Human Resources Manual - 001d - Conflict of Interest - Political Activity

1. If engaging in political activities, employees must be able to maintain impartiality in relation to their duties and responsibilities.
2. To ensure continued public confidence in the impartiality and integrity of the public service the Code of Conduct Respecting Conflict of Interest and Oath of Office and Secrecy for the Employees of the Government of the Northwest Territories identifies standards of conduct for GNWT public service employees in the execution of their duties, and in specific areas once an employee terminates their employment. It also outlines what steps employees should take to ensure they do not place themselves in a situation that can be perceived as a conflict of interest.
   

3. These guidelines apply to all employees in the Territorial public service.

4. Code means the Code of Conduct Respecting Conflict of Interest and Oath of Office and Secrecy for the Employees of the Government of the Northwest Territories.
5. Conflict of interest exists where there is an actual or perceived incompatibility between an employee’s duties and responsibilities of office and the private interests of the employee or an immediate family member which can include but is not limited to pecuniary interests including investments and business involvements; outside employment; service, whether voluntary or otherwise, on a board, council or committee or other organization; and personal relationships, including immediate family and spouse.
6. Candidate means a candidate as defined in the NWT Elections Act or the Canada Elections Act as applicable.
7. Official agent means an official agent as defined in the NWT Elections Act or the Canada Elections Act as applicable.
8. Political party means a registered political party as defined in the Canada Elections Act or an unregistered political party functioning in the Northwest Territories to achieve political aims.
9. Territorial riding association is the Territorial association of a political party.
   

10. Employees must perform official duties and arrange private affairs so public trust in the integrity and objectivity of the Government is conserved and strengthened.
11. Employees must arrange their personal affairs so there is no contravention of the Code. Within the constraints established in the Public Service Act and the Code, employees are free to participate in political activities, including belonging to a political party, supporting a candidate for elected office and actively seeking elected office, as long as the political activities are clearly separated from the activities related to his or her employment. Employees are responsible for making sure there are no conflicts of interest.
12. Employees are prohibited from:
    1. personally soliciting funds for a territorial political party or candidate;
    2. engaging in any political activity for or on behalf of a territorial, provincial or federal political party or a candidate during working hours;
    3. using the premises, air charters, supplies, equipment or services belonging to or in the possession of the GNWT for the purposes of any political activity, unless the premises are leased residential premises;
    4. displaying or distributing territorial, provincial or federal campaign literature or other promotional material in any office or premises belonging to or in the possession of the GNWT, unless the premises are leased residential premises;
    5. being a candidate in a federal, provincial or territorial election, unless on a leave of absence granted by the Minister of Human Resources for that purpose;
    6. serving as an official agent for a candidate or as an executive officer of a territorial political party or territorial riding association; or
    7. intentionally using or attempting to use their position to affect the political activity of any other person.
13. Employees are not in violation of paragraph 12 above, merely because they attend political meetings, are members of a political party or contribute money to any political candidate or party.
14. Employees in specific positions (see #86 and #88 of the Code) are also prohibited from:
    1. publicly expressing views on any matter that forms part of the platform of a territorial or federal political party of candidate, including any criticism of candidates, positions or policies;
    2. attending any meeting of a territorial or federal political party as a voting delegate;
    3. serving as executive officer of a federal political party, riding or association; or
    4. campaigning on behalf of or otherwise actively work in support of a territorial or federal political party or candidate.
15. Employees must submit a written application requesting a leave of absence without pay to seek nomination as a candidate and to be a candidate for election.
16. An employee who is declared elected as a Member of the Legislative Assembly of the Northwest Territories or of the House of Commons of Canada ceases to be an employee.
17. An employee who contravenes any section of the Code may be subject to disciplinary action up to and including dismissal.
18. All allegations or complaints from the public regarding employees' political activities will be referred to the appropriate Deputy Head and are directed to the Minister of Human Resources.
19. If, as a result of an investigation, the Minister of Human Resources is convinced that an employee has contravened the Code, the Minister takes appropriate disciplinary action.

20. All employees shall receive a copy of the Code when hired.
21. When engaging in political activities that may conflict in a manner that is real or perceived with employment duties or that compromise the interests of the Government, employees must make written disclosure to the Deputy Head.
22. In circumstances when it is not clear whether an employee may enter into a political activity, the employee shall notify the Deputy Head in writing of the nature of the intended political activity and seek approval. If permission is withheld, the employee shall be notified in writing.
23. A leave of absence without pay must be obtained from the Minister of Human Resources before an employee can seek nomination as a candidate in a federal or territorial election. An employee must apply in writing for this leave to the Deputy Head.
24. The leave of absence without pay shall begin prior to an employee's declaration of candidacy and end on the day the results of the election are officially declared or an earlier date as may be requested by an employee who has ceased to be a candidate.
25. The Deputy Head forwards the leave application to the Deputy Minister of Human Resources and a brief is prepared for consideration by the Minister of Human Resources.
26. Once the leave is approved by the Minister of Human Resources, the Department of Human Resources arranges to publish a notice that the employee was granted a leave of absence in the “Northwest Territories Gazette” and a widely distributed Northwest Territories newspaper as follows:
    1. The Department of Human Resources submits a written request to the Department of Justice to publish a notice in the “Northwest Territories Gazette”; and
    2. The Department of Human Resources prepares and submits a notice to the appropriate newspapers.
27. Employees who are elected to a federal, provincial or territorial office shall resign their employment, effective the day of the election.
28. Employees, who seek election and are not elected, are entitled to return to the same or similar employment, effective the day after the election.
29. Where a Deputy Head seeks to prohibit an employee’s actions under the provisions of the Code, the employee has the right to request a review of that decision to the Deputy Minister of Human Resources. In the case of employees of the Department of Human Resources, a review request can be made to the Secretary to Cabinet.
30. Should an employee not agree with any decisions or actions taken as a result of the application of the Code, the employee may access the grievance process contained in the appropriate collective agreement or the Public Service Act.
    

Canada Elections Act

Public Service Act
Section 34, Political Partisanship

Public Service Regulations
Section 49, General
Section 50, Mayor of Municipality

NWT Elections and Plebiscites Act
Section 1, Definitions
Section 168 (2.1), Maximum Contribution
Section 179 (1), Return Respecting Election Contributions and Expenses

Code of Conduct
Political Activity