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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(5) 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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| Seeking
candidacy
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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.
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| Being a
candidate
before
election
period
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(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.
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| Being a
candidate
during
election
period
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(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.
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| Granting of
permission
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(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.
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| Granting of
leave
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(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.
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| Factors
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(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.
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| Conditions
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(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.
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| Effect of
election
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(8) 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
before or during the election period, 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 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.
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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, 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.
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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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