A ministry employee was a candidate in a municipal election. Advice was sought as to whether the employee could stand for election, and whether if successful they would have to take a leave of absence from the public service for the duration of the term of office, and if not, whether the employee’s work as a municipal councillor would present a conflict of interest with their public service duties.
Since the employee was not a specially restricted public servant they were permitted to be a candidate in a municipal election. However, section 79 of the Public Service of Ontario Act says that public servants shall not engage in political activity if doing so could conflict with the interests of the Crown or interfere with the public servant’s performance of their duties, unless a public servant has been granted an unpaid leave of absence under section 80. The employee’s ministry had only limited interaction with the municipality in question and the employee’s duties did not include any decision-making regarding the ministry’s relationship with the municipality. Being a municipal councillor would only involve about ten hours of work weekly, outside of the employee’s regular hours. Therefore, it was determined that serving as councillor did not conflict with the interests of the Crown or interfere the public servant’s duties and that a leave of absence was not required.
PSOA s. 77 & 79.