The Manitoba Government and General Employees Union

Requirements and Rights to Participate in a Campaign

Candidates

According to The Elections Act, an individual is eligible to run as a candidate in a Provincial election if he or she:

• is at least 18 years of age on election day;
• is a Canadian citizen;
• has resided in Manitoba for at least six months immediately prior to election day;
• is not acting as an election officer, revising officer or enumerator, under this Act in respect of the election; and
• has not become under any law incapacitated from sitting in the Assembly or in the Legislature of any province of Canada or in the House of Commons of Canada on account of having been found guilty of a practice or act which would constitute an election offence if practised or committed in respect of an election under this Act.

To be a candidate in an election, you must be a qualified voter and must file official nomination papers with your Returning Officer before 1 p.m. on the closing day for nominations. The nomination papers must include the signatures of 100 or more persons eligible to vote in the your electoral division.

Employers must give unpaid leave to employees who are candidates. Failure by the employer to grant unpaid leave is an election offence, unless the employer is able to prove (through application to the Manitoba Labour Board) that the leave would be seriously detrimental to her/his operations. After the leave, the employee must be reinstated at the same level of pay, benefits and seniority.

How does an employee make the request for unpaid leave?
A request for leave must be made in writing to the employer not less than 5 days before the requested leave is to take effect.

How does an employer request an exemption?
The employer must apply in writing to the Chairperson of the Manitoba Labour Board within 3 days after receiving a request for leave.

Who decides on an exemption?
Once an application is received, the Chairperson of the Manitoba Labour Board and the Chief Electoral Officer together appoint a person to decide, on an urgent basis, the application.

Campaign Supporters

Similar to candidates, employers must give unpaid leave to employees who are volunteers working for political parties or candidates. The supporter must be named as an election volunteer by a candidate (not more than 2 per candidate), or a registered political party (during a general election not more than 20).

The same requirements apply to unpaid leave for campaign supporters as those detailed in the previous section for candidates.

Civil Servants

All civil servants, with the exception of Deputy Ministers, have the right to be active politically as long as they do not reveal any information or matter concerning the Department, Branch or Agency in which they are employed, or information, which comes to their knowledge solely by virtue of their employment.

Provisions under The Civil Service Act permit a person to:

• seek nomination;
• support a candidate or political party;
• speak or write on behalf of the candidate or political party.
  

The provisions exclude or prohibit a person from:

• soliciting funds for a political party or candidate;
• coercing or intimidating an employee into supporting or not supporting a candidate or political party.
  

Summary:
If, as a civil servant, you choose to exercise your political rights, you must do so outside of regular working hours or on your own time. You may use approved vacation, banked overtime/compensatory leave or leave of absence without pay for this purpose.

If you intend to become a candidate for an election, you must apply to your Minister for a leave of absence without pay.

If you are successful in your nomination bid, you are entitled to leave of absence from the date the election writ is issued up to 90 days after the day on which the election results are officially declared.

If you are unsuccessful in securing the nomination, you are required to take a leave of absence for a period not shorter than that commencing on the day on which the writ for the election is issued and ending on the day fixed by law for the nomination of candidates. All such requests for leave shall be granted.

If elected, you will be granted a leave of absence without pay for a period not exceeding 5 years from the date of the election.

If you are not elected, you may apply for reinstatement within 90 days of the date election results are officially declared and shall be reinstated to the position held immediately prior to the leave of absence.

More information can be found in The Civil Service Act. Questions may be referred to the Civil Service Commission: 945-2332 (Winnipeg callers); or toll free: 1-800-282-8069, ext. 2332 (outside Winnipeg).