Specially Restricted (C02-15/16)

A part-time member of an adjudicative tribunal sought advice from his ethics executive, the chair of the tribunal, whether he was able to continue to engage in political activity. The tribunal member had regularly been involved in partisan political activity prior to his appointment to the tribunal. The ethics executive sought the commissioner’s guidance.

The commissioner advised the ethics executive that appointees to adjudicative tribunals were considered specially-restricted public servants, and therefore were subject to more stringent political activity restrictions than appointees to other public bodies.

The Act provides steps an ethics executive must take to deal with the contravention of political activity rules, including giving direction to an appointee.

The commissioner also advised the chair that the Act permits an ethics executive of a specially-restricted public servant to allow the public servant to be a candidate in a municipal election or to campaign on behalf of a municipal candidate. Furthermore, a part-time member of an adjudicative tribunal could seek authorization from the Conflict of Interest Commissioner to engage in most other kinds of political activity if, in the commissioner’s opinion, such activity did not interfere with the appointee’s public-service duties or conflict with the interest of the tribunal.

PSOA, s.72, 85, 89 & 92.