Requesting Permission or Leave to be a Political Candidate
- Procedure for Requesting Permission or Leave
- The Commission's Approval
- Factors
- The Commission's Authority to Investigate
- Contact Information
1. Procedure for Requesting Permission or Leave
Since December 31, 2005, the Public Service Commission (PSC) has an enhanced role in overseeing the political impartiality of the federal public service. One of the PSC's responsibilities is to grant permission and leave for candidacy in federal, provincial, territorial and municipal elections. (For more information on all of the PSC's roles with regard to political activities, please see the Political Activities Overview.)
Of importance, an employee may seek nomination as, or be, a candidate in a federal, provincial, territorial or municipal election before or during the election period, only if the employee has requested and obtained permission from the Commission to do so. This legal requirement is provided for under subsections 114(1) and 115(1) of the Public Service Employment Act (PSEA).
In addition, 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.
As for municipal elections, an employee may be a candidate during the election period only if the employee has requested and obtained permission from the Commission to do so. (see Annex 1 for more details).
It is essential that employees who wish to be candidates in an election submit their requests to the PSC no later than 30 days before the date a decision is required from the Commission, as stipulated in the Political Activities Regulations. Until an employee has requested and received permission from the PSC to seek nomination as, 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 outlined in the PSEA.
In order to consider candidacy requests and render a timely decision, the PSC relies on the information submitted by employees and organizations. Therefore, it is important that the PSC receive requests that provide complete and accurate information.
Employees are required to provide the PSC with the following information at the time of submitting a request for permission or leave to be a candidate in a municipal, territorial, provincial or federal election:
- a completed “Political Candidacy Request – Basic Information Form” form to capture basic information regarding the application;
- a completed “Questionnaire for Supervisors or Managers: Nature of Duties” to provide the PSC with an understanding of the nature of the employee’s duties and the level and visibility of the employee’s position;
- a completed “Deputy Head’s Input Form” to provide the PSC with your Deputy Head’s views on your request and its impact on the organization. Employees are required to contact their departmental political activities designate who will inform them of the process for getting the Deputy Head’s input;
- an approved organizational chart identifying the employee’s position, subordinates (if applicable) and supervisor/manager; and
- a detailed, up-to-date, approved work description outlining the employee’s duties, including a written explanation of specific duties if the work description is generic in nature.
Only requests that provide all these documents will be considered as complete by the PSC. Requests will be “queued” for review based on the date they are received. Employees risk a delay in receiving a decision from the PSC if the information provided is incomplete.
Employees are also required to forward a copy of the completed Political Candidacy Request-Basic Information Form and the completed Questionnaire for Supervisors and Managers to their departmental political activities designate.
Requests for permission can be either faxed or sent by mail to:
Director General
Delegation Directorate
Public Service Commission
L’Esplanade Laurier, West Tower
300 Laurier Ave. West
Ottawa, Ontario
K1A 0M7
Fax: (613) 992-5430
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2. The Commission's Approval
Employees must have received Commission permission prior to any activity or announcement related to their candidacy. Requests for permission to be a candidate must be submitted to the Commission no later than 30 days (minimum) before the date by which the employee would need a decision from the Commission. However, a longer period may be required for more complex or sensitive situations.
The Commission may grant permission 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. Also, the Commission may grant leave 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 as a result of having been a candidate.
If permission is granted, the employee must accept in writing and respect the conditions imposed by the Commission. A notice will be published in the Canada Gazette to advise of the Commission’s decision.
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3. Factors
In making its decision, 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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4. The Commission's Authority to Investigate
The Commission may investigate any allegation, in accordance with the regulations, that an employee has engaged in improper political activities and, if it concludes that the allegation is substantiated, may dismiss the employee or may take any corrective action that it considers appropriate.
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 of the PSEA. 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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5. Contact Information
For further information on requests for permission and applications for leave to be a candidate or to obtain an alternate format of this fact sheet, contact:
