Elections and Political Activity. NSM LHIN Board of Directors January 22, 2018

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1 Elections and Political Activity NSM LHIN Board of Directors January 22, 2018

2 Role of the Public Service Oversee the uninterrupted delivery of programs and services during an election campaign Obligation to provide professional, neutral and non-partisan service, Public Service of Ontario Act 2

3 Caretaker Role of Government During an Election Caretaker period commences with the dissolution of the Legislative Assembly and continues until the swearing-in of a new or returning government Government addresses only very routine or urgent issues No new policy or program initiatives Restricts ongoing work, consultations, announcements and events Regulations should not be filed 3

4 Assessment of Work During Caretaker Period Is the proposed work truly routine or urgent? Is there a potential for the work to be raised as a political issue during the writ period? Do any of the next steps require further political decision or direction? Would the work limit or impair the decision-making freedom of a future government? Would a future government agree the work was necessary during the writ period? 4

5 Communications Protocols Communications may proceed in the following situations: Statutory Emergency Public health Revenue-generating Seasonal Agency mandate 5

6 Communications Protocols Communications activities should not include a quote or message from an MPP, minister or the premier Approvals process for communications remains in effect Statutory obligation to respond to all Freedom of Information and Protection of Privacy Act requests within 30 days is not altered by an election call 6

7 LHIN Guidelines The LHIN will continue with operations, activities and planning related to approvals that have been received LHINs need to adhere to the communications protocols, which limits communications with the public 7

8 Political Activity 8

9 Public Service of Ontario Act, 2006 Public servants include: Every person employed under part III of PSOA (ministry employees and employees of Commission public bodies) the Secretary of the Cabinet Every deputy minister Every employee of a public body Every person appointed by the Lieutenant Governor in Council, the Lieutenant Governor or minister to a public body 9

10 Political Activity A public servant engages in political activity when he or she: does anything in support of or in opposition to, a federal or provincial political party does anything in support of or in opposition to, a candidate in a federal, provincial or municipal election is or seeks to become a candidate in a federal, provincial or municipal election comments 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. 10

11 Prohibited Political Activity Public servants cannot: engage in political activity in the workplace engage in political activity while wearing a uniform associated with a position in the public service of Ontario use government premises, equipment or supplies when engaging in political activity associate his or her position with political activity (except while on a leave and as necessary to identify his/her position and work experience if he/she is seeking to be a candidate or is a candidate in a federal or provincial or municipal election). 11

12 Restricted Political Activity Public servants may engage in certain activities only if they are on an unpaid leave of absence from their public service positions when they do so. These restricted political activities include: Becoming or seeking to become a candidate in a federal or provincial election during an election period Soliciting funds for a political party or candidate (applies to public servants who supervise others or deal directly with members of the public) Political activity that could interfere with the public servant s duties Political activity that could conflict with the interests of the Crown (in the case of a ministry employee) or a public body (in the case of a public body employee) 12

13 Engaging in Political Activity Municipal Elections A public servant who wishes to engage in political activity must apply to their ethics executive An unpaid leave of absence may be granted If elected to municipal office, employment (appointment) may be terminated if it is determined that the responsibilities in the municipal office would: o Interfere with the performance of duties as a public servant o Conflict with the interests of the public body 13

14 Ethics Executive Ethics executives have the following responsibilities related to political activity: Providing advice about the political activity rights that apply to an employee/appointee Determining whether a public servant can take part in political activity and imposing necessary conditions Considering requests for unpaid leave of absence 14

15 Ethics Executive Public Servant Chairs of public bodies Public body appointees Chief Executive Officer Public body employees Ethics Executive Conflict of Interest Commissioner Chair of public body Chair of public body Chief Executive Officer 15

16 Additional Resources Public Service of Ontario Act, Office of the Conflict of Interest Commissioner 16