Public Service of Ontario Act, 2006, S.O. 2006, c. 35, Sched. A

• Jurisdiction: Ontario

Public Service of Ontario Act, 2006

S.o. 2006, chapter 35
Schedule A

Consolidation Period: From September 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 3, s. 27.

CONTENTS

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. 2006, c. 35, Sched. A, s. 1.

Interpretation

2 (1) In this Act,

“Commission public body” means a public body that is prescribed as a Commission public body under clause 8 (1.1) (b); (“organisme public rattaché à la Commission”)

“Conflict of Interest Commissioner” means the Conflict of Interest Commissioner described in section 14 as it read immediately before the day section 2 of Schedule 35 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force; (“commissaire aux conflits d’intérêts”)

“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 (1.1) (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”) 2006, c. 35, Sched. A, s. 2 (1); 2009, c. 33, Sched. 17, s. 10 (1, 2); 2018, c. 17, Sched. 35, s. 1.

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. 2006, c. 35, Sched. A, s. 2 (2).

Certain appointees not public servants

(3) For the purposes of this Act, judges, justices of the peace, associate judges, deputy judges, the Small Claims Court Administrative Judge and officers of the Assembly are not public servants. 2006, c. 35, Sched. A, s. 2 (3); 2018, c. 17, Sched. 45, s. 14; 2021, c. 4, Sched. 3, s. 27.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 17, s. 10 (1, 2) - 15/12/2009

2018, c. 17, Sched. 35, s. 1 - 01/05/2019; 2018, c. 17, Sched. 45, s. 14 - 06/12/2018

2021, c. 4, Sched. 3, s. 27 (1) - 19/04/2021; 2021, c. 4, Sched. 3, s. 27 (2) - 01/09/2021

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. 2006, c. 35, Sched. A, s. 3.

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. 2006, c. 35, Sched. A, s. 4.

Oaths and Affirmations

Oath or affirmation of allegiance

5 (1) Every public servant shall swear or affirm his or her allegiance to the Crown as prescribed under clause 8 (1) (c). 2006, c. 35, Sched. A, s. 5 (1).

Exception

(2) Subsection (1) does not apply to a public servant in the circumstances prescribed under clause 8 (1) (d). 2006, c. 35, Sched. A, s. 5 (2).

Oath or affirmation of office

6 Every public servant shall swear or affirm an oath of office as prescribed under clause 8 (1) (c). 2006, c. 35, Sched. A, s. 6.

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). 2006, c. 35, Sched. A, s. 7.

Regulations

Regulations, Part I

8 (1) The Lieutenant Governor in Council may make regulations,

(a), (b) Repealed: 2009, c. 33, Sched. 17, s. 10 (3).

(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. 2006, c. 35, Sched. A, s. 8 (1); 2009, c. 33, Sched. 17, s. 10 (3).

Same, Minister

(1.1) The minister responsible for the administration of this Act 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. 2009, c. 33, Sched. 17, s. 10 (4).

Scope of regulations

(2) Regulations made under this section may be general or particular in their application. 2006, c. 35, Sched. A, s. 8 (2).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 17, s. 10 (3, 4) - 15/12/2009

part ii
Roles and Responsibilities In The Administration of the public service of Ontario

Public Service Commission

Commission continued

9 (1) The Civil Service Commission is continued under the name the Public Service Commission in English and Commission de la fonction publique in French. 2006, c. 35, Sched. A, s. 9 (1).

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. 2006, c. 35, Sched. A, s. 9 (2).

Remuneration, etc.

(3) The Lieutenant Governor in Council may fix the remuneration and allowance for expenses of members of the Public Service Commission. 2006, c. 35, Sched. A, s. 9 (3).

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. 2006, c. 35, Sched. A, s. 10.

Employees

11 (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. 2006, c. 35, Sched. A, s. 11 (1).

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. 2006, c. 35, Sched. A, s. 11 (2).

Annual report

12 (1) The Public Service Commission shall prepare an annual report, provide it to the minister responsible for the administration of this Act and make it available to the public. 2017, c. 34, Sched. 46, s. 49 (1).

Same

(2) The Public Service Commission shall comply with such directives as may be issued by the Management Board of Cabinet with respect to,

(a) the form and content of the annual report;

(b) when to provide it to the minister; and

(c) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 49 (1).

Same

(3) The Public Service Commission shall include such additional content in the annual report as the minister may require. 2017, c. 34, Sched. 46, s. 49 (1).

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 49 (1) - 01/01/2018

Tabling of annual report

12.1 The minister responsible for the administration of this Act shall table the Public Service Commission’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 49 (1).

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 46, s. 49 (1) - 01/01/2018

No personal liability

13 (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. 2006, c. 35, Sched. A, s. 13 (1).

Crown liability

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, 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. 2006, c. 35, Sched. A, s. 13 (2); 2019, c. 7, Sched. 17, s. 149 (1).

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 17, s. 149 (1) - 01/07/2019

Integrity Commissioner

Integrity Commissioner

14 (1) The Integrity Commissioner may exercise the powers and shall perform the duties and functions assigned to him or her under this Act. 2018, c. 17, Sched. 35, s. 2.

Desig...