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Politically Limited Employee Position Exclusion Regulations

made under subsection 43(1) and Section 45 of the

Civil Service Act

R.S.N.S. 1989, c. 70

O.I.C. 2009-103 (March 3, 2009), N.S. Reg. 53/2009


Citation

1     These regulations may be cited as the Politically Limited Employee Position Exclusion Regulations.


Definitions

2     (1)    In these regulations,

 

                (a)    “Act” means the Civil Service Act;

 

                (b)    “candidate” means a candidate as defined in Section 36 of the Act;

 

                (c)    “election period” means

 

                         (i)     in the case of a federal election, the election period as defined in the Canada Elections Act;

 

                         (ii)    in the case of a Provincial election, the period between

 

                                  (A)   the date the House of Assembly is dissolved or a vacancy occurs that results in a writ for an election eventually being issued, and

 

                                  (B)   the date a candidate is declared elected;

 

                (d)    “politically limited employee” means a politically restricted employee other than the following:

 

                         (i)     a deputy head or chief executive officer of a government department, office, commission or agency,

 

                         (ii)    an employee in a position confidential to and reporting directly to a deputy head or chief executive officer of a government department, office, commission or agency;

 

                (e)    “political party” means a political party as defined in Section 36 of the Act.


Partisan activities

3     (1)    Subject to subsection (2), a politically limited employee may

 

                (a)    engage in partisan work in connection with a federal or Provincial election; and

 

                (b)    contribute or deal with money for a candidate or political party.

 

       (2)    Except during a leave of absence to be a candidate, a politically limited employee must not

 

                (a)    solicit funds for or on behalf of a candidate or political party;

 

                (b)    publish or broadcast media statements of a partisan character that would in any way support or oppose a candidate or political party;

 

                (c)    draft or speak, in a partisan context, on policies directly associated with the politically limited employee’s work, or in any way to support or oppose a candidate or political party;

 

                (d)    canvass as or on behalf of a candidate or political party during working hours;

 

                (e)    display, exhibit, post, supply, distribute, wear or carry, at the politically limited employee’s workplace or during the politically limited employee’s working hours, anything that supports or opposes a candidate or political party, or distinguishes the politically limited employee as a supporter of or a person opposing a candidate or political party.

 

       (3)    A politically limited employee who violates a prohibition in subsection (2) is subject to disciplinary action including dismissal.


Seeking candidacy

4     A politically limited employee may seek nomination as a candidate in a federal or Provincial election before or during the election period only if the politically limited employee has requested and obtained permission from the Commission to do so.


Being a candidate before election period

5     A politically limited employee may be a candidate in a federal or Provincial election before the election period only if the politically limited employee has requested and obtained permission from the Commission to do so.


Granting permission

6     The Commission may grant permission for the purpose of Section 4 or 5 only if it is satisfied that the politically limited employee’s ability to perform his or her duties in a politically impartial manner will not be impaired or perceived to be impaired.


Factors

7     In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the politically limited employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the politically limited employee’s duties and the level and visibility of the politically limited employee’s position.


Conditions

8     The Commission may make permission under Section 4 or 5 conditional on the politically limited employee taking a leave of absence without pay for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be.

 

Leave of absence for politically limited employee                                                                

9     A politically limited employee who has obtained permission from the Commission to be a candidate in a federal or Provincial election must apply for a leave of absence without pay from the Commission for the election period and the leave of absence must be granted.


Subsections 40(3) to 40(9) of the Act apply to politically limited employee

10   Subsections 40(3) to 40(9) of the Act, respecting the term of a leave of absence and the entitlements of an employee during and after a leave of absence, apply with the necessary changes in detail to a politically limited employee.