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PART 7 |
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POLITICAL ACTIVITIES |
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Interpretation |
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| Definitions
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111. (1) The following definitions apply in
this Part.
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| ``election'' « élection »
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``election'' means a federal, provincial,
territorial or municipal election.
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| ``federal
election'' « élection fédérale »
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``federal election'' means an election to the
House of Commons.
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| ``municipal
election'' « élection municipale »
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``municipal election'' means an election as the
mayor or a member of the council of a
municipality.
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| ``municipality
'' « municipalité »
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``municipality'' means
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| ``political
activity'' « activité politique »
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``political activity'' means
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| ``provincial
election'' « élection provinciale »
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``provincial election'' means an election to the
legislature of a province.
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| ``territorial
election'' « élection territoriale »
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``territorial election'' means an election to the
Council of the Yukon or the Northwest
Territories or the Legislative Assembly of
Nunavut.
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| Meaning of
``deputy
head''
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(2) For the purposes of this Part, ``deputy
head'' includes a Commissioner appointed
under subsection 4(1) and the Chairperson of
the Tribunal designated under subsection
88(5).
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Purpose of Part |
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| Purpose
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112. The purpose of this Part is to recognize
the right of employees to engage in political
activities while maintaining the principle of
political impartiality in the public service.
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Employees |
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| Permitted
activities
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113. (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.
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| Regulations
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(2) The Governor in Council may, on the
recommendation of the Commission, make
regulations specifying 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.
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| Factors
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(3) In making regulations, 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.
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| Candidacy in
federal,
provincial or
territorial
elections
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114. (1) An employee may seek nomination
as or 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.
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| Granting of
leave
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(2) The Commission may grant the leave of
absence 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.
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| Factors
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(3) In deciding whether seeking nomination
as, or being, a candidate would 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.
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| Effect of
election
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(4) An employee ceases to be an employee
on the day he or she is declared elected in a
federal, provincial or territorial election.
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| Candidacy in
municipal
elections
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115. (1) An employee may seek nomination
as, or be, a candidate in a municipal election
only if the employee has requested and
obtained permission from the Commission to
do so.
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| Granting of
permission
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(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.
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| Factors
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(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.
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| Conditions
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(4) The Commission may make permission
under this section conditional on
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| Notice
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116. On granting an employee a leave of
absence referred to in section 114 or
permission under section 115, the
Commission shall cause notice that it has done
so, together with the name of that employee,
to be published in the Canada Gazette.
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Deputy Heads |
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| Political
activities
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117. A deputy head shall not engage in any
political activity other than voting in an
election.
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Allegations |
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| Investigation
and corrective
action -
employees
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118. 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
subsection 113(1), 114(1) or 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.
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| Investigation
and
dismissal -
deputy head
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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.
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| Exception
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(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.
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| Powers under
Inquiries Act
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120. In conducting any investigation under
this Part, the Commission has all the powers
of a commissioner under Part II of the
Inquiries Act.
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| Persons acting
for
Commission
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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.
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| Powers of
Commissioner
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(2) A Commissioner directed under
subsection (1) has the powers referred to in
section 120 in relation to the matter before the
Commissioner.
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| Powers of
other person
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(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.
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| Right to be
heard
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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.
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PART 8 |
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GENERAL |
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Application of Act |
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| Regulations of
Governor in
Council
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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.
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| Application of
other Acts
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(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.
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| Application of
regulations
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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.
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Head of Public Service |
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| Appointment
by Governor
in Council
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125. The Governor in Council may appoint
and fix the remuneration of the Clerk of the
Privy Council and Secretary to the Cabinet.
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| Clerk of Privy
Council
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126. The Clerk of the Privy Council and
Secretary to the Cabinet is the head of the
public service.
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| Report of
head of the
public service
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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.
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Ministerial Staff |
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| Ministerial
staff
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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.
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| Termination
of
employment
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(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.
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| Regulations
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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).
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Public Officials |
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| Appointments
by Governor
in Council
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130. The Governor in Council may appoint
and fix the remuneration of
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Diplomatic Personnel |
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| Diplomatic
appointments
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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.
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Block Transfers |
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| Transfer of
employees
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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.
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| Transfer of
other staff
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(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.
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| Core public
administration
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(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.
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