Government of New Brunswick
 

Policy Statement


The government of New Brunswick is committed to preserving the public trust which the population has vested in its government. It is imperative that public servants be impartial in the exercise of their powers in the development and implementation of public policy.

Members of the public must be assured their political affiliation is not a consideration in any dealings they may have with public servants.
 

 

Application

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Political Activity of Public Servants applies to
:

  • All personnel employed in those organizations in Part I of the Public Service who are not covered by the Civil Service Act.

Political Activity of Public Servants does not apply to:

 

Person or Employee Responsibility

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No person or employee shall

(a) directly or indirectly use the authority or official influence inherent in the person’s position to control, modify or otherwise influence the political activities of another person,

(b) engage in any form of political activity during working hours, or

(c) at any time engage in a political activity in a manner or to an extent that could result in a perception that the person is not fulfilling the duties and responsibilities of the person’s position impartially or effectively.
 

 

Persons’ or Employees’ Right to Engage OR Refusal to Engage in Political Activity

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No person or employee shall, in any manner, compel someone;

to take part in a political activity or

contribute money to the funds of a

  • candidate in any election, or
  • political party

threaten or discriminate against someone because they

refuse to engage in any political activity or

refuse to contribute money to the funds of a

  • candidate in any election or
  • political party,

OR

engage in political activity or

contribute money to the funds of a

  • candidate in any election or
  • political party.
 

Politically Restricted Employees

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A "politically restricted employee" means a person, who

holds a position having deputy head status

is an employee who occupies a position

  • that is classified in the senior executive group or
  • who has responsibilities equivalent to those of positions classified in the senior executive group

is an employee whose duties and responsibilities as an employee include providing advice, opinions, proposals, recommendations, analyses or policy options to

  • the Premier
  • a Minister
  • Executive Council
  • a member of Executive Council
  • a committee of or a member of a committee of Executive Council
  • a deputy head or Chief Executive Officer

is an employee whose duties and responsibilities as an employee include providing legal advice or other legal services to

  • the Premier
  • a Minister
  • Executive Council
  • a member of Executive Council
  • a committee or a member of a committee of Executive Council
  • a deputy head
  • a Chief Executive Officer or
  • any other employee.
     
 

Determination of "Politically Restricted Employee"

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If an employee and the Chief Executive Officer of the organization in which the employee works do not agree as to whether or not the employee is a "politically restricted employee" as described above, the determination of the Chief Executive Officer shall prevail and be final.
 

 

Restrictions on "Politically Restricted Employee’s" Involvement

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No "politically restricted employee" shall

work for, on behalf of or against

  • a candidate for election as a member of the House of Commons of Canada or a member of the Legislative Assembly, or
  • a registered political party, or

be a candidate for election as a member, as above.
 

 

"Politically Restricted Employee’s" Intention to Participate

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A "politically restricted employee" who intends

to work for, on behalf of or against

  • a candidate or
  • a registered political party or

to be a candidate

shall resign from his or her position effective on or before commencing the work or publicly announcing an intention to run, as the case may be.

A "politically restricted employee"

does not violate this policy and

is not required to resign by reason only of

  • attending a political meeting
  • contributing money for the funds of a candidate for election as a member of the House of Commons of Canada or a member of the Legislative Assembly
  • contributing money for the funds of a registered political party.
     
 

Non "Politically Restricted Employee"

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Employees who are not "politically restricted employees" who intend to run as a candidate in a federal or provincial election shall

apply to the employee’s Chief Executive Officer for, and obtain, a leave of absence without pay:

  • before publicly announcing an intention to run, and
  • before filing nomination papers with the returning officer
     
 

Non "Politically Restricted Employee" may be Granted Leave Without Pay

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The Chief Executive Officer may grant a leave of absence without pay to an employee applying for the purpose of

  • seeking nomination as a candidate and
  • being a candidate in a federal or provincial election.

The leave of absence shall

  • commence no later than the day on which the employee files the nomination papers with the returning officer, and
  • shall terminate on the fourteenth day after the day on which the results of the election to which the leave relates are officially declared.
     
If an employee takes a leave of absence... Then the employee...
is not nominated as or

ceases to be a candidate before the election occurs, and

notifies the Chief Executive Officer in writing at least fourteen days before the leave terminates that he or she wishes both to
- terminate the leave and
- return to the employee’s position earlier than the original termination day
may return to the position
- on another day preceding the original termination day
- if the Chief Executive Officer and the employee agree on such a day.
runs in the election as a candidate and

is not officially declared elected
may return to the employee’s position on a day that is between the day of the declaration and the original termination day

if the Chief Executive Officer and the employee agree on such a day
and is officially declared elected in the election to the
- House of Commons of Canada or
- Legislative Assembly
has their leave terminated and

ceases to be an employee on the day of the declaration.
 

Failure to Comply with this Policy

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A Chief Executive Officer or an employee who violates or fails to comply with a provision of this policy shall be dismissed from the Public Service.
 

 

Benefits Associated with Period of Leave

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The time period during which a leave of absence is taken shall not count as service but, shall not be considered to be a break in service.

An employee who takes a leave of absence may return on the original termination day established for such leave to the same position held by the employee before the leave commenced.
 

 

Authority

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Authority for this policy is as follows:

  • Board of Management Minute 95.0373