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Frequently Asked Questions

  1. General Questions
  2. Federal Public Service Employees' Engagement in Political Activities (in addition to political activities related to candidacy)
  3. Candidacy in an election and the Public Service Employment Act (PSEA)
  4. Investigations of Allegations of Improper Political Activities

I. General Questions

1. How does the Public Service Employment Act (PSEA) affect my right to engage in political activities?

The Public Service Employment Act (PSEA) recognizes the right of employees to engage in political activities while maintaining the principle of political impartiality in the public service. The PSEA states that you may engage in any political activity as long as it does not impair or is not perceived as impairing your ability to perform your duties in a politically impartial manner.

Your right as a federal public service employee must, therefore, be examined in light of the need to maintain a politically impartial public service. The political impartiality of the public service is a fundamental value that ensures Canadians benefit from non-partisan delivery of services and from a public service ready to support long-term challenges, which helps promote stability of government, even in times of political change.

2. Do the provisions under the PSEA apply to political activities outside work hours and off work premises? If so, why?

Yes, because regardless of when or where a political activity takes place, it may, depending on the nature of the activity and on the employee's specific circumstances, impair or be perceived as impairing the employee's ability to perform his or her duties in a politically impartial manner.

The situation must therefore be assessed on a case-by-case basis.

3. What constitutes a municipality?

Because the regime also applies to municipal political activities, it is important to clarify what is meant by municipality. Municipality is defined in the legislation as "an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or any other municipality however designated or as any other local or regional authority that is determined by the Governor in Council to be a municipality."

To date, the Governor in Council has not designated any other local or regional authority to be a municipality.

4.  To whom does Part 7 (Political Activities) of the PSEA apply?

Part 7 of the legislation applies to all employees and deputy heads of organizations of the federal public service that fall under the PSEA. It also applies to employees and deputy heads of the following separate agencies whose enabling legislation provides that the political activities provisions of the PSEA apply to their employees:

  • Canadian Institutes of Health Research
  • Financial Transactions and Reports Analysis Centre of Canada
  • Canada Revenue Agency
  • Parks Canada Agency
  • National Film Board of Canada

The PSEA political activities provisions also apply to persons employed by the Public Service Staffing Tribunal (s. 96 of the PSEA).

5. Who is responsible for ensuring the political impartiality of the public service?

The Public Service Commission (PSC) is responsible for safeguarding the political impartiality of the public service. However, organizations and employees also have important roles and responsibilities in this regard.

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II. Federal Public Service Employees' Engagement in Political Activities (in addition to political activities related to candidacy)

1. What constitutes a political activity?

Other than seeking nomination as or being a candidate in an election, the PSEA defines "political activity" as:

  • any activity in support of, within or in opposition to a political party; and
  • any activity in support of or in opposition to a candidate before or during an election period.

2. What are examples of political activities that fit the definition under the legislation?

The list below while not exhaustive provides examples of political activities within the meaning of the PSEA:

  • voting in an election;
  • becoming member of a political party;
  • contributing funds to a political party or candidate or attending political fund-raising functions;
  • attending political party events, such as meetings, conventions, rallies, fund-raising functions, or other political gatherings;
  • carrying out administrative activities for a political party or candidate, such as stuffing envelopes, answering or placing telephone calls, addressing correspondence on behalf of a political candidate or party;
  • supporting a political party or candidate including
    • displaying political material – for example, picture, sticker, badge or button, lawn sign;
    • accompanying a candidate during a press conference;
    • organizing political events.
  • developing promotional material for a political party or candidate – for example, writing campaign speeches, slogans, pamphlets for candidates in partisan elections;
  • signing nomination petitions and/or the official nomination paper of a candidate;
  • soliciting funds for a political party or candidate; and
  • seeking nomination in a federal, provincial, territorial or municipal election (note that separate rules apply to this activity.

3. Does that mean that all of those activities are prohibited?

No. Political activities have to be assessed on a case-by-case basis in light of the employee's specific circumstances, to determine whether the activity would impair or could be perceived as impairing the employee's ability to perform his or her duties in a politically impartial manner. Voting in an election is a political activity that is, however, permissible in all instances.

4. Why are the rights of deputy heads different from the rights of employees?

Under the legislation, deputy heads' political activities are restricted to voting in elections.
Given that they exercise considerable influence on the policies of the government, deputy heads must be seen at all times as being politically impartial.

5. Does the Values and Ethics Code for the Public Service apply to political activities?

Activities that do not fit the definition of political activities under the PSEA are subject to the Values and Ethics Code for the Public Service (the Code) or, in cases where Treasury Board is not the employer, to the organization's applicable code. These activities could, therefore, be problematic for reasons other than those related to the PSEA.

In addition, the Code governs the political activities of casual workers, part-time workers that are not required to work more than one-third of the normal scheduled daily or weekly hours of work established for persons doing similar work.

6. What are the consequences of my engaging in an unacceptable political activity?

Any person may make an allegation of improper political activity against federal public servants, and the PSC may, in turn, investigate these allegations. A substantiated allegation against a federal public service employee may lead to corrective action up to and including dismissal. Only a person who is or was a candidate in an election may make an allegation that a deputy head contravened the PSEA.

7. How can I go about determining whether the political activity I wish to engage in is problematic?

A self-assessment tool is available to help you make reasonable decisions about your involvement in a political activity. It can help you assess whether a given activity would impair or could be perceived as impairing your ability to perform your duties in a politically impartial manner. This assessment is done on a case-by-case basis in light of your specific circumstances and of factors such as the nature of the political activity you wish to engage in, the nature of your duties and the level and visibility of your position.

However, this tool should not be seen as the sole mechanism for making this decision. When in doubt, you are encouraged to discuss your specific circumstances with your manager, and/or the designated political activities representative of your organization who can in turn seek advice from the PSC.

8. If I engage in political activities on my own time, are the rules any different?

The rules and principles are no different whether you wish to engage in political activities on your own time or not. Political impartiality requires that you assess how a reasonable person would perceive your actions based on the nature of the activity in question, the nature of your duties and the level and visibility of your position.

9. Are political activities unacceptable?

It depends. The question is whether engaging in a given political activity would impair or be perceived as impairing an employee's ability to perform his or her duties in a politically impartial manner. The situation would have to be assessed on a case-by-case basis in light of the activity in question and the employee's specific circumstances, such as the nature of the duties and the level and visibility of the position. The political party that the employee wishes to support or is in opposition to is not a factor in determining whether a political activity is acceptable or not. Guidance and a self-assessment tool are available to help the employee in his or her assessment in order to make reasonable decisions in this regard.

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III. Candidacy in an election and the PSEA

1. Is candidacy in an election a political activity?

Yes, the PSEA provides that seeking nomination as or being a candidate in an election before or during the election period constitutes a political activity. Should a federal public service employee consider seeking nomination or becoming a candidate in an election, he or she needs to request and obtain permission from the Commission before doing so.

2. How is the current PSEA different from the former PSEA with respect to seeking nomination and candidacy?

The current PSEA expressly provides that employees may engage in any political activity as long as it does not impair or is not perceived as impairing their ability to perform their duties in a politically impartial manner.

Furthermore, the current PSEA governs the political involvement of federal public servants at the municipal level. Therefore, the PSC grants permission and/or leave for candidacy in federal, provincial, territorial and municipal elections.

The current Act provides some increased flexibility. For instance, as opposed to the former PSEA, the current PSEA gives the PSC the discretion to decide when leave without pay (LWOP) must begin during the period in which the employee seeks nomination as a candidate or is a candidate before the election period. Consequently, the current PSEA lessens the potential for financial hardship on the employee.

Another aspect of the current Act is that the PSC's authority is broadened to investigate any allegation that an employee has failed to comply with any of the provisions relating to political activities.

3. How does the PSC decide whether an employee's ability to perform his or her duties in a politically impartial manner is being impaired by either seeking nomination or eventually by actually being a candidate?

As indicated in Part 7 of the PSEA, the PSC's decision is based on political impartiality and, in making its decision, it considers such factors as the nature of the election, the nature of the employee's duties, and the level and visibility of the employee's position in the public service.

To determine the impact of these factors, the PSC requires input from the employee, the employee's supervisor or manager and his or her deputy head.

4. What kind of information does the PSC need to decide if the employee's ability to perform his or her duties in a politically impartial manner is being impaired or is perceived as being impaired?

The procedure for submitting requests describes what must be included in a request to obtain PSC permission.

5. How is candidacy in a municipal election treated differently?

The PSC grants permission to seek nomination as, and to be a candidate only if it is satisfied that the employee's ability to perform his/her duties in a politically impartial manner will not be impaired or perceived to be impaired. For all types of elections, the PSC makes that determination based on 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 in the public service.

Under the PSEA, for a municipal election, the PSC may make such permission conditional on the employee taking a LWOP for all or part of the period in which the employee seeks nomination as a candidate, or for all or part of the period in which the employee is a candidate before the election period. While LWOP is a requirement for candidacy during a federal, provincial or territorial election, it may be a condition for candidacy in a municipal election.

In addition, for municipal elections, the PSC may make its permission conditional on the employee taking a LWOP or ceasing to be an employee if he or she is declared elected. This means that if you are elected to a municipal office, the PSC may allow you to continue to work, require that you take a LWOP or require that you cease to be employed in the public service. The PSC's decision will be based on factors such as your role in the public service, the visibility of your position, your degree of responsibility and the anticipated scope and nature of your activities as an elected official. If elected in a federal, provincial or territorial election, you cease to be an employee.

6. Do elections for Indian bands and school boards fall under the provisions of the PSEA?

To date, the Governor in Council has not yet designated any Indian band and school board as a municipality for the purposes of Part 7 of the PSEA. These activities, would, however, be subject to the Values and Ethics Code for the Public Service or, in cases where Treasury Board is not the employer, to the organization's applicable code.

7. If I decide that I want to run for elected office, what steps will I be required to take to ensure that I comply with the letter and spirit of the PSEA?

If you wish to be a candidate in an election, it is essential that you submit your request along with the supervisor/manager and deputy head input forms to the PSC no later than 30 days before the date you require a decision from the Commission, as stipulated in the Political Activities Regulations. It is your responsibility to ensure that you seek a decision from the Commission in time to then, should permission be granted, complete all steps necessary in order to register as a candidate.

Until you receive permission from the PSC to seek nomination as, and/or be a candidate in an election, no declaration of candidacy or related activities may be undertaken. Each employee's request is considered on a case-by-case basis and assessed in accordance with the factors such as those outlined in the PSEA. The PSC will advise you and your deputy head of its decision.

You can also communicate with the designated political activities representative of your organization if you require additional information.

8. Do I need the permission of the PSC while considering whether I will seek nomination or be a candidate (i.e., before publicly declaring my intention to seek nomination)?

Some activities associated with exploring a possible candidacy do not require the permission of the PSC.  For example, discussing the impact of your candidacy with your spouse, or clarifying the impact on your pension with your Compensation Advisor would not be perceived as impairing your ability to perform your duties in a politically impartial manner. During this exploratory period, discussions with party officials of a private and informal nature are also permissible political activities, keeping in mind, however, that at no time can a commitment or announcement be made until permission is received.

9. When can I undertake candidacy-related activities and publicly announce my intention to seek the nomination?

Until you have received permission from the PSC to seek nomination as, or be a candidate in a municipal, provincial, territorial or federal election, no declaration of candidacy or candidacy-related activities may be undertaken. This includes any political activity to support your candidacy (for example, in relation to your candidacy, having your photograph taken or placing biographical information on a Web site, soliciting support from party members).

The Commission's decision is not a formality. If you undertake such activities before obtaining permission from the PSC, you risk being the subject of an investigation by the PSC, and if improper political activity has taken place, the Commission can impose corrective measures up to and including dismissal. If in doubt about a particular activity, consult the designated political activities representative of your organization who can in turn seek advice from the PSC.

10. What should I do if, after receiving permission to seek nomination, I get a new job in the public service?

You would have to resubmit a request and the PSC will examine your new role, the visibility of your position and your degree of responsibilities in a manner similar to the initial review. The PSC will then confirm to you and to your deputy head whether the initial permission stands.

11. Will my application for seeking nomination or becoming a candidate be treated in confidence by the PSC while my request is being reviewed and before I make a public announcement about my candidacy?

Yes.

12. Will it matter in which political party I am active? Will my affiliation with a particular party, once it becomes known, damage my career?

Your political affiliation is not a factor in assessing your request for permission to seek nomination as, or be a candidate. The PSC will not ask you for this information. The PSEA assures your right as a federal public service employee to participate in political activities so long as they do not impair or are not perceived as impairing your ability to perform your duties in a politically impartial manner.

13. What if the PSC does not approve my request and I go ahead and seek nomination anyway?

If you go ahead and seek nomination without the PSC's persmission, this would be considered an improper political activity. In such cases the PSC  may investigate and impose corrective actions that could include dismissal.

14. If I lose my bid for election at one level of government, may I then proceed to try my luck as a candidate at another level in another election?

The PSEA gives federal public service employees the right to participate in any political activity, subject to the limitations in the legislation. Yes, you may make subsequent requests for permission to seek nomination as, or be a candidate at any level of government.

15. If I am in an acting, assignment, secondment or interchange situation, which job should I report on when applying for permission?

You should report to the PSC on both positions (your current duties and the duties pertaining to your substantive position). The PSC will examine both sets of duties and will advise you and your deputy head of its decision on both. You should inform the PSC immediately if your position or job functions change, as this may have an impact on the PSC's assessment of your request.

16. What do I do if, after seeking the nomination for a particular party in my riding, I lose the nomination? When do I go back to work?

You may go back to work after the nomination meeting under the following circumstances:

  • if the PSC granted your request for permission to seek nomination, or be a candidate before the election period without any conditions, you may return to work the day after the nomination meeting;
  • if the PSC granted you permission on condition of a leave of absence without pay (LWOP) for all or part of the period you seek nomination, then you should contact your Departmental Designate and the PSC to advise that you will be returning to work;
  • if the PSC granted you permission based on specific conditions (e.g., modified or new duties) that take effect upon returning to work then you and your organization should consult the PSC prior to returning to work to ensure that the PSC is satisfied that the specific conditions identified are met. 
  • It is always good practice to keep in touch with your designated political activities representative throughout the candidacy process and immediately after the results of the nomination meeting.  Your department will be in contact with the PSC (1-866-707-7152). 

17. What if I am declared a candidate by my political party and I lose the election. When do I go back to work?

  • You may go back to work after the election under the following circumstances:
  • for a municipal election, if the PSC granted you permission to be a candidate before or during the election period without the condition of a leave of absence without pay (LWOP), you may return to work the day after the election;
  • for a municipal election, if the PSC granted you permission to be a candidate before or during the election period with a condition of a leave of absence without pay (LWOP), you should contact your Departmental Designate and the PSC to advise that you will be returning to work;
  • if the PSC granted you a LWOP to be a candidate during a federal, provincial or territorial election period, you should contact your Departmental Designate and the PSC to advise that you will be returning to work;
  • if the PSC granted you permission based on specific conditions (e.g., modified or new duties) that take effect upon returning to work then you and your organization should consult the PSC prior to returning to work to ensure that the PSC is satisfied that the specific conditions identified are met.

It is always good practice to keep in touch with your designated political activities representative throughout the candidacy process and immediately after the results of the election.  Your department will be in contact with the PSC (1-866-707-7152).

18. I feel that my job as a federal public service employee is sensitive and that my engaging in political activities could be perceived as impairing my ability to perform my duties in a politically impartial manner. Can I still seek nomination and become a candidate in an election?

Before you seek nomination or become a candidate, you must request and obtain permission and/or LWOP from the PSC. If the PSC agrees that your job is "sensitive," as you assert, and that the political impartiality of the public service may be impaired as a result, the PSC can refuse to grant its permission and/or LWOP, or it can make its permission conditional on a LWOP for instance. However, your organization, should it believe it operationally feasible, could agree to change your duties to make the job less sensitive prior to you seeking permission from the PSC. But, if permission is not granted by the PSC, it will be up to you to find another position that may be seen as acceptable for the PSC to grant you its permission and/or LWOP. If you still decide to run despite a refusal from the PSC, you may be subject to an investigation and, if founded, corrective action, which may include dismissal.

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IV. Investigations of Allegations of Improper Political Activities

1. How do I make an allegation of improper political activity?

An allegation may be made on the Allegation of Improper Political Activity Form and filed with the Investigations Branch, Public Service Commission, Ottawa. An allegation must be submitted within 30 days after an election period, if the alleged contravention occurred during the election period or, if outside an election period, within 30 days after the person became aware of it, but not later than 1 year after the day on which the alleged contravention began.

2. Will the PSC investigate all allegations made?

The PSC has the discretion to investigate or not investigate an allegation. In deciding whether to investigate, the PSC will take into account such factors as whether the allegation was made within the proper time period; whether, if proven true, the facts alleged would constitute an improper political activity; whether the person against whom the allegation is made is still an employee in the public service; and whether the allegation is frivolous or vexatious.

3. How will an investigation be conducted?

The investigator may choose from a number of methodologies, the most common of which are fact-finding meetings, written submissions, telephone and video conferences, on site interviews or a combination thereof, depending on the nature of the case. The method chosen will give an "opportunity to be heard" to the person making the allegation and to the person against whom the allegation is made.

"The opportunity to be heard" refers to the right of all interested parties to a fair and impartial investigation, the right to make and respond to submissions, and the right to be accompanied or represented during the investigation by a bargaining agent, legal counsel or any other person of their choosing. For more information, visit the Political Activities Investigations Web site.

4. What types of corrective action can the PSC impose?

The Act provides that if an allegation against a federal public service employee is substantiated, the Commission may take appropriate corrective action up to and including dismissal. Corrective action is aimed at ensuring that employees' ability to perform their duties in a politically impartial manner is not impaired or perceived to be impaired. Possible corrective action could include ordering an employee to stop the inappropriate activity, requiring that the employee be assigned to another position with less visibility, etc.

If an allegation of improper political activity by a deputy head is substantiated, the Commission must report its conclusion to the Governor in Council, who may dismiss the deputy head.

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Date Modified:
2010-11-26