O. Reg. 480/00: RULES OF CONDUCT FOR PUBLIC SERVANTS

 

ONTARIO REGULATION 480/00

made under the

Public Service Act

Made: June 12, 2000
Approved: June 21, 2000
Filed: August 24, 2000

Amending O. Reg. 435/97

(Rules of Conduct for Public Servants)

1. (1) Section 1 of Ontario Regulation 435/97 is amended by adding the following definition:

“Conflict of Interest Commissioner” means the Conflict of Interest Commissioner appointed under the Act;

(2) The definitions of “independent commissioner” and “integrity commissioner” in section 1 of the Regulation are revoked.

2. (1) Paragraph 2 of section 2 of the Regulation is amended by striking out “integrity commissioner” and substituting “Conflict of Interest Commissioner”.

(2) Paragraph 4 of section 2 of the Regulation is revoked and the following substituted:

4. For a public servant employed in Ontario SuperBuild Corporation, the Conflict of Interest Commissioner.

3.  Section 3 of the Regulation is revoked.

4. Section 11 of the Regulation is revoked and the following substituted:

11. In sections 11.1 to 15,

“privatization matter” means a matter that relates to services currently provided under a program of the Crown or by an agency of the Crown or a corporation controlled by the Crown with respect to which the following circumstances exist:

1. There may be a change in the way in which the services are to be provided, a change in the way in which the services are to be financed or a change of the entity that is to provide some or all of the services.

2. It is possible that a private sector entity will provide all or part of the financing for the services or will provide some or all of the services.

11.1 Sections 12 to 14 apply as indicated to the following classes of public servant:

1. Public servants who routinely work on matters that have been referred to the Ontario SuperBuild Corporation by the Executive Council.

2. Public servants who are working on a privatization matter that has been referred to the Ontario SuperBuild Corporation by the Executive Council for review, implementation or monitoring and who have access to confidential information about the matter obtained during the course of their employment in the service of the Crown.

5. Subsection 12 (1) of the Regulation is revoked and the following substituted:

(1) A public servant working on a privatization matter that has been referred to the Ontario SuperBuild Corporation by the Executive Council for review, implementation or monitoring shall make a declaration to the Conflict of Interest Commissioner about whether the public servant’s private interests could conflict with his or her duties to the Crown respecting the matter.

6. (1) Subsection 13 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) A public servant who routinely works on matters that have been referred to the Ontario SuperBuild Corporation by the Executive Council shall make a declaration to the Conflict of Interest Commissioner in which the public servant discloses the following matters respecting his or her financial interests:

. . . . .

(2) Subsection 13 (2) of the Regulation is amended by adding at the beginning “Despite subsection (1)”.

7. (1) Subsections 14 (1) and (2) of the Regulation are revoked and the following substituted:

(1) A public servant who routinely works on matters that have been referred to the Ontario SuperBuild Corporation by the Executive Council shall not purchase or cause another person to purchase on his or her behalf a legal or beneficial interest in a person or entity,

(a) that is carrying on an activity formerly carried on by the Crown that has been referred to the Ontario SuperBuild Corporation by the Executive Council; or

(b) that proposes to carry on an activity formerly carried on by the Crown that has been referred to the Ontario SuperBuild Corporation by the Executive Council.

(2) A public servant working on a privatization matter that has been referred to the Ontario SuperBuild Corporation by the Executive Council for review, implementation or monitoring shall not purchase or cause another person to purchase on his or her behalf a legal or beneficial interest in a person or entity,

(a) that is carrying on an activity relating to the matter that he or she worked on that has been referred to the Ontario SuperBuild Corporation by the Executive Council; or

(b) that proposes to carry on an activity relating to the matter that he or she worked on that has been referred to the Ontario SuperBuild Corporation by the Executive Council.

(2) Subsection 14 (4) of the Regulation is revoked and the following substituted:

(4) The prohibition described in subsection (1) or (2) ceases to have effect with respect to a matter,

(a) six months after the date on which the action in respect of the matter referred to the Ontario SuperBuild Corporation is completed; or

(b) six months after the date the Crown ceases to work on the matter referred to the Ontario SuperBuild Corporation.

8. Subsection 15 (1) of the Regulation is revoked and the following substituted:

(1) The Civil Service Commission shall maintain a current list of,

(a) positions in which public servants routinely work on matters that have been referred to the Ontario SuperBuild Corporation by the Executive Council; and

(b) positions in which public servants work on a privatization matter that has been referred to the Ontario SuperBuild Corporation by the Executive Council for review, implementation or monitoring.

9. (1) Subsection 16 (1) of the Regulation is amended by striking out “or designated third party” and substituting “or Conflict of Interest Commissioner”.

(2) Subsection 16 (2) of the Regulation is amended by striking out “or designated third party” and substituting “or Conflict of Interest Commissioner”.

(3) Subsection 16 (3) of the Regulation is revoked and the following substituted:

(3) Despite subsection (2), the designated official or Conflict of Interest Commissioner may disclose information in the following circumstances:

1. When he or she is engaging in meetings, consultations, discussions or communicating for the purpose of determining whether this Regulation has been or may be contravened.

2. When he or she is advising the public servant about whether this Regulation has been or may be contravened.

3. When he or she considers it to be reasonably necessary to disclose information to a person or entity in order to enable the person or entity to perform his, her or its duties in relation to the conduct of public servants under this Regulation.

Civil Service Commission:

Michele Noble

Chair

Morag McLean

Secretary

Dated on June 12, 2000.