You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Français

Public Service of Ontario Act, 2006

ONTARIO REGULATION 384/07

conflict of interest commissioner: Powers, Duties and Functions

Consolidation Period: From February 3, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 18/16.

This is the English version of a bilingual Regulation.

Advice about conflict of interest matters

1. The Conflict of Interest Commissioner has the following additional powers, duties and functions in connection with conflict of interest matters:

1. Upon request, to advise the Public Service Commission or its delegate in respect of conflict of interest matters relating to the appointment or proposed appointment of a person under subsection 32 (1) or (2) of the Act to employment by the Crown.

2. Upon request, to advise the Public Service Commission and ethics executives about conflict of interest matters affecting the public service of Ontario.

3. Upon the request of the Public Service Commission or an ethics executive, to act as a conflict of interest advisor to consultants or other independent contractors who provide services to a ministry or a Commission public body and to persons who are seconded to a position in a ministry or a Commission public body from a position outside the public service of Ontario.

4. Upon request, to provide advice about conflicts of interest to a minister or to the Director of the Public Appointments Secretariat in respect of the proposed appointment of a person to a public body.

5. If a public servant makes the declaration to the Commissioner respecting the public servant’s financial interests that is required by the conflict of interest rules established under Part IV of the Act, to advise the public servant’s ethics executive about the actions that may be taken by the public servant in order to avoid contravening the conflict of interest rules, including advice concerning the transfer of ownership or control of an asset to a neutral third party.  O. Reg. 384/07, s. 1.

Decisions under subsection 65 (5) of the Act

2. (1) This section applies with respect to matters referred to the Conflict of Interest Commissioner under subsection 65 (6) of the Act.  O. Reg. 384/07, s. 2 (1).

(2) Without limiting the generality of the Commissioner’s powers under subsection 65 (5) of the Act, he or she may take any of the following actions in respect of a matter referred to him or her under subsection 65 (6) of the Act:

1. Recommend that the Crown not do business with a person or entity that employs or uses the services of a former public servant whose employment or services would contravene the conflict of interest rules.

2. Require a public servant to take or refrain from taking specified actions in order to avoid contravening the conflict of interest rules, including requiring the public servant to transfer ownership or control of an asset to a neutral third party.

3. Require a public servant to notify his or her supervisor of decisions that the public servant proposes to make that could result in a contravention of the conflict of interest rules, and require the public servant to obtain the supervisor’s approval for the proposed decisions.

4. Recommend disciplinary measures that may be imposed on a public servant, including suspension or dismissal, or recommend that the public servant’s resignation be accepted.

5. Recommend that a public servant be transferred to another position or assigned to perform other duties in order to avoid or remedy a contravention of the conflict of interest rules.

6. Recommend that a public servant be temporarily relieved from duties that have resulted in a contravention of the conflict of interest rules or that may result in such a contravention.  O. Reg. 384/07, s. 2 (2).

Collection, use and disclosure of personal information

3. (1) The Conflict of Interest Commissioner shall collect and use the personal information that is necessary to enable him or her to perform his or her duties under section 65 of the Act and under the conflict of interest rules established under Part IV of the Act.  O. Reg. 384/07, s. 3 (1).

(2) The Commissioner shall not disclose personal information collected under subsection (1) unless one or more of the following circumstances exist:

1. The person to whom the information relates consents to the disclosure.

2. The disclosure is required in connection with a legal proceeding relating to the Act or a regulation made under it.

3. The disclosure is made for the purpose of complying with an Act of the Legislature or an Act of Parliament or a treaty, agreement or arrangement made thereunder.

4. The disclosure is made to a law enforcement agency in Canada to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result.

5. The Commissioner considers it to be reasonably necessary to disclose the information to a person or entity in order to verify information given to the Commissioner or to an ethics executive by the public servant.

6. The Commissioner considers it to be reasonably necessary to disclose the information to a person or entity in order to determine whether the public servant has contravened, or may have contravened, the conflict of interest rules.

7. The Commissioner considers it to be reasonably necessary to disclose the information to a person or entity in order to enable the person or entity to perform his, her or its duties under the Act.  O. Reg. 384/07, s. 3 (2).

4. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 384/07, s. 4.

 

Français