O. Reg. 373/07: OATHS AND AFFIRMATIONS

Public Service of Ontario Act, 2006

ONTARIO REGULATION 373/07

OATHS AND AFFIRMATIONS

Historical version for the period July 25, 2007 to August 19, 2007.

Note: This Regulation comes into force on August 20, 2007. See: O. Reg. 373/07, s. 5.

No amendments.

This is the English version of a bilingual regulation.

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).

Exemption, oath or affirmation of allegiance

2. 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.

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 and will observe and comply with the laws of Canada and Ontario 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. 373/07, 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).

Administration of oath or affirmation

4. (1) The persons described in Column 2 of the Table to this section are 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. 373/07, s. 4 (1).

(2) In the Table to this section,

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

“deputy minister’s delegate” means a public servant to whom the deputy minister has delegated his or her authority under this section and who is employed under Part III of the Act to work in the same ministry as the deputy minister;

“government lawyer” means a public servant employed under Part III of the Act as a legal counsel. O. Reg. 373/07, s. 4 (2).

TABLE
PERSONS AUTHORIZED TO ADMINISTER OATHS AND AFFIRMATIONS

Item	Column 1	Column 2
	Public servant making the oath or affirmation	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, the deputy minister’s delegate, a government lawyer or any other public servant who is a commissioner for taking affidavits
2.	A public servant who works in a minister’s office	A minister, a public servant employed under Part III of the Act who exercises managerial functions in the Office of the Premier, the Cabinet Office or the minister’s office, a government lawyer or any other public servant who is a commissioner for taking affidavits
3.	A public servant, other than a government appointee, who works in a public body	The public servant’s ethics executive as determined under subsection 62 (1) of the Act, a government lawyer or any other public servant who is a commissioner for taking affidavits
4.	A government appointee to a public body	The chair of the public body or any other public servant who is commissioner for taking affidavits
5.	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 a commissioner for taking affidavits

O. Reg. 373/07, s. 4, Table.

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