has failed to comply with any of subsections 32.2(1), 32.3(1) to (3) and 33(1) and, if it concludes that the allegation is substantiated, the Commission may dismiss the employee or may take any corrective action that it considers appropriate.

Marginal note:Investigation and dismissal — deputy head

• 33.4 (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 33.2 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

33.5 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

• 33.6 (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 33.5 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 33.5 in relation to the matter before the person.

Marginal note:Right to be heard

34. A person making an allegation under section 33.3 or 33.4 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.