jswizzle3737/ontario_laws_and_regs huggingface dataset:
69 (1) A public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister’s office may request that his or her ethics executive determine a question about the application of conflict of interest rules to the public servant or former public servant.  2006, c. 35, Sched. A, s. 69 (1). Same (2) A supervisor of a public servant who works in a minister’s office may request that the public servant’s ethics executive determine a question about the application of conflict of interest rules to the public servant.  2006, c. 35, Sched. A, s. 69 (2). Duty to notify (3) If a public servant or a former public servant who works or, immediately before ceasing to be a public servant, worked in a minister’s office has personal or pecuniary interests that could raise an issue under the conflict of interest rules that apply to him or her, the public servant or former public servant shall notify his or her ethics executive.  2006, c. 35, Sched. A, s. 69 (3). Inquiries (4) The ethics executive may make such inquiries as he or she considers appropriate in response to a request, a notification or where the ethics executive has concerns that a conflict of interest rule has been or is about to be contravened by a public servant or a former public servant who works or, immediately before ceasing to be a public servant, worked in a minister’s office.  2006, c. 35, Sched. A, s. 69 (4). Determinations and directions (5) The ethics executive shall, (a)  make a determination with respect to any matter that is brought to his or her attention under subsections (1) to (3) or that is the subject of inquiry under subsection (4); and (b)  in the case of a determination that there is a conflict of interest or potential conflict of interest, give the public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister’s office directions, if any, that the ethics executive considers appropriate to address the conflict of interest or potential conflict of interest.  2006, c. 35, Sched. A, s. 69 (5). Compliance with direction (6) A public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister’s office shall comply with a direction of the ethics executive.  2006, c. 35, Sched. A, s. 69 (6). Notice to minister (7) The ethics executive shall notify the minister if the ethics executive, (a)  makes a determination under subsection (5) that a public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister’s office has a conflict of interest or potential conflict of interest; or (b)  gives a direction under subsection (5) to a public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister’s office.  2006, c. 35, Sched. A, s. 69 (7). Penalty
70 A public servant who contravenes a conflict of interest rule applicable to him or her or who contravenes a direction under section 65 or 69 is subject to disciplinary measures, including suspension and dismissal.  2006, c. 35, Sched. A, s. 70. Regulations
71 (1) The Lieutenant Governor in Council may make regulations, (a)  establishing conflict of interest rules for public servants and former public servants who work or, immediately before ceasing to be a public servant, worked in a ministry, other than in a minister’s office, for the purposes of section 57; (b)  Repealed:  2009, c. 33, Sched. 17, s. 10 (12). (c)  establishing conflict of interest rules for public servants and former public servants who work or, immediately before ceasing to be a public servant, worked in a minister’s office, for the purposes of section 66; (d)  prescribing powers, duties and functions of an ethics executive in relation to conflict of interest matters, in addition to those provided under this Act; (e)  respecting procedures to be followed in connection with this Part.  2006, c. 35, Sched. A, s. 71 (1); 2009, c. 33, Sched. 17, s. 10 (12). Same, Minister (1.1) The minister responsible for the administration of this Act may make regulations prescribing individuals for the purposes of paragraph 3 of subsection 62 (1).  2009, c. 33, Sched. 17, s. 10 (13). Scope of regulations (2) Regulations made under this section may be general or particular in their application.  2006, c. 35, Sched. A, s. 71 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 10 (12, 13) - 15/12/2009 part v   political activity Interpretation
72 For the purposes of this Part, a public servant engages in political activity when, (a)  the public servant does anything in support of or in opposition to a federal or provincial political party; (b)  the public servant does anything in support of or in opposition to a candidate in a federal, provincial or municipal election; (c)  the public servant is or seeks to become a candidate in a federal, provincial or municipal election; or (d)  the public servant comments publicly and outside the scope of the duties of his or her position on matters that are directly related to those duties and that are dealt with in the positions or policies of a federal or provincial political party or in the positions or policies publicly expressed by a candidate in a federal, provincial or municipal election.  2006, c. 35, Sched. A, s. 72.
73 (1) For the purposes of this Part, the ethics executive for a public servant is, (a)  in the case of a public servant who works in a minister’s office, the Integrity Commissioner; (b)  in the case of any other public servant, his or her ethics executive determined under subsection 62 (1).  2006, c. 35, Sched. A, s. 73 (1). Same (2) Subsection 62 (2) applies to the deputy minister of the Ministry of Community Safety and Correctional Services as ethics executive with respect to members of the Ontario Provincial Police.  2006, c. 35, Sched. A, s. 73 (2). Rules for Political Activity of Most Public Servants
74 Sections 75 to 84 apply to public servants other than, (a)  specially restricted public servants within the meaning of subsection 85 (2); or (b)  public servants who work in a minister’s office.  2006, c. 35, Sched. A, s. 74.
75 A public servant is entitled to engage in political activity, subject to the restrictions set out under this Part.  2006, c. 35, Sched. A, s. 75.
76 A public servant is entitled to decline to engage in political activity.  2006, c. 35, Sched. A, s. 76.
77 A public servant shall not, (a)  engage in political activity in the workplace; (b)  engage in political activity while wearing a uniform associated with a position in the public service of Ontario; (c)  use government premises, equipment or supplies when engaging in political activity; or (d)  associate his or her position with political activity, except if the public servant is or is seeking to become a candidate in a federal, provincial or municipal election, and then only to the extent necessary to identify the public servant’s position and work experience.  2006, c. 35, Sched. A, s. 77.
78 In sections 79 to 82, “election period” means, (a)  in respect of a political activity that relates to a federal or provincial election, the period starting on the day that a writ is issued for the election and ending on the polling day for the election, (b)  in respect of a political activity that relates to a municipal election, the period starting 60 days before the polling day for the election and ending on the polling day for the election.  2006, c. 35, Sched. A, s. 78.
79 (1) Subject to subsection (2), unless a public servant has been granted an unpaid leave of absence under section 80, he or she shall not, (a)  be or seek to become a candidate in a federal or provincial election; (b)  solicit funds on behalf of a federal or provincial party or a federal, provincial or municipal candidate if his or her duties include, (i)  supervising other public servants, or (ii)  dealing directly with members of the public if those members of the public may perceive him or her as a person able to exercise power over them; (c)  comment publicly, outside the scope of his or her duties as a public servant, on matters that are directly related to those duties and that are addressed in the policies of a federal or provincial party or in the policies of a candidate in a federal, provincial or municipal election; (d)  engage in political activity if doing so could interfere with the performance of his or her duties as a public servant; or (e)  engage in political activity if doing so could conflict with, (i)  in the case of a public servant who works in a ministry, the interests of the Crown, (ii)  in the case of a public servant who works in a public body, the interests of the public body.  2006, c. 35, Sched. A, s. 79 (1). Exception (2) A public servant who is or seeks to become a candidate in a federal or provincial election at any time other than during an election period is not required to be on an unpaid leave of absence to do so, if his or her ethics executive determines under subsection 80 (3) that a leave is not necessary in the circumstances.  2006, c. 35, Sched. A, s. 79 (2).
80 (1) A public servant who wishes to engage in political activity described in subsection 79 (1) may apply under this section to his or her ethics executive and the application shall specify the political activity.  2006, c. 35, Sched. A, s. 80 (1). Same (2) Subject to subsection (3), on receiving the application, the ethics executive, (a)  shall grant the public servant an unpaid leave of absence, in the case of an application to engage in political activity during an election period; and (b)  may grant the public servant an unpaid leave of absence, in the case of an application to engage in political activity at a time other than during an election period, if the ethics executive considers it appropriate to do so.  2006, c. 35, Sched. A, s. 80 (2). Same (3) In the case of an application to be or seek to become a candidate in a federal or provincial election at a time other than during an election period, the ethics executive shall determine whether an unpaid leave of absence is necessary in the circumstances and, if it is necessary, shall grant the leave.  2006, c. 35, Sched. A, s. 80 (3).
81 (1) A public servant may apply under this section to his or her ethics executive for an unpaid leave of absence for the purposes of engaging in political activity other than political activity that is prohibited under section 77 or restricted under subsection 79 (1).  2006, c. 35, Sched. A, s. 81 (1). Same (2) On receiving the application, the ethics executive, (a)  shall grant the public servant an unpaid leave of absence, in the case of an application to engage in political activity during an election period; and (b)  may grant the public servant an unpaid leave of absence, in the case of an application to engage in political activity at a time other than during an election period, if the ethics executive considers it appropriate to do so.  2006, c. 35, Sched. A, s. 81 (2).
82 If an unpaid leave of absence is granted under section 80 or 81, the following rules apply to the length of the leave: 1.  A leave of absence granted to enable a public servant to engage in political activity during an election period shall not begin earlier than the beginning of the election period and shall not end later than the end of the election period. 2.  A leave of absence granted to enable a public servant to engage in political activity other than during an election period shall begin and end in accordance with the regulations under clause 107 (1) (a) or, if no regulation applies in respect of the leave, on dates determined by the ethics executive to be appropriate in the circumstances.  2006, c. 35, Sched. A, s. 82.
83 The period of an unpaid leave granted under section 80 or 81 shall not be counted in determining the length of the public servant’s service, but the service before and after the period of leave is deemed to be continuous for all purposes.  2006, c. 35, Sched. A, s. 83. Role of ethics executive
85 (1) Sections 86 to 93 apply to specially restricted public servants within the meaning of subsection (2).  2006, c. 35, Sched. A, s. 85 (1). Specially restricted public servants (2) The following are specially restricted public servants: 1.  Repealed: 2018, c. 17, Sched. 35, s. 10. 2.  The Secretary of the Cabinet. 3.  Every deputy minister or associate deputy minister in a ministry. 4.  Every assistant deputy minister in a ministry. 5.  Every director in a ministry. 6.  Every deputy director of a legal services branch of a ministry. 7.  Every Crown Attorney. 8.  Every commissioned officer and detachment commander in the Ontario Provincial Police. 9.  Every government appointee who is a member of a tribunal prescribed under clause 107 (1) (b). 10.  A public servant in a class prescribed under clause 107 (1) (c).  2006, c. 35, Sched. A, s. 85 (2); 2018, c. 17, Sched. 35, s. 10. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 10 - 01/05/2019
86 A specially restricted public servant shall not engage in political activity except as permitted under this Part.  2006, c. 35, Sched. A, s. 86.
87 A specially restricted public servant is entitled to decline to engage in political activity.  2006, c. 35, Sched. A, s. 87.
88 In engaging in political activity that is permitted under section 89, 90 or 92, a specially restricted public servant shall not, (a)  engage in political activity in the workplace; (b)  engage in political activity while wearing a uniform associated with a position in the public service of Ontario; (c)  use government premises, equipment or supplies when engaging in political activity; (d)  associate his or her position with political activity, except if the public servant is or is seeking to become a candidate in a federal, provincial or municipal election, and then only to the extent necessary to identify the public servant’s position and work experience; or (e)  engage in political activity if doing so could interfere with the performance of his or her duties as a public servant.  2006, c. 35, Sched. A, s. 88.
89 (1) A specially restricted public servant may, (a)  vote in a federal, provincial or municipal election; (b)  contribute money to a federal or provincial party or to a federal, provincial or municipal candidate; (c)  be a member of a federal or provincial party; and (d)  attend an all-candidates meeting.  2006, c. 35, Sched. A, s. 89 (1). Limitation (2) Clauses (1) (b) and (c) do not apply to the Secretary of the Cabinet or a deputy minister.  2006, c. 35, Sched. A, s. 89 (2); 2018, c. 17, Sched. 35, s. 11. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 11 - 01/05/2019
90 (1) A specially restricted public servant, if authorized under subsection (4), may, (a)  be or seek to become a candidate in a municipal election; (b)  campaign on behalf of a candidate in a municipal election.  2006, c. 35, Sched. A, s. 90 (1). Authorization (2) A specially restricted public servant who wishes to engage in political activity described in subsection (1) may apply under this section for authorization.  2006, c. 35, Sched. A, s. 90 (2). Same (3) The application shall specify the political activity for which authorization is sought and shall be made to the ethics executive for the specially restricted public servant.  2006, c. 35, Sched. A, s. 90 (3). Same (4) On receiving the application, the ethics executive shall make such inquiries as he or she considers appropriate and shall authorize the specially restricted public servant to engage in all or some of the political activity specified in the application if, in the opinion of the ethics executive, the activities would not interfere with the performance of the public servant’s duties and, (a)  in the case of a public servant who works in a ministry, would not conflict with the interests of the Crown; (b)  in the case of a public servant who works in a public body, would not conflict with the interests of the body.  2006, c. 35, Sched. A, s. 90 (4). Same (5) In granting an authorization, an ethics executive may impose any conditions and restrictions that he or she considers appropriate in the circumstances, including requiring the specially restricted public servant to be on an unpaid leave of absence.  2006, c. 35, Sched. A, s. 90 (5). Same (6) If, in granting an authorization, an ethics executive requires that a specially restricted public servant be on an unpaid leave of absence, the leave of absence shall begin and end in accordance with the regulations under clause 107 (1) (a) or, if no regulation applies in respect of the leave, on dates determined by the ethics executive to be appropriate in the circumstances.  2006, c. 35, Sched. A, s. 90 (6).
91 The period of an unpaid leave granted under section 90 shall not be counted in determining the length of the public servant’s service, but the service before and after the period of leave is deemed to be continuous for all purposes.  2006, c. 35, Sched. A, s. 91.
92 (1) This section applies to specially restricted public servants who are part-time government appointees.  2006, c. 35, Sched. A, s. 92 (1). Authorization (2) A public servant described in subsection (1) may apply under this section for authorization to engage in any political activity that is not permitted to him or her under section 89, other than, (a)  political activity that is prohibited under section 88; or (b)  political activity for which he or she may seek authorization under section 90.  2006, c. 35, Sched. A, s. 92 (2). Same (3) The application shall specify the political activity and shall be made to the Integrity Commissioner.  2006, c. 35, Sched. A, s. 92 (3); 2018, c. 17, Sched. 35, s. 14. Same (4) On receiving the application, the Integrity Commissioner shall make such inquiries as he or she considers appropriate and shall authorize the public servant to engage in all or some of the political activity specified in the application if in the opinion of the Commissioner the activities would not, (a)  interfere with the performance of the public servant’s duties; or (b)  conflict with the interests of the public body to which the public servant is appointed.  2006, c. 35, Sched. A, s. 92 (4); 2018, c. 17, Sched. 35, s. 14. Same (5) In forming an opinion under subsection (4), the Integrity Commissioner shall consider the following: 1.  The nature of the political activity specified in the application. 2.  The scope of the discretion exercised by the public servant in his or her work, if the exercise of the discretion could reasonably be perceived to be affected by political considerations. 3.  The visibility of the public servant’s position. 4.  Such other factors as the Commissioner considers appropriate.  2006, c. 35, Sched. A, s. 92 (5); 2018, c. 17, Sched. 35, s. 14. Same (6) In granting an authorization, the Integrity Commissioner may impose any conditions and restrictions that he or she considers appropriate in the circumstances, including requiring the public servant to be on an unpaid leave of absence.  2006, c. 35, Sched. A, s. 92 (6); 2018, c. 17, Sched. 35, s. 14. Same (7) If in granting an authorization the Integrity Commissioner requires that a public servant be on an unpaid leave of absence, the leave shall begin and end, (a)  in accordance with the regulations under clause 107 (1) (a); or (b)  if no regulation applies in respect of the leave, on dates determined by the Integrity Commissioner to be appropriate in the circumstances.  2006, c. 35, Sched. A, s. 92 (7); 2018, c. 17, Sched. 35, s. 14. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 14 - 01/05/2019 Role of ethics executive
94 Sections 95 to 98 apply to public servants who work in a minister’s office.  2006, c. 35, Sched. A, s. 94.
95 A public servant who works in a minister’s office is entitled to engage in political activity, subject to the restrictions set out under this Part.  2006, c. 35, Sched. A, s. 95.
96 A public servant who works in a minister’s office is entitled to decline to engage in political activity, unless the political activity is related to the performance of a ministerial power, duty or function.  2006, c. 35, Sched. A, s. 96.
97 A public servant who works in a minister’s office shall not, (a)  engage in a political activity in the workplace that is unrelated to the performance of a ministerial power, duty or function; (b)  use government premises, equipment or supplies when engaging in political activity that is unrelated to the performance of a ministerial power, duty or function; or (c)  engage in political activity that could conflict with the interests of the Crown.  2006, c. 35, Sched. A, s. 97. Role of ethics executive
98 (1) A public servant who works in a minister’s office or his or her supervisor may request that the public servant’s ethics executive determine a question about the political activity rights that apply in respect of the public servant.  2006, c. 35, Sched. A, s. 98 (1). Duty to notify (2) A public servant who works in a minister’s office shall notify his or her ethics executive if the public servant’s political activities could conflict with the interests of the Crown.  2006, c. 35, Sched. A, s. 98 (2). Inquiries (3) The ethics executive may make such inquiries as he or she considers appropriate in response to a request, a notification or where the ethics executive has concerns that a public servant who works in a minister’s office has engaged or is about to engage in political activity in contravention of this Part or a direction or regulation under this Part.  2006, c. 35, Sched. A, s. 98 (3). Determinations and directions (4) The ethics executive shall, (a)  make a determination with respect to any matter that is brought to his or her attention under subsection (1) or (2) or that is the subject of inquiry under subsection (3); and (b)  in the case of a determination that a public servant who works in a minister’s office has or is about to engage in political activity in contravention of this Part or a direction or regulation under this Part, give the public servant directions, if any, that the ethics executive considers appropriate to address the matter.  2006, c. 35, Sched. A, s. 98 (4). Compliance with direction (5) A public servant who works in a minister’s office shall comply with a direction of the ethics executive.  2006, c. 35, Sched. A, s. 98 (5). Notice to minister (6) If the ethics executive makes a determination under subsection (4) that a public servant who works in a minister’s office has or is about to engage in political activity in contravention of this Part or a direction or regulation under this Part, or gives a direction to a public servant who works in a minister’s office under subsection (4), the ethics executive shall notify the minister.  2006, c. 35, Sched. A, s. 98 (6). Penalty
99 A public servant who engages in political activity in contravention of this Part or a direction or regulation under this Part is subject to disciplinary measures, including suspension and dismissal.  2006, c. 35, Sched. A, s. 99. Effect of Election to Office
100 If a public servant is elected to the Parliament of Canada or to a provincial Assembly, his or her employment by the Crown or by a public body, or his or her appointment to a public body, is terminated.  2006, c. 35, Sched. A, s. 100.
101 (1) If a public servant is elected to a municipal office, his or her employment by the Crown or by a public body, or his or her appointment to a public body, is terminated if it is determined under subsection (3) that termination is warranted.  2006, c. 35, Sched. A, s. 101 (1). Same (2) A public servant who is considering seeking election to a municipal office may ask his or her ethics executive to make the determination under subsection (3) before the election.  2006, c. 35, Sched. A, s. 101 (2). Determination by ethics executive (3) The ethics executive shall determine that termination is warranted if, in the opinion of the ethics executive, the public servant’s responsibilities in the municipal office, (a)  would interfere with the performance of his or her duties as a public servant; or (b)  would, (i)  in the case of a public servant who works in a ministry, conflict with the interests of the Crown, or (ii)  in the case of a public servant who works in a public body, conflict with the interests of the body.  2006, c. 35, Sched. A, s. 101 (3). Referral by ethics executive (4) If an ethics executive, other than the Integrity Commissioner, considers it appropriate to do so, the ethics executive may refer the making of the determination under subsection (3) to the Integrity Commissioner.  2006, c. 35, Sched. A, s. 101 (4); 2018, c. 17, Sched. 35, s. 13, 14. Same (5) Where an ethics executive has referred the making of the determination under subsection (3) to the Integrity Commissioner, the Commissioner shall inform the ethics executive of his or her determination.  2006, c. 35, Sched. A, s. 101 (5); 2018, c. 17, Sched. 35, s. 14. Notice to minister (6) Where a determination under subsection (3) relates to a government appointee to a public body, the ethics executive or the
Integrity Commissioner, as the case may be, shall inform the minister responsible for the public body of the determination.  2006, c. 35, Sched. A, s. 101 (6); 2018, c. 17, Sched. 35, s. 14. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 13, 14 - 01/05/2019
102 (1) This section does not apply to the following: 1.  A former public servant whose employment was terminated under section 100 or 101 and whose employment immediately before the termination was for a fixed term. 2.  A former government appointee whose appointment was terminated under section 100 or 101.  2006, c. 35, Sched. A, s. 102 (1). Same (2) If a former public servant ceases to be a member of the Parliament of Canada within five years after his or her employment is terminated by section 100, the former public servant may apply to be reinstated.  2006, c. 35, Sched. A, s. 102 (2). Same (3) If a former public servant ceases to be a member of a provincial Assembly within five years after his or her employment is terminated by section 100, the former public servant may apply to be reinstated.  2006, c. 35, Sched. A, s. 102 (3). Same (4) If a former public servant ceases to hold a municipal office within four years after his or her employment is terminated by section 101, the former public servant may apply to be reinstated.  2006, c. 35, Sched. A, s. 102 (4). Same (5) An application for reinstatement must be made within 12 months after the applicant ceases to be a member of the Parliament of Canada, a member of a provincial Assembly or the holder of a municipal office, as the case may be.  2006, c. 35, Sched. A, s. 102 (5). Same (6) A former public servant appointed by the Public Service Commission whose employment was terminated under section 100 or 101 may apply to the Commission for reinstatement.  2006, c. 35, Sched. A, s. 102 (6). Same (7) A former public servant whose employment by a public body was terminated under section 100 or 101 may apply for reinstatement to the public body.  2006, c. 35, Sched. A, s. 102 (7). Same (8) An application under subsection (6) or (7) shall be granted if a position for which the applicant is qualified is vacant.  2006, c. 35, Sched. A, s. 102 (8). Same (9) Another person’s right to be appointed or assigned to the vacant position by virtue of a collective agreement or under a directive issued under section 43 prevails over the right conferred by subsection (8).  2006, c. 35, Sched. A, s. 102 (9). Continuous service (10) The period during which the applicant’s employment is terminated shall not be counted in determining the length of the public servant’s service, but the service before and after the termination is deemed to be continuous for all purposes.  2006, c. 35, Sched. A, s. 102 (10). Protection From Reprisals
103 (1) No person shall take a reprisal against a public servant because he or she has, (a)  engaged in political activity in accordance with this Part or the regulations; or (b)  exercised his or her right under this Part to decline to engage in political activity.  2006, c. 35, Sched. A, s. 103 (1). Same (2) For the purposes of subsection (1), a reprisal is any measure taken against a public servant that adversely affects his or her employment or appointment and includes but is not limited to, (a)  ending or threatening to end a public servant’s employment or appointment; (b)  disciplining or suspending or threatening to discipline or suspend a public servant; (c)  imposing or threatening to impose a penalty related to the employment or appointment of a public servant; (d)  intimidating or coercing a public servant in relation to his or her employment or appointment.  2006, c. 35, Sched. A, s. 103 (2).
105 (1) A written and signed settlement of a complaint made under subsection 104 (1) may, if a party to the settlement believes that the settlement has been breached, be filed, (a)  in the case of a settlement of a complaint by a public servant described in subsection 104 (2), if the collective agreement is governed by the Crown Employees Collective Bargaining Act, 1993, with the Grievance Settlement Board; (b)  in the case of a settlement of a complaint by a public servant described in subsection 104 (3), with the Public Service Grievance Board; (c)  in the case of a settlement of a complaint by a public servant described in subsection 104 (4), with the Ontario Labour Relations Board.  2006, c. 35, Sched. A, s. 105 (1). Same (2) Where a settlement of a complaint is filed with a board under this section, the board shall inquire into the matter and, if the board concludes that the settlement has been breached, the board may, (a)  make an order requiring compliance with the settlement; or (b)  make an order respecting the complaint that could have been made in respect of that complaint under subsection 104 (8).  2006, c. 35, Sched. A, s. 105 (2). Same (3) Subsections 104 (5) and (6) apply with necessary modifications to the Ontario Labour Relations Board acting under subsection (2).  2006, c. 35, Sched. A, s. 105 (3).
106 (1) An order of the Grievance Settlement Board, the Public Service Grievance Board or the Ontario Labour Relations Board under subsection 104 (8) or 105 (2) may be filed in the Superior Court of Justice.  2006, c. 35, Sched. A, s. 106 (1). Same (2) An order that is filed under subsection (1) is enforceable as if it were an order of the Superior Court of Justice.  2006, c. 35, Sched. A, s. 106 (2). Same (3) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the order is filed is deemed to be the date of the order.  2006, c. 35, Sched. A, s. 106 (3). Regulations
107 (1) The Lieutenant Governor in Council may make regulations, (a)  respecting the length of unpaid leaves of absence granted under section 82, subsection 90 (6) or clause 92 (7) (a), including specifying dates on which a leave may begin and end and establishing maximum periods for a leave; (b)  prescribing tribunals for the purposes of paragraph 9 of subsection 85 (2); (c)  on the recommendation of the Public Service Commission, prescribing classes of public servants for the purposes of paragraph 10 of subsection 85 (2); (d)  governing political activities of public servants who work in a minister’s office; (e)  prescribing powers, duties and functions of an ethics executive in relation to political activity matters, in addition to those provided under this Act; (f)  respecting procedures to be followed in connection with this Part.  2006, c. 35, Sched. A, s. 107 (1). Delegation (2) The Public Service Commission may delegate any of its advisory responsibilities associated with clause (1) (c) to the Integrity Commissioner.  2006, c. 35, Sched. A, s. 107 (2); 2018, c. 17, Sched. 35, s. 14. Same (3) In prescribing classes under clause (1) (c), the Lieutenant Governor in Council shall consider, (a)  the extent to which public servants in a prescribed class are likely to be involved in providing policy advice directly to a minister; (b)  the scope of discretion likely to be exercised by public servants in a prescribed class, where the exercise of the discretion could reasonably be perceived to be affected by political considerations; (c)  the visibility of public servants in a prescribed class; and (d)  any other matter that the Lieutenant Governor in Council considers appropriate.  2006, c. 35, Sched. A, s. 107 (3). Scope of regulations (4) Regulations made under this section may be general or particular in their application.  2006, c. 35, Sched. A, s. 107 (4). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 14 - 01/05/2019 PART VI   DISCLOSING AND INVESTIGATING WRONGDOING Interpretation and Application
108 (1) In this Part, “wrongdoing” means, (a)  a contravention by a public servant, a minister or parliamentary assistant of an Act of the Assembly or of the Parliament of Canada, or of a regulation made under such an Act, (b)  an act or omission of a public servant, a minister or parliamentary assistant that creates a grave danger to the life, health or safety of persons or to the environment, where the danger is unreasonable having regard to his or her duties, powers and functions and any other relevant circumstance, (c)  gross mismanagement by a public servant, a minister or parliamentary assistant in the work of the public service of Ontario, (d)  directing or counselling wrongdoing within the meaning of clauses (a) to (c) by a public servant, a minister or parliamentary assistant.  2006, c. 35, Sched. A, s. 108 (1). Same (2) A reference in clauses (a) to (d) of the definition of “wrongdoing” in subsection (1), (a)  to an act or omission of a public servant includes an act or omission of a former public servant if the act or omission occurred while the individual was a public servant; (b)  to an act or omission of a minister or parliamentary assistant includes an act or omission of a former minister or a former parliamentary assistant if the act or omission occurred while the individual was a minister or a parliamentary assistant.  2006, c. 35, Sched. A, s. 108 (2).
109 In this Part, despite section 3, a reference to a former public servant includes a person who ceased, before the day on which this section comes into force, to be, (a)  a public servant within the meaning of the Public Service Act; (b)  an employee of a public body within the meaning of this Act; (c)  a government appointee within the meaning of this Act.  2006, c. 35, Sched. A, s. 109.
110 This Part applies to wrongdoing associated with the public service of Ontario and its work.  2006, c. 35, Sched. A, s. 110. Disclosure Procedures
111 (1) A deputy minister of a ministry shall ensure that public servants who work in the ministry are familiar with the procedures for disclosure of wrongdoing under this Part and the protections from reprisals for disclosing wrongdoing under this Part.  2006, c. 35, Sched. A, s. 111 (1). Same (2) The chair of a public body shall ensure that public servants who work in the body are familiar with the procedures for disclosure of wrongdoing under this Part and the protections from reprisals for disclosing wrongdoing under this Part.  2006, c. 35, Sched. A, s. 111 (2).
112 The Integrity Commissioner and every person or body to whom a matter is referred under subsection 118 (2), 122 (2) or 123 (1) shall carry out their functions under this Part in a manner that, (a)  is fair and is as informal and expeditious as possible; and (b)  protects the identities of persons involved in disclosures of wrongdoing, including persons who make disclosures, witnesses and persons alleged to be responsible for wrongdoing except where the interests of fairness require that a person’s identity be disclosed to one or more persons.  2006, c. 35, Sched. A, s. 112.
113 (1) Subject to subsection (2), a right under this Part to make a disclosure prevails over anything provided under any other Act or otherwise at law that prohibits the disclosure.  2006, c. 35, Sched. A, s. 113 (1). Restrictions on disclosure (2) Nothing in this Part authorizes a public servant or former public servant to make a disclosure to the Integrity Commissioner of anything, (a)  that would reveal the substance of deliberations of the Executive Council or any of its Committees without authority to do so; (b)  that is subject to solicitor-client privilege; or (c)  that is prepared by or for counsel for a Ministry or a public body for use in giving legal advice or in contemplation of or for use in litigation.  2006, c. 35, Sched. A, s. 113 (2). Same (3) Nothing in this Part shall be interpreted to limit any right that any public servant may have under any other Act or otherwise at law to disclose information about wrongdoing in the public service of Ontario.  2006, c. 35, Sched. A, s. 113 (3).
114 Where a public servant or former public servant has reason to believe that there has been wrongdoing, he or she may disclose the wrongdoing in accordance with the procedures established under section 115.  2006, c. 35, Sched. A, s. 114. Directives
115 (1) The Public Service Commission may by directive establish procedures to deal with disclosures of wrongdoing by, (a)  a public servant who works in a ministry; and (b)  a former public servant who worked in a ministry immediately before ceasing to be a public servant.  2006, c. 35, Sched. A, s. 115 (1). Directives, Management Board of Cabinet (2) The Management Board of Cabinet may by directive establish procedures to deal with disclosures of wrongdoing by, (a)  public servants who work in a public body; and (b)  former public servants who worked in a public body immediately before ceasing to be a public servant.  2006, c. 35, Sched. A, s. 115 (2). Same (3) Without limiting the generality of subsections (1) and (2), directives issued under those subsections may, (a)  establish procedures by which a public servant or former public servant may make disclosures of wrongdoing, including directions as to the persons to whom disclosures may be made; (b)  establish procedures to protect the identities of persons involved in the disclosure process, including persons who make disclosures, witnesses and persons alleged to be responsible for wrongdoing; and (c)  provide for exceptions to be made to procedures described in clause (b) where the interests of fairness require that a person’s identity be disclosed to one or more persons.  2006, c. 35, Sched. A, s. 115 (3). Same (4) Directives issued under this section may be general or particular in their application.  2006, c. 35, Sched. A, s. 115 (4). Same (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive issued under this section.  2006, c. 35, Sched. A, ss. 115 (5), 157. Archive (6) The Public Service Commission shall maintain an archive of all directives issued under subsection (1) indicating the period during which each directive applies.  2006, c. 35, Sched. A, s. 115 (6). Same (7) The Management Board of Cabinet shall maintain an archive of all directives issued under subsection (2) indicating the period during which each directive applies.  2006, c. 35, Sched. A, s. 115 (7). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. A, s. 157 - 20/08/2007 Disclosure to the Integrity Commissioner
116 A public servant or former public servant may disclose wrongdoing to the Integrity Commissioner if, (a)  the public servant or former public servant has reason to believe that it would not be appropriate to disclose the wrongdoing in accordance with the directives issued under section 115; (b)  the public servant or former public servant has already disclosed the wrongdoing in accordance with the directives issued under section 115 and has concerns that the matter is not being dealt with appropriately; or (c)  directives applying to the public servant or former public servant have not been issued under section 115.  2006, c. 35, Sched. A, s. 116.
117 Where the Integrity Commissioner receives a disclosure of wrongdoing under section 116, the Commissioner shall refuse to deal with the disclosure if one or more of the following circumstances apply: 1.  The subject matter of the disclosure is being dealt with by another person or body as a matter of law enforcement or in accordance with a procedure established under this or any other Act. 2.  The subject matter of the disclosure is an employment or labour relations matter that could be dealt with through a dispute resolution mechanism, including a grievance procedure, established under this or any other Act, under a collective agreement or under an agreement of another kind. 3.  The subject matter of the disclosure is a matter that could be dealt with under Part V of the Police Services Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 of section 117 of the Act is amended by striking out “Part V of the Police Services Act” at the end and substituting “Part XII of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 52 (2)) 4.  The subject matter of the disclosure is the subject of, i.  a decision made in the exercise of an adjudicative function by a court or other tribunal under this or any other Act, or ii.  deliberations that have led or may lead to a decision made in the exercise of an adjudicative function by a court or other tribunal under this or any other Act. 5.  The subject matter of the disclosure is related to the exercise of discretion by a prosecutor in relation to the prosecution of an offence. 6.  The subject matter of the disclosure is not sufficiently important or the disclosure is frivolous, vexatious or made in bad faith. 7.  There has been a substantial delay between the disclosure and the incidents that are the subject matter of the disclosure and because of the delay the proceeding would serve no useful purpose. 8.  The subject matter of the disclosure relates solely to a public policy decision. 9.  There is a valid reason, other than a circumstance described in paragraphs 1 to 8, for not proceeding with the disclosure.  2006, c. 35, Sched. A, s. 117. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 54 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 52 (2) - not in force
118 (1) This section applies where the Integrity Commissioner receives a disclosure of wrongdoing under section 116 and does not refuse to deal with the disclosure under section 117.  2006, c. 35, Sched. A, s. 118 (1). Same (2) The Integrity Commissioner shall determine, from among the persons mentioned in subsection (3), the person who, in the opinion of the Commissioner, is in the best position to investigate the disclosure and shall, (a)  provide the person with a written summary of the disclosure and any other information that the Commissioner has received in relation to the matter that the Commissioner considers may assist the person in dealing with the matter; (b)  direct the person to cause an investigation to be conducted into the subject matter of the disclosure; and (c)  direct the person to report the results of the investigation to the Commissioner.  2006, c. 35, Sched. A, s. 118 (2). Same (3) The persons to whom the Integrity Commissioner may refer a matter under subsection (2) are: 1.  A deputy minister. 2.  Any individual prescribed under subsection 71 (1.1). 3.  The chair of a public body. 4.  The Secretary of the Cabinet. 5.  An individual designated by the Premier for the purposes of this section.  2006, c. 35, Sched. A, s. 118 (3). Same (4) Where a matter respecting the Ontario Provincial Police is referred to the deputy minister of the Ministry of Community Safety and Correctional Services under subsection (2), the deputy minister may delegate any of his or her powers, duties and functions associated with the referral to the Commissioner of the Ontario Provincial Police.  2006, c. 35, Sched. A, s. 118 (4). Same (5) Subject to subsections (6) and (7), a person who receives a referral under subsection (2) shall deliver the report mentioned in clause (2) (c) to the Integrity Commissioner within 30 days of receiving the direction under clause (2) (b).  2006, c. 35, Sched. A, s. 118 (5). Same (6) On request from the person who receives a referral under subsection (2), the Integrity Commissioner may extend the time period within which the report must be delivered, either before or after the expiry of the period.  2006, c. 35, Sched. A, s. 118 (6). Same (7) The Integrity Commissioner may reduce the time period within which the report must be delivered if in his or her opinion circumstances make it appropriate to do so.  2006, c. 35, Sched. A, s. 118 (7). Section Amendments with date in force (d/m/y) CTS 13 AL 10 - 3
119 A person who has received a referral under subsection 118 (2) shall refer the disclosure of wrongdoing back to the Integrity Commissioner if, in the opinion of that person, it is not appropriate for him or her to investigate the disclosure because of lack of appropriate resources, actual or apparent conflict of interest or other reason.  2006, c. 35, Sched. A, s. 119.
120 (1) A report from a person who has received a referral under subsection 118 (2) shall be in writing and shall include: 1.  A summary of the subject matter of the disclosure. 2.  A description of the steps taken in the investigation conducted by the person to whom the referral is made. 3.  A summary of the evidence obtained during the investigation. 4.  A statement of the findings resulting from the investigation of the disclosure, including a statement about any wrongdoing that was discovered. 5.  A description of any corrective action that has been taken or that is proposed to be taken as a result of the investigation.  2006, c. 35, Sched. A, s. 120 (1). Same (2) The Integrity Commissioner may waive or abridge a requirement of this section in order to expedite the report if in his or her opinion circumstances make it appropriate to do so.  2006, c. 35, Sched. A, s. 120 (2).
121 (1) On receiving a report from a person who has received a referral under subsection 118 (2), the Integrity Commissioner may, (a)  require the person to provide a written report to the Commissioner containing such further information as the Commissioner specifies; (b)  make recommendations to the person; (c)  require the person to provide a written report to the Commissioner respecting the implementation of any recommendations made under clause (b) and, to the extent that a recommendation has not been implemented, explain why that is the case.  2006, c. 35, Sched. A, s. 121 (1). Time periods (2) The Integrity Commissioner shall specify time periods for meeting the requirements of subsection (1).  2006, c. 35, Sched. A, s. 121 (2). Same (3) On request, the Integrity Commissioner may extend the time periods within which requirements under subsection (1) must be met, either before or after the expiry of the period.  2006, c. 35, Sched. A, s. 121 (3). Same (4) The Integrity Commissioner may reduce the time periods within which requirements under subsection (1) must be met if in his or her opinion circumstances make it appropriate to do so.  2006, c. 35, Sched. A, s. 121 (4). Investigation by Integrity Commissioner