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  3. Election 2025: Political activity rights and restrictions

Election 2025: Political activity rights and restrictions

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Update

Wednesday, February 05, 2025

With an early provincial election announced last week, AMAPCEO members may have questions about what rights they have or restrictions they face regarding political activity during an election. Members of units currently in bargaining may also have questions about the impact the election will have on our bargaining process.

Restrictions on political activity

As a professional working in the public service or a public body, your responsibility is to continue to provide professional, neutral, and non-partisan service throughout the election period.  

You also must abide by certain restrictions on your political activity, namely that you must not:

  • engage in political activity in the workplace or while wearing an OPS uniform;
  • use government resources for political activity; or
  • associate your political activity outside the workplace with your public service position.

“Political activity” refers any action or comment in support of or in opposition to a political party or a candidate.

It also encompasses commenting publicly, outside the scope of your position as a public servant, on matters that are directly related to the duties of your position and that are being addressed by a political party or candidate.

These are the overarching restrictions that apply to most employees of the Ontario Public Service and provincial public bodies. Some positions face additional special restrictions. We encourage you to familiarize yourself with the Public Service of Ontario Act (PSOA) and with the resources shared with you by your employer, to understand what restrictions apply to you. If you have questions about your political activity, you can contact the ethics executive in your workplace.

Your rights during an election

Some members have indicated concerns about expressing political opinions at all. However, it is important to know that public servants do have the right to express political opinions—either verbally or on social media—provided you do so outside the workplace, without using employer resources, and without tying your opinion to your role as a public servant.

For example:

“As a policy analyst in the Ontario Public Service, I think Candidate A is the best pick for Ontario”: Whether stated verbally or posted publicly on social media, this comment could put you in violation of the PSOA.

“Candidate B plans to invest in health care and education—as someone caring for both my parents and my school-aged children, they have my vote!”: This comment, stated verbally or posted on social media, would not fall under the political activity restrictions, so long as you are saying it outside the workplace, not posting it using employer internet, and not posting it from a social media profile that identifies your workplace position (i.e. in your personal summary or “bio”).

Most public servants also have the right to participate fully in an election, including to:

  • vote
  • attend an all-candidates meeting
  • attend a riding association meeting
  • be an official member of a political party
  • donate money to a political party or candidate
  • volunteer for a political campaign
  • display a lawn or window sign

Exercise caution in soliciting money for a political candidate or party–if you supervise other public servants or interact with the public and could be perceived by a member of the public as having power over them, you are required to take unpaid leave to do so.

Similarly, you are required to seek unpaid leave if you want to seek office.

If you have any questions, we encourage you to refer to the PSOA or contact your workplace ethics executive.

Caretaker period

As soon as the writs were issued last week, the government entered a “caretaker” period, during which, by convention, the government conducts only routine, urgent, non-controversial, or easily reversible activities, until the election is over and the new government is formed.

This means that throughout the election period, and likely for a few weeks after, there will be a pause on collective bargaining negotiations with the OPS employer and public agency employers.

Rest assured, your union will stay ready to fight for a fair deal that protects Ontario’s public services and the professionals who deliver them. We may even call on you to participate in an event or action prior to resuming bargaining—so keep your eyes on your inbox!

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We would like to acknowledge Tkaronto, a Mohawk word meaning “the place in the water where the trees are standing.”

The AMAPCEO office is on the traditional unceded territory of Haudenosaunee speaking nations, including the Wendat, Seneca and Mohawk. These nations have been here since time immemorial and were in more recent times joined by the Mississaugas of the Credit.

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