Political Activities Regulations (SOR/2005-373)

• 8. (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.

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.