Rights of persons in unrestricted category
28.4(1)A Crown employee who does not belong to the restricted category described in subsection 28.3 (3) is entitled to engage in political activity without restriction, subject only to section 28.1 and to the following exceptions: 1. A Crown employee may be a candidate, seek to be nominated as a candidate or campaign on behalf of a candidate in a municipal election without taking leave of absence and may hold municipal office, but only if 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. 2. A Crown employee may be a candidate in a federal or provincial election only while on leave of absence granted under subsection (4). 3. A Crown employee who belongs to one of the categories described in subsection (2) may solicit funds on behalf of a federal or provincial political party or candidate only while on leave of absence granted under subsection (4). 4. A civil servant may comment publicly and outside the scope of the duties of his or her position on matters that are directly related to those duties and that are dealt with in the positions or policies of a federal or provincial political party or in the positions publicly expressed by a candidate in a federal or provincial election only while on leave of absence granted under subsection (4). Special categories (2)Paragraph 3 of subsection (1) applies to, (a) Crown employees whose duties include supervising other Crown employees; (b) Crown employees whose duties include dealing face-to-face with members of the public and who are likely to be perceived by those members of the public as persons able to exercise power over them. Application for leave of absence (3)A Crown employee who does not belong to the restricted category and wishes to be a candidate or to seek to be nominated as a candidate in a federal, provincial or municipal election or to campaign on behalf of a candidate may apply to his or her deputy minister for leave of absence without pay. Deputy minister (4)The deputy minister shall grant the application. Exception (5)If the Crown employee is employed in an agency, board or commission, subsections (3) and (4) 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. Same (6)However, the Lieutenant Governor in Council may, by order, delegate to the head of an agency, board or commission the power of granting applications made under subsection (3) by Crown employees employed in the agency, board or commission, and in that case applications shall be made to the head. Same (7)If the Crown employee is a part-time head, vice-chair or member of an agency, board or commission, subsections (3) and (4) 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. Same (8)If the Crown employee is an officer or other member of the Ontario Provincial Police, subsections (3) and (4) apply as if references to the employee’s deputy minister were references to the Commissioner. 1993, c. 38, s. 63 (5).