Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

Marginal note:Seeking candidacy

• 114 (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

• 115 (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

116 On granting an employee permission under subsection 114(4), leave under subsection 114(5) or permission under subsection 115(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.

Deputy Heads

Marginal note:Political activities

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

Allegations

Marginal note:Investigation and corrective action — employees

118 The Commission may investigate any allegation, in accordance with the regulations, that an employee has failed to comply with any of subsections 113(1), 114(1) to (3) and 115(1) and, if it concludes that the allegation is substantiated, may dismiss the employee or may take any corrective action that it considers appropriate.

Marginal note:Investigation and dismissal — deputy head

• 119 (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 117 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

120 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

• 121 (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 120 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 120 in relation to the matter before the person.

Marginal note:Right to be heard

122 A person making an allegation under section 118 or 119 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.

PART 8General

Application of Act

Marginal note:Regulations of Governor in Council

• 123 (1) The Governor in Council may, notwithstanding any other Act, make regulations applying to any organization or any part of any organization all or any of the provisions of this Act that do not otherwise apply to it.

• Marginal note:Application of other Acts

  (2) A regulation made under subsection (1) prevails over the provisions of any other Act or regulations made under any other Act respecting the same matter.

Marginal note:Application of regulations

124 A regulation made by the Commission, the Treasury Board or the Governor in Council under this Act may be of general application or may apply to a specified person, position, occupational group, organization or part of an organization, or any class of them, or in respect of a specified process or any class of process.

Head of Public Service

Marginal note:Appointment by Governor in Council

125 The Governor in Council may appoint and fix the remuneration of the Clerk of the Privy Council and Secretary to the Cabinet.

Marginal note:Clerk of Privy Council

126 The Clerk of the Privy Council and Secretary to the Cabinet is the head of the public service.

Marginal note:Report of head of the public service

127 The head of the public service shall submit a report on the state of the public service in each fiscal year to the Prime Minister, and the Prime Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Prime Minister receives it.

Deputy Ministers and Other Senior Officials

Marginal note:Appointment by Governor in Council

• 127.1 (1) The Governor in Council may appoint persons to the following positions and fix their remuneration:

  • (a) deputy minister, associate deputy minister and positions of equivalent ranks;

  • (b) deputy head, associate deputy head and positions of equivalent ranks; and

  • (c) special adviser to a minister.

• Marginal note:Application of Part 7

  (2) For greater certainty, the provisions of Part 7 applicable to deputy heads apply to persons appointed as such or as deputy ministers under subsection (1), and the provisions of that Part applicable to employees apply to other persons appointed under subsection (1).

Ministerial Staff

Marginal note:Ministerial staff

• 128 (1) A minister, or a person holding the recognized position of Leader of the Opposition in the House of Commons or Leader of the Opposition in the Senate, may appoint an executive assistant and other persons required in his or her office.

• Marginal note:Termination of employment

  (2) A person who is employed in an office referred to in subsection (1) ceases to be so employed thirty days after the person holding a position referred to in subsection (1) ceases to hold that position.

Marginal note:Regulations

129 The Governor in Council may make regulations applying all or any of the provisions of this Act to any of the positions of persons appointed by ministers under subsection 128(1).

Public Officials

Marginal note:Appointments by Governor in Council

130 The Governor in Council may appoint and fix the remuneration of

• (a) the Secretary to the Cabinet for Federal-Provincial Relations;

• (b) the Clerk of the Senate;

• (c) the Clerk of the House of Commons; and

• (d) the Secretary to the Governor General.

Diplomatic Personnel

Marginal note:Diplomatic appointments

131 Nothing in this Act shall be construed as affecting the right or authority of Her Majesty to appoint ambassadors, ministers, high commissioners or consuls-general of Canada to another country or to appoint other persons to represent Canada in another country.

Block Transfers

Marginal note:Transfer of employees

• 132 (1) Nothing in an order made under the Public Service Rearrangement and Transfer of Duties Act shall be construed as affecting the status of an employee who, immediately before the coming into force of the order, occupied a position in a portion of the core public administration the control or supervision of which has been transferred from one department or other portion of the core public administration to another, or in a department that has been amalgamated and combined, except that the employee shall, on the coming into force of the order, occupy that position in the department or other portion of the core public administration to which the control or supervision has been transferred or in the department as amalgamated and combined.

• Marginal note:Transfer of other staff

  (2) Where an order is made under the Public Service Rearrangement and Transfer of Duties Act, the Governor in Council may, by order made on the recommendation of the Treasury Board and where the Governor in Council is of the opinion that an employee or class of employees is carrying out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of employees referred to in subsection (1) and that it is in the best interests of the core public administration to do so, declare that the employee or class of employees shall, on the coming into force of the order, occupy their positions in the department or other portion of the core public administration where the employees referred to in subsection (1) are currently occupying their positions.

• Marginal note:Core public administration

  (3) For the purposes of this section, the core public administration consists of the departments, as defined in subsection 2(1), and the portions of the federal public administration named in Schedule IV to the Financial Administration Act.