Being a candidate in the 2019 federal election prior to obtaining the Commission’s permission

Title: Being a candidate in the 2019 federal election prior to obtaining the Commission’s permission

Authority:

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

Issue:

The purpose of this investigation was to determine if the employee failed to comply with subsection 114(1) of the Act by seeking nomination as a candidate in the 2019 federal election prior to obtaining permission from the Commission to do so.

Conclusion:

The investigation concluded that the employee failed to comply with subsection 114(1) of the Act when they launched a campaign website, and a local newspaper printed an article announcing their candidacy before they received the Commission’s permission to seek nomination and be a candidate in the 2019 federal election.

Facts:

An employee requested, and was granted, permission from the Commission to seek nomination, and be a candidate, in the 2019 federal election. However, before receiving permission from the Commission, the employee had launched a website to promote their campaign and a local newspaper article had announced their candidacy. The employee explained that they were under the impression that their website was not “live” prior to receiving the Commission’s permission, and that the newspaper article was released because the initial request to embargo the article had not been extended.

The evidence demonstrated that the employee failed to comply with subsection 114(1) of the Act when they sought nomination as a candidate prior to obtaining the Commission’s permission to do so.

Corrective action:

Following the conclusion of engaging in improper political activity, the Commission ordered that:

• the employee participate in an individual awareness session offered by the Public Service Commission on the political activities regime applicable to federal public servants
  • failure to participate in the awareness session will lead to the dismissal of the employee
• a letter be sent to the employee informing them that they failed to comply with subsection 114(1) of the Act and to remind them of their obligations with regard to the political activities of federal public servants.

Investigation File No.: 20-21-07