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Public Service of Ontario Act, 2006

ONTARIO REGULATION 373/07

oaths and affirmations

Consolidation Period:  From November 6, 2017 to the e-Laws currency date.

Last amendment:. 385/17.

Legislative History: 111/08, 385/17.

This is the English version of a bilingual regulation.

Definitions

0.1 In this Regulation,

“Indigenous peoples” includes the First Nations, Inuit and Métis peoples within Canada; (“peuples autochtones”)

“Indigenous person” means an individual who forms part of the Indigenous peoples. (“Autochtone”) O. Reg. 385/17, s. 1.

Oath or affirmation of allegiance

1. (1) The following oath or affirmation of allegiance to the Crown is prescribed for the purposes of subsection 5 (1) of the Act:

“I swear (or solemnly affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being), her heirs and successors according to law.  So help me God.  (Omit this phrase in an affirmation.)”

O. Reg. 373/07, s. 1 (1).

(2) The public servant may make the oath or affirmation in either English or French.  O. Reg. 373/07, s. 1 (2).

Exemptions, oath or affirmation of allegiance

2. (1) A public servant who is not a citizen of Canada but is a citizen of another country is exempt from the requirement under subsection 5 (1) of the Act to swear or affirm his or her allegiance to the Crown if the public servant asserts that making the oath or affirmation could result in the loss of that citizenship.  O. Reg. 373/07, s. 2.

(2) A public servant who identifies as an Indigenous person is exempt from the requirement under subsection 5 (1) of the Act to swear or affirm his or her allegiance to the Crown if the public servant asserts that making the oath or affirmation would be inconsistent with his or her views regarding the relationship between the Crown and Indigenous peoples. O. Reg. 385/17, s. 2.

Oath or affirmation of office

3. (1) The following oath or affirmation of office is prescribed for the purposes of section 6 of the Act:

“I swear (or solemnly affirm) that I will faithfully discharge my duties as a public servant; I will respect the laws of Canada and Ontario, including the recognition and affirmation of the aboriginal and treaty rights of Indigenous peoples in the Constitution; and, except as I may be legally authorized or required, I will not disclose or give to any person any information or document that comes to my knowledge or possession by reason of my being a public servant.  So help me God.  (Omit this phrase in an affirmation.)”

O. Reg. 385/17, s. 3 (1).

(2) The public servant may make the oath or affirmation in either English or French.  O. Reg. 373/07, s. 3 (2).

(3) Subsection (1), as remade by Ontario Regulation 385/17, applies to a public servant who is making the oath or affirmation on or after the day that that Regulation comes into force. O. Reg. 385/17, s. 3 (2).

Administration of oath or affirmation

4. (1) Any of the persons described in Column 2 of the Table to this section is authorized to administer an oath or affirmation by a public servant who is appointed to a position described in Column 1 in the same row.  O. Reg. 111/08, s. 1.

(2) In the Table to this section,

“appointed commissioner for taking affidavits” means a person who is appointed under subsection 4 (1) of the Commissioners for taking Affidavits Act as a commissioner for taking affidavits; (“commissaire aux affidavits nommé”)

“lawyer in the public service of Ontario” means a person employed as legal counsel,

(a) under subsection 32 (1) of the Act to work in a ministry, other than in a minister’s office,

(b) under subsection 32 (2) of the Act to work in a Commission public body, or

(c) by a public body that is not a Commission public body. (“avocat de la fonction publique de l’Ontario”)

table
Persons authorized to administer oaths and affirmations

 

Item

Column 1

Public servant making the oath or affirmation

Column 2

Persons authorized to administer the oath or affirmation

 

1.

A public servant who works in a ministry, but not in a minister’s office

· the deputy minister of the ministry,

· a public servant who is employed under Part III of the Act and who exercises managerial functions in a ministry,

· a lawyer in the public service of Ontario,

· any other public servant who is an appointed commissioner for taking affidavits.

2.

A public servant who works in a minister’s office

· a minister,

· a public servant who is employed under Part III of the Act and who exercises managerial functions in the Office of the Premier, the Cabinet Office or the minister’s office,

· a lawyer in the public service of Ontario,

· any other public servant who is an appointed commissioner for taking affidavits.

3.

A public servant, other than a government appointee, who works in a Commission public body

· the public servant’s ethics executive as determined under subsection 62 (1) of the Act,

· a public servant who is employed under Part III of the Act and who exercises managerial functions in the Commission public body or in the ministry to whom the Commission public body reports,

· a lawyer in the public service of Ontario,

· any other public servant who is an appointed commissioner for taking affidavits.

4.

A public servant, other than a government appointee, who works in a public body that is not a Commission public body

· the public servant’s ethics executive as determined under subsection 62 (1) of the Act,

· a public servant who exercises managerial functions in the public body,

· a lawyer in the public service of Ontario,

· any other public servant who is an appointed commissioner for taking affidavits.

5.

A government appointee to a public body

· the chair of the public body,

· a lawyer in the public service of Ontario,

· any other public servant who is an appointed commissioner for taking affidavits.

6.

The chair of a public body

· a public servant employed under Part III of the Act who works in the Cabinet Office and who is an appointed commissioner for taking affidavits,

· a lawyer in the public service of Ontario.

O. Reg. 111/08, s. 1.

5. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 373/07, s. 5.

 

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