O. Reg. 270/05: Rules of Conduct for Public Servants

 

ontario regulation 270/05

made under the

PUBLIC SERVICE ACT

Made: May 13, 2005
Approved: June 1, 2005
Filed: June 6, 2005
Printed in The Ontario Gazette: June 25, 2005

Amending O. Reg. 435/97

(Rules of Conduct for Public Servants)

1. (1) The definition of “same-sex partner” in section 1 of Ontario Regulation 435/97 is revoked.

(2) The definition of “spouse” in section 1 of the Regulation is revoked and the following substituted:

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage.

2. Subsection 4 (1) of the Regulation is amended by striking out “same-sex partner”.

3. (1) Subsection 8 (1) of the Regulation is amended by striking out “same-sex partner”.

(2) Subsection 8 (2) of the Regulation is amended by striking out “same-sex partner”.

(3) Subsection 8 (3) of the Regulation is amended by striking out “same-sex partner”.

(4) Subsection 8 (4) of the Regulation is amended by striking out “same-sex partner”.

4. Section 11 of the Regulation and the heading preceding it are revoked and the following substituted:

Conduct Relating to Certain Crown Activities

11. In sections 11.1 to 15,

“prescribed matter” means a matter,

(a) 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 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, and

(b) that has been referred to a ministry or agency of the Crown by the Executive Council or a member of the Executive Council for review or implementation.

5. Section 11.1 of the Regulation is revoked and the following substituted:

11.1 Sections 12 to 14 apply to each public servant who routinely works on one or more prescribed matters and who has access to confidential information about the prescribed matter obtained during the course of his or her employment in the service of the Crown.

6. Subsections 12 (1) and (2) of the Regulation are revoked and the following substituted:

(1) A public servant described in section 11.1 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 with respect to a prescribed matter referred to in that section.

(2) The declaration must be made when the public servant first becomes involved in work on the prescribed matter.

7. (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 described in section 11.1 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 (3) of the Regulation is amended by striking out “same-sex partner” wherever it appears.

(3) Subsection 13 (4) of the Regulation is amended by striking out “same-sex partner”.

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

(1) A public servant described in section 11.1 shall not purchase, or cause another person to purchase on his or her behalf, a legal or beneficial interest in an entity that is carrying on, or proposes to carry on, an activity relating to a prescribed matter referred to in section 11.1.

(2) Subsection 14 (3) of the Regulation is amended,

(a) by striking out “subsections (1) and (2)” and substituting “subsection (1)”; and

(b) by striking out “subsection (1) or (2)” and substituting “subsection (1)”.

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

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

(a) six months after the date on which the action in respect of the prescribed matter is completed; or

(b) six months after the date the Crown ceases to work on the prescribed matter.

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

(1) The Civil Service Commission shall maintain a current list of positions in which public servants routinely work on one or more prescribed matters.

10. Subsection 16 (3) of the Regulation is amended by adding the following paragraph:

0.1 When he or she is engaging in meetings, consultations, discussions or communicating for the purpose of verifying information provided to him or her by the public servant.

Made by:

Civil Service Commission:

Gail Beggs

Vice Chair

Morag McLean

Secretary

Date made: May 13, 2005.