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filed October 19, 2017 under Public Service of Ontario Act, 2006, S.O. 2006, c. 35, Sched. A

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ontario regulation 385/17

made under the

Public Service of Ontario Act, 2006

Made: July 26, 2017
Filed: October 19, 2017
Published on e-Laws: October 19, 2017
Printed in The Ontario Gazette: November 4, 2017

Amending O. Reg. 373/07


1. Ontario Regulation 373/07 is amended by adding the following section:


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”)

2. Section 2 of the Regulation is amended by adding the following subsection:

(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.

3. (1) Subsection 3 (1) of the Regulation is revoked and the following substituted:

Oath or affirmation of office

(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.)”

(2) Section 3 of the Regulation is amended by adding the following subsection:

(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.


4. This Regulation comes into force on the later of November 6, 2017 and the day it is filed.