Public Service of Ontario Act, 2006

part i General

Purpose, Interpretation and Application

1 The following are the purposes of this Act: 1. To ensure that the public service of Ontario is effective in serving the public, the government and the Legislature. 2. To ensure that the public service of Ontario is non-partisan, professional, ethical and competent. 3. To set out roles and responsibilities in the administration of the public service of Ontario. 4. To provide a framework in law for the leadership and management of the public service of Ontario. 5. To set out rights and duties of public servants concerning ethical conduct. 6. To set out rights and duties of public servants concerning political activity. 7. To establish procedures for the disclosure and investigation of wrongdoing in the public service of Ontario and to protect public servants who disclose wrongdoing from reprisals. 2006, c. 35, Sched. A, s. 1.

2 (1) In this Act, “Commission public body” means a public body that is prescribed as a Commission public body under clause 8 (1.1) (b); (“organisme public rattaché à la Commission”) “Conflict of Interest Commissioner” means the Conflict of Interest Commissioner described in section 14 as it read immediately before the day section 2 of Schedule 35 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force; (“commissaire aux conflits d’intérêts”) “government appointee” means a person who is a public servant by virtue of paragraph 5 of subsection (2); (“personne nommée par le gouvernement”) “Integrity Commissioner” means the Integrity Commissioner appointed under the Members’ Integrity Act, 1994; (“commissaire à l’intégrité”) “minister” means a member of the Executive Council; (“ministre”) “minister’s office” includes the office of the parliamentary assistant, if an…

3 Except where otherwise provided, a reference in this Act to a former public servant is a reference to a person who ceased to be a public servant on or after the day on which this section comes into force. 2006, c. 35, Sched. A, s. 3.

4 For the purposes of this Act, the Cabinet Office is a ministry, the Premier is its minister and the Secretary of the Cabinet is its deputy minister. 2006, c. 35, Sched. A, s. 4.

Oaths and Affirmations

5 (1) Every public servant shall swear or affirm his or her allegiance to the Crown as prescribed under clause 8 (1) (c). 2006, c. 35, Sched. A, s. 5 (1). Exception (2) Subsection (1) does not apply to a public servant in the circumstances prescribed under clause 8 (1) (d). 2006, c. 35, Sched. A, s. 5 (2).

6 Every public servant shall swear or affirm an oath of office as prescribed under clause 8 (1) (c). 2006, c. 35, Sched. A, s. 6.

7 An oath or affirmation may only be administered under section 5 or 6 by a person prescribed under clause 8 (1) (e). 2006, c. 35, Sched. A, s. 7.

Regulations

8 (1) The Lieutenant Governor in Council may make regulations, (a), (b) Repealed: 2009, c. 33, Sched. 17, s. 10 (3). (c) respecting the wording of oaths and affirmations required under sections 5 and 6 and the manner of making them; (d) prescribing the circumstances in which a public servant is exempt from the requirement to swear or affirm his or her allegiance to the Crown under subsection 5 (1); (e) prescribing persons who have the authority to administer an oath or affirmation for the purposes of sections 5 and 6. 2006, c. 35, Sched. A, s. 8 (1); 2009, c. 33, Sched. 17, s. 10 (3). Same, Minister (1.1) The minister responsible for the administration of this Act may make regulations, (a) prescribing the bodies that are public bodies for the purposes of the definition of “public body” in subsection 2 (1); (b) prescribing as Commission public bodies, for the purposes of the definition of…

part ii Roles and Responsibilities In The Administration of the public service of Ontario

Public Service Commission

9 (1) The Civil Service Commission is continued under the name the Public Service Commission in English and Commission de la fonction publique in French. 2006, c. 35, Sched. A, s. 9 (1). Composition (2) The Public Service Commission shall be composed of a chair and at least two other members appointed by the Lieutenant Governor in Council. 2006, c. 35, Sched. A, s. 9 (2). Remuneration, etc. (3) The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of members of the Public Service Commission. 2006, c. 35, Sched. A, s. 9 (3).

10 The Public Service Commission may exercise the powers and shall perform the duties and functions assigned to it under this or any other Act. 2006, c. 35, Sched. A, s. 10.

11 (1) Such employees as are considered necessary for the proper conduct of the business of the Public Service Commission may be appointed under Part III. 2006, c. 35, Sched. A, s. 11 (1). Consultants (2) The Public Service Commission may retain such technical and professional consultants as it considers necessary for the proper conduct of the Commission’s business, at the remuneration and on the terms that the Commission approves. 2006, c. 35, Sched. A, s. 11 (2).

12 (1) The Public Service Commission shall prepare an annual report, provide it to the minister responsible for the administration of this Act and make it available to the public. 2017, c. 34, Sched. 46, s. 49 (1). Same (2) The Public Service Commission shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; (b) when to provide it to the minister; and (c) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 49 (1). Same (3) The Public Service Commission shall include such additional content in the annual report as the minister may require. 2017, c. 34, Sched. 46, s. 49 (1). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 49 (1) - 01/01/2018

12.1 The minister responsible for the administration of this Act shall table the Public Service Commission’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 49 (1). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 49 (1) - 01/01/2018

13 (1) No action or other proceeding may be instituted against the Public Service Commission or a member of or an employee in the Commission for any act done or omitted in good faith in the exercise or intended exercise of the Commission’s powers or in the execution or intended execution of the Commission’s duties or functions. 2006, c. 35, Sched. A, s. 13 (1). Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject. 2006, c. 35, Sched. A, s. 13 (2); 2019, c. 7, Sched. 17, s. 149 (1). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 149 (1) - 01/07/2019

Integrity Commissioner

14 (1) The Integrity Commissioner may exercise the powers and shall perform the duties and functions assigned to him or her under this Act. 2018, c. 17, Sched. 35, s. 2. Designate (2) The Integrity Commissioner may designate in writing an employee of the office of the Commissioner to fulfil the duties of the Commissioner under this Act, subject to any conditions or restrictions set out in the designation. 2018, c. 17, Sched. 35, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 2 - 01/05/2019

15 (1) The Integrity Commissioner may hire, pursuant to section 23.11 of the Members’ Integrity Act, 1994, such employees as he or she considers necessary for the proper exercise of the powers and performance of the duties and functions of the Commissioner under this Act. 2018, c. 17, Sched. 35, s. 2. Consultants (2) The Integrity Commissioner may retain such technical and professional consultants as he or she considers necessary for the proper exercise of the powers and performance of the duties and functions of the Commissioner under this Act, at the remuneration and on the terms that the Commissioner approves. 2018, c. 17, Sched. 35, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 2 - 01/05/2019

16 (1) The employees who work in the office of the Conflict of Interest Commissioner immediately before the day section 2 of Schedule 35 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force become employees of the Office of the Assembly on that day. 2018, c. 17, Sched. 35, s. 2. Same (2) The employment of the employees described in subsection (1) is not terminated or severed, including for the purposes of the Employment Standards Act, 2000, and the employment of the employees immediately before and after the day section 2 of Schedule 35 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force is continuous for the purposes of calculating an employee’s length or period of employment. 2018, c. 17, Sched. 35, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 2 - 01/05/2019

17 (1) The Crown in right of Ontario may transfer to the Integrity Commissioner any of its rights, obligations, assets and liabilities relating to the office of the Conflict of Interest Commissioner or any interest in or entitlement to such a right, obligation, asset and liability, with or without consideration, on terms and conditions agreed upon between the Crown and the Integrity Commissioner. 2018, c. 17, Sched. 35, s. 2. Agreement assignable (2) Where an agreement is the subject of a transfer under subsection (1), it shall be deemed to be assignable by the minister responsible for the administration of this Act without the consent of any party to the agreement. 2018, c. 17, Sched. 35, s. 2. Other agreements (3) The Crown may enter into such other agreements, execute such documents and instruments, and do such other acts and things as the minister responsible for the administration o…

18 The Integrity Commissioner shall include in his or her annual report prepared under section 24 of the Members’ Integrity Act, 1994 a report on the exercise of the powers and performance of the duties and functions of the Commissioner under this Act, and may include such additional content as the Management Board of Cabinet or the minister responsible for the administration of this Act requests. 2018, c. 17, Sched. 35, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 2 - 01/05/2019

19 Sections 25 and 26 of the Members’ Integrity Act, 1994 apply to the Integrity Commissioner and the employees of the office of the Commissioner in respect of their duties under this Act. 2018, c. 17, Sched. 35, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 49 (2) - 01/01/2018 2018, c. 17, Sched. 35, s. 2 - 01/05/2019

19.1 Repealed: 2018, c. 17, Sched. 35, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 49 (2) - 01/01/2018 2018, c. 17, Sched. 35, s. 2 - 01/05/2019

20 (1) No cause of action arises, no proceeding may be brought and no remedy is available or damages, costs or compensation payable in connection with any amendment made by Schedule 35 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments. 2018, c. 17, Sched. 35, s. 2. Same (2) Subsection (1) applies whether the cause of action on which a proceeding is based arose before or after the day that subsection comes into force. 2018, c. 17, Sched. 35, s. 2. Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day. 2018, c. 17, Sched. 35, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 2 - 01/05/2019

20.1 Repealed: 2018, c. 17, Sched. 35, s. 3 (2). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 3 (1) - 06/12/2018; 2018, c. 17, Sched. 35, s. 3 (2) - 01/05/2019

Public Service Grievance Board

21 (1) The board known as the Public Service Grievance Board in English and Commission des griefs de la fonction publique in French is continued. 2006, c. 35, Sched. A, s. 21 (1). Composition (2) The Public Service Grievance Board shall be composed of a chair and at least two other members appointed by the Lieutenant Governor in Council for a fixed term. 2006, c. 35, Sched. A, s. 21 (2). Remuneration, etc. (3) The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of members of the Public Service Grievance Board. 2006, c. 35, Sched. A, s. 21 (3).

22 The Public Service Grievance Board may exercise the powers and shall perform the duties and functions assigned to it under this or any other Act. 2006, c. 35, Sched. A, s. 22.

23 (1) Proceedings before the Public Service Grievance Board shall be governed in accordance with the following: 1. Subject to paragraph 2, the Statutory Powers Procedure Act and any rules made under that Act by the Board apply to proceedings before the Board. 2. On the coming into force of a regulation made under subsection (2) establishing procedural rules for proceedings before the Board, the Statutory Powers Procedure Act and any rules made under that Act cease to apply to proceedings before the Board to the extent that the Statutory Powers Procedure Act and any rules made under it conflict with the regulation. 2006, c. 35, Sched. A, s. 23 (1). Same (2) The Lieutenant Governor in Council may make regulations establishing procedural rules for proceedings before the Public Service Grievance Board. 2006, c. 35, Sched. A, s. 23 (2). Same (3) Without limiting the generality of subsection …

24 (1) In making a decision on a grievance, the Public Service Grievance Board shall not provide for the employment of a public servant in a position that involves direct responsibility for or provides an opportunity for contact with a vulnerable person specified in a regulation made under clause 31 (1) (a) if the Board has found that the public servant, (a) has applied force to a vulnerable person, except the minimum force necessary for self-defence or the defence of another person or necessary to restrain the vulnerable person for his or her own protection; or (b) has sexually molested a vulnerable person. 2006, c. 35, Sched. A, s. 24 (1). Same (2) Where subsection (1) applies, the Public Service Grievance Board may provide for the employment of the public servant in another, substantially equivalent, position. 2006, c. 35, Sched. A, s. 24 (2).

25 (1) If a public servant is convicted or discharged of an offence under the Criminal Code (Canada) in respect of an act or omission that results in discipline or dismissal and the discipline or dismissal becomes the subject matter of a grievance before the Public Service Grievance Board, proof of the conviction or discharge shall be taken as conclusive evidence that the public servant committed the act or omission after, (a) the time for an appeal has expired; or (b) if an appeal was taken, the appeal was dismissed and no further appeal is available. 2006, c. 35, Sched. A, s. 25 (1). Adjournment pending appeal to be granted (2) If an adjournment of a grievance is requested pending an appeal of a conviction or a discharge mentioned in subsection (1), the Public Service Grievance Board shall grant the adjournment. 2006, c. 35, Sched. A, s. 25 (2).

26 A decision of the Public Service Grievance Board is final. 2006, c. 35, Sched. A, s. 26.

27 (1) No action or other proceeding may be instituted against the Public Service Grievance Board or a member of or an employee in the Board for any act done or omitted in good faith in the exercise or intended exercise of the Board’s powers or in the execution or intended execution of the Board’s duties and functions. 2006, c. 35, Sched. A, s. 27 (1). Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject. 2006, c. 35, Sched. A, s. 27 (2); 2019, c. 7, Sched. 17, s. 149 (2). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 149 (2) - 01/07/2019

Other Officials

28 The Secretary of the Cabinet is the clerk of the Executive Council and the head of the public service of Ontario. 2006, c. 35, Sched. A, s. 28.

29 (1) The deputy minister of a ministry, acting on behalf of the minister, is responsible for the operation of the ministry. 2006, c. 35, Sched. A, s. 29 (1). Responsibility to inform minister (2) The deputy minister shall give the minister such information as the minister may require to carry out his or her responsibilities as the minister of the ministry, a member of the Executive Council and a member of the Assembly. 2006, c. 35, Sched. A, s. 29 (2). Responsibility re public servants (3) Deputy ministers shall promote effective, non-partisan, professional, ethical and competent public service by public servants. 2006, c. 35, Sched. A, s. 29 (3). Powers, duties and functions (4) A deputy minister shall exercise such powers and perform such duties and functions as may be assigned to him or her under this or any other Act or by the Lieutenant Governor in Council or by the minister. 2006…

30 (1) The Secretary of the Cabinet may designate in writing a public servant to exercise the powers and perform the duties and functions of the deputy minister in his or her absence. 2006, c. 35, Sched. A, s. 30 (1). Same (2) The Secretary of the Cabinet may delegate his or her power to designate under subsection (1) to a deputy minister with respect to his or her ministry. 2006, c. 35, Sched. A, s. 30 (2). Same (3) The Secretary of the Cabinet may impose conditions and restrictions that govern the exercise of the delegated power. 2006, c. 35, Sched. A, s. 30 (3).

Regulations

31 (1) The Lieutenant Governor in Council may make regulations, (a) specifying who is a vulnerable person for the purposes of section 24; (b) prescribing powers, duties and functions of the Public Service Grievance Board, in addition to those provided under this Act; (c) prescribing circumstances in addition to those set out in this Act in which a public servant may file a grievance with the Public Service Grievance Board; (d) prescribing matters that cannot be the subject of a grievance before the Public Service Grievance Board; (e) prescribing classes of public servants who are not eligible to file a grievance with the Public Service Grievance Board; (f) prescribing remedy powers of the Public Service Grievance Board in respect of circumstances prescribed under clause (c); (g) prescribing powers, duties and functions of the Public Service Commission and the Integrity Commissioner under…

part iiI employment by the crown

Appointment by the Public Service Commission Appointment by the Public Service Commission

32 (1) The Public Service Commission may appoint persons to employment by the Crown to work in a ministry, other than in a minister’s office. 2006, c. 35, Sched. A, s. 32 (1). Employment in a Commission public body (2) The Public Service Commission may appoint persons to employment by the Crown to work in a Commission public body. 2006, c. 35, Sched. A, s. 32 (2). Fixed term or otherwise (3) An appointment by the Public Service Commission may be for a fixed term or otherwise. 2006, c. 35, Sched. A, s. 32 (3). Same (4) A person appointed by the Public Service Commission for a fixed term may be reappointed for one or more further terms. 2006, c. 35, Sched. A, s. 32 (4).

33 (1) The Management Board of Cabinet may, by directive, create classes of position for public servants appointed by the Public Service Commission and determine the duties of and qualifications for the positions. 2006, c. 35, Sched. A, s. 33 (1). Salary or wage ranges (2) The Management Board of Cabinet may, by directive, determine salary ranges or wage ranges for public servants appointed by the Public Service Commission. 2006, c. 35, Sched. A, s. 33 (2). Other remuneration (3) The Management Board of Cabinet may, by directive, determine other remuneration, including benefits, for public servants appointed by the Public Service Commission. 2006, c. 35, Sched. A, s. 33 (3). Other terms, conditions of employment (4) The Management Board of Cabinet may, by directive, establish other terms and conditions of employment for public servants appointed by the Public Service Commission and for d…

34 The Public Service Commission may for cause, (a) impose disciplinary measures, including suspension, on a public servant appointed by it, as the Commission considers appropriate; and (b) dismiss from employment a public servant appointed by it, as the Commission considers appropriate. 2009, c. 33, Sched. 17, s. 10 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 10 (6) - 15/12/2009

35 A suspension under section 34 by the Public Service Commission may continue for a period not exceeding one month and, during the suspension, the public servant is not entitled to receive a salary, wages or any other remuneration, including benefits. 2006, c. 35, Sched. A, s. 35.

36 (1) The Public Service Commission may conduct an investigation in order to determine whether there is cause for the purposes of section 34. 2006, c. 35, Sched. A, s. 36 (1). Suspension pending an investigation (2) The Public Service Commission may, pending the conclusion of an investigation, suspend the public servant for a period not exceeding the period prescribed under clause 55 (1) (a). 2006, c. 35, Sched. A, s. 36 (2). Same (3) The Public Service Commission may withhold the public servant’s salary, wages or any other remuneration, including benefits, during the suspension under this section if it considers it appropriate to do so, and may, at the end of the investigation, reimburse amounts that were withheld if it considers it appropriate to do so. 2006, c. 35, Sched. A, s. 36 (3).

37 (1) Where the Public Service Commission appoints a public servant to employment for a term that is not fixed, the Commission may direct that the public servant be on probation for a period of not more than one year. 2006, c. 35, Sched. A, s. 37 (1). Same (2) While on probation under subsection (1), the public servant may be dismissed for failure to meet the requirements of his or her position. 2006, c. 35, Sched. A, s. 37 (2).

38 (1) The Public Service Commission may without cause dismiss a public servant appointed by it who is employed in a class of position that is prescribed under clause 55 (1) (b) by giving the public servant reasonable notice or by giving the public servant compensation in lieu of notice. 2006, c. 35, Sched. A, s. 38 (1). Reinstatement (2) An order to reinstate a public servant who is dismissed under subsection (1) shall not be made by any court, tribunal or other arbitrator. 2006, c. 35, Sched. A, s. 38 (2).

39 The Public Service Commission may dismiss a public servant appointed by it for the following reasons: 1. A shortage of work. 2. A shortage of funds. 3. The elimination of the public servant’s position. 4. A material change in the ministry or Commission public body in which the public servant works. 2006, c. 35, Sched. A, s. 39.

40 When the dismissal of a public servant takes effect, he or she ceases to be employed by the Crown. 2006, c. 35, Sched. A, s. 40.

41 (1) A public servant appointed by the Public Service Commission may resign from his or her position by giving at least two weeks notice in writing of the intention to resign to the Commission. 2006, c. 35, Sched. A, s. 41 (1). Withdrawal (2) A public servant may, by giving notice in writing to the Public Service Commission, withdraw the notice of intention to resign at any time before its effective date if, (a) no person has been appointed or selected for appointment by the Commission to the position held by the public servant; and (b) the Commission approves the withdrawal. 2006, c. 35, Sched. A, s. 41 (2). Effect of resignation (3) When the resignation of a public servant takes effect, he or she ceases to be employed by the Crown. 2006, c. 35, Sched. A, s. 41 (3).

42 (1) If a public servant appointed by the Public Service Commission is absent from work without approved leave for a period of two weeks or more, the Commission may declare, in writing, that the public servant has abandoned the position and that his or her employment by the Crown is terminated. 2006, c. 35, Sched. A, s. 42 (1). Effect of termination (2) When a declaration with respect to a public servant is made under subsection (1), the termination takes effect and the public servant ceases to be employed by the Crown. 2006, c. 35, Sched. A, s. 42 (2).

43 (1) The Public Service Commission may issue directives for effective management and administration of human resources in relation to public servants appointed by it and in relation to deputy ministers. 2006, c. 35, Sched. A, s. 43 (1); 2009, c. 33, Sched. 17, s. 10 (7). Directives, non-partisan (2) The Public Service Commission shall ensure by directive that the recruitment and employment of public servants appointed by it are non-partisan. 2006, c. 35, Sched. A, s. 43 (2). Conflict (3) In the case of a conflict between a directive issued by the Public Service Commission under subsection (1) and a policy, procedure or directive of the Management Board of Cabinet under the Management Board of Cabinet Act or under this Act, the latter prevails. 2006, c. 35, Sched. A, s. 43 (3). Same (4) The Management Board of Cabinet shall not set a policy or procedure under the Management Board of Cab…

44 (1) The Public Service Commission may delegate any of its powers, duties or functions under subsection 32 (1) and sections 34 to 42 in respect of public servants appointed by it to work in a ministry to the deputy minister of the ministry. 2006, c. 35, Sched. A, s. 44 (1). Subdelegation by deputy minister (2) A deputy minister may subdelegate any of the powers, duties or functions delegated to him or her under subsection (1) to one or more public servants employed under this Part who work in his or her ministry. 2006, c. 35, Sched. A, s. 44 (2). Same (3) With the permission of the Public Service Commission, a deputy minister may subdelegate to one or more persons any of the powers, duties or functions delegated to him or her under subsection (1), other than the power to dismiss a public servant and the power to make a declaration under subsection 42 (1). 2006, c. 35, Sched. A, s. 44 (…

45 (1) The Management Board of Cabinet may delegate its powers, duties or functions under section 33 to the Public Service Commission. 2006, c. 35, Sched. A, s. 45 (1). Conditions (2) The Management Board of Cabinet may impose conditions and restrictions that govern the exercise of the delegated powers or the performance of the delegated duties or functions. 2006, c. 35, Sched. A, s. 45 (2).

46 At the request of a minister, the Public Service Commission may assign persons appointed under subsection 32 (1) to work in the minister’s office for a fixed term. 2006, c. 35, Sched. A, s. 46.

Appointment to Work in a Minister’s Office

47 An individual designated by the Premier in relation to a minister’s office for the purposes of this section or, if no such individual is designated, the minister may appoint persons to employment by the Crown to work in the minister’s office for a fixed term. 2006, c. 35, Sched. A, s. 47.

48 (1) The Management Board of Cabinet may, by directive, create classes of position for public servants appointed under section 47 and determine the duties of and qualifications for the positions. 2006, c. 35, Sched. A, s. 48 (1). Salary or wage ranges (2) The Management Board of Cabinet may, by directive, determine salary ranges or wage ranges for public servants appointed under section 47. 2006, c. 35, Sched. A, s. 48 (2). Other remuneration (3) The Management Board of Cabinet may, by directive, determine other remuneration, including benefits, for public servants appointed under section 47. 2006, c. 35, Sched. A, s. 48 (3). Other terms, conditions of employment (4) The Management Board of Cabinet may, by directive, establish other terms and conditions of employment for public servants appointed under section 47. 2006, c. 35, Sched. A, s. 48 (4). General or particular (5) Directives i…

49 Sections 34 to 36 and sections 39 to 42 apply with necessary modifications in respect of public servants appointed under section 47 and, for the purpose, (a) a reference to a public servant appointed by the Public Service Commission shall be read as a reference to a public servant appointed under section 47; and (b) a reference to the Public Service Commission shall be read as a reference to an individual designated by the Premier in relation to a minister’s office for the purposes of section 47 or, if no such individual is designated, the minister. 2006, c. 35, Sched. A, s. 49.

50 (1) An individual designated by the Premier in relation to a minister’s office for the purposes of section 47 or, if no such individual is designated, the minister may without cause dismiss a public servant appointed under section 47 by giving the public servant reasonable notice or by giving the public servant compensation in lieu of notice. 2006, c. 35, Sched. A, s. 50 (1). Reinstatement (2) An order to reinstate a public servant who is dismissed under subsection (1) shall not be made by any court, tribunal or other arbitrator. 2006, c. 35, Sched. A, s. 50 (2). Delegation

51 (1) An individual designated by the Premier in relation to a minister’s office for the purposes of section 47 may delegate any of his or her powers, duties and functions under sections 47 to 50 to the minister or to the minister’s executive assistant. 2006, c. 35, Sched. A, s. 51 (1). Subdelegation by minister (2) A minister may subdelegate any of the powers, duties or functions delegated to the minister under subsection (1) to the minister’s executive assistant. 2006, c. 35, Sched. A, s. 51 (2). Delegation by minister (3) If no individual is designated by the Premier in relation to a minister’s office for the purposes of section 47, the minister may delegate any of his or her powers, duties and functions under sections 47 to 50 to the minister’s executive assistant. 2006, c. 35, Sched. A, s. 51 (3). Conditions and restrictions (4) A person who delegates or subdelegates powers, duties…

General

52 (1) A person’s status as an employee of the Crown in a ministry or a Commission public body is established only by appointment in writing under this Part. 2006, c. 35, Sched. A, s. 52 (1). Same (2) For greater certainty, a person’s status as an employee of the Crown in a ministry or in a Commission public body cannot be inferred from his or her workplace or workplace activities. 2006, c. 35, Sched. A, s. 52 (2).

53 A public servant employed under this Part who is also a government appointee is subject to the terms and conditions of employment applicable to him or her under this Part. 2006, c. 35, Sched. A, s. 53.

54 A public servant employed under this Part whose employment is for a fixed term ceases to be employed by the Crown when that period expires. 2006, c. 35, Sched. A, s. 54.

Regulations

55 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing the maximum period for a suspension pending an investigation for the purposes of subsection 36 (2); (b) prescribing classes of position for the purposes of subsection 38 (1). (c) Repealed: 2009, c. 33, Sched. 17, s. 10 (9). 2006, c. 35, Sched. A, s. 55 (1); 2009, c. 33, Sched. 17, s. 10 (9). Same, Minister (1.1) The minister responsible for the administration of this Act may make regulations prescribing an individual for the purposes of clause 44 (4) (a). 2009, c. 33, Sched. 17, s. 10 (10). Scope of regulations (2) Regulations made under this section may be general or particular in their application. 2006, c. 35, Sched. A, s. 55 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 10 (9, 10) - 15/12/2009

part iv ethical conduct

Application of Conflict of Interest Rules to Public Servants and Former Public Servants

56 (1) Sections 57 to 65 apply to public servants and former public servants other than public servants who work or, immediately before ceasing to be a public servant, worked in a minister’s office. 2006, c. 35, Sched. A, s. 56 (1). Same, ministers’ offices (2) Sections 66 to 69 apply to public servants and former public servants who work or who, immediately before ceasing to be a public servant, worked in a minister’s office. 2006, c. 35, Sched. A, s. 56 (2).

Ministries (Other than Ministers’ Offices) and Public Bodies

57 Every public servant and every former public servant who works or, immediately before ceasing to be a public servant, worked in a ministry shall comply with the conflict of interest rules prescribed under clause 71 (1) (a) that apply in respect of the ministry. 2006, c. 35, Sched. A, s. 57.

58 (1) Every public servant and every former public servant who works or, immediately before ceasing to be a public servant, worked in a public body shall comply with the conflict of interest rules that apply to him or her, determined as follows: 1. The conflict of interest rules that apply to the public servant or former public servant are the rules, if any, approved and published by the Integrity Commissioner under section 59 or 60 for the public body. 2. During the year beginning on the day on which this section comes into force, if no conflict of interest rules are approved and published by the Conflict of Interest Commissioner under section 59 or 60 for a Commission public body, the conflict of interest rules prescribed under clause 71 (1) (a) apply to the public servant or former public servant, with necessary modifications. 3. During the year beginning on the day on which this sec…

59 (1) A public body may submit proposed conflict of interest rules with respect to the body to the Integrity Commissioner. 2006, c. 35, Sched. A, s. 59 (1); 2018, c. 17, Sched. 35, s. 14. Approval of proposed rules (2) The Integrity Commissioner shall approve, in writing, the rules proposed for a public body under subsection (1) if, in the Commissioner’s opinion, the proposed rules establish a degree of ethical conduct that is at least equivalent to the degree of ethical conduct established by the conflict of interest rules prescribed under clause 71 (1) (a), having regard to the powers, duties and functions of the public body. 2006, c. 35, Sched. A, s. 59 (2); 2018, c. 17, Sched. 35, s. 14. Same (3) Conflict of interest rules approved by the Integrity Commissioner have no effect unless the rules are published in accordance with subsection (4). 2006, c. 35, Sched. A, s. 59 (3); 2018, c.…

60 (1) If the rules prescribed under clause 71 (1) (a) change and, in the Integrity Commissioner’s opinion, rules approved and published under section 59 for a public body no longer meet the test set out in subsection 59 (2), the Commissioner may request that the body amend its rules and submit the amended rules to the Commissioner within a time period specified by him or her. 2006, c. 35, Sched. A, s. 60 (1); 2018, c. 17, Sched. 35, s. 6. Same (2) The Integrity Commissioner may extend the time period within which the amended rules may be submitted, either before or after the expiry of the period. 2006, c. 35, Sched. A, s. 60 (2); 2018, c. 17, Sched. 35, s. 14. Same (3) Subsections 59 (2) to (6) apply, with necessary modifications, to rules submitted under subsection (1). 2006, c. 35, Sched. A, s. 60 (3). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 35, s. 6, 14 - 01…

61 (1) Subsections (2) and (3) apply if, (a) a public body fails to submit amended rules within the time period specified under subsection 60 (1) or (2); (b) the Integrity Commissioner notifies a public body that amended rules submitted by it under subsection 60 (1) do not meet the test set out in subsection 59 (2); or (c) the public body rescinds the rules made by it under section 59 or 60 and notifies the Integrity Commissioner of the rescission in writing. 2006, c. 35, Sched. A, s. 61 (1); 2018, c. 17, Sched. 35, s. 14. Same (2) The conflict of interest rules that were in effect for the public body cease to apply to the body and the conflict of interest rules prescribed under clause 71 (1) (a) apply to the body with such modifications as are necessary having regard to the body’s powers, duties and functions, on and after the date specified by the Integrity Commissioner under subsectio…

62 (1) The ethics executive for a public servant is determined as follows: 1. The ethics executive for a public servant employed under Part III who works in a ministry, other than in a minister’s office, is the deputy minister. 2. The ethics executive for a deputy minister is the Secretary of the Cabinet. 3. The ethics executive for a public servant who works in a public body, whether as a government appointee, as an employee under Part III or as an employee of the public body is the individual who is prescribed under subsection 71 (1.1) for the public servant or, if no individual is prescribed under that clause for the public servant, the chair of the body. 4. The ethics executive for the Secretary of the Cabinet, the chairs of public bodies and any individuals prescribed under subsections 55 (1.1) and 71 (1.1) is the Integrity Commissioner. 5. Repealed: 2018, c. 17, Sched. 35, s. 7. 20…

63 The ethics executive for a former public servant is determined as follows: 1. The ethics executive for a former public servant who, immediately before ceasing to be a public servant, was a public servant employed under Part III who worked in a ministry, other than in a minister’s office, is the Public Service Commission. 2. The ethics executive for a former public servant who, immediately before ceasing to be a public servant, worked in a public body, whether as a government appointee, as an employee under Part III or as an employee of the public body, is the Integrity Commissioner. 3. The ethics executive for a former deputy minister or a former Secretary of the Cabinet is the Integrity Commissioner. 2006, c. 35, Sched. A, s. 63; 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

64 The ethics executive for a public servant who works in a ministry, other than in a minister’s office, or who works in a public body shall, (a) ensure that public servants who work in the ministry or the public body are familiar with the conflict of interest rules that apply in respect of the ministry or the public body; and (b) promote ethical conduct by public servants who work in the ministry or the public body. 2006, c. 35, Sched. A, s. 64. Role of ethics executive