2022-2023 Annual Report on Delegated Authorities for Political Activities

Purpose

1. To report to the Commission on delegated authorities under Part 7 of the Public Service Employment Act (PSEA). Detailed information on delegated authorities can be found in Annexes A to C.
2. To provide information on candidacy requests.
3. To share an overview of the Political Activities and Non-Partisanship Division’s (PANPD) program activities for 2022-2023.

2022-2023 Number of permission and change of circumstances requests

*No decision for various reasons (e.g., withdrawal, acclamation, appointment process, timeliness)

Yearly permission and change of circumstances requests received

2022-2023 Candidacy highlights

Top 5 represented organizations

• Employment and Social Development Canada
• National Defence
• Canada Border Services Agency
• Canada Revenue Agency
• Veterans Affairs Canada

Top 3 occupational groups

AS - 17%

PM - 15%

EC - 9%

75% of permission requests were from outside the NCR

Elected employees

Note: Only includes elections for which at least one employee was elected.

• 112 employees are currently holding municipal office.

Improper political activities

• PANPD prepared a risk analysis for the Investigations Directorate in 18 files.
• PANPD delivered 25 awareness sessions to employees as a result of founded investigations.
• 24 files were received by the Investigations Directorate following allegations of improper political activity in 2022-2023.
• 19 allegations warranted an investigation. 
• 29 cases were determined to be founded (this number includes files carried over from the previous fiscal year).

Mobility provisions

Advice and guidance are provided to organizations and Minister’s staff on eligibility for the mobility provision.

Former Ministers’ staff and excluded employees for the Office of the Secretary to the Governor General may participate in internal advertised appointment processes if employed in an eligible office for at least 3 years.

Inquiries received

In 2022-2023, PANPD responded to almost 200 inquiries from public service employees, organizations, and members of the public on a wide range of questions and issues related to the political engagement of public servants.

Most questions related to the candidacy process, permission approvals and employee accountabilities with respect to non-candidacy activities.

Outreach and engagement

Information sessions were delivered to 939 participants:

• sessions open to all employees;
• 59 out of 94 organizations subject to Part 7 of the PSEA took part in sessions.
• small group sessions to newly appointed Designated Political Activities representatives (DPAR); and
• targeted sessions such as to the National Managers’ Community.

Annex A - Delegated authorities

Director General, Staffing Support, Priorities and Political Activities Directorate

Municipal

To grant permission for an employee to:

• seek nomination as, or to be, a candidate before and during the election period;
• make a permission conditional on the employee taking a LWOP at the employee’s request to undertake candidacy related activities.

Former Ministers’ Staff (FMS)

To determine eligibility for the FMS mobility provision of the PSEA.

Former employees of the Secretary to the Governor General (OSGG)

To confirm eligibility for mobility for persons formerly employed in certain excluded positions at the OSGG.

Annex B - Delegated authorities (VP)

Vice-President, Policy and Communications Sector

Provincial/Territorial

To grant permission for an employee to:

• seek nomination as, or to be, a candidate before or during the election period;
• take a leave of absence without pay (LWOP) to be a candidate during the election period; and
• make a permission conditional on the employee taking a LWOP at the employee’s request to undertake candidacy related activities.

Federal/Provincial/Territorial/Municipal

To make the employee's permission conditional on a LWOP pursuant to subsection 114(7) or 115(4) of the PSEA.

To reconsider any previously imposed conditions in light of changes to the employee's circumstances.

Annex C - Authorities retained by the Commission

• Federal candidacy requests;
• Cases with a recommendation of denial;
• Candidacy requests involving a PSC employee;
• Provincial and territorial candidacy requests from the EX group or equivalent;
• Candidacy requests with a recommendation to grant permission conditional on a LWOP for the entire period to which the employee seeks nomination, or if a candidate, before the election period; and
• Precedent setting cases.