Politically Limited Employee Position Exclusion Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/cspolltd.htm

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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 ExclusionRegulations.

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 theCanada 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 occursthat 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 otherthan 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 adeputy 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 employeemust 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 anyway support or oppose a candidate or political party;

 

                (c)    draft or speak, in a partisan context, on policies directly associated with thepolitically limited employee’s work, or in any way to support or oppose acandidate 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 limitedemployee’s workplace or during the politically limited employee’s workinghours, anything that supports or opposes a candidate or political party, ordistinguishes the politically limited employee as a supporter of or a personopposing a candidate or political party.

 

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

Seeking candidacy

4     A politically limited employee may seek nomination as a candidate in a federal orProvincial election before or during the election period only if the politically limitedemployee 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 electionbefore the election period only if the politically limited employee has requested andobtained 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 issatisfied that the politically limited employee’s ability to perform his or her duties in apolitically 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 beperceived as impairing the politically limited employee’s ability to perform his or herduties in a politically impartial manner, the Commission may take into considerationfactors such as the nature of the election, the nature of the politically limited employee’sduties 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 politicallylimited employee taking a leave of absence without pay for the period or any part of theperiod in which he or she seeks nomination as a candidate, or for the period or any part ofthe 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 acandidate in a federal or Provincial election must apply for a leave of absence without payfrom 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 theentitlements of an employee during and after a leave of absence, apply with the necessarychanges in detail to a politically limited employee.