Rights of persons in restricted category
28.3 (1) A Crown employee who belongs to the restricted category described in subsection (3) is entitled to, (a) vote in federal, provincial and municipal elections; (b) contribute money to federal and provincial political parties and to federal, provincial and municipal candidates; (c) be a member of a federal or provincial political party; (d) attend all-candidates meetings; (e) be a candidate, seek to be nominated as a candidate or campaign on behalf of a candidate in a municipal election, but only with the approval of the employee’s deputy minister; and (f) hold a municipal office, but only with the approval of the employee’s deputy minister. 1993, c. 38, s. 63 (5). Prohibition (2) A Crown employee who belongs to the restricted category shall not engage in political activity other than as described in subsection (1). 1993, c. 38, s. 63 (5). Membership in restricted category (3) The following Crown employees belong to the restricted category: 1. Deputy ministers and persons with the rank or status of deputy ministers. 2. Members of the Ontario Public Service Senior Management Group. 3. Full-time heads, vice-chairs and members of agencies, boards and commissions. 4. Commissioned officers and detachment commanders of the Ontario Provincial Police. 5. Crown employees who hold a Crown Counsel 5 position except as otherwise prescribed by the regulations. 1993, c. 38, s. 63 (5); 2001, c. 7, s. 13. Application for approval (4) A Crown employee who belongs to the restricted category and wishes to be a candidate, seek to be nominated as a candidate or campaign on behalf of a candidate in a municipal election or wishes to hold a municipal office may apply to his or her deputy minister for approval. 1993, c. 38, s. 63 (5). Application for leave of absence (5) A Crown employee who belongs to the restricted category and wishes to be a candidate, seek to be nominated as a candidate or campaign on behalf of a candidate in a municipal election may apply to his or her deputy minister for leave of absence without pay. 1993, c. 38, s. 63 (5). Deputy minister (6) The deputy minister shall grant the application for leave or approval if he or she is of the opinion that the activity or office would not interfere with the performance of the employee’s duties and would not conflict with the interests of the Crown. 1993, c. 38, s. 63 (5). Exception (7) If the Crown employee is himself or herself a deputy minister or the Commissioner of the Ontario Provincial Police, subsections (4), (5) and (6) apply as if references to the employee’s deputy minister were references to the Lieutenant Governor in Council. 1993, c. 38, s. 63 (5). Same (8) If the Crown employee is a full-time head, vice-chair or member of an agency, board or commission, subsections (4), (5) and (6) apply as if references to the employee’s deputy minister were references to the Lieutenant Governor in Council, and the application shall be made through the appropriate minister. 1993, c. 38, s. 63 (5). Same (9) If the Crown employee is an officer of the Ontario Provincial Police, subsections (4), (5) and (6) apply as if references to the employee’s deputy minister were references to the Commissioner. 1993, c. 38, s. 63 (5).