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

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.

Marginal note:Political activities

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

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.