Being a candidate in federal and provincial elections without permission – Founded

Section 118 – Subsection 114(1) – Founded – Improper political activities – Failure to obtain permission – Nomination and candidacy – Federal and provincial elections

Authority: This investigation was conducted under section 118 of the Public Service Employment Act (the Act), S.C. 2003, c.22, ss. 12 and 13.

Issue: The purpose of this investigation was to determine whether a public servant complied with subsection 114(1) of the Act when they engaged in activities to support their nomination as a candidate in 2 subsequent elections before they had permission from the Public Service Commission (the Commission) to seek nomination. The concern raised was that the public servant had an active website promoting their candidacy, before the Commission had granted them permission.

Conclusion: The investigation determined that the public servant engaged in political activities before obtaining permission to seek nomination as a candidate in 2 elections. Accordingly, the employee contravened subsection 114(1) of the Act.

Facts:

First election
The public servant submitted a request to their department for permission to seek nomination as a candidate in an election and for a leave of absence without pay to be a candidate during the election period. The department advised the public servant to refrain from participating in any campaign activities before requesting and obtaining the Commission’s permission. However, while obtaining the internal approvals to submit an application for permission to the Commission, the public servant maintained an active website promoting their candidacy. The public servant ultimately withdrew their candidacy and, as a result, their application for permission to be a candidate, so the application for permission was not submitted to the Commission.

Second election
The public servant later requested permission from the Commission to seek nomination as a candidate and for a leave of absence without pay to be a candidate during a second election. Upon receipt of this request, the Commission informed the public servant that they could not declare their candidacy or conduct related activities, including seeking nomination, until they received permission from the Commission to do so.

The Commission learned that the public servant had promoted their intention to be the nominee for their area on their website. The website also requested donations and volunteers and promoted the public servant’s platform. The Commission requested that the public servant cease all political activities, including campaigning and maintaining a website, until they received the Commission’s permission. Although the public servant insisted that the website was no longer active at that time, the evidence showed that the website was still accessible.

The public servant indicated that they submitted their nomination for the first election before they had obtained the Commission’s permission, based on a reply from their department about their request for permission. The public servant explained that their department had advised them that although they could submit their nomination while waiting for the Commission’s permission, they had to refrain from campaigning during that period. Even though the department’s provision of incorrect information could have misled the public servant, the investigation determined that the public servant engaged in improper political activities by campaigning before obtaining the Commission’s permission.

Corrective action:

Following the conclusion of improper political activities, the Commission ordered that:

• the public servant participate in an individual awareness session on the political activities regime that applies to public servants
  • if the public servant fails to participate in this awareness session, a letter will be sent to the Deputy Minister of the public servant’s department notifying them of the non-compliance
    • if the public servant still fails to participate in the session, the public servant may be dismissed
• a letter be sent to the public servant, informing them of their non-compliance with subsection 114(1) of the Act, and a copy of this letter be sent to the Deputy Minister of the public servant’s department

Investigation File No.: 19-20-08