Public Service of Ontario Statute Law Amendment Act, 2006 Phillips, Hon. Gerry Minister of Government Services — Bill 158 (38th Parliament, 2nd Session)

Bill 158, 38-2

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Bill 158, Public Service of Ontario Statute Law Amendment Act, 2006

Phillips, Hon. Gerry Minister of Government Services

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[38] Bill 158 Royal Assent (PDF)

Bill 158 2006

An Act to revise legislation relating to the public service of Ontario by repealing the Public Service Act, enacting the Public Service of Ontario Act, 2006 and the Ontario Provincial Police

Collective Bargaining Act, 2006 and making complementary amendments to various Acts and by amending various Acts in respect of the successorrights of certain public servants

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on

www.e-Laws.gov.on.ca .

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2) The Schedules to this Act come into force as provided in each Schedule.

Same

(3) If a

Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamations may apply to the whole or any portion of the Schedule, and

proclamations may be issued at different times with respect to any of those provisions.

Short title

3. The

short title of this Act is the Public Service of Ontario Statute Law Amendment Act, 2006 .

SCHEDULE A

PUBLIC SERVICE OF ONTARIO ACT, 2006

PART I

GENERAL

Purpose,

Interpretation and Application

Purposes of this Act

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.

Interpretation

(1) In this Act,

"Commission public body" means a public body that is prescribed as a Commission public body under clause 8 (1) (b); ("organisme public rattaché à la Commission")

"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 any, assigned to the minister; ("cabinet d'un ministre")

"prescribed" means prescribed by regulation; ("prescrit")

"public body" means a body that is prescribed as a public body under clause 8 (1) (a); ("organisme public")

"public service of Ontario" means,

(

a) ministries, including ministers' offices, and

(

b) public bodies; ("fonction publique de l'Ontario")

"regulation" means a regulation under this Act. ("règlement")

Public servant

(2) For the purposes of this Act, the following are public servants:

1. Every person employed under

Part III.

2. The Secretary of the Cabinet.

3. Every deputy minister.

4. Every employee of a public body.

5. Every person appointed by the Lieutenant Governor in Council, the Lieutenant Governor or a minister to a public body.

Certain appointees not public servants

(3) For the purposes of this Act, judges and officers of the Assembly are not public servants.

Application of Act to former public servants

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.

Application of Act to Cabinet Office, etc.

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.

Oaths and Affirmations

Oath or affirmation of allegiance

(1) Every public servant shall swear or affirm his or her allegiance to the Crown as prescribed under clause 8 (1) (c).

Exception

(2) Subsection (1) does not apply to a public servant in the circumstances prescribed under clause 8 (1) (d).

Oath or affirmation of office

6. Every public servant shall swear or affirm an oath of office as prescribed under clause 8 (1) (c).

Administering oath, affirmation

7. An oath or affirmation may only be administered under

section 5 or 6 by a person prescribed under clause 8 (1) (e).

Regulations

Regulations,

Part I

(1) The Lieutenant Governor in Council 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 "Commission public body" in subsection 2 (1), public bodies,

(

i) for which the Public Service Commission may, under this or any other Act, appoint public servants under

Part III, or

(ii) in respect of which there is no statutory authority to employ employees;

(

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.

Same

(2) Regulations made under this

section may be general or particular in their application.

PART II

ROLES AND RESPONSIBILITIES IN THE ADMINISTRATION OF THE PUBLIC SERVICE OF ONTARIO

Public Service Commission

Commission continued

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.

Remuneration, etc.

(3) The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of members of the Public Service Commission.

Powers, duties and functions

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.

Employees

(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.

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.

Annual report

12. Every year, the Public Service Commission shall give the minister responsible for the administration of this Act a report about its activities during the preceding year, and the minister shall lay the report

before the Assembly at the earliest reasonable opportunity.

No personal liability

(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.

Crown liability

(2) Despite subsections 5 (2) to (4) of the Proceedings Against the Crown Act , 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.

Conflict of Interest Commissioner

Conflict of Interest Commissioner

14. There shall be a Conflict of Interest Commissioner who shall be appointed by the Lieutenant Governor in Council for a fixed term.

Remuneration, etc.

15. The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of the Conflict of Interest Commissioner.

Powers, duties and functions

16. The Conflict of Interest Commissioner may exercise the powers and shall perform the duties and functions assigned to him or her under this or any other Act.

Employees

(1) Such employees as are considered necessary for the proper conduct of the office of the Conflict of Interest Commissioner may be appointed under

Part III.

Consultants

(2) The Conflict of Interest Commissioner may retain such technical and professional consultants as he or she considers necessary for the proper conduct of the office of the Commissioner, at the remuneration and on the terms that the

Commissioner approves.

Acting Commissioner

(1) The Conflict of Interest Commissioner may designate in writing a person employed in the office of the Commissioner to exercise the powers and perform the duties and functions of the Commissioner in

his or her absence.

Same

(2) If the Commissioner is absent and has not made a designation under subsection (1), the Lieutenant Governor in Council may designate in writing a person to exercise the powers and perform the duties and functions of the

Commissioner in his or her absence.

Annual report

19. Every year, the Conflict of Interest Commissioner shall give the minister responsible for the administration of this Act a report about his or her activities during the preceding year, and the minister shall lay

the report before the Assembly at the earliest reasonable opportunity.

No personal liability

(1) No action or other proceeding may be instituted against the Conflict of Interest Commissioner or an employee in the office of the Commissioner for any act done or omitted in good faith in the

exercise or intended exercise of the Commissioner's powers or in the execution or intended execution of the Commissioner's duties or functions.

Crown liability

(2) Despite subsections 5 (2) to (4) of the Proceedings Against the Crown Act , 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.

Testimony

(3) The Conflict of Interest Commissioner or an employee in the office of the Commissioner is not a competent or compellable witness in a civil proceeding respecting any information given or obtained, statements made or received, or

records or other things produced or received under this Act.

Same

(4) Subsection (3) does not apply to a civil proceeding directly related to any act done or omitted in good faith in the exercise or intended exercise of the Commissioner's powers or in the execution or intended execution of the

Commissioner's duties or functions.

Public Service Grievance Board

Public Service Grievance Board continued

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.

Remuneration, etc.

(3) The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of members of the Public Service Grievance Board.

Powers, duties and functions

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.

Procedures

(1) Proceedings before

Document details

Collection	Ontario — Bills
Citation	Bill 158, 38-2
Type	bill
Volume / chapter	p38 s2 bill 158 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e6cef8aaa3a6660f41b76e15d156e651ee3190fd

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