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

Phillips, Hon. Gerry Minister of Government Services

Versions

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

2. (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

2. (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

5. (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

8. (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;

(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

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.

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

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.

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

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.

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

17. (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

18. (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

20. (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

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

21. (1) The board known as the Public Service Grievance Board in English and Commission des griefs de la fonction publique in French is 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

23. (1) Proceedings before the Public Service Grievance Board shall be governed in accordance with the following:

1. Subject to paragraph 2, the Statutory Powers Procedure Act and any rules made under that Act by the Board apply to proceedings before the Board.

2. On the coming into force of a regulation made under subsection (2) establishing procedural rules for proceedings before the Board, the Statutory Powers Procedure Act and any rules made under that Act cease to apply to proceedings before the Board to the extent that the Statutory Powers Procedure Act and any rules made under it conflict with the regulation.

Same

(2) The Lieutenant Governor in Council may make regulations establishing procedural rules for proceedings before the Public Service Grievance Board.

Same

(3) Without limiting the generality of subsection (2), a regulation made under that subsection may provide for transitional provisions respecting the application of procedural rules to proceedings before the Public Service Grievance Board.

Same

(4) A regulation made under subsection (2) may be general or particular in its application.

Restriction, decision on grievance

24. (1) In making a decision on a grievance, the Public Service Grievance Board shall not provide for the employment of a public servant in a position that involves direct responsibility for or provides an opportunity for contact with a vulnerable person specified in a regulation made under clause 31 (1) (a) if the Board has found that the public servant,

(a) has applied force to a vulnerable person, except the minimum force necessary for self-defence or the defence of another person or necessary to restrain the vulnerable person for his or her own protection; or

(b) has sexually molested a vulnerable person.

Same

(2) Where subsection (1) applies, the Public Service Grievance Board may provide for the employment of the public servant in another, substantially equivalent, position.

Criminal conviction or discharge

25. (1) If a public servant is convicted or discharged of an offence under the Criminal Code (Canada) in respect of an act or omission that results in discipline or dismissal and the discipline or dismissal becomes the subject matter of a grievance before the Public Service Grievance Board, proof of the conviction or discharge shall be taken as conclusive evidence that the public servant committed the act or omission after,

(a) the time for an appeal has expired; or

(b) if an appeal was taken, the appeal was dismissed and no further appeal is available.

Adjournment pending appeal to be granted

(2) If an adjournment of a grievance is requested pending an appeal of a conviction or a discharge mentioned in subsection (1), the Public Service Grievance Board shall grant the adjournment.

Decisions final

26. A decision of the Public Service Grievance Board is final.

No personal liability

27. (1) No action or other proceeding may be instituted against the Public Service Grievance Board or a member of or an employee in the Board for any act done or omitted in good faith in the exercise or intended exercise of the Board's powers or in the execution or intended execution of the Board's duties and functions.

Crown liability

Other Officials

Secretary of the Cabinet

28. The Secretary of the Cabinet is the clerk of the Executive Council and the head of the public service of Ontario.

Deputy ministers

Responsibility for operation of ministry

29. (1) The deputy minister of a ministry, acting on behalf of the minister, is responsible for the operation of the ministry.

Responsibility to inform minister

(2) The deputy minister shall give the minister such information as the minister may require to carry out his or her responsibilities as the minister of the ministry, a member of the Executive Council and a member of the Assembly.

Responsibility re public servants

(3) Deputy ministers shall promote effective, non-partisan, professional, ethical and competent public service by public servants.

Powers, duties and functions

(4) A deputy minister shall exercise such powers and perform such duties and functions as may be assigned to him or her under this or any other Act or by the Lieutenant Governor in Council or by the minister.

Acting deputy ministers

30. (1) The Secretary of the Cabinet may designate in writing a public servant to exercise the powers and perform the duties and functions of the deputy minister in his or her absence.

Same

(2) The Secretary of the Cabinet may delegate his or her power to designate under subsection (1) to a deputy minister with respect to his or her ministry.

Same

(3) The Secretary of the Cabinet may impose conditions and restrictions that govern the exercise of the delegated power.

Regulations

Regulations, Part II

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

(a) specifying who is a vulnerable person for the purposes of section 24;

(b) prescribing powers, duties and functions of the Public Service Grievance Board, in addition to those provided under this Act;

(c) prescribing circumstances in addition to those set out in this Act in which a public servant may file a grievance with the Public Service Grievance Board;

(d) prescribing matters that cannot be the subject of a grievance before the Public Service Grievance Board;

(e) prescribing classes of public servants who are not eligible to file a grievance with the Public Service Grievance Board;

(f) prescribing remedy powers of the Public Service Grievance Board in respect of circumstances prescribed under clause (c);

(g) prescribing powers, duties and functions of the Public Service Commission and the Conflict of Interest Commissioner, in addition to those provided under this Act;

(h) providing for the delegation and subdelegation of the powers, duties and functions prescribed under clause (g), in the manner and to the persons or bodies specified in the regulations, subject to such restrictions or conditions as may be prescribed.

Same

(2) Regulations made under this section may be general or particular in their application.

PART III
EMPLOYMENT BY THE CROWN

Appointment by the
Public Service Commission

Employment in a ministry

32. (1) The Public Service Commission may appoint persons to employment by the Crown to work in a ministry, other than in a minister's office.

Employment in a Commission public body

(2) The Public Service Commission may appoint persons to employment by the Crown to work in a Commission public body.

Fixed term or otherwise

(3) An appointment by the Public Service Commission may be for a fixed term or otherwise.

Same

(4) A person appointed by the Public Service Commission for a fixed term may be reappointed for one or more further terms.

Creation of positions

33. (1) The Management Board of Cabinet may, by directive, create classes of position for public servants appointed by the Public Service Commission and determine the duties of and qualifications for the positions.

Salary or wage ranges

(2) The Management Board of Cabinet may, by directive, determine salary ranges or wage ranges for public servants appointed by the Public Service Commission.

Other remuneration

(3) The Management Board of Cabinet may, by directive, determine other remuneration, including benefits, for public servants appointed by the Public Service Commission.

Other terms, conditions of employment

(4) The Management Board of Cabinet may, by directive, establish other terms and conditions of employment for public servants appointed by the Public Service Commission.

General or particular

(5) Directives issued under this section may be general or particular in their application.

Non-application

(6) The Regulations Act does not apply to a directive issued under this section.

Archive

(7) The Management Board of Cabinet shall maintain an archive of all directives issued by it under this section indicating the period during which each directive applies.

Disciplinary measures

34. The Public Service Commission may for cause impose disciplinary measures, including suspension or dismissal, on a public servant appointed by it, as the Commission considers appropriate.

Suspension, maximum period

35. A suspension under section 34 by the Public Service Commission may continue for a period not exceeding one month and, during the suspension, the public servant is not entitled to receive a salary, wages or any other remuneration, including benefits.

Commission may investigate

36. (1) The Public Service Commission may conduct an investigation in order to determine whether there is cause for the purposes of section 34.

Suspension pending an investigation

(2) The Public Service Commission may, pending the conclusion of an investigation, suspend the public servant for a period not exceeding the period prescribed under clause 55 (1) (a).

Same

(3) The Public Service Commission may withhold the public servant's salary, wages or any other remuneration, including benefits, during the suspension under this section if it considers it appropriate to do so, and may, at the end of the investigation, reimburse amounts that were withheld if it considers it appropriate to do so.

Probationary period

37. (1) Where the Public Service Commission appoints a public servant to employment for a term that is not fixed, the Commission may direct that the public servant be on probation for a period of not more than one year.

Same

(2) While on probation under subsection (1), the public servant may be dismissed for failure to meet the requirements of his or her position.

Dismissal without cause

38. (1) The Public Service Commission may without cause dismiss a public servant appointed by it who is employed in a class of position that is prescribed under clause 55 (1) (b) by giving the public servant reasonable notice or by giving the public servant compensation in lieu of notice.

Reinstatement

(2) An order to reinstate a public servant who is dismissed under subsection (1) shall not be made by any court, tribunal or other arbitrator.

Dismissal for certain reasons

39. The Public Service Commission may dismiss a public servant appointed by it for the following reasons:

1. A shortage of work.

2. A shortage of funds.

3. The elimination of the public servant's position.

4. A material change in the ministry or Commission public body in which the public servant works.

Effect of dismissal

40. When the dismissal of a public servant takes effect, he or she ceases to be employed by the Crown.

Resignation

41. (1) A public servant appointed by the Public Service Commission may resign from his or her position by giving at least two weeks notice in writing of the intention to resign to the Commission.

Withdrawal

(2) A public servant may, by giving notice in writing to the Public Service Commission, withdraw the notice of intention to resign at any time before its effective date if,

(a) no person has been appointed or selected for appointment by the Commission to the position held by the public servant; and

(b) the Commission approves the withdrawal.

Effect of resignation

(3) When the resignation of a public servant takes effect, he or she ceases to be employed by the Crown.

Abandonment

42. (1) If a public servant appointed by the Public Service Commission is absent from work without approved leave for a period of two weeks or more, the Commission may declare, in writing, that the public servant has abandoned the position and that his or her employment by the Crown is terminated.

Effect of termination

(2) When a declaration with respect to a public servant is made under subsection (1), the termination takes effect and the public servant ceases to be employed by the Crown.

Directives, human resources

43. (1) The Public Service Commission may issue directives for effective management and administration of human resources in relation to public servants appointed by it.

Directives, non-partisan

(2) The Public Service Commission shall ensure by directive that the recruitment and employment of public servants appointed by it are non-partisan.

Conflict

(3) In the case of a conflict between a directive issued by the Public Service Commission under subsection (1) and a policy, procedure or directive of the Management Board of Cabinet under the Management Board of Cabinet Act or under this Act, the latter prevails.

Same

(4) The Management Board of Cabinet shall not set a policy or procedure under the Management Board of Cabinet Act or issue a directive under that Act or under this Act that would be inconsistent with the non-partisan nature of the public service of Ontario.

General or particular

(5) Directives issued under this section may be general or particular in their application.

Non-application

(6) The Regulations Act does not apply to a directive issued under this section.

Archive

(7) The Public Service Commission shall maintain an archive of all directives issued by it under this section indicating the period during which each directive applies.

Delegation by Commission

Delegation, public servants appointed to work in a ministry

44. (1) The Public Service Commission may delegate any of its powers, duties or functions under subsection 32 (1) and sections 34 to 42 in respect of public servants appointed by it to work in a ministry to the deputy minister of the ministry.

Subdelegation by deputy minister

(2) A deputy minister may subdelegate any of the powers, duties or functions delegated to him or her under subsection (1) to one or more public servants employed under this Part who work in his or her ministry.

Same

(3) With the permission of the Public Service Commission, a deputy minister may subdelegate to one or more persons any of the powers, duties or functions delegated to him or her under subsection (1), other than the power to dismiss a public servant and the power to make a declaration under subsection 42 (1).

Delegation, public servants appointed to work in Commission public body

(4) Subject to subsection (5), the Public Service Commission may delegate any of its powers, duties or functions under subsection 32 (2) and sections 34 to 42 in respect of public servants appointed by it to work in a Commission public body to a deputy minister or to,

(a) an individual who is prescribed under clause 55 (1) (c) for the body; or

(b) the chair of the body, if no individual is prescribed under clause 55 (1) (c) for the body.

Limitation

(5) The power to dismiss a public servant and the power to make a declaration under subsection 42 (1) may only be delegated under subsection (4) by the Public Service Commission to a deputy minister.

Subdelegation by deputy minister

(6) A deputy minister may subdelegate any of the powers, duties or functions delegated to him or her under subsection (4) to one or more public servants employed under this Part who work in his or her ministry.

Subdelegation by chair or prescribed individual

(7) A person referred to in clause (4) (a) or (b) may subdelegate any of the powers, duties or functions delegated to him or her under subsection (4) to one or more public servants employed under this Part who work in the body.

Same

(8) With the permission of the Public Service Commission, a person referred to in clause (4) (a) or (b) may subdelegate any of the powers, duties or functions delegated to him or her under subsection (4) to one or more persons.

Conditions and restrictions

(9) A person or body who delegates or subdelegates powers, duties or functions under this section may impose conditions and restrictions that govern the exercise of the delegated powers or the performance of the delegated duties or functions.

Same

(10) Despite a permission provided in this section to subdelegate, a delegation under this section may provide that delegated powers, duties and functions may not be subdelegated.

Delegation by Management Board of Cabinet

45. (1) The Management Board of Cabinet may delegate its powers, duties or functions under section 33 to the Public Service Commission.

Conditions

(2) The Management Board of Cabinet may impose conditions and restrictions that govern the exercise of the delegated powers or the performance of the delegated duties or functions.

Secondment to minister's office

46. At the request of a minister, the Public Service Commission may assign persons appointed under subsection 32 (1) to work in the minister's office for a fixed term.

Appointment to Work in a Minister's Office

Employment in a minister's office

47. An individual designated by the Premier in relation to a minister's office for the purposes of this section or, if no such individual is designated, the minister may appoint persons to employment by the Crown to work in the minister's office for a fixed term.

Creation of positions

48. (1) The Management Board of Cabinet may, by directive, create classes of position for public servants appointed under section 47 and determine the duties of and qualifications for the positions.

Salary or wage ranges

(2) The Management Board of Cabinet may, by directive, determine salary ranges or wage ranges for public servants appointed under section 47.

Other remuneration

(3) The Management Board of Cabinet may, by directive, determine other remuneration, including benefits, for public servants appointed under section 47.

Other terms, conditions of employment

(4) The Management Board of Cabinet may, by directive, establish other terms and conditions of employment for public servants appointed under section 47.

General or particular

(5) Directives issued under this section may be general or particular in their application.

Non-application

(6) The Regulations Act does not apply to a directive made under this section.

Archive

(7) The Management Board of Cabinet shall maintain an archive of all directives issued by it under this section indicating the period during which each directive applies.

Disciplinary measures

49. Sections 34 to 36 and sections 39 to 42 apply with necessary modifications in respect of public servants appointed under section 47 and, for the purpose,

(a) a reference to a public servant appointed by the Public Service Commission shall be read as a reference to a public servant appointed under section 47; and

(b) a reference to the Public Service Commission shall be read as a reference to an individual designated by the Premier in relation to a minister's office for the purposes of section 47 or, if no such individual is designated, the minister.

Dismissal without cause

50. (1) An individual designated by the Premier in relation to a minister's office for the purposes of section 47 or, if no such individual is designated, the minister may without cause dismiss a public servant appointed under section 47 by giving the public servant reasonable notice or by giving the public servant compensation in lieu of notice.

Reinstatement

(2) An order to reinstate a public servant who is dismissed under subsection (1) shall not be made by any court, tribunal or other arbitrator.

Delegation

Delegation by Premier's designate

51. (1) An individual designated by the Premier in relation to a minister's office for the purposes of section 47 may delegate any of his or her powers, duties and functions under sections 47 to 50 to the minister or to the minister's executive assistant.

Subdelegation by minister

(2) A minister may subdelegate any of the powers, duties or functions delegated to the minister under subsection (1) to the minister's executive assistant.

Delegation by minister

(3) If no individual is designated by the Premier in relation to a minister's office for the purposes of section 47, the minister may delegate any of his or her powers, duties and functions under sections 47 to 50 to the minister's executive assistant.

Conditions and restrictions

(4) A person who delegates or subdelegates powers, duties and functions under this section may impose conditions and restrictions that govern the exercise of the delegated powers or the performance of the delegated duties or functions.

General

Status as employee of the Crown

52. (1) A person's status as an employee of the Crown in a ministry or a Commission public body is established only by appointment in writing under this Part.

Same

(2) For greater certainty, a person's status as an employee of the Crown in a ministry or in a Commission public body cannot be inferred from his or her workplace or workplace activities.

Government appointees employed under this Part

53. A public servant employed under this Part who is also a government appointee is subject to the terms and conditions of employment applicable to him or her under this Part.

Fixed term

54. A public servant employed under this Part whose employment is for a fixed term ceases to be employed by the Crown when that period expires.

Regulations

Regulations, Part III

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

(a) prescribing the maximum period for a suspension pending an investigation for the purposes of subsection 36 (2);

(b) prescribing classes of position for the purposes of subsection 38 (1);

Same

(2) Regulations made under this section may be general or particular in their application.

PART IV
ETHICAL CONDUCT

Application of Conflict of Interest Rules to Public Servants and Former Public Servants

Application

56. (1) Sections 57 to 65 apply to public servants and former public servants other than public servants who work or, immediately before ceasing to be a public servant, worked in a minister's office.

Same, ministers' offices

(2) Sections 66 to 69 apply to public servants and former public servants who work or who, immediately before ceasing to be a public servant, worked in a minister's office.

Ministries (Other than Ministers' Offices) and Public Bodies

Rules for ministries

57. Every public servant and every former public servant who works or, immediately before ceasing to be a public servant, worked in a ministry shall comply with the conflict of interest rules prescribed under clause 71 (1) (a) that apply in respect of the ministry.

Rules for public bodies

58. Every public servant and every former public servant who works or, immediately before ceasing to be a public servant, worked in a public body shall comply with the conflict of interest rules that apply to him or her, determined as follows:

1. The conflict of interest rules that apply to the public servant or former public servant are the rules, if any, approved and published by the Conflict of Interest Commissioner under section 59 or 60 for the public body.

2. During the year beginning on the day on which this section comes into force, if no conflict of interest rules are approved and published by the Conflict of Interest Commissioner under section 59 or 60 for a Commission public body, the conflict of interest rules prescribed under clause 71 (1) (a) apply to the public servant or former public servant, with necessary modifications.

3. During the year beginning on the day on which this section comes into force, if no conflict of interest rules are approved and published by the Conflict of Interest Commissioner under section 59 or 60 for a public body that is not a Commission public body, the conflict of interest rules that apply to the public servant or former public servant are the rules that applied to him or her immediately before this section comes into force.

4. After the year beginning on the day on which this section comes into force, if no conflict of interest rules are approved and published by the Conflict of Interest Commissioner under section 59 or 60 for a public body, the conflict of interest rules prescribed under clause 71 (1) (a) apply to the public servant or former public servant, with necessary modifications.

Rules prepared by public bodies

59. (1) A public body may submit proposed conflict of interest rules with respect to the body to the Conflict of Interest Commissioner.

Approval of proposed rules

(2) The Conflict of Interest Commissioner shall approve, in writing, the rules proposed for a public body under subsection (1) if, in the Commissioner's opinion, the proposed rules establish a degree of ethical conduct that is at least equivalent to the degree of ethical conduct established by the conflict of interest rules prescribed under clause 71 (1) (a), having regard to the powers, duties and functions of the public body.

Same

(3) Conflict of interest rules approved by the Conflict of Interest Commissioner have no effect unless the rules are published in accordance with subsection (4).

Same

(4) The Conflict of Interest Commissioner shall publish approved conflict of interest rules on the Commissioner's website, and shall indicate on the rules the date on which they were so published.

Same

(5) Conflict of interest rules published in accordance with subsection (4) take effect on the date of publication indicated under subsection (4) or on such later date as may be specified on the website by the Conflict of Interest Commissioner in respect of the published rules.

Non-application

(6) The Regulations Act does not apply to rules made by a public body and approved by the Commissioner under subsection (2).

Change in rules

60. (1) If the rules prescribed under clause 71 (1) (a) change and, in the Conflict of Interest Commissioner's opinion, rules approved and published under section 59 for a public body no longer meet the test set out in subsection 59 (2), the Commissioner may request that the body amend its rules and submit the amended rules to the Commissioner within a time period specified by him or her.

Same

(2) The Conflict of Interest Commissioner may extend the time period within which the amended rules may be submitted, either before or after the expiry of the period.

Same

(3) Subsections 59 (2) to (6) apply, with necessary modifications, to rules submitted under subsection (1).

Change in rules

61. (1) Subsections (2) and (3) apply if,

(a) a public body fails to submit amended rules within the time period specified under subsection 60 (1) or (2);

(b) the Conflict of Interest Commissioner notifies a public body that amended rules submitted by it under subsection 60 (1) do not meet the test set out in subsection 59 (2); or

(c) the public body rescinds the rules made by it under section 59 or 60 and notifies the Conflict of Interest Commissioner of the rescission in writing.

Same

(2) The conflict of interest rules that were in effect for the public body cease to apply to the body and the conflict of interest rules prescribed under clause 71 (1) (a) apply to the body with such modifications as are necessary having regard to the body's powers, duties and functions, on and after the date specified by the Conflict of Interest Commissioner under subsection (3).

Same

(3) The Conflict of Interest Commissioner shall publish a notice on the Commissioner's website specifying a date for the purposes of subsection (2).

Ethics executive for public servants

62. (1) The ethics executive for a public servant is determined as follows:

1. The ethics executive for a public servant employed under Part III who works in a ministry, other than in a minister's office, is the deputy minister.

2. The ethics executive for a deputy minister is the Secretary of the Cabinet.

3. The ethics executive for a public servant who works in a public body, whether as a government appointee, as an employee under Part III or as an employee of the public body is the individual who is prescribed under clause 71 (1) (b) for the public servant or, if no individual is prescribed under that clause for the public servant, the chair of the body.

4. The ethics executive for the Secretary of the Cabinet, the chairs of public bodies and any individuals prescribed under clauses 55 (1) (c) and 71 (1) (b) is the Conflict of Interest Commissioner.

5. The ethics executive for the Conflict of Interest Commissioner is the Integrity Commissioner.

Delegation, O.P.P.

(2) The deputy minister of the Ministry of Community Safety and Correctional Services may delegate any of his or her powers, duties and functions as ethics executive with respect to members of the Ontario Provincial Police to the Commissioner of the Ontario Provincial Police.

Ethics executive for former public servant

63. The ethics executive for a former public servant is determined as follows:

1. The ethics executive for a former public servant who, immediately before ceasing to be a public servant, was a public servant employed under Part III who worked in a ministry, other than in a minister's office, is the Public Service Commission.

2. The ethics executive for a former public servant who, immediately before ceasing to be a public servant, worked in a public body, whether as a government appointee, as an employee under Part III or as an employee of the public body, is the Conflict of Interest Commissioner.

3. The ethics executive for a former deputy minister or a former Secretary of the Cabinet is the Conflict of Interest Commissioner.

Promotion of ethical conduct

64. The ethics executive for a public servant who works in a ministry, other than in a minister's office, or who works in a public body shall,

(a) ensure that public servants who work in the ministry or the public body are familiar with the conflict of interest rules that apply in respect of the ministry or the public body; and

(b) promote ethical conduct by public servants who work in the ministry or the public body.

Role of ethics executive

Questions for ethics executive

65. (1) A public servant or former public servant may request that his or her ethics executive determine a question about the application of conflict of interest rules to the public servant or former public servant.

Same

(2) A supervisor of a public servant may request that the public servant's ethics executive determine a question about the application of conflict interest rules to the public servant.

Duty to notify

(3) If a public servant or a former public servant has personal or pecuniary interests that could raise an issue under the conflict of interest rules that apply to him or her, the public servant or former public servant shall notify his or her ethics executive.

Inquiries

(4) The ethics executive may make such inquiries as he or she considers appropriate in response to a request, a notification or where the ethics executive has concerns that a conflict of interest rule has been or is about to be contravened by a public servant or former public servant.

Determinations and directions

(5) An ethics executive shall,

(a) make a determination with respect to any matter that is brought to the attention of the ethics executive under subsections (1) to (3) or that is the subject of inquiry under subsection (4); and

(b) in the case of a determination that there is a conflict of interest or potential conflict of interest, give the public servant or former public servant directions, if any, that the ethics executive considers appropriate to address the conflict of interest or potential conflict of interest.

Same

(6) If an ethics executive, other than the Conflict of Interest Commissioner or Integrity Commissioner, considers it appropriate to do so, the ethics executive may refer any matter that is brought to the ethics executive's attention under subsections (1) to (3) or that is the subject of inquiry under subsection (4) to the Conflict of Interest Commissioner, to be dealt with by the Commissioner under subsection (5).

Same

(7) Where an ethics executive has referred a matter to the Conflict of Interest Commissioner under subsection (6), the Commissioner shall inform the ethics executive of any determination made or direction given by the Commissioner under subsection (5) as a result of the referral.

Compliance with direction

(8) A public servant or former public servant shall comply with a direction of the ethics executive or the Conflict of Interest Commissioner.

Contravention by government appointee

(9) If an ethics executive or the Conflict of Interest Commissioner makes a determination under subsection (5) that a government appointee has contravened a conflict of interest rule, the ethics executive or the Conflict of Interest Commissioner, as the case may be, shall notify the minister responsible for the body to which the government appointee is appointed of the contravention.

Same

(10) If the Conflict of Interest Commissioner makes a determination under subsection (5) that a former public servant who, immediately before ceasing to be a public servant, worked in a public body as a government appointee has contravened a conflict of interest rule, the Commissioner shall notify the minister responsible for the body to which the government appointee was appointed of the contravention.

Ministers' Offices

Rules for ministers' offices

66. Every public servant and every former public servant who works or, immediately before ceasing to be a public servant, worked in a minister's office shall comply with the conflict of interest rules prescribed under clause 71 (1) (c) that apply in respect of the minister's office.

Promotion of ethical conduct

67. A minister shall,

(a) ensure that public servants who work in the minister's office are familiar with the conflict of interest rules that apply in respect of the minister's office; and

(b) promote ethical conduct by public servants who work in the minister's office.

Ethics executive

68. The ethics executive for a public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister's office is the Integrity Commissioner.

Role of ethics executive

Questions for ethics executive

69. (1) A public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister's office may request that his or her ethics executive determine a question about the application of conflict of interest rules to the public servant or former public servant.

Same

(2) A supervisor of a public servant who works in a minister's office may request that the public servant's ethics executive determine a question about the application of conflict of interest rules to the public servant.

Duty to notify

(3) If a public servant or a former public servant who works or, immediately before ceasing to be a public servant, worked in a minister's office has personal or pecuniary interests that could raise an issue under the conflict of interest rules that apply to him or her, the public servant or former public servant shall notify his or her ethics executive.

Inquiries

Determinations and directions

(5) The ethics executive shall,

(a) make a determination with respect to any matter that is brought to his or her attention under subsections (1) to (3) or that is the subject of inquiry under subsection (4); and

(b) in the case of a determination that there is a conflict of interest or potential conflict of interest, give the public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister's office directions, if any, that the ethics executive considers appropriate to address the conflict of interest or potential conflict of interest.

Compliance with direction

(6) A public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister's office shall comply with a direction of the ethics executive.

Notice to minister

(7) The ethics executive shall notify the minister if the ethics executive,

(a) makes a determination under subsection (5) that a public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister's office has a conflict of interest or potential conflict of interest; or

(b) gives a direction under subsection (5) to a public servant or former public servant who works or, immediately before ceasing to be a public servant, worked in a minister's office.

Penalty

Penalty

70. A public servant who contravenes a conflict of interest rule applicable to him or her or who contravenes a direction under section 65 or 69 is subject to disciplinary measures, including suspension and dismissal.

Regulations

Regulations, Part IV

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

(a) establishing conflict of interest rules for public servants and former public servants who work or, immediately before ceasing to be a public servant, worked in a ministry, other than in a minister's office, for the purposes of section 57;

(b) prescribing individuals for the purposes of paragraph 3 of subsection 62 (1);

(c) establishing conflict of interest rules for public servants and former public servants who work or, immediately before ceasing to be a public servant, worked in a minister's office, for the purposes of section 66;

(d) prescribing powers, duties and functions of an ethics executive in relation to conflict of interest matters, in addition to those provided under this Act;

(e) respecting procedures to be followed in connection with this Part.

Same

(2) Regulations made under this section may be general or particular in their application.

PART V
POLITICAL ACTIVITY

Interpretation

Political activity

72. For the purposes of this Part, a public servant engages in political activity when,

(a) the public servant does anything in support of or in opposition to a federal or provincial political party;

(b) the public servant does anything in support of or in opposition to a candidate in a federal, provincial or municipal election;

(d) the public servant comments publicly and outside the scope of the duties of his or her position on matters that are directly related to those duties and that are dealt with in the positions or policies of a federal or provincial political party or in the positions or policies publicly expressed by a candidate in a federal, provincial or municipal election.

Ethics executive

73. (1) For the purposes of this Part, the ethics executive for a public servant is,

(a) in the case of a public servant who works in a minister's office, the Integrity Commissioner;

(b) in the case of any other public servant, his or her ethics executive determined under subsection 62 (1).

Same

(2) Subsection 62 (2) applies to the deputy minister of the Ministry of Community Safety and Correctional Services as ethics executive with respect to members of the Ontario Provincial Police.

Rules for Political Activity of Most Public Servants

Application

74. Sections 75 to 84 apply to public servants other than,

(a) specially restricted public servants within the meaning of subsection 85 (2); or

(b) public servants who work in a minister's office.

Right to engage

75. A public servant is entitled to engage in political activity, subject to the restrictions set out under this Part.

Right to decline

76. A public servant is entitled to decline to engage in political activity.

Prohibited political activities

77. A public servant shall not,

(a) engage in political activity in the workplace;

(b) engage in political activity while wearing a uniform associated with a position in the public service of Ontario;

(d) associate his or her position with political activity, except if the public servant is or is seeking to become a candidate in a federal, provincial or municipal election, and then only to the extent necessary to identify the public servant's position and work experience.

Definition, "election period"

78. In sections 79 to 82,

"election period" means,

(a) in respect of a political activity that relates to a federal or provincial election, the period starting on the day that a writ is issued for the election and ending on the polling day for the election,

(b) in respect of a political activity that relates to a municipal election, the period starting 60 days before the polling day for the election and ending on the polling day for the election.

Restricted political activities

79. (1) Subject to subsection (2), unless a public servant has been granted an unpaid leave of absence under section 80, he or she shall not,

(a) be or seek to become a candidate in a federal or provincial election;

(b) solicit funds on behalf of a federal or provincial party or a federal, provincial or municipal candidate if his or her duties include,

(i) supervising other public servants, or

(ii) dealing directly with members of the public if those members of the public may perceive him or her as a person able to exercise power over them;

(c) comment publicly, outside the scope of his or her duties as a public servant, on matters that are directly related to those duties and that are addressed in the policies of a federal or provincial party or in the policies of a candidate in a federal, provincial or municipal election;

(d) engage in political activity if doing so could interfere with the performance of his or her duties as a public servant; or

(e) engage in political activity if doing so could conflict with,

(i) in the case of a public servant who works in a ministry, the interests of the Crown,

(ii) in the case of a public servant who works in a public body, the interests of the public body.

Exception

(2) A public servant who is or seeks to become a candidate in a federal or provincial election at any time other than during an election period is not required to be on an unpaid leave of absence to do so, if his or her ethics executive determines under subsection 80 (3) that a leave is not necessary in the circumstances.

Application to engage in restricted political activity

80. (1) A public servant who wishes to engage in political activity described in subsection 79 (1) may apply under this section to his or her ethics executive and the application shall specify the political activity.

Same

(2) Subject to subsection (3), on receiving the application, the ethics executive,

(a) shall grant the public servant an unpaid leave of absence, in the case of an application to engage in political activity during an election period; and

(b) may grant the public servant an unpaid leave of absence, in the case of an application to engage in political activity at a time other than during an election period, if the ethics executive considers it appropriate to do so.

Same

(3) In the case of an application to be or seek to become a candidate in a federal or provincial election at a time other than during an election period, the ethics executive shall determine whether an unpaid leave of absence is necessary in the circumstances and, if it is necessary, shall grant the leave.

Leave of absence for other political activity

81. (1) A public servant may apply under this section to his or her ethics executive for an unpaid leave of absence for the purposes of engaging in political activity other than political activity that is prohibited under section 77 or restricted under subsection 79 (1).

Same

(2) On receiving the application, the ethics executive,

(a) shall grant the public servant an unpaid leave of absence, in the case of an application to engage in political activity during an election period; and

Length of leave

82. If an unpaid leave of absence is granted under section 80 or 81, the following rules apply to the length of the leave:

1. A leave of absence granted to enable a public servant to engage in political activity during an election period shall not begin earlier than the beginning of the election period and shall not end later than the end of the election period.

2. A leave of absence granted to enable a public servant to engage in political activity other than during an election period shall begin and end in accordance with the regulations under clause 107 (1) (a) or, if no regulation applies in respect of the leave, on dates determined by the ethics executive to be appropriate in the circumstances.

Continuous service

83. The period of an unpaid leave granted under section 80 or 81 shall not be counted in determining the length of the public servant's service, but the service before and after the period of leave is deemed to be continuous for all purposes.

Role of ethics executive

Questions for ethics executive

84. (1) A public servant or his or her supervisor may request that the public servant's ethics executive determine a question about the political activity rights that apply in respect of the public servant.

Duty to notify

(2) A public servant shall notify his or her ethics executive if the public servant's political activities could conflict with,

(a) in the case of a public servant who works in a ministry, the interests of the Crown;

(b) in the case of a public servant who works in a public body, the interests of the public body.

Inquiries

(3) The ethics executive may make such inquiries as he or she considers appropriate in response to a request, a notification or where the ethics executive has concerns that a public servant has engaged or is about to engage in political activity in contravention of this Part or a direction or regulation under this Part.

Determinations and directions

(4) An ethics executive shall,

(a) make a determination with respect to any matter that is brought to the attention of the ethics executive under subsection (1) or (2) or that is the subject of inquiry under subsection (3); and

(b) in the case of a determination that a public servant has or is about to engage in political activity in contravention of this Part or a direction or regulation under this Part, give the public servant directions, if any, that the ethics executive considers appropriate to address the matter.

Same

(5) If an ethics executive, other than the Conflict of Interest Commissioner or Integrity Commissioner, considers it appropriate to do so, the ethics executive may refer any matter that is brought to the ethics executive's attention under subsection (1) or (2) or that is the subject of inquiry under subsection (3) to the Conflict of Interest Commissioner to be dealt with by the Commissioner under subsection (4).

Same

(6) Where an ethics executive has referred a matter to the Conflict of Interest Commissioner under subsection (5), the Commissioner shall inform the ethics executive of any determination made or direction given by the Commissioner under subsection (4) as a result of the referral.

Compliance with direction

(7) A public servant shall comply with a direction of the ethics executive or the Conflict of Interest Commissioner.

Contravention by government appointee

(8) If an ethics executive or the Conflict of Interest Commissioner makes a determination under subsection (4) that a government appointee has engaged in political activity in contravention of this Part or of a direction or regulation under this Part, the ethics executive or the Commissioner, as the case may be, shall notify the minister responsible for the body to which the government appointee is appointed regarding the matter.

Rules for Political Activity of Specially Restricted Public Servants

Application

85. (1) Sections 86 to 93 apply to specially restricted public servants within the meaning of subsection (2).

Specially restricted public servants

(2) The following are specially restricted public servants:

1. The Conflict of Interest Commissioner.

2. The Secretary of the Cabinet.

3. Every deputy minister or associate deputy minister in a ministry.

4. Every assistant deputy minister in a ministry.

5. Every director in a ministry.

6. Every deputy director of a legal services branch of a ministry.

7. Every Crown Attorney.

8. Every commissioned officer and detachment commander in the Ontario Provincial Police.

9. Every government appointee who is a member of a tribunal prescribed under clause 107 (1) (b).

10. A public servant in a class prescribed under clause 107 (1) (c).

No political activity except as permitted

86. A specially restricted public servant shall not engage in political activity except as permitted under this Part.

Right to decline

87. A specially restricted public servant is entitled to decline to engage in political activity.

Prohibited political activities

88. In engaging in political activity that is permitted under section 89, 90 or 92, a specially restricted public servant shall not,

(a) engage in political activity in the workplace;

(b) engage in political activity while wearing a uniform associated with a position in the public service of Ontario;

(e) engage in political activity if doing so could interfere with the performance of his or her duties as a public servant.

Permitted political activities

89. (1) A specially restricted public servant may,

(a) vote in a federal, provincial or municipal election;

(b) contribute money to a federal or provincial party or to a federal, provincial or municipal candidate;

(d) attend an all-candidates meeting.

Limitation

(2) Clauses (1) (b) and (c) do not apply to the Secretary of the Cabinet, the Conflict of Interest Commissioner or a deputy minister.

Permitted political activities if authorized

90. (1) A specially restricted public servant, if authorized under subsection (4), may,

(a) be or seek to become a candidate in a municipal election;

(b) campaign on behalf of a candidate in a municipal election.

Authorization

(2) A specially restricted public servant who wishes to engage in political activity described in subsection (1) may apply under this section for authorization.

Same

(3) The application shall specify the political activity for which authorization is sought and shall be made to the ethics executive for the specially restricted public servant.

Same

(4) On receiving the application, the ethics executive shall make such inquiries as he or she considers appropriate and shall authorize the specially restricted public servant to engage in all or some of the political activity specified in the application if, in the opinion of the ethics executive, the activities would not interfere with the performance of the public servant's duties and,

(a) in the case of a public servant who works in a ministry, would not conflict with the interests of the Crown;

(b) in the case of a public servant who works in a public body, would not conflict with the interests of the body.

Same

(5) In granting an authorization, an ethics executive may impose any conditions and restrictions that he or she considers appropriate in the circumstances, including requiring the specially restricted public servant to be on an unpaid leave of absence.

Same

(6) If, in granting an authorization, an ethics executive requires that a specially restricted public servant be on an unpaid leave of absence, the leave of absence shall begin and end in accordance with the regulations under clause 107 (1) (a) or, if no regulation applies in respect of the leave, on dates determined by the ethics executive to be appropriate in the circumstances.

Continuous service

91. The period of an unpaid leave granted under section 90 shall not be counted in determining the length of the public servant's service, but the service before and after the period of leave is deemed to be continuous for all purposes.

Part-time government appointees

92. (1) This section applies to specially restricted public servants who are part-time government appointees.

Authorization

(2) A public servant described in subsection (1) may apply under this section for authorization to engage in any political activity that is not permitted to him or her under section 89, other than,

(a) political activity that is prohibited under section 88; or

(b) political activity for which he or she may seek authorization under section 90.

Same

(3) The application shall specify the political activity and shall be made to the Conflict of Interest Commissioner.

Same

(4) On receiving the application, the Conflict of Interest Commissioner shall make such inquiries as he or she considers appropriate and shall authorize the public servant to engage in all or some of the political activity specified in the application if in the opinion of the Commissioner the activities would not,

(a) interfere with the performance of the public servant's duties; or

(b) conflict with the interests of the public body to which the public servant is appointed.

Same

(5) In forming an opinion under subsection (4), the Conflict of Interest Commissioner shall consider the following:

1. The nature of the political activity specified in the application.

2. The scope of the discretion exercised by the public servant in his or her work, if the exercise of the discretion could reasonably be perceived to be affected by political considerations.

3. The visibility of the public servant's position.

4. Such other factors as the Commissioner considers appropriate.

Same

(6) In granting an authorization, the Conflict of Interest Commissioner may impose any conditions and restrictions that he or she considers appropriate in the circumstances, including requiring the public servant to be on an unpaid leave of absence.

Same

(7) If in granting an authorization the Conflict of Interest Commissioner requires that a public servant be on an unpaid leave of absence, the leave shall begin and end,

(a) in accordance with the regulations under clause 107 (1) (a); or

(b) if no regulation applies in respect of the leave, on dates determined by the Conflict of Interest Commissioner to be appropriate in the circumstances.

Role of ethics executive

Questions for ethics executive

93. (1) A specially restricted public servant or his or her supervisor may request that the public servant's ethics executive determine a question about the political activity rights that apply in respect of the public servant.

Duty to notify

(2) A specially restricted public servant shall notify his or her ethics executive if the public servant's political activities could conflict with,

(a) in the case of a public servant who works in a ministry, the interests of the Crown;

(b) in the case of a public servant who works in a public body, the interests of the public body.

Inquiries

(3) The ethics executive may make such inquiries as he or she considers appropriate in response to a request, a notification or where the ethics executive has concerns that a specially restricted public servant has engaged or is about to engage in political activity in contravention of this Part or a direction or regulation under this Part.

Determinations and directions

(4) An ethics executive shall,

(a) make a determination with respect to any matter that is brought to the attention of the ethics executive under subsection (1) or (2) or that is the subject of inquiry under subsection (3); and

Same

Compliance with direction

(7) A specially restricted public servant shall comply with a direction of the ethics executive or the Conflict of Interest Commissioner.

Contravention by government appointee

(8) If an ethics executive or the Conflict of Interest Commissioner makes a determination under subsection (4) that a government appointee has engaged in a political activity in contravention of this Part or a direction or regulation under this Part, the ethics executive or the Conflict of Interest Commissioner, as the case may be, shall notify the minister responsible for the body to which the government appointee is appointed regarding the matter.

Rules for Political Activity of Public Servants in Ministers' Offices

Application

94. Sections 95 to 98 apply to public servants who work in a minister's office.

Right to engage

95. A public servant who works in a minister's office is entitled to engage in political activity, subject to the restrictions set out under this Part.

Right to decline

96. A public servant who works in a minister's office is entitled to decline to engage in political activity, unless the political activity is related to the performance of a ministerial power, duty or function.

Prohibited political activities

97. A public servant who works in a minister's office shall not,

(a) engage in a political activity in the workplace that is unrelated to the performance of a ministerial power, duty or function;

(b) use government premises, equipment or supplies when engaging in political activity that is unrelated to the performance of a ministerial power, duty or function; or

Role of ethics executive

Questions for ethics executive

98. (1) A public servant who works in a minister's office or his or her supervisor may request that the public servant's ethics executive determine a question about the political activity rights that apply in respect of the public servant.

Duty to notify

(2) A public servant who works in a minister's office shall notify his or her ethics executive if the public servant's political activities could conflict with the interests of the Crown.

Inquiries

(3) The ethics executive may make such inquiries as he or she considers appropriate in response to a request, a notification or where the ethics executive has concerns that a public servant who works in a minister's office has engaged or is about to engage in political activity in contravention of this Part or a direction or regulation under this Part.

Determinations and directions

(4) The ethics executive shall,

(a) make a determination with respect to any matter that is brought to his or her attention under subsection (1) or (2) or that is the subject of inquiry under subsection (3); and

(b) in the case of a determination that a public servant who works in a minister's office has or is about to engage in political activity in contravention of this Part or a direction or regulation under this Part, give the public servant directions, if any, that the ethics executive considers appropriate to address the matter.

Compliance with direction

(5) A public servant who works in a minister's office shall comply with a direction of the ethics executive.

Notice to minister

(6) If the ethics executive makes a determination under subsection (4) that a public servant who works in a minister's office has or is about to engage in political activity in contravention of this Part or a direction or regulation under this Part, or gives a direction to a public servant who works in a minister's office under subsection (4), the ethics executive shall notify the minister.

Penalty

Penalty

99. A public servant who engages in political activity in contravention of this Part or a direction or regulation under this Part is subject to disciplinary measures, including suspension and dismissal.

Effect of Election to Office

Effect of election, provincial or federal

100. If a public servant is elected to the Parliament of Canada or to a provincial Assembly, his or her employment by the Crown or by a public body, or his or her appointment to a public body, is terminated.

Effect of election, municipal

101. (1) If a public servant is elected to a municipal office, his or her employment by the Crown or by a public body, or his or her appointment to a public body, is terminated if it is determined under subsection (3) that termination is warranted.

Same

(2) A public servant who is considering seeking election to a municipal office may ask his or her ethics executive to make the determination under subsection (3) before the election.

Determination by ethics executive

(3) The ethics executive shall determine that termination is warranted if, in the opinion of the ethics executive, the public servant's responsibilities in the municipal office,

(a) would interfere with the performance of his or her duties as a public servant; or

(b) would,

(i) in the case of a public servant who works in a ministry, conflict with the interests of the Crown, or

(ii) in the case of a public servant who works in a public body, conflict with the interests of the body.

Referral by ethics executive

(4) If an ethics executive, other than the Conflict of Interest Commissioner or Integrity Commissioner, considers it appropriate to do so, the ethics executive may refer the making of the determination under subsection (3) to the Conflict of Interest Commissioner.

Same

(5) Where an ethics executive has referred the making of the determination under subsection (3) to the Conflict of Interest Commissioner, the Commissioner shall inform the ethics executive of his or her determination.

Notice to minister

(6) Where a determination under subsection (3) relates to a government appointee to a public body, the ethics executive or the Conflict of Interest Commissioner, as the case may be, shall inform the minister responsible for the public body of the determination.

Reinstatement

102. (1) This section does not apply to the following:

1. A former public servant whose employment was terminated under section 100 or 101 and whose employment immediately before the termination was for a fixed term.

2. A former government appointee whose appointment was terminated under section 100 or 101.

Same

(2) If a former public servant ceases to be a member of the Parliament of Canada within five years after his or her employment is terminated by section 100, the former public servant may apply to be reinstated.

Same

(3) If a former public servant ceases to be a member of a provincial Assembly within five years after his or her employment is terminated by section 100, the former public servant may apply to be reinstated.

Same

(4) If a former public servant ceases to hold a municipal office within four years after his or her employment is terminated by section 101, the former public servant may apply to be reinstated.

Same

(5) An application for reinstatement must be made within 12 months after the applicant ceases to be a member of the Parliament of Canada, a member of a provincial Assembly or the holder of a municipal office, as the case may be.

Same

(6) A former public servant appointed by the Public Service Commission whose employment was terminated under section 100 or 101 may apply to the Commission for reinstatement.

Same

(7) A former public servant whose employment by a public body was terminated under section 100 or 101 may apply for reinstatement to the public body.

Same

(8) An application under subsection (6) or (7) shall be granted if a position for which the applicant is qualified is vacant.

Same

(9) Another person's right to be appointed or assigned to the vacant position by virtue of a collective agreement or under a directive issued under section 43 prevails over the right conferred by subsection (8).

Continuous service

(10) The period during which the applicant's employment is terminated shall not be counted in determining the length of the public servant's service, but the service before and after the termination is deemed to be continuous for all purposes.

Protection From Reprisals

No reprisals

103. (1) No person shall take a reprisal against a public servant because he or she has,

(a) engaged in political activity in accordance with this Part or the regulations; or

(b) exercised his or her right under this Part to decline to engage in political activity.

Same

(2) For the purposes of subsection (1), a reprisal is any measure taken against a public servant that adversely affects his or her employment or appointment and includes but is not limited to,

(a) ending or threatening to end a public servant's employment or appointment;

(b) disciplining or suspending or threatening to discipline or suspend a public servant;

(d) intimidating or coercing a public servant in relation to his or her employment or appointment.

Complaint about reprisal, discipline

104. (1) A public servant described in subsection (2), (3) or (4) may complain under this section that he or she,

(a) has suffered a reprisal prohibited by section 103; or

(b) is disciplined for a contravention of this Part or a direction or regulation under this Part.

Same

(2) A public servant who has a right under a collective agreement to have the complaint dealt with by final and binding settlement by arbitration under the agreement may have the complaint dealt with in accordance with the agreement.

Same

(3) A public servant employed under Part III who does not have a right to have the complaint dealt with by final and binding settlement by arbitration under a collective agreement may file the complaint with the Public Service Grievance Board.

Same

(4) A public servant employed by a public body who does not have a right to have the complaint dealt with by final and binding settlement by arbitration under a collective agreement may file the complaint with the Ontario Labour Relations Board.

Inquiry by Board

(5) The Ontario Labour Relations Board may inquire into a complaint filed under subsection (4) and section 96 of the Labour Relations Act, 1995, except subsection (5), applies with necessary modifications as if such section, except subsection (5), is enacted in and forms part of this Act.

Same

(6) On an inquiry by the Ontario Labour Relations Board into a complaint filed under subsection (4), sections 110, 111, 114 and 116 of the Labour Relations Act, 1995 apply with necessary modifications.

Exception

(7) Despite anything in this section, a person who is subject to a rule or code of discipline under the Police Services Act shall have his or her complaint dealt with under that Act.

Order

(8) If the Public Service Grievance Board, the Ontario Labour Relations Board or the Grievance Settlement Board determines, on the completion of an inquiry into a complaint made under subsection (2), (3) or (4), that a reprisal has been taken in contravention of subsection 103 (1), or that the employee should not be disciplined or that a lesser penalty would be more appropriate, the Board may make an order that it considers just and reasonable in the circumstances, directing the relevant ministry or public body or a person acting on behalf of the ministry or public body to do or refrain from doing anything in relation to the contravention.

Same

(9) Without limiting the generality of subsection (8), an order under that subsection may direct the ministry or public body, or person acting on behalf of the ministry or public body, to do one or more of the following:

1. Cease doing an action that is the subject of a complaint under subsection (1).

2. Take steps to rectify harm related to a complaint under subsection (1).

3. Reinstate the employment of a public servant whose employment was terminated.

4. Compensate the public servant for loss of any remuneration, including benefits.

Same

(10) A board may not make an order under subsection (8) for punitive damages or for costs.

Settlements may be filed with board

105. (1) A written and signed settlement of a complaint made under subsection 104 (1) may, if a party to the settlement believes that the settlement has been breached, be filed,

(a) in the case of a settlement of a complaint by a public servant described in subsection 104 (2), if the collective agreement is governed by the Crown Employees Collective Bargaining Act, 1993, with the Grievance Settlement Board;

(b) in the case of a settlement of a complaint by a public servant described in subsection 104 (3), with the Public Service Grievance Board;

(c) in the case of a settlement of a complaint by a public servant described in subsection 104 (4), with the Ontario Labour Relations Board.

Same

(2) Where a settlement of a complaint is filed with a board under this section, the board shall inquire into the matter and, if the board concludes that the settlement has been breached, the board may,

(a) make an order requiring compliance with the settlement; or

(b) make an order respecting the complaint that could have been made in respect of that complaint under subsection 104 (8).

Same

(3) Subsections 104 (5) and (6) apply with necessary modifications to the Ontario Labour Relations Board acting under subsection (2).

Order may be filed in court

106. (1) An order of the Grievance Settlement Board, the Public Service Grievance Board or the Ontario Labour Relations Board under subsection 104 (8) or 105 (2) may be filed in the Superior Court of Justice.

Same

(2) An order that is filed under subsection (1) is enforceable as if it were an order of the Superior Court of Justice.

Same

(3) Section 129 of the Courts of Justice Act applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the order is filed is deemed to be the date of the order.

Regulations

Regulations, Part V

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

(a) respecting the length of unpaid leaves of absence granted under section 82, subsection 90 (6) or clause 92 (7) (a), including specifying dates on which a leave may begin and end and establishing maximum periods for a leave;

(b) prescribing tribunals for the purposes of paragraph 9 of subsection 85 (2);

(c) on the recommendation of the Public Service Commission, prescribing classes of public servants for the purposes of paragraph 10 of subsection 85 (2);

(d) governing political activities of public servants who work in a minister's office;

(e) prescribing powers, duties and functions of an ethics executive in relation to political activity matters, in addition to those provided under this Act;

(f) respecting procedures to be followed in connection with this Part.

Same

(2) The Public Service Commission may delegate any of its advisory responsibilities associated with clause (1) (c) to the Conflict of Interest Commissioner.

Same

(3) In prescribing classes under clause (1) (c), the Lieutenant Governor in Council shall consider,

(a) the extent to which public servants in a prescribed class are likely to be involved in providing policy advice directly to a minister;

(b) the scope of discretion likely to be exercised by public servants in a prescribed class, where the exercise of the discretion could reasonably be perceived to be affected by political considerations;

(d) any other matter that the Lieutenant Governor in Council considers appropriate.

Same

(4) Regulations made under this section may be general or particular in their application.

PART VI
DISCLOSING AND INVESTIGATING WRONGDOING

Interpretation and Application

Interpretation

108. (1) In this Part,

"wrongdoing" means,

(a) a contravention by a public servant, a minister or parliamentary assistant of an Act of the Assembly or of the Parliament of Canada, or of a regulation made under such an Act,

(b) an act or omission of a public servant, a minister or parliamentary assistant that creates a grave danger to the life, health or safety of persons or to the environment, where the danger is unreasonable having regard to his or her duties, powers and functions and any other relevant circumstance,

(c) gross mismanagement by a public servant, a minister or parliamentary assistant in the work of the public service of Ontario,

(d) directing or counselling wrongdoing within the meaning of clauses (a) to (c) by a public servant, a minister or parliamentary assistant.

Same

(2) A reference in clauses (a) to (d) of the definition of "wrongdoing" in subsection (1),

(a) to an act or omission of a public servant includes an act or omission of a former public servant if the act or omission occurred while the individual was a public servant;

(b) to an act or omission of a minister or parliamentary assistant includes an act or omission of a former minister or a former parliamentary assistant if the act or omission occurred while the individual was a minister or a parliamentary assistant.

Interpretation, former public servants

109. In this Part, despite section 3, a reference to a former public servant includes a person who ceased, before the day on which this section comes into force, to be,

(a) a public servant within the meaning of the Public Service Act;

(b) an employee of a public body within the meaning of this Act;

Application of Part

110. This Part applies to wrongdoing associated with the public service of Ontario and its work.

Disclosure Procedures

Public servants to be informed

111. (1) A deputy minister of a ministry shall ensure that public servants who work in the ministry are familiar with the procedures for disclosure of wrongdoing under this Part and the protections from reprisals for disclosing wrongdoing under this Part.

Same

(2) The chair of a public body shall ensure that public servants who work in the body are familiar with the procedures for disclosure of wrongdoing under this Part and the protections from reprisals for disclosing wrongdoing under this Part.

Fair and expeditious

112. The Integrity Commissioner and every person or body to whom a matter is referred under subsection 118 (2), 122 (2) or 123 (1) shall carry out their functions under this Part in a manner that,

(a) is fair and is as informal and expeditious as possible; and

(b) protects the identities of persons involved in disclosures of wrongdoing, including persons who make disclosures, witnesses and persons alleged to be responsible for wrongdoing except where the interests of fairness require that a person's identity be disclosed to one or more persons.

Disclosure despite conflict with other Acts

113. (1) Subject to subsection (2), a right under this Part to make a disclosure prevails over anything provided under any other Act or otherwise at law that prohibits the disclosure.

Restrictions on disclosure

(2) Nothing in this Part authorizes a public servant or former public servant to make a disclosure to the Integrity Commissioner of anything,

(a) that would reveal the substance of deliberations of the Executive Council or any of its Committees without authority to do so;

(b) that is subject to solicitor-client privilege; or

(c) that is prepared by or for counsel for a Ministry or a public body for use in giving legal advice or in contemplation of or for use in litigation.

Same

(3) Nothing in this Part shall be interpreted to limit any right that any public servant may have under any other Act or otherwise at law to disclose information about wrongdoing in the public service of Ontario.

Disclosure, procedures

114. Where a public servant or former public servant has reason to believe that there has been wrongdoing, he or she may disclose the wrongdoing in accordance with the procedures established under section 115.

Directives

Directives, Public Service Commission

115. (1) The Public Service Commission may by directive establish procedures to deal with disclosures of wrongdoing by,

(a) a public servant who works in a ministry; and

(b) a former public servant who worked in a ministry immediately before ceasing to be a public servant.

Directives, Management Board of Cabinet

(2) The Management Board of Cabinet may by directive establish procedures to deal with disclosures of wrongdoing by,

(a) public servants who work in a public body; and

(b) former public servants who worked in a public body immediately before ceasing to be a public servant.

Same

(3) Without limiting the generality of subsections (1) and (2), directives issued under those subsections may,

(a) establish procedures by which a public servant or former public servant may make disclosures of wrongdoing, including directions as to the persons to whom disclosures may be made;

(b) establish procedures to protect the identities of persons involved in the disclosure process, including persons who make disclosures, witnesses and persons alleged to be responsible for wrongdoing; and

(c) provide for exceptions to be made to procedures described in clause (b) where the interests of fairness require that a person's identity be disclosed to one or more persons.

Same

(4) Directives issued under this section may be general or particular in their application.

Same

(5) The Regulations Act does not apply to a directive issued under this section.

Archive

(6) The Public Service Commission shall maintain an archive of all directives issued under subsection (1) indicating the period during which each directive applies.

Same

(7) The Management Board of Cabinet shall maintain an archive of all directives issued under subsection (2) indicating the period during which each directive applies.

Disclosure to the Integrity Commissioner

Disclosure to Integrity Commissioner

116. A public servant or former public servant may disclose wrongdoing to the Integrity Commissioner if,

(a) the public servant or former public servant has reason to believe that it would not be appropriate to disclose the wrongdoing in accordance with the directives issued under section 115;

(b) the public servant or former public servant has already disclosed the wrongdoing in accordance with the directives issued under section 115 and has concerns that the matter is not being dealt with appropriately; or

Initial assessment by Integrity Commissioner

117. Where the Integrity Commissioner receives a disclosure of wrongdoing under section 116, the Commissioner shall refuse to deal with the disclosure if one or more of the following circumstances apply:

1. The subject matter of the disclosure is being dealt with by another person or body as a matter of law enforcement or in accordance with a procedure established under this or any other Act.

2. The subject matter of the disclosure is an employment or labour relations matter that could be dealt with through a dispute resolution mechanism, including a grievance procedure, established under this or any other Act, under a collective agreement or under an agreement of another kind.

3. The subject matter of the disclosure is a matter that could be dealt with under Part V of the Police Services Act.

4. The subject matter of the disclosure is the subject of,

i. a decision made in the exercise of an adjudicative function by a court or other tribunal under this or any other Act, or

ii. deliberations that have led or may lead to a decision made in the exercise of an adjudicative function by a court or other tribunal under this or any other Act.

5. The subject matter of the disclosure is related to the exercise of discretion by a prosecutor in relation to the prosecution of an offence.

6. The subject matter of the disclosure is not sufficiently important or the disclosure is frivolous, vexatious or made in bad faith.

7. There has been a substantial delay between the disclosure and the incidents that are the subject matter of the disclosure and because of the delay the proceeding would serve no useful purpose.

8. The subject matter of the disclosure relates solely to a public policy decision.

9. There is a valid reason, other than a circumstance described in paragraphs 1 to 8, for not proceeding with the disclosure.

Referral by Integrity Commissioner

118. (1) This section applies where the Integrity Commissioner receives a disclosure of wrongdoing under section 116 and does not refuse to deal with the disclosure under section 117.

Same

(2) The Integrity Commissioner shall determine, from among the persons mentioned in subsection (3), the person who, in the opinion of the Commissioner, is in the best position to investigate the disclosure and shall,

(a) provide the person with a written summary of the disclosure and any other information that the Commissioner has received in relation to the matter that the Commissioner considers may assist the person in dealing with the matter;

(b) direct the person to cause an investigation to be conducted into the subject matter of the disclosure; and

Same

(3) The persons to whom the Integrity Commissioner may refer a matter under subsection (2) are:

1. A deputy minister.

2. Any individual prescribed under clause 71 (1) (b).

3. The chair of a public body.

4. The Secretary of the Cabinet.

5. An individual designated by the Premier for the purposes of this section.

Same

(4) Where a matter respecting the Ontario Provincial Police is referred to the deputy minister of the Ministry of Community Safety and Correctional Services under subsection (2), the deputy minister may delegate any of his or her powers, duties and functions associated with the referral to the Commissioner of the Ontario Provincial Police.

Same

(5) Subject to subsections (6) and (7), a person who receives a referral under subsection (2) shall deliver the report mentioned in clause (2) (c) to the Integrity Commissioner within 30 days of receiving the direction under clause (2) (b).

Same

(6) On request from the person who receives a referral under subsection (2), the Integrity Commissioner may extend the time period within which the report must be delivered, either before or after the expiry of the period.

Same

(7) The Integrity Commissioner may reduce the time period within which the report must be delivered if in his or her opinion circumstances make it appropriate to do so.

Referral not appropriate

119. A person who has received a referral under subsection 118 (2) shall refer the disclosure of wrongdoing back to the Integrity Commissioner if, in the opinion of that person, it is not appropriate for him or her to investigate the disclosure because of lack of appropriate resources, actual or apparent conflict of interest or other reason.

Report after referral

120. (1) A report from a person who has received a referral under subsection 118 (2) shall be in writing and shall include:

1. A summary of the subject matter of the disclosure.

2. A description of the steps taken in the investigation conducted by the person to whom the referral is made.

3. A summary of the evidence obtained during the investigation.

4. A statement of the findings resulting from the investigation of the disclosure, including a statement about any wrongdoing that was discovered.

5. A description of any corrective action that has been taken or that is proposed to be taken as a result of the investigation.

Same

(2) The Integrity Commissioner may waive or abridge a requirement of this section in order to expedite the report if in his or her opinion circumstances make it appropriate to do so.

Receipt of report by Integrity Commissioner

121. (1) On receiving a report from a person who has received a referral under subsection 118 (2), the Integrity Commissioner may,

(a) require the person to provide a written report to the Commissioner containing such further information as the Commissioner specifies;

(b) make recommendations to the person;

(c) require the person to provide a written report to the Commissioner respecting the implementation of any recommendations made under clause (b) and, to the extent that a recommendation has not been implemented, explain why that is the case.

Time periods

(2) The Integrity Commissioner shall specify time periods for meeting the requirements of subsection (1).

Same

(3) On request, the Integrity Commissioner may extend the time periods within which requirements under subsection (1) must be met, either before or after the expiry of the period.

Same

(4) The Integrity Commissioner may reduce the time periods within which requirements under subsection (1) must be met if in his or her opinion circumstances make it appropriate to do so.

Investigation by Integrity Commissioner

Investigation by Integrity Commissioner

122. (1) The Integrity Commissioner may initiate an investigation of a disclosure of wrongdoing only if,

(a) the Commissioner is not satisfied with a report about the disclosure received under section 118 or 121;

(b) a person who has received a referral under subsection 118 (2) has referred the disclosure back to the Commissioner under section 119; or

(c) a person who has received a referral under subsection 118 (2) has not delivered a report about the disclosure within the time period required under section 118 or 121.

Referral instead of investigation

(2) Instead of initiating an investigation under subsection (1), the Integrity Commissioner may refer the matter to another person or body so that it may be dealt with as a matter of law enforcement or in accordance with a procedure established under this or any other Act if, in the opinion of the Commissioner, this would be more appropriate than initiating an investigation under subsection (1).

Same

(3) When referring a matter to another person or body under subsection (2), the Integrity Commissioner shall provide the person or body with a written summary of the disclosure and any other information that the Commissioner has received in relation to the matter that the Commissioner considers may assist the person or body in dealing with the matter.

Same

(4) Where the Integrity Commissioner has referred a matter to a person or body under subsection (2), the Commissioner shall not initiate an investigation unless the person or body has informed the Commissioner,

(a) that it will not proceed with an investigation of the matter;

(b) that it has concluded its investigation of the matter; or

Exception

(5) Despite subsection (4), the Integrity Commissioner may initiate an investigation under subsection (1) if, in the opinion of the Commissioner, doing so is in the public interest and would not interfere with or impede the other person or body in dealing with the matter.

Same

(6) A person or body to which a matter is referred under subsection (2) shall promptly inform the Integrity Commissioner if it decides not to proceed with an investigation or when it concludes an investigation.

Same

(7) Where the person or body decides that informing the Integrity Commissioner in accordance with subsection (6) would be contrary to the public interest, it shall instead promptly inform the Commissioner that it will not provide information referred to in that subsection.

Referral in course of investigation

123. (1) At any time during the course of an investigation by the Integrity Commissioner under this Part, he or she may refer the matter to another person or body so that it may be dealt with as a matter of law enforcement or in accordance with a procedure established under this or any other Act if, in the opinion of the Commissioner, this would be more appropriate than continuing the investigation.

Same

(2) When referring a matter to another person or body under subsection (1), the Integrity Commissioner shall provide the person or body with a written summary of the disclosure and any other information that the Commissioner has received in relation to the matter that the Commissioner considers may assist the person or body in dealing with the matter.

Same

(3) Where the Integrity Commissioner has referred a matter to a person or body under subsection (1), the Commissioner shall suspend the investigation and may continue it only if the person or body has informed the Commissioner,

(a) that it will not proceed with an investigation of the matter;

(b) that it has concluded its investigation of the matter; or

Same

(4) Despite subsection (3), the Integrity Commissioner may continue an investigation under subsection (1) if, in the opinion of the Commissioner, doing so is in the public interest and would not interfere with or impede the other person or body in dealing with the matter.

Same

(5) A person or body to which a matter is referred under subsection (1) shall promptly inform the Integrity Commissioner if it decides not to proceed with an investigation or when it concludes an investigation.

Same

(6) Where the person or body decides that informing the Integrity Commissioner in accordance with subsection (5) would be contrary to the public interest, it shall instead promptly inform the Commissioner that it will not provide information referred to in that subsection.

Investigation to cease in certain circumstances

124. The Integrity Commissioner shall cease his or her investigation under this Part of a disclosure if, in his or her opinion, one or more of the circumstances described in paragraphs 2 to 9 of section 117 apply.

Right to answer allegation

125. (1) If, at any time during the course of an investigation by the Integrity Commissioner under this Part, it appears to the Integrity Commissioner that there may be grounds to make a report under section 129 that might adversely affect a person or body, the Commissioner shall take reasonable measures to provide that person or body with an opportunity to be heard on the relevant matters.

Same

(2) The person or body may be represented by counsel or an agent.

Same

(3) Except as provided in this section, the Commissioner need not hold a hearing and no person or body has a right to be heard by the Commissioner.

Powers on investigation

126. (1) The Integrity Commissioner may require any public servant or former public servant to,

(a) provide any information that he or she may have if, in the opinion of the Commissioner, the information may be relevant to the investigation;

(b) produce any relevant document or thing that may be in his or her possession or under his or her control if, in the opinion of the Commissioner, the document or thing may be relevant to the investigation.

Oral evidence

(2) The Integrity Commissioner may summon any public servant or former public servant who, in the Commissioner's opinion, is able to give evidence about any matter that may be relevant to the investigation and may examine him or her, on oath or affirmation.

Inspection of premises

(3) The Integrity Commissioner may enter and inspect any premises of the public service of Ontario, at any reasonable time, for the purposes of the investigation.

Same

(4) Before entering premises under subsection (3), the Integrity Commissioner shall notify the head of the organization occupying the premises of his or her intention to do so.

Restriction on powers

127. (1) The Integrity Commissioner may not require the provision of information, the production of a document or thing or the giving of an answer if the Deputy Attorney General certifies that the provision, production or answer,

(a) might interfere with or impede the detection, investigation or prosecution of an offence; or

(b) might reveal the substance of deliberations of the Executive Council or any of its Committees without authority to do so.

Same

(2) The Integrity Commissioner may not require the provision of information, the production of a document or thing or the giving of an answer if the Commissioner of the Ontario Provincial Police certifies that the provision, production or answer might interfere with or impede the detection or investigation of an offence.

Same

(3) The Integrity Commissioner may not require the provision of information, the production of a document or thing or the giving of an answer if the provision, production or answer might disclose,

(a) information that is subject to solicitor-client privilege; or

(b) information prepared by or for counsel for a Ministry or a public body for use in giving legal advice or in contemplation of or for use in litigation.

Same

(4) Unless the disclosure is required by law or permitted under this Act, the Integrity Commissioner and every person acting on behalf of or under the direction of the Commissioner shall not disclose any information that comes to their attention in the performance of their duties, powers or functions under this Part.

Privilege

128. (1) A person who is required to provide information, produce a document or thing or give an answer in the course of an investigation by the Integrity Commissioner has the same privileges in relation to the provision of information, the production of documents or things and the answering of questions as witnesses have in any court proceeding.

Protection

(2) Except on the trial of a person for perjury, no statement made or answer given by that or any other person in the course of an investigation by the Integrity Commissioner is admissible in evidence against any person in a court or at an inquiry or in any other proceeding, and no evidence in respect of the investigation by the Integrity Commissioner shall be given against any person.

Right to object to answer

(3) A person giving a statement or answer in the course of an investigation by the Integrity Commissioner under this Part shall be informed by the person presiding over the investigation or proceeding of the right to object to answer a question under section 5 of the Canada Evidence Act.

Prosecution

(4) No person is liable for prosecution for an offence under any Act by reason of his or her compliance with a requirement under this Part.

Report on Conclusion of Investigation by Integrity Commissioner

Report on conclusion of investigation

129. (1) On concluding an investigation of a disclosure under this Part, the Integrity Commissioner shall make a report to the person to whom the Commissioner made the referral under subsection 118 (2).

Same

(2) If the person to whom the Integrity Commissioner made the referral under subsection 118 (2) referred the matter back to the Commissioner under section 119 and the Integrity Commissioner considers that it would be inappropriate to make the report required by subsection (1) to that person, the Commissioner shall make the report to such other public servant as the Commissioner considers appropriate in the circumstances.

Same

(3) Subsections (1) and (2) apply whether or not the Integrity Commissioner has made a finding of wrongdoing.

Same

(4) A report required by subsection (1) shall be in writing and shall include,

(a) findings of wrongdoing, if any;

(b) reasons to support any findings;

Copy to Minister

(5) The Integrity Commissioner shall provide a copy of the report to a minister where the disclosure alleged wrongdoing,

(a) in the ministry of the minister; or

(b) in a public body for which the minister has responsibility.

Further report

(6) If the report includes recommendations under clause (4) (c), the Integrity Commissioner may require the person to whom the Commissioner made the report under subsection (1) or (2), as the case may be, to provide a further report to the Commissioner, in writing and within a time period specified by the Commissioner,

(a) describing any action taken or proposed to be taken in response to the recommendations; and

(b) explaining why a recommended action was not taken or is not proposed to be taken.

Same

(7) On request from the person to whom the Integrity Commissioner made the referral under subsection 118 (2), the Commissioner may extend the time period within which the further report must be provided, either before or after the expiry of the period.

Copy to Minister

(8) The Integrity Commissioner shall provide a copy of the further report under subsection (6) to the minister entitled to receive a copy of the report under subsection (5).

Public Reports by Integrity Commissioner

Public report

130. (1) This section applies where the Integrity Commissioner has made a report respecting a disclosure of wrongdoing under section 129 and is of the opinion that it is in the public interest that a public report be made.

Same

(2) In the circumstances described in subsection (1), the Integrity Commissioner shall make a public report respecting the disclosure.

Same

(3) If the Integrity Commissioner has required a further report under subsection 129 (6), the Commissioner shall not make a public report until,

(a) the further report has been delivered to the Commissioner; or

(b) the time period specified under subsection 129 (6) has expired or, if the Commissioner has extended the time period under subsection 129 (7), the extended period has expired and no further report has been delivered to the Commissioner.

Same

(4) The Integrity Commissioner shall ensure that the public report is readily accessible to the public by ensuring that the public report is published on one or more Internet sites and by such other means as the Commissioner considers appropriate.

Same

(5) Where the Integrity Commissioner makes a public report, he or she shall also deliver the report to the Speaker of the Assembly, who shall lay the report before the Assembly at the earliest reasonable opportunity.

Contents of public report

131. (1) Subject to subsections (2) and (3), the Integrity Commissioner shall not include, in a public report under section 130,

(a) information that would be subject to an exemption under sections 12 to 21.1 of the Freedom of Information and Protection of Privacy Act;

(b) information that would be excluded under section 65 of the Freedom of Information and Protection of Privacy Act; or

Same

(2) With the consent of the person who received the Integrity Commissioner's report under subsection 129 (1) or (2), the Commissioner may disclose, in a public report under section 130,

(a) information that would be subject to an exemption under sections 13, 14, 18, 19, 20 or 21.1 of the Freedom of Information and Protection of Privacy Act; or

(b) information that would be excluded under subsection 65 (6) of the Freedom of Information and Protection of Privacy Act.

Same

(3) The Commissioner may disclose, in a public report under section 130, information that would be subject to an exemption under section 13, 17, 18, 20, 21 or 21.1 of the Freedom of Information and Protection of Privacy Act or that would be excluded under subsection 65 (6) of that Act if, in his or her opinion,

(a) disclosure of the information is necessary to establish the grounds for the Commissioner's findings of wrongdoing or recommendations; and

(b) there is a compelling public interest in the disclosure that outweighs the harm that the disclosure may cause.

Same

(4) The Integrity Commissioner, rather than the head, shall determine whether information would be subject to an exemption or an exclusion under a provision of the Freedom of Information and Protection of Privacy Act.

Same

(5) Before making the determination under subsection (4), the Integrity Commissioner shall make reasonable efforts to obtain advice on the matter from the head.

Before making public report

132. (1) Before making the determination under subsection 131 (4), the Integrity Commissioner,

(a) shall ask the person to whom the report was made under subsection 129 (1) or (2) for submissions as to the making of the determination under subsection 131 (4); and

(b) shall, if the Commissioner considers it appropriate to do so in the interests of fairness, provide any information contained in the report to a person to whom the information relates and ask the person for submissions as to the making of the determination under subsection 131 (4).

Same

(2) The Integrity Commissioner shall specify time periods within which submissions may be made under subsection (1).

Same

(3) On request from a person referred to in clause (1) (a) or (b), the Integrity Commissioner may extend the time periods within which the submissions must be made, either before or after the expiry of the period.

Same

(4) The Integrity Commissioner shall not make a public report or deliver it to the Speaker of the Assembly until the time periods specified for submissions under subsection (2) or (3) has expired.

Annual report, activities under this Part

133. (1) The annual report of the Integrity Commissioner required by section 24 of the Members' Integrity Act, 1994 shall include,

(a) the number of disclosures received by the Commissioner under section 116 during the year;

(b) the number of refusals made by the Commissioner under section 117 during the year;

(d) the number of reports in which the Commissioner makes recommendations under section 121 during the year;

(e) a summary of what the Commissioner knows respecting responses to recommendations under section 121 during the year;

(f) the number of investigations initiated by the Commissioner under section 122 during the year;

(g) a summary of what the Commissioner knows respecting the outcomes during the year of findings of reprisals under this Part;

(h) anything else that the Commissioner considers relevant in respect of his or her activities under this Part during the year;

Same

(2) Sections 131 and 132 apply, with necessary modifications, to the contents of the annual report that are required by subsection (1).

Integrity Commissioner's Duty to Inform Person Who Made Disclosure

Duty to inform discloser, refusal to deal

134. (1) Where the Integrity Commissioner refuses to deal with a disclosure under section 117, he or she shall so inform the person who made the disclosure under section 116.

Same

(2) Subject to section 137, the Integrity Commissioner may inform the person of his or her reasons for refusing to deal with the disclosure under section 117.

Duty to inform discloser, no investigation

135. (1) Where the Integrity Commissioner receives a report under section 118 or 121 and does not initiate an investigation under section 122, the Commissioner shall so inform the person who made the disclosure under section 116.

Same

(2) Subject to section 137, the Integrity Commissioner may give the person who made the disclosure such information respecting the investigation and findings as the Commissioner considers appropriate in the circumstances.

Duty to inform discloser, no public report

136. (1) Where the Integrity Commissioner has a duty to report under section 129 but does not have a duty to make a public report under section 130, the Commissioner shall inform the person who made the disclosure under section 116 that he or she has concluded the investigation.

Same

Limitation on duty to inform

137. (1) The Integrity Commissioner shall not give the person who made the disclosure,

(a) information that would be subject to an exemption under sections 12 to 21.1 of the Freedom of Information and Protection of Privacy Act;

(b) information that would be excluded under section 65 of the Freedom of Information and Protection of Privacy Act; or

Same

(2) In determining whether information would be subject to an exemption or an exclusion under a provision of the Freedom of Information and Protection of Privacy Act, the Integrity Commissioner shall exercise the discretion that the head has under the provision.

Same

(3) Before exercising discretion under subsection (2), the Integrity Commissioner shall make reasonable efforts to obtain advice on the matter from the head.

Duty to inform discloser, public report

138. Where the Integrity Commissioner has a duty to make a public report under section 130, he or she shall provide the report to the person who made the disclosure under section 116.

Protection from Reprisals

No reprisals

139. (1) No person shall take a reprisal against a public servant because he or she has,

(a) sought advice about making a disclosure about wrongdoing in accordance with this Part;

(b) made a disclosure about wrongdoing in accordance with this Part;

(c) co-operated in an investigation or other process related to a disclosure of wrongdoing made in accordance with this Part;

(d) acted in compliance with this Part; or

(e) sought enforcement of this Part.

Same

(2) For the purposes of subsection (1), a reprisal is any measure taken against a public servant that adversely affects his or her employment or appointment and includes but is not limited to,

(a) ending or threatening to end a public servant's employment or appointment;

(b) disciplining or suspending or threatening to discipline or suspend a public servant;

(d) intimidating or coercing a public servant in relation to his or her employment or appointment.

Complaint about reprisal

140. (1) A public servant described in subsection (2), (3) or (4) may complain under this section that he or she has suffered a reprisal prohibited by section 139.

Same

Inquiry by Board

(5) The Ontario Labour Relations Board may inquire into a complaint filed under subsection (2) or (4) and section 96 of the Labour Relations Act, 1995, except subsection (5), applies with necessary modifications as if such section, except subsection (5), is enacted in and forms part of this Act.

Same

(6) On an inquiry by the Ontario Labour Relations Board into a complaint filed under subsection (2) or (4), sections 110, 111, 114 and 116 of the Labour Relations Act, 1995 apply with necessary modifications.

Exception

(7) Despite anything in this section, a person who is subject to a rule or code of discipline under the Police Services Act shall have his or her complaint dealt with under that Act.

Order

(8) If the Public Service Grievance Board, the Ontario Labour Relations Board or the Grievance Settlement Board determines, on the completion of an inquiry into a complaint filed under subsection (2), (3) or (4), that a reprisal has been taken in contravention of subsection 139 (1), the Board may make an order that it considers just and reasonable in the circumstances, directing the relevant ministry or public body or a person acting on behalf of the ministry or public body to do or refrain from doing anything in relation to the contravention.

Same

(9) Without limiting the generality of subsection (8), an order under that subsection may direct that the ministry or public body, or a person acting on behalf of the ministry or public body, do one or more of the following:

1. Cease doing an act or acts complained of under subsection (1).

2. Take steps to rectify harm related to a complaint under subsection (1).

3. Reinstate the employment of a public servant whose employment was terminated.

4. Compensate the public servant for loss of any remuneration, including benefits.

Same

(10) Without limiting the generality of subsection (8), where the board is of the view that continuation of the employment relationship is inappropriate, the board may direct the ministry or public body, or person acting on behalf of the ministry or public body to terminate the public servant's employment and provide compensation in lieu of reasonable notice of the termination.

Same

(11) A board may not make an order under subsection (8) for punitive damages or for costs.

Same

(12) Where a board has made a finding under subsection (8) that a reprisal has been taken, the board shall inform the Integrity Commissioner of the finding.

Onus of proof

(13) On an inquiry into a complaint filed with the Public Service Grievance Board, the Ontario Labour Relations Board or the Grievance Settlement Board under this section, the burden of proof that an employer or a person acting on behalf of an employer did not act contrary to subsection 139 (1) lies on the employer or the person acting on behalf of the employer.

Settlements may be filed with Board

141. (1) A written and signed settlement of a complaint made under subsection 140 (1) may, if a party to the settlement believes that the settlement has been breached, be filed,

(a) in the case of a settlement of a complaint by a public servant described in subsection 140 (2) where the complaint is filed with the Ontario Labour Relations Board under that subsection, with the Ontario Labour Relations Board;

(b) in the case of a complaint by a public servant described in subsection 140 (2) that is not filed with the Ontario Labour Relations Board under that subsection and that was settled by the parties to a collective agreement governed by the Crown Employees Collective Bargaining Act, 1993, with the Grievance Settlement Board;

(c) in the case of a settlement of a complaint by a public servant described in subsection 140 (3), with the Public Service Grievance Board;

(d) in the case of a settlement of a complaint by a public servant described in subsection 140 (4), with the Ontario Labour Relations Board.

Same

(2) Where a settlement is filed with a board under this section, the board shall inquire into the matter and, if the board concludes that the settlement has been breached, the Board may,

(a) make an order requiring compliance with the settlement; or

(b) make an order respecting the complaint that could have been made in respect of that complaint under subsection 140 (8).

Same

(3) Subsections 140 (5) and (6) apply with necessary modifications to the Ontario Labour Relations Board acting under subsection (2).

Order may be filed in court

142. (1) An order of the Grievance Settlement Board, the Public Service Grievance Board or the Ontario Labour Relations Board under subsection 140 (8) or 141 (2) may be filed in the Superior Court of Justice.

Same

(2) An order that is filed under subsection (1) is enforceable as if it were an order of the Superior Court of Justice.

Same

Penalties, Prohibitions and Offences

Penalties

143. A public servant who contravenes subsection 139 (1) or any of subsections 144 (1) to (4) is subject to disciplinary measures, including suspension or dismissal.

Prohibitions

144. (1) No person shall wilfully obstruct the Integrity Commissioner in the exercise of his or her powers or the performance of his or her duties or functions under this Part.

Same

(2) No person shall, in disclosing a wrongdoing under this Part, or in the course of an investigation or other proceeding under this Part, knowingly make a false or misleading statement.

Same

(3) No person shall, knowing that a document or other thing is likely to be relevant to an investigation or other proceeding under this Part,

(a) destroy or alter the document or other thing;

(b) falsify the document or other thing or make a false document or other thing;

Same

(4) No person shall direct, counsel or cause in any manner any person to do anything described in this section.

Offence

145. (1) A person who contravenes any of subsections 144 (1) to (4) is guilty of an offence.

Same

(2) A person who contravenes subsection 139 (1) is guilty of an offence.

Same

(3) A prosecution for an offence under subsection (2) shall not be commenced unless there has been a finding by a board under subsection 140 (8) that a reprisal was taken in contravention of subsection 139 (1).

Miscellaneous

Assistance to the Commissioner

146. The Integrity Commissioner may engage, on a temporary basis, the services of a person with technical or specialized knowledge to advise or assist the Commissioner in the exercise of his or her powers or the performance of his or her duties or functions.

Provision of legal services

147. Subject to regulations under subsection 150 (1), the Integrity Commissioner may arrange and pay for the provision of legal services to a public servant or other person involved in any investigation or other proceeding under this Part.

Disclosure does not waive privilege

148. A disclosure under this Part does not constitute waiver of any privilege that may exist with respect to the information or other thing disclosed.

Five-Year Review

Five-year review

149. (1) Five years after this section comes into force, the minister responsible for the administration of this Act shall ensure that a review is conducted of the administration and operation of this Part and that a report setting out the findings from the review is prepared.

Same

(2) The minister shall deliver the report to the Speaker of the Assembly, who shall lay the report before the Assembly at the earliest reasonable opportunity.

Regulations

Regulations, Part VI

150. (1) The Lieutenant Governor in Council may make regulations respecting the provision of legal services under section 147.

Same

(2) Regulations made under this section may be general or particular in their application.

PART VII
MISCELLANEOUS

Statutory Powers Procedure Act

151. The Statutory Powers Procedure Act does not apply to proceedings and decisions under this Act, except as provided under section 23.

Agreement in conflict with regulation, directive

152. Where a provision in a collective agreement conflicts with a provision of a regulation or a directive made under this Act, the provision in the collective agreement prevails over the provision of the regulation or directive.

Implementation of collective agreements, etc.

153. Subject to section 10 of the Ontario Provincial Police Collective Bargaining Act, 2006, the minister responsible for the administration of this Act shall by order implement collective agreements made in accordance with the collective bargaining procedures applicable to public servants employed under Part III of the this Act.

Regulations

Regulations, general

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

(a) providing for the collection, use and disclosure of personal information about public servants and former public servants,

(i) for the purposes of this Act, and

(ii) for the purposes of managing and administering human resources in the public service of Ontario, including but not limited to providing integrated human resources programs for the public service of Ontario;

(b) providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable for the effective implementation of this Act or the regulations or directives under it;

Same

(2) Regulations made under this section may be general or particular in their application.

Transitional Matters

Status of employees

155. (1) A person who was, immediately before this section comes into force, a public servant within the meaning of the Public Service Act, as that Act read immediately before its repeal by section 1 of Schedule C to the Public Service of Ontario Statute Law Amendment Act, 2006, and who at that time worked in a ministry, other than in a minister's office, is, on the day this section comes into force, a public servant appointed under Part III of this Act to employment in a ministry.

Same

(2) A person who was, immediately before this section comes into force, a public servant within the meaning of the Public Service Act, as that Act read immediately before its repeal by section 1 of Schedule C to the Public Service of Ontario Statute Law Amendment Act, 2006, and who at that time worked in a minister's office, is, on the day this section comes into force, a public servant appointed under Part III of this Act to employment in a minister's office.

Same

(3) A person who was, immediately before this section comes into force, appointed under the Public Service Act, as that Act read immediately before its repeal by section 1 of Schedule C to the Public Service of Ontario Statute Law Amendment Act, 2006, to work in a Commission public body is, on the day this section comes into force, a public servant appointed by the Public Service Commission under Part III of this Act to employment in a Commission public body.

Amendments, Commencement and Short Title

Amendment re Schedule C to Access to Justice Act, 2006

156. On the later of the day section 125 of this Act comes into force and the day subsection 2 (7) of Schedule C to the Access to Justice Act, 2006 comes into force, subsection 125 (2) of this Act is repealed and the following substituted:

Same

(2) The person or body may be represented by a person authorized to practise law or provide legal services under the Law Society Act.

Amendments re Legislation Act, 2006

157. On the later of the day this section comes into force and the day section 134 of the Legislation Act, 2006 comes into force, the following provisions of the Act set out in this Schedule are amended by striking out "The Regulations Act" wherever it appears and substituting in each case "Part III (Regulations) of the Legislation Act, 2006":

1. Subsection 33 (6).

2. Subsection 43 (6).

3. Subsection 48 (6).

4. Subsection 59 (6).

5. Subsection 115 (5).

Commencement

158. (1) This section and section 159 come into force on the day the Public Service of Ontario Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2) Sections 1 to 157 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

159. The short title of the Act set out in this Schedule is the Public Service of Ontario Act, 2006.

SCHEDULE B
ONTARIO PROVINCIAL POLICE COLLECTIVE BARGAINING ACT, 2006

PART I
COLLECTIVE BARGAINING

Definitions

1. In this Part,

"agreement" means an agreement in writing between the Crown on the one hand and the Association on the other hand; ("convention")

"Association" means an association which is not affiliated directly or indirectly with a trade union or with any organization that is affiliated directly or indirectly with a trade union and which represents a majority of the members of the Ontario Provincial Police Force and of other persons who either are instructors at the Ontario Police College or who are under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and are described in paragraph 2 of subsection 2 (1); ("association")

"Negotiating Committee" means the Ontario Provincial Police Negotiating Committee continued under section 3; ("comité de négociation")

"Solicitor General" means the Solicitor General or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council. ("solliciteur général")

Application, bargaining units

2. (1) This Part applies to persons who are part of the following bargaining units:

1. The police officers' bargaining unit consisting of members of the Ontario Provincial Police Force who are cadets, probationary constables, constables, corporals, sergeants and staff sergeants, including detective-sergeants, traffic sergeants and identification sergeants.

2. The civilian employees' bargaining unit that shall be established if the Association is certified under subsection 16 (1) as the exclusive bargaining agent for any of the three groups of public servants described in subsection 13 (1) and that shall consist of persons who either are instructors at the Ontario Police College or who are under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who,

i. are not within a bargaining unit described in paragraph 1,

ii. are not within a bargaining unit established for collective bargaining purposes under the Crown Employees Collective Bargaining Act, 1993,

iii. are not a deputy commissioner of the Ontario Provincial Police, a commissioned officer or any other employee exercising managerial functions or employed in a confidential capacity in relation to labour relations,

iv. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, a minister or a deputy minister about employment-related legislation that directly affects the terms and conditions of employment of employees in the public sector as it is defined in subsection 1 (1) of the Pay Equity Act,

v. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, the Minister of Finance, the Chair of Management Board of Cabinet, a deputy minister in the Ministry of Finance or the Secretary of the Management Board of Cabinet on any matter within the powers or duties of the Treasury Board under section 6, 7, 8 or 9 of the Treasury Board Act, 1991, and

vi. do not have duties or responsibilities that, in the opinion of the Ontario Labour Relations Board, constitute a conflict of interest with their being members of this bargaining unit.

Bargaining authority

(2) The Association is the exclusive bargaining agent authorized to represent the employees who are part of a bargaining unit referred to in subsection (1) in bargaining with the employer on terms and conditions of employment, except as to matters that are exclusively the function of the employer under subsection (3), and, without limiting the generality of the foregoing, including rates of remuneration, hours of work, overtime and other premium allowance for work performed, the mileage rate payable to an employee for miles travelled when the employee is required to use his or her own automobile on the employer's business, benefits pertaining to time not worked by employees, including paid holidays, paid vacations, group life insurance, health insurance and long-term income protection insurance, the procedures applicable to the processing of grievances, the methods of effecting promotions, demotions, transfers, lay-offs or reappointments and the conditions applicable to leaves of absence for other than any elective public office, political activities or training and development.

Exclusive functions of employer

(3) Except in relation to matters governed by or under the Police Services Act, every collective agreement is deemed to provide that it is the exclusive function of the employer to manage, which function, without limiting the generality of the foregoing, includes the right to determine employment, appointment, complement, organization, work methods and procedures, kinds and location of equipment, discipline and termination of employment, assignment, classification, job evaluation system, merit system, training and development, appraisal and the principles and standards governing promotion, demotion, transfer, lay-off and reappointment, and that such matters will not be the subject of collective bargaining nor come within the jurisdiction of the Negotiating Committee or an arbitration board.

Questions as to bargaining unit

(4) If, in the course of bargaining for a collective agreement or during the period of operation of a collective agreement, a question arises as to whether a public servant is a person described in subparagraphs 2 i to vi of subsection (1), the question may be referred to the Ontario Labour Relations Board, and the decision of the Board is final.

Negotiating Committee

3. (1) The body known as the Ontario Provincial Police Negotiating Committee in English and comité de négociation de la Police provinciale de l'Ontario in French is continued.

Composition

(2) The Negotiating Committee shall be composed of,

(a) three members appointed by the Association to be known as the "staff side";

(b) three members appointed by the employer to be known as the "employer side"; and

(c) a chair appointed by the members appointed under clauses (a) and (b) who shall not be a member of the staff side or of the employer side and who shall not vote.

Acting chair

(3) The members appointed under clauses (2) (a) and (b) may appoint a person who is not a member of the staff side or of the employer side to act as chair when the chair is absent.

Duties of chair

(4) The chair of the Negotiating Committee shall,

(a) at the request of a member convene a meeting of the Negotiating Committee;

(b) prepare the agenda for each meeting; and

Agenda

(5) At the request of a member of the Negotiating Committee, the chair shall place upon the agenda any matter concerning,

(a) the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this Part so long as the request is made not earlier than 90 days and not later than 60 days before the expiration date of the agreement;

(b) the making of a first agreement; or

Same

(6) Despite clause (5) (a), the chair shall place a matter concerning the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this Part on the agenda even though the request may have been made earlier than 90 days or later than 60 days before the expiration date of the agreement if,

(a) a member of the Negotiating Committee requests that the matter be placed on the agenda; and

(b) both the staff side and the employer side of the Negotiating Committee consent that the matter be placed on the agenda.

Quorum

(7) A quorum of the Negotiating Committee consists of,

(a) the chair;

(b) two members of the staff side; and

Matters to be negotiated

(8) The Negotiating Committee shall negotiate such matters as are put on its agenda under subsections (5) and (6).

Grievance procedure

4. (1) The Negotiating Committee may establish a binding arbitration procedure to deal with any grievance,

(a) concerning working conditions or terms of employment other than,

(i) a grievance to which the Police Services Act or the code of conduct contained in the regulations under that Act applies,

(ii) a grievance that relates to pensions for employees who are part of a bargaining unit referred to in subsection 2 (1), or

(iii) a grievance that requires the creation of a new classification of employees referred to in subclause (ii), the alteration of an existing classification or a change to be made in the classification of any such employee; or

(b) concerning the interpretation or clarification of any clause in an agreement.

Decision

(2) Every decision of the Negotiating Committee shall be in writing and in three copies and each copy shall be signed by the chair and by a representative of the staff side and by a representative of the employer side.

When binding

(3) A decision of the Negotiating Committee shall not be binding on the staff side or the employer side until the decision has been approved in the manner set out in subsection (4) and transmitted by the chair for implementation as set out in subsection (5).

Approval

(4) Approval of a decision of the Negotiating Committee shall be,

(a) on the staff side, by a decision of the Board of Directors of the Association; and

(b) on the employer side, by a decision of the Management Board of Cabinet.

Implementation

(5) The chair of the Negotiating Committee shall transmit every decision of the Committee to the proper authority to be implemented.

Conciliation

5. (1) If a majority of the members of the Negotiating Committee is unable to agree upon a matter concerning the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this Part, the chair shall, at the request of a member, request the Solicitor General to appoint a conciliation officer, and the Solicitor General shall appoint a conciliation officer upon receiving the request.

Duty of conciliation officer

(2) The conciliation officer shall confer with the Negotiating Committee and endeavour to effect an agreement and shall, within 14 days after being appointed, make a written report of the results to the Solicitor General.

Extension of time

(3) The 14-day period may be extended if the parties agree or if the Solicitor General extends it on the advice of the conciliation officer that an agreement may be made within a reasonable time if the period is extended.

Report

(4) When the conciliation officer reports to the Solicitor General that an agreement has been reached or that an agreement cannot be reached, the Solicitor General shall promptly inform the Negotiating Committee of the report.

Arbitration

6. (1) If the Solicitor General has informed the Negotiating Committee that the conciliation officer was not able to effect an agreement, the chair shall, at the request of a member, refer the matter to arbitration.

Composition of arbitration board

(2) The following rules apply to the composition of the arbitration board:

1. The parties shall determine whether it shall consist of one person or of three persons. If they are unable to agree on this matter, or if they agree that the arbitration board shall consist of three persons but one of the parties then fails to appoint a person in accordance with the agreement, the arbitration board shall consist of one person.

2. If the arbitration board is to consist of one person, the parties shall appoint him or her jointly. If they are unable to agree on a joint appointment, the person shall be appointed by the chair of the Ontario Police Arbitration Commission.

3. If the arbitration board is to consist of three persons, the parties shall each appoint one person and shall jointly appoint a chair. If they are unable to agree on a joint appointment, the chair shall be appointed by the chair of the Ontario Police Arbitration Commission.

4. If the arbitration board consists of one person who was appointed by the chair of the Ontario Police Arbitration Commission or if the arbitration board consists of three persons and the chair was appointed by the chair of the Commission, the chair of the Commission shall select the method of arbitration and shall advise the arbitration board of the selection. The method selected shall be mediation-arbitration unless the chair of the Commission is of the view that another method is more appropriate. The method selected shall not be final offer selection without mediation and it shall not be mediation-final offer selection unless the chair of the Commission in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute. If the method selected is mediation-final offer selection, the chair of the arbitration board shall be the mediator or, if the arbitration board consists of one person, that person shall be the mediator.

When hearings commence

(3) The arbitration board shall hold the first hearing within 30 days after the chair is appointed or, if the arbitration board consists of one person, within 30 days after that person is appointed.

Exception

(4) If the method of arbitration selected by the chair of the Ontario Police Arbitration Commission is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (3) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation.

Time for submission of information

(5) If the method of arbitration selected by the chair of the Ontario Police Arbitration Commission is mediation-arbitration or mediation-final offer selection, the chair of the arbitration board or, if the arbitration board consists of one person, that person may, after consulting with the parties, set a date after which a party may not submit information to the board unless,

(a) the information was not available prior to the date;

(b) the chair or, if the arbitration board consists of one person, that person permits the submission of the information; and

Hearing

(6) If the method of arbitration selected by the chair of the Ontario Police Arbitration Commission is conventional arbitration, the arbitration board shall hold a hearing, but the chair of the arbitration board or, if the arbitration board consists of one person, that person may impose limits on the submissions of the parties and the presentation of their cases.

Consolidation of disputes

(7) Disputes may be arbitrated together only if all the parties to the disputes agree.

Time for decision

(8) The arbitration board shall give a decision within 90 days after the chair is appointed or, if the arbitration board consists of one person, within 90 days after that person is appointed.

Extension

(9) The parties may agree to extend the time described in subsection (8), either before or after the time has passed.

Factors to consider

(10) In making a decision on the matter, the arbitration board shall take into consideration all factors it considers relevant, including the following criteria:

1. The employer's ability to pay in light of its fiscal situation.

2. The extent to which services may have to be reduced, in light of the board's decision, if current funding and taxation levels are not increased.

3. The economic situation in Ontario.

4. A comparison, as between the employees and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed.

5. The employer's ability to attract and retain qualified employees.

Restriction

(11) Nothing in subsection (10) affects the powers of the arbitration board.

Limitations on powers of the board

(12) In making a decision under this section, an arbitration board shall not require the parties to include in a collective agreement a term that,

(a) requires the employer to guarantee an offer of a job for employees whose positions have been or may be eliminated or that otherwise compels the employer to continue to employ them;

(b) requires the creation of a new classification of employees, the alteration of an existing classification or a change to be made in the classification of an employee; or

(c) would require either directly or indirectly for its implementation the enactment or amendment of legislation, except for the purpose of appropriating money for its implementation.

Restriction, pensions

7. No matter relating to pensions for employees who are part of a bargaining unit that is represented by the Association for collective bargaining purposes shall be referred to arbitration and no arbitration board shall decide any matter relating to pensions for members of the Ontario Provincial Police Force listed in subsection 2 (1).

Proceedings discontinued

8. (1) Proceedings before an arbitrator or arbitration board under this Part in which a hearing commenced before October 29, 1997 are terminated and any decision in such proceedings is void.

Exception, completed proceedings

(2) This section does not apply with respect to proceedings if,

(a) a final decision is issued on or before June 3, 1997; or

(b) a final decision is issued after June 3, 1997 and the decision is served before October 29, 1997.

Exception, by agreement

(3) This section does not apply if the parties agree in writing after June 3, 1997 to continue the proceedings.

Jurisdiction of OLRB to hear disputes

9. (1) The Ontario Labour Relations Board has jurisdiction to deal with any complaint it receives relating to the assignment of particular work to persons in the bargaining unit described in paragraph 2 of subsection 2 (1) or in a trade union representing employees under the Crown Employees Collective Bargaining Act, 1993 and subsections 99 (2) to (6) and (10) to (13) of the Labour Relations Act, 1995 apply, with necessary modifications, to the determination of such a complaint.

Application of LRA, 1995

(2) For the purposes of the application of subsections 99 (2) to (6) and (10) to (13) of the Labour Relations Act, 1995 to the determination of a complaint referred to in subsection (1), any reference to a trade union in those subsections is deemed to include a reference to the Association.

Implementation of collective agreements, etc.

10. The Minister of Government Services or such other minister as may be designated under the Executive Council Act for the purposes of this section shall by order implement,

(a) collective agreements and awards made in accordance with the collective bargaining procedures applicable to public servants employed under Part III of the Public Service of Ontario Act, 2006 who are represented by the Association;

(b) approved decisions of the Negotiating Committee under section 4; and

Regulations, Part I

11. The Lieutenant Governor in Council may make regulations prescribing the rules of procedure governing proceedings of the Negotiating Committee.

PART II
CERTIFICATION OF THE ASSOCIATION AS EXCLUSIVE BARGAINING AGENT FOR OPP CIVILIAN EMPLOYEES

Definitions

12. In this Part,

"AMAPCEO" means the Association of Management, Administrative and Professional Crown Employees of Ontario; ("AEEGAPCO")

"Association" has the same meaning as in section 1; ("association")

"designated position" means an employment position held by a public servant who either is an instructor at the Ontario Police College or who is under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who is represented for purposes of collective bargaining by either AMAPCEO, OPSEU or PEGO; ("poste désigné")

"OPSEU" means the Ontario Public Service Employees Union; ("SEFPO")

"PEGO" means the Professional Engineers Government of Ontario. ("PEGO")

Application for certification

13. (1) The Association may, during the periods described in subsection (2), make the following applications to the Ontario Labour Relations Board:

1. An application for certification as the exclusive bargaining agent for the public servants who hold designated positions and who are represented by AMAPCEO for collective bargaining purposes.

2. An application for certification as the exclusive bargaining agent for the public servants who hold designated positions and who are represented by OPSEU for collective bargaining purposes.

3. An application for certification as the exclusive bargaining agent for the public servants who hold designated positions and who are represented by PEGO for collective bargaining purposes.

Time of application

(2) An application referred to in subsection (1) shall be made only during the following periods:

1. In the case of an application for certification as the exclusive bargaining agent for public servants in designated positions within a bargaining unit that is represented by AMAPCEO, during the three months immediately preceding the expiry of the first collective agreement between the Crown in Right of Ontario and AMAPCEO to come into force after March 31, 2001.

2. In the case of an application for certification as the exclusive bargaining agent for public servants in designated positions within a bargaining unit that is represented by OPSEU, during the three months immediately preceding the expiry of the collective agreement between the Crown in Right of Ontario and OPSEU that is in force on January 1, 2001.

3. In the case of an application for certification as the exclusive bargaining agent for public servants in designated positions within a bargaining unit that is represented by PEGO, during the three months immediately preceding the expiry of the first collective agreement between the Crown in Right of Ontario and PEGO to come into force after December 31, 2000.

Restriction

(3) The right of the Association to apply for certification under this section is subject to subsection 16 (3).

Withdrawal of application

(4) An application for certification may be withdrawn by the Association upon such conditions as the Ontario Labour Relations Board may determine.

Bar to reapply

(5) Subject to subsection (6), if the Association withdraws an application for certification as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection (1) before a representation vote is taken, the Board may refuse to consider another application for certification of the Association as the exclusive bargaining agent of a group of public servants holding designated positions and represented by the same bargaining agent as the one identified in the original application.

Mandatory bar

(6) If the Association withdraws the application before a representation vote is taken, and the Association has withdrawn a previous application under this section, the Board shall not consider another application for certification by the Association as the exclusive bargaining agent of a group of public servants holding designated positions and represented by the same bargaining agent as the one identified in the original application.

Same

(7) If the Association withdraws an application for certification as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection (1) after a representation vote is taken, the Board shall not consider another application for certification of the Association as the exclusive bargaining agent of a group of public servants holding designated positions and represented by the same bargaining agent as the one identified in the original application.

Notice to employer

(8) The Association shall deliver a copy of the application for certification to the employer by such time as is required under the rules made by the Board and, if there is no rule, not later than the day on which the application is filed with the Board.

Description of persons to whom application relates

(9) The application for certification shall contain a written description of the group of public servants from among the three groups referred to in subsection (1) to which the application relates and shall include an estimate of the number of individuals in the group.

Evidence

(10) The application for certification shall be accompanied by a list of the names of Association members who are part of the group of public servants to whom the application relates and evidence of their status as Association members, but the Association shall not give this information to the employer.

Representation vote

14. (1) Upon receiving an application for certification made under section 13, the Ontario Labour Relations Board may determine the voting constituency to be used for a representation vote and in doing so shall take into account the description of the group of public servants described in subsection 13 (1) and identified in the application.

Direction re representation vote

(2) If the Board determines that 40 per cent or more of the individuals in the group of public servants identified in the application appear to be members of the Association at the time the application was filed, the Board shall direct that a representation vote be taken among the individuals in the voting constituency.

Same

(3) The determination under subsection (2) shall be based upon the information provided in the application for certification and accompanying information provided under subsection 13 (10).

No hearing

(4) The Board shall not hold a hearing when making a decision under subsection (1) or (2).

Timing of vote

(5) Unless the Board directs otherwise, the representation vote shall be held within five days, excluding Saturdays, Sundays and holidays, after the day on which the application for certification is filed with the Board.

Conduct of vote

(6) The representation vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made except in a case where there is only one member in the bargaining unit.

Sealing of ballot box, etc.

(7) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs.

Subsequent hearing

(8) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to dispose of the application for certification.

Exception

(9) When disposing of an application for certification, the Board shall not consider any challenge to the information provided under subsection 13 (10).

Disagreement by employer with Association's estimate

15. (1) If the employer disagrees with the Association's estimate, included in the application for certification, of the number of individuals in the group of public servants to whom the application for certification relates, the employer may give the Ontario Labour Relations Board a notice that it disagrees with that estimate.

Content of notice

(2) A notice under subsection (1) must include the employer's estimate of the number of individuals in the group of public servants to whom the application for certification relates.

Deadline for notice

(3) A notice under subsection (1) must be given within two days, excluding Saturdays, Sundays and holidays, after the day on which the employer receives the application for certification.

Sealing of ballot boxes

(4) If the Board receives a notice under subsection (1), the Board shall direct that the ballot boxes from the representation vote be sealed unless the Association and the employer agree otherwise.

Board determinations, etc.

(5) The following apply if the Board receives a notice under subsection (1):

1. The Board shall not certify the Association as the exclusive bargaining agent or dismiss the application for certification except as allowed under paragraph 2 or as required under paragraph 6.

2. If the Board did not direct that the ballot boxes be sealed, the Board may dismiss the application for certification.

3. Unless the Board dismisses the application as allowed under paragraph 2, the Board shall determine the number of individuals in the group of public servants to whom the application for certification relates.

4. After the Board's determination under paragraph 3, the Board shall determine the percentage of the individuals in the group of public servants to whom the application for certification relates who appear to be members of the Association at the time the application for certification was filed, based upon the Board's determination under paragraph 3 and the information provided under subsection 13 (10).

5. If the percentage determined under paragraph 4 is less than 40 per cent, the Board shall dismiss the application for certification and, if the ballot boxes were sealed, the Board shall direct that the ballots be destroyed without being counted.

6. If the percentage determined under paragraph 4 is 40 per cent or more,

i. if the ballot boxes were sealed, the Board shall direct that the ballot boxes be opened and the ballots counted, subject to any direction the Board has made under subsection 14 (7), and

ii. the Board shall either certify the Association or dismiss the application for certification.

Certification after representation vote

16. (1) The Ontario Labour Relations Board shall certify the Association as the exclusive bargaining agent for the group of public servants described in the application if more than 50 per cent of the ballots cast in the representation vote are cast in favour of the Association.

No certification

(2) The Board shall not certify the Association as the exclusive bargaining agent for the group of public servants described in the application if 50 per cent or less of the ballots cast in the representation vote are cast in favour of the Association.

Bar to reapply

(3) If the Board dismisses an application to certify the Association as the exclusive bargaining agent for a group of public servants referred to in subsection 13 (1), the Board shall not consider another application by the Association for certification as the exclusive bargaining agent for a group of public servants holding designated positions and represented by the same bargaining agent as the one identified in the original application.

Same

(4) For greater certainty, subsection (3) does not apply with respect to a dismissal under paragraph 5 of subsection 15 (5).

Application of LRA, 1995 provisions

17. (1) Sections 70, 71, 72, 73, 76, 77, 87 and 88 of the Labour Relations Act, 1995 apply, with necessary modifications, to an application made under section 13 and, for the purposes of the application of those provisions, a reference to a trade union in those provisions is deemed to include a reference to the Association.

Same, s. 96

(2) Section 96 of the Labour Relations Act, 1995 applies with necessary modifications to any complaint alleging a contravention of the provisions of that Act referred to in subsection (1) and, for the purposes of the application of that section, a reference to a trade union in that section is deemed to include a reference to the Association.

New representation vote

18. (1) Upon the application of AMAPCEO, OPSEU, PEGO or the Association, the Ontario Labour Relations Board may order another representation vote in the following circumstances:

1. The employer, employer's organization or a person acting on behalf of the employer or the employer's organization has contravened a section of the Labour Relations Act, 1995 referred to in subsection 17 (1).

2. The result of the contravention is that a prior representation vote did not likely reflect the true wishes of the public servants to whom the application related about being represented by the Association.

3. In the case of an application made by the Association, the Association has membership support adequate for the purposes of collective bargaining on behalf of the public servants to whom the application relates.

Same

(2) Upon the application of an interested person, the Board may order another representation vote in the following circumstances:

1. AMAPCEO, OPSEU, PEGO, the Association or a person acting on any of their behalf has contravened a section of the Labour Relations Act, 1995 referred to in subsection 17 (1).

No prior contraventions considered

(3) In determining whether to order another representation vote under subsection (1) or (2), the Board shall not consider any contravention of the sections of the Labour Relations Act, 1995 referred to in subsection 17 (1) that occurred before June 29, 2001.

Effect of prior representation vote

(4) Subsections 16 (1) and (2) do not apply with respect to a prior representation vote if a new representation vote is ordered under this section.

Power of Board

(5) Without restricting its powers under section 96 of the Labour Relations Act, 1995 as provided for in subsection 17 (2), the Board may do anything to ensure that a new representation vote ordered under this section reflects the true wishes of the public servants to whom the application for certification relates.

Effect of certification, termination of bargaining rights

19. (1) If the Association is certified as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection 13 (1),

(a) the trade union that previously was the bargaining agent for that group of public servants, AMAPCEO, OPSEU or PEGO, as the case may be, forthwith ceases to represent the public servants; and

(b) the collective agreement between the employer and the trade union that previously was the public servants' bargaining agent ceases to operate in so far as it affects such public servants.

Same, creation of new bargaining unit

(2) Upon the certification of the Association as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection 13 (1), the bargaining unit for civilian employees in the Ontario Provincial Police described in paragraph 2 of subsection 2 (1) is established and the designated positions of the public servants to whom the application related shall be included in the bargaining unit.

Same, adding to new bargaining unit

(3) If, after having been certified as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection 13 (1), the Association is certified as the exclusive bargaining agent for one or both of the other groups of public servants, the designated positions of those public servants shall be included in the bargaining unit for civilian employees in the Ontario Provincial Police referred to in paragraph 2 of subsection 2 (1).

Bargaining unit deemed appropriate

(4) The bargaining unit established under subsection (2) is deemed to be appropriate for collective bargaining.

Same

(5) If one or both of the other groups of public servants referred to in subsection 13 (1) are added to the bargaining unit established under subsection (2), the bargaining unit is deemed to be appropriate for collective bargaining.

Association not trade union under LRA, 1995

(6) Despite the certification of the Association under subsection 16 (1) and the definition of "trade union" in subsection 1 (1) of the Labour Relations Act, 1995, that Act does not apply to the Association except as may be provided in this Act.

PART III
MISCELLANEOUS

Future applications under s. 7 of LRA, 1995

20. The Ontario Labour Relations Board shall not consider itself bound by, or have any regard to, any provision of this Act permitting the exclusion of public servants from their existing bargaining units under the Crown Employees Collective Bargaining Act, 1993 if any future applications are made to the Board under section 7 of the Labour Relations Act, 1995 for the certification of a trade union as the bargaining agent for employees who are part of a bargaining unit established under the Crown Employees Collective Bargaining Act, 1993.

Application of LRA, 1995

Rules of Board

21. (1) The rules of practice made by the chair of the Ontario Labour Relations Board under subsection 110 (17) of the Labour Relations Act, 1995 apply to a proceeding before the Board relating to a question referred to in subsection 2 (4), a complaint made under section 9 or an application made under section 13.

Powers of the Board

(2) In a proceeding referred to in subsection (1), the Board has all of the powers and duties referred to in section 111 of the Labour Relations Act, 1995.

Application of miscellaneous provisions

(3) Section 108, subsections 110 (9), (11), (12), (13), (14), (15) and (16), section 112, subsection 114 (1) and sections 115.1, 117, 119, 120, 122 and 123 of the Labour Relations Act, 1995 apply with necessary modifications to a proceeding referred to in subsection (1).

Same

(4) Sections 116 and 118 of the Labour Relations Act, 1995 apply with necessary modifications to a decision or order of the Board made under sections 13 to 18 or made with respect to a complaint made under section 9.

Deemed reference to Association

(5) Any reference to a trade union in any of the provisions of the Labour Relations Act, 1995 referred to in subsections (1) to (4) is deemed to include a reference to the Association for the purposes of the application of those provisions to a proceeding referred to in subsection (1) or to a decision or order of the Board made under sections 13 to 18 or made with respect to a complaint made under section 9.

Commencement

22. (1) This section and section 23 come into force on the day the Public Service of Ontario Statute Law Amendment Act, 2006 receives Royal Assent.

Same

(2) Sections 1 to 21 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

23. The short title of the Act set out in this Schedule is the Ontario Provincial Police Collective Bargaining Act, 2006.

SCHEDULE C
REPEAL AND AMENDMENTS COMPLEMENTARY TO SCHEDULES A AND B

Public Service Act

1. The Public Service Act is repealed.

Accessibility for Ontarians with Disabilities Act, 2005

2. Subsection 32 (2) of the Accessibility for Ontarians with Disabilities Act, 2005 is amended by striking out "under the Public Service Act" at the end and substituting "under Part III of the Public Service of Ontario Act, 2006".

AgriCorp Act, 1996

3. Subsection 7 (1) of the AgriCorp Act, 1996 is amended by striking out "employed in the public service of Ontario" and substituting "employed under Part III of the Public Service of Ontario Act, 2006".

Algonquin Forestry Authority Act

4. Subsection 6 (3) of the Algonquin Forestry Authority Act is repealed and the following substituted:

Attendance and vacation credits

(3) Where the Authority employs a person who, immediately before his or her employment by the Authority, was a public servant employed under Part III of the Public Service of Ontario Act, 2006, any attendance credits or vacation credits standing to the credit of the person as a public servant shall continue to the credit of the person as an officer or employee of the Authority.

Apprenticeship and Certification Act, 1998

5. (1) Subsection 4 (1) of the Apprenticeship and Certification Act, 1998 is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 4 (5) of the Act is amended by striking out "employed in the public service of Ontario" and substituting "employed under Part III of the Public Service of Ontario Act, 2006".

Assessment Review Board Act

6. (1) Subsection 4 (1) of the Assessment Review Board Act is repealed.

(2) Section 6 of the Act is amended by striking out "any officer or other member of the staff of the Board" and substituting "any employee in the Board".

(3) Section 10 of the Act is repealed and the following substituted:

Registrar and other employees

10. A registrar and such other employees as are considered necessary for the conduct of the Board's affairs shall be appointed under Part III of the Public Service of Ontario Act, 2006.

Auditor General Act

7. (1) The English version of subsection 5 (1) of the Auditor General Act is amended by striking out "deputy ministers in the Ontario civil service" and substituting "deputy ministers in the public service of Ontario".

(2) Section 20 of the Act is repealed and the following substituted:

Employees

20. (1) Subject to the approval of the Board and to sections 22, 25 and 26, the Auditor General may employ such persons as the Auditor General considers necessary for the efficient operation of the Office of the Auditor General and may determine the salary of the Deputy Auditor General and the salaries or wages and the terms and conditions of employment of the employees of the Office of the Auditor General.

Same

(2) Salaries or wages determined for the employees of the Office of the Auditor General under subsection (1) shall be comparable to the salaries or wages determined under Part III of the Public Service of Ontario Act, 2006 for public servants employed under that Part to work in a ministry, other than in a minister's office, who are in similar positions.

(3) Subsection 22 (1) of the Act is repealed and the following substituted:

Benefits

(1) The benefits determined under Part III of the Public Service of Ontario Act, 2006 for public servants employed under that Part to work in a ministry, other than in a minister's office, who are not within a bargaining unit apply to,

(a) the Auditor General;

(b) the Deputy Auditor General; and

Same

(1.1) For the purposes of clause (1) (a), if a benefit applicable to the Auditor General is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Board or any person authorized by order of the Board.

Same

(1.2) For the purposes of clauses (1) (b) and (c), if a benefit applicable to the Deputy Auditor General or to an employee of the Office of the Auditor General is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Auditor General or any person authorized in writing by the Auditor General.

(4) Section 26 of the Act is repealed and the following substituted:

Conduct of business and employee discipline, etc.

26. (1) The Auditor General may make orders and rules for the conduct of the internal business of the Office of the Auditor General.

Same

(2) The Auditor General may, in accordance with subsection (3),

(a) impose disciplinary measures, including suspension or dismissal, for cause on an employee of the Office of the Auditor General; or

(b) dismiss an employee of the Office of the Auditor General from employment other than for cause.

Same

(3) Sections 34 to 36 and 38 and 39 of the Public Service of Ontario Act, 2006 apply, with necessary modifications, to the discipline or dismissal under subsection (2) of an employee by the Auditor General and, for the purpose,

(a) a reference to a public servant appointed by the Public Service Commission, including the reference in section 38 of that Act to such a public servant who is employed in a class of position that is prescribed, shall be read as a reference to an employee of the Office of the Auditor General;

(b) a reference to the Public Service Commission shall be read as a reference to the Auditor General.

Same

(4) An employee who is disciplined under clause (2) (a) may file a grievance with respect to the Auditor General's decision with the Public Service Grievance Board continued under the Public Service of Ontario Act, 2006.

Same

(5) The provisions of Part II of the Public Service of Ontario Act, 2006 and the regulations under that Part that apply in relation to grievances authorized by those regulations apply, with necessary modifications, to a grievance authorized by subsection (4).

Building Code Act, 1992

8. (1) Subsection 4 (4) of the Building Code Act, 1992 is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 23 (3) of the Act is repealed and the following substituted:

Eligibility

(3) A person is not eligible to be a member of the Commission if the person is,

(a) a deputy minister of a ministry;

(b) a public servant employed under Part III of the Public Service of Ontario Act, 2006;

(d) in a prescribed relationship to a registered code agency.

(3) Paragraph 39.1 of subsection 34 (1) of the Act is amended by striking out "subsection 23 (3)" and substituting "clause 23 (3) (d)".

Business Names Act

9. Subsection 3 (2) of the Business Names Act is amended by adding "employed under Part III of the Public Service of Ontario Act, 2006" at the end.

Business Regulation Reform Act, 1994

10. (1) Subsection 12 (2) of the Business Regulation Reform Act, 1994 is repealed and the following substituted:

Powers of Minister

(2) The Minister responsible for the administration of this section may,

(a) appoint a public servant employed under Part III of the Public Service of Ontario Act, 2006 to perform any function or service under a designated Act for the purpose of this Act; or

(b) enter into an agreement with any other person to perform any function or service under a designated Act for the purpose of this Act.

(2) Subsection 12 (4) of the Act is repealed and the following substituted:

Not an employee of the Crown

(4) A person who, by an agreement mentioned in clause (2) (b), is required to perform a function or service is not and shall not be deemed to be an employee of the Crown for the purposes of the function or service.

(3) Subsection 16 (1) of the Act is amended by striking out "a Crown employee" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(4) Clause 16 (2) (a) and subsections 16 (3) and (4) of the Act are amended by striking out "a Crown employee" wherever it appears and substituting in each case "a public servant referred to in subsection (1)".

Capital Investment Plan Act, 1993

11. (1) Subsection 5 (9) of the Capital Investment Plan Act, 1993 is amended by striking out "a public servant within the meaning of the Public Service Act" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 8 (1) of the Act is amended by striking out "may be appointed or transferred to it under the Public Service Act" at the end and substituting "may be appointed under Part III of the Public Service of Ontario Act, 2006".

(3) Subsection 8 (2) of the Act is repealed.

(4) Subsection 8 (3) of the Act is amended by striking out "employees of the corporation employed under the Public Service Act" at the end and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in a corporation".

(5) Subsection 8 (6) of the Act is amended by striking out "Subsections (1), (2), (3) and (5)" at the beginning and substituting "Subsections (1), (3) and (5)".

(6) Clause (a) of the definition of "employee" in subsection 9 (3) of the Act is amended by striking out "the Public Service Act" and substituting "Part III of the Public Service of Ontario Act, 2006".

(7) Subsection 26 (3) of the Act is amended,

(a) by striking out "the Public Service Act" and substituting "Part III of the Public Service of Ontario Act, 2006"; and

(b) by striking out "that Act" wherever it appears and substituting in each case "that Part".

(8) Subsection 50 (1) of the Act is amended by striking out "an employee or officer of the Ministry of the Environment" and substituting "an employee in the Ministry of the Environment".

(9) Section 63.1 of the Act is repealed.

(10) Subsection 64 (1) of the Act is amended by striking out "to any other public servant within the meaning of the Public Service Act who is employed in or provides services to the Ministry" and substituting "to a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in or provides services to the Ministry".

Cemeteries Act (Revised)

12. Subsection 62 (3) of the Cemeteries Act (Revised) is amended by striking out "the Public Service Act" and substituting "Part III of the Public Service of Ontario Act, 2006".

Centennial Centre of Science and Technology Act

13. (1) Subsection 3 (3) of the Centennial Centre of Science and Technology Act is amended by striking out "officers in the public service of Ontario" and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 5 (1) of the Act is repealed and the following substituted:

Director General and other employees

(1) A Director General of the Centre and such other employees as are considered necessary for the proper conduct of the business of the Centre may be appointed under Part III of the Public Service of Ontario Act, 2006.

Child and Family Services Act

14. (1) Subsection 5 (4) of the Child and Family Services Act is amended by striking out "who is not a public servant under the Public Service Act" and substituting "who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 90 (4) of the Act is amended by striking out "who is not a public servant under the Public Service Act" and substituting "who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006".

City of Toronto Act, 2006

15. (1) Subsection 172 (4) of the City of Toronto Act, 2006 is amended by striking out "the Public Service Act" and substituting "the Public Service of Ontario Act, 2006".

(2) Paragraph 4 of subsection 203 (1) of the Act is repealed and the following substituted:

4. Except in accordance with Part V of the Public Service of Ontario Act, 2006 and any regulations made under that Part, a public servant within the meaning of that Act.

Clean Water Act, 2006

16. (1) Subsection 3 (2) of the Clean Water Act, 2006 is repealed and the following substituted:

Same

(2) In making an appointment under this section, the Minister shall appoint only,

(a) a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant; or

(b) any other person or member of any other class of person, if the appointment is approved by the Lieutenant Governor in Council.

(2) Subsection 52 (2) of the Act is repealed and the following substituted:

Same

(2) Despite clause 3 (2) (b), a person other than a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant may be appointed as a director under subsection 3 (1) without the approval of the Lieutenant Governor in Council if,

(a) the person appointed is a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in another ministry of the Government of Ontario or a member of a class of such public servant; and

(b) the appointment specifies that it is in respect of this Part.

(3) Subsection 93 (1) of the Act is amended by striking out "an employee of the Ministry" and substituting "an employee in the Ministry".

Commissioners for taking Affidavits Act

17. Subsection 4 (1.1) of the Commissioners for taking Affidavits Act is amended by striking out "a person who is a public servant as defined in the Public Service Act" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

Community Small Business Investment Funds Act

18. Section 41 of the Community Small Business Investment Funds Act is amended by striking out "any public servant" at the end and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

Commuter Services Act

19. (1) Subsection 2 (2) of the Commuter Services Act is repealed and the following substituted:

Delegation

(2) The Minister may delegate any of his or her powers under this Act to one or more public servants employed under Part III of the Public Service of Ontario Act, 2006.

(2) Subsection 5 (4) of the Act is repealed and the following substituted:

Appointment of officers

(4) The Minister may appoint as an officer any public servant employed under Part III of the Public Service of Ontario Act, 2006, and the officer is a constable for the purposes of,

(a) the regulations made under subsection (1); and

(b) section 33 of the Highway Traffic Act.

Courts of Justice Act

20. (1) Section 51.13 of the Courts of Justice Act is amended by adding the following subsection:

Same

(4) The reference in paragraph 11 of the framework agreement to public servants as defined in the Public Service Act is deemed to be a reference to public servants employed under Part III of the Public Service of Ontario Act, 2006.

(2) Subsection 73 (1) of the Act, as it will read on the day that section 14 of Schedule A to the Access to Justice Act, 2006 comes into force, is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

(3) Subsection (2) applies only if section 14 of Schedule A to the Access to Justice Act, 2006 comes into force.

(4) Subsection 77 (1) of the Act is amended by striking out "under the Public Service Act" at the end and substituting "under Part III of the Public Service of Ontario Act, 2006".

(5) Subsection (4) applies only if section 14 of Schedule A to the Access to Justice Act, 2006 has not come into force by the day subsection (4) comes into force.

Credit Unions and Caisses Populaires Act, 1994

21. Paragraph 10 of subsection 92 (1) of the Credit Unions and Caisses Populaires Act, 1994 is repealed and the following substituted:

10. A public servant employed under Part III of the Public Service of Ontario Act, 2006 whose employment duties include regulating credit unions.

Crown Attorneys Act

22. Subsection 6 (1) of the Crown Attorneys Act is amended by striking out "persons appointed under the Public Service Act" and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006".

Crown Employees Collective Bargaining Act, 1993

23. (1) The definition of "Crown employee" in subsection 1 (1) of the Crown Employees Collective Bargaining Act, 1993 is repealed and the following substituted:

"Crown employee" means,

(a) a public servant employed under Part III of the Public Service of Ontario Act, 2006, and

(b) a person employed by an agency of the Crown prescribed by the regulations under this Act.

(2) Section 1 of the Act is amended by adding the following subsection:

Regulations

(3) The Lieutenant Governor in Council may make regulations prescribing agencies of the Crown for the purposes of clause (b) of the definition of "Crown employee" in subsection (1).

(3) Subsections 1.1 (1) and (2) of the Act are repealed and the following substituted:

Application of Act

(1) This Act applies with respect to the Crown, Crown employees and the bargaining agents of Crown employees.

(4) Paragraphs 1 and 2 of subsection 1.1 (3) of the Act are repealed and the following substituted:

1. Persons to whom the Ontario Provincial Police Collective Bargaining Act, 2006 applies.

(5) Subsection 5 (6) of the Act is repealed and the following substituted:

Same

(6) Subsection (5) does not apply when the employer is an agency of the Crown referred to in clause (b) of the definition of "Crown employee" in subsection 1 (1).

Crown Foundations Act, 1996

24. Section 15 of the Crown Foundations Act, 1996 is repealed and the following substituted:

Not an employee of the Crown

15. A person employed by a foundation or for whose services a foundation contracts is not and shall not be deemed to be an employee of the Crown.

Day Nurseries Act

25. Subsection 16 (2) of the Day Nurseries Act is amended by striking out "who is not in the employ of the public service of Ontario" and substituting "who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006".

Development Corporations Act

26. (1) Subsection 9 (2) of the Development Corporations Act is amended by striking out "a director or an officer in the public service of Ontario" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 10 (2) of the Act is amended by striking out "such of its directors as are not officers of the public service of Ontario" and substituting "those of its directors who are not public servants employed under Part III of the Public Service of Ontario Act, 2006".

(3) Subsection 23 (1) of the Act is repealed and the following substituted:

Employees

(1) Such employees as are considered necessary for the proper conduct of the business of the corporations may be appointed under Part III of the Public Service of Ontario Act, 2006.

Drainage Act

27. Section 92 of the Drainage Act is amended by striking out "a member of the public service of Ontario" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

Education Act

28. (1) Paragraph 22 of subsection 8 (1) of the Education Act is amended by striking out "not being a member of the public service" in the portion after clause (b) and substituting "other than an individual employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 295 (4) of the Act is amended by striking out "such employees in the public service of Ontario" and substituting "such public servants employed under Part III of the Public Service of Ontario Act, 2006".

Education Quality and Accountability Office Act, 1996

29. Subsections 17 (1), (2) and (3) of the Education Quality and Accountability Office Act, 1996 are repealed and the following substituted:

Employees

(1) Such employees as are considered necessary for the proper conduct of the affairs of the Office may be appointed under Part III of the Public Service of Ontario Act, 2006.

Same

(2) The chief executive officer of the Office may exercise any powers and perform any duties or functions that the Public Service Commission may delegate to him or her under Part III of the Public Service of Ontario Act, 2006 in respect of employees appointed under that Part.

Election Act

30. (1) Subsection 114 (1) of the Election Act is repealed and the following substituted:

Office of the Chief Election Officer

(1) Subject to the approval of the Board, the Chief Election Officer may employ such persons on his or her permanent staff as are necessary in the performance of his or her duties and for the efficient and proper operation of his or her office and may,

(a) establish job classifications for such employees and determine their salaries or wages and the terms and conditions of their employment; and

(b) determine the salary of the Assistant Chief Election Officer.

Same

(1.0.1) Salaries or wages determined for the employees of the office of the Chief Election Officer under clause (1) (a) shall be comparable to the salaries or wages determined under Part III of the Public Service of Ontario Act, 2006 for public servants employed under that Part to work in a ministry, other than in a minister's office, who are in similar positions.

(2) Subsection 116 (1) of the Act is repealed and the following substituted:

Benefits

(a) the Chief Election Officer;

(b) the Assistant Chief Election Officer; and

Same

(1.1) For the purposes of clause (1) (a), if a benefit applicable to the Chief Election Officer is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Board or any person authorized by order of the Board.

Same

(1.2) For the purposes of clauses (1) (b) and (c), if a benefit applicable to the Assistant Chief Election Officer or to an employee of the office of the Chief Election Officer is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Chief Election Officer or any person authorized in writing by the Chief Election Officer.

(3) Section 117 of the Act is repealed and the following substituted:

Conduct of business and employee discipline

117. (1) The Chief Election Officer may make orders and rules for the conduct of the internal business of the office of the Chief Election Officer and, after a hearing, may, in accordance with subsection (2), impose disciplinary measures, including suspension or dismissal, for cause on an employee of the office.

Same

(2) Sections 34 to 36 of the Public Service of Ontario Act, 2006 apply, with necessary modifications, to the discipline for cause of an employee by the Chief Election Officer under subsection (1) and, for the purpose,

(a) a reference to a public servant appointed by the Public Service Commission shall be read as a reference to an employee of the office of the Chief Election Officer;

(b) a reference to the Public Service Commission shall be read as a reference to the Chief Election Officer.

Appeals

(3) A decision of the Chief Election Officer to discipline an employee under subsection (1) may be appealed by the employee, within 14 days after the decision has been communicated to him or her, to the Public Service Grievance Board continued under the Public Service of Ontario Act, 2006.

Same

(4) The Public Service Grievance Board may hear and dispose of an appeal under this section, and the provisions of Part II of the Public Service of Ontario Act, 2006 and the regulations under that Part that apply in relation to grievances authorized by those regulations apply, with necessary modifications, to an appeal under this section.

Same

(5) The Public Service Grievance Board shall report its decision and reasons in writing to the Chief Election Officer and to the appellant.

Electricity Act, 1998

31. (1) Subsections 76 (1) and (2) of the Electricity Act, 1998 are repealed and the following substituted:

Employees

(1) Without limiting the power of the Financial Corporation to hire employees, such employees as are considered necessary for the proper conduct of the Corporation may be appointed under Part III of the Public Service of Ontario Act, 2006.

(2) The definition of "employee" in subsection 77 (6) of the Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

(3) Subsection 110 (3) of the Act is repealed and the following substituted:

Not an employee of the Crown

(3) An employee of the subsidiary is not and shall not be deemed to be an employee of the Crown.

Emergency Management and Civil Protection Act

32. (1) The definition of "Crown employee" in section 1 of the Emergency Management and Civil Protection Act is repealed.

(2) Section 1 of the Act is amended by adding the following definition:

"public servant" means a public servant within the meaning of the Public Service of Ontario Act, 2006. ("fonctionnaire")

(3) The following provisions of the Act are amended by striking out "Crown employees" wherever it appears and substituting in each case "public servants":

1. Clause 5.1 (1) (b).

2. Subsection 6 (1), in the portion after clause (b), and subsection 6 (2).

(4) The English version of subsection 7.0.3 (1) of the Act is amended by striking out "a Crown employee" and substituting "an employee of the Crown".

(5) Clause 9 (a) of the Act is amended by striking out "Crown employees" and substituting "public servants".

(6) Subsection 11 (1) of the Act is amended by striking out "Crown employee" and substituting "public servant".

(7) Subsection 11 (2) of the Act is amended by striking out "Crown employee" and substituting "public servant".

Employment Standards Act, 2000

33. Subsection 86 (1) of the Employment Standards Act, 2000 is repealed and the following substituted:

Employment standards officers

(1) Such persons as are considered necessary to enforce this Act and the regulations may be appointed under Part III of the Public Service of Ontario Act, 2006 as employment standards officers.

Environmental Assessment Act

34. (1) Subsection 24 (1) of the Environmental Assessment Act is amended by striking out "employees of the Ministry" and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry".

(2) Subsection 32 (1) of the Act is repealed and the following substituted:

Protection from personal liability

(1) No action or other proceeding may be instituted against the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of such a duty or authority:

1. A member of the Tribunal.

2. An employee in the Ministry.

3. A provincial officer employed under Part III of the Public Service of Ontario Act, 2006.

4. A public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a person described in paragraph 1, 2 or 3.

Exception

(1.1) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for under this or any other Act with respect to a person referred to in that subsection.

(3) Section 34 of the Act is amended by striking out "employee of the Ministry" and substituting "employee in the Ministry".

Environmental Bill of Rights, 1993

35. (1) Section 54 of the Environmental Bill of Rights, 1993 is repealed and the following substituted:

Employees

54. (1) Subject to the approval of the Board of Internal Economy, the Environmental Commissioner may employ such employees as the Commissioner considers necessary for the efficient operation of his or her office, and may determine their salaries or wages and the terms and conditions of their employment.

Same

(2) Salaries or wages determined under subsection (1) shall be comparable to the salaries or wages determined under Part III of the Public Service of Ontario Act, 2006 for public servants employed under that Part to work in a ministry, other than in a minister's office, who are in similar positions.

Benefits

(3) The benefits determined under Part III of the Public Service of Ontario Act, 2006 with respect to the following matters for public servants employed under that Part to work in a ministry, other than in a minister's office, who are not within a bargaining unit apply to the employees of the office of the Environmental Commissioner:

1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of those credits.

2. Plans for group life insurance, medical-surgical insurance or long-term income protection.

3. The granting of leaves of absence.

Same

(4) For the purposes of subsection (3), if a benefit applicable to an employee of the office of the Environmental Commissioner is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Commissioner or any person authorized in writing by the Commissioner.

Pensions

(5) The employees of the office of the Environmental Commissioner are members of the Public Service Pension Plan.

(2) Subsection 119 (1) of the Act is amended by striking out "a minister or an employee of a ministry" and substituting "a minister, a deputy minister or an employee in a ministry".

Environmental Protection Act

36. (1) Subsections 5 (1) and (2) of the Environmental Protection Act are repealed and the following substituted:

Directors

(1) The Minister may in writing appoint as Directors any of the following persons as the Minister considers necessary in respect of the sections of this Act or of the regulations that are set out in the appointments:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Subject to the approval of the Lieutenant Governor in Council, any other persons or the members of any other classes of persons.

Analysts and provincial officers

(2) The Minister may in writing appoint as analysts or designate as provincial officers any of the following persons as the Minister considers necessary in respect of the sections of any Act administered by the Minister or of the regulations under such Act that are set out in the appointments or designations:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Any other persons or the members of any other classes of persons.

(2) Subsection 94 (1) of the Act is amended by striking out "the employees and agents of the Ministry" at the end and substituting "the employees in and agents of the Ministry".

(3) Subsection 94 (3) of the Act is amended by striking out "the employees and agents of the Ministry" and substituting "the employees in and agents of the Ministry".

(4) Subsection 94 (5) of the Act is amended by striking out "the employees and agents of the Ministry" and substituting "the employees in and agents of the Ministry".

(5) Section 114 of the Act is amended by striking out "directors who are not employees in the public service of the Province of Ontario" and substituting "directors who are not public servants employed under Part III of the Public Service of Ontario Act, 2006".

(6) Subsection 168.3 (3) of the Act is amended by striking out "a Crown employee within the meaning of the Public Service Act" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(7) Subsection 168.9 (12) of the Act is amended by striking out "employee of the Ministry" at the end of the portion before clause (a) and substituting "employee in the Ministry".

(8) Subsection 180 (1) of the Act is repealed and the following substituted:

Protection from personal liability

1. A member of the Tribunal.

2. An employee in the Ministry.

3. A provincial officer employed under Part III of the Public Service of Ontario Act, 2006.

4. A public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a person described in paragraph 1, 2 or 3.

Exception

(9) Subsection 184 (1) of the Act is amended by striking out "employee or agent of the Ministry" and substituting "employee in or agent of the Ministry".

(10) Subsection 184 (2) of the Act is amended by striking out "employee or agent of the Ministry" and substituting "employee in or agent of the Ministry".

(11) Subsection 184 (4) of the Act is amended by striking out "employee or agent of the Ministry" and substituting "employee in or agent of the Ministry".

Environmental Review Tribunal Act, 2000

37. (1) Subsection 1 (3) of the Environmental Review Tribunal Act, 2000 is repealed and the following substituted:

Same

(3) None of the members of the Tribunal shall be public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry of the Environment.

(2) Section 2 of the Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

Family Benefits Act

38. (1) Subsection 3 (2) of the Family Benefits Act is repealed and the following substituted:

Acting Director

(2) The Minister may designate a public servant employed under Part III of the Public Service of Ontario Act, 2006 to exercise the powers and perform the duties of the Director if the Director is absent or if the office of the Director is vacant.

(2) Subsection 3 (3) of the Act is amended by striking out "any employee or class of employee of the Ministry of Community and Social Services" and substituting "any public servant described in subsection (2) who works in the Ministry of Community and Social Services or any class of such public servant".

Farm Implements Act

39. Subsection 4 (3) of the Farm Implements Act is repealed and the following substituted:

Representatives

(3) The Director may appoint as his or her representative one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the Director may delegate to a representative the powers, duties and functions under this Act that the Director specifies.

Farm Products Payments Act

40. (1) Subsection 2 (2) of the Farm Products Payments Act is amended by striking out "members who are not employed in the public service of Ontario" at the end and substituting "members who are not public servants employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 2 (7) of the Act is repealed and the following substituted:

Employees

(7) Such employees as are considered necessary for the proper conduct of the affairs of boards may be appointed under Part III of the Public Service of Ontario Act, 2006.

(3) Subsection 5 (2) of the Act is repealed and the following substituted:

Payments out of fund

(2) The expenses of a board, other than for the remuneration of those of its employees who are public servants employed under Part III of the Public Service of Ontario Act, 2006, shall be paid by the board out of the fund administered by it.

Farming and Food Production Protection Act, 1998

41. Subsection 3 (7) of the Farming and Food Production Protection Act, 1998 is amended by striking out "public servants of Ontario" and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006".

Financial Administration Act

42. (1) Subsection 5 (4) of the Financial Administration Act is amended by striking out "a person employed in the Ontario public service the authority" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry of Finance, other than in the Minister's office, the authority".

(2) Subsection 20 (6) of the Act is amended by striking out "an officer or employee of the Crown employed in or seconded to the Ministry of Finance" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry of Finance, other than in the office of the Minister of Finance".

Financial Services Commission of Ontario Act, 1997

43. (1) Subsection 5 (1) of the Financial Services Commission of Ontario Act, 1997 is amended by striking out "the Public Service Act" and substituting "Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 8 (1) of the Act is repealed and the following substituted:

Employees

(1) Such employees as are considered necessary for the proper conduct of the affairs of the Commission may be appointed under Part III of the Public Service of Ontario Act, 2006.

Fire Protection and Prevention Act, 1997

44. (1) Subsection 58 (2) of the Fire Protection and Prevention Act, 1997 is repealed and the following substituted:

Appointment of members

(2) The Lieutenant Governor in Council shall appoint the members to the Commission, and may designate one of the members as chair and one or more of the members as vice-chair.

Ineligibility

(2.1) A person is not eligible to be a member of the Commission if the person is,

(a) a deputy minister of a ministry;

(b) a public servant employed under Part III of the Public Service of Ontario Act, 2006; or

(2) Subsection 67 (2) of the Act is repealed and the following substituted:

Not an employee of the Crown

(2) A person who is employed or whose services are contracted under subsection (1) is not and shall not be deemed to be an employee of the Crown.

Fiscal Transparency and Accountability Act, 2004

45. Subsection 12 (4) of the Fiscal Transparency and Accountability Act, 2004 is repealed and the following substituted:

Ineligibility

(4) Public servants employed under Part III of the Public Service of Ontario Act, 2006 are not eligible to be members of the Council.

Food Safety and Quality Act, 2001

46. (1) The definition of "Crown appointee" in subsection 50 (1) of the Food Safety and Quality Act, 2001 is amended by striking out "a Crown employee within the meaning of the Public Service Act" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 50 (3) of the Act is amended by striking out "employee of the Ministry" at the end of the portion before clause (a) and substituting "employee in the Ministry".

(3) Subclauses 50 (3) (a) (i) and (ii) of the Act are repealed and the following substituted:

(i) a person who is neither a public servant employed under Part III of the Public Service of Ontario Act, 2006 nor a Crown appointee,

(ii) a person who is assisting an inspector in exercising powers under any of sections 15 to 25 and 36, if the inspector is neither a public servant referred to in subclause (i) nor a Crown appointee;

(4) Subsection 50 (4) of the Act is repealed and the following substituted:

Protection from personal liability

(4) No action or other proceeding for damages or otherwise lies or shall be instituted against any of the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of such a duty or authority:

1. A member of the Tribunal.

2. A public servant employed under Part III of the Public Service of Ontario Act, 2006.

3. A Crown appointee.

4. A person who is assisting an inspector in exercising powers under any of sections 15 to 25 and 36, if the inspector is a public servant referred to in paragraph 2 or a Crown appointee.

Exception

(4.1) Subsection (4) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for with respect to a person described in subsection (4) in any Act or in a regulation made under this or any other Act.

Freedom of Information and Protection of Privacy Act

47. (1) Subsection 5 (2) of the Freedom of Information and Protection of Privacy Act is repealed and the following substituted:

Not a public servant

(2) The Commissioner is not a public servant within the meaning of the Public Service of Ontario Act, 2006.

(2) Subsection 8 (2) of the Act is repealed and the following substituted:

Benefits

(2) The benefits determined under Part III of the Public Service of Ontario Act, 2006 with respect to the following matters for public servants employed under that Part to work in a ministry, other than in a minister's office, who are not within a bargaining unit apply to the employees of the office of the Commissioner:

1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of such credits.

2. Plans for group life insurance, medical-surgical insurance or long-term income protection.

3. The granting of leaves of absence.

Same

(2.1) For the purposes of subsection (2), if a benefit applicable to an employee of the office of the Commissioner is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Commissioner or any person authorized in writing by the Commissioner.

(3) Paragraph 8.1 of subsection 67 (2) of the Act is repealed.

French Language Services Act

48. Subsection 12 (1) of the French Language Services Act is amended by striking out "the Public Service Act" and substituting "Part III of the Public Service of Ontario Act, 2006".

GO Transit Act, 2001

49. (1) Subsection 5 (3) of the GO Transit Act, 2001 is amended by striking out "within the meaning of the Public Service Act" at the end and substituting "employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 5 (8) of the Act is amended by adding "employed under Part III of the Public Service of Ontario Act, 2006" after "public servants".

(3) Subsection 6 (4) of the Act is amended by adding "employed under Part III of the Public Service of Ontario Act, 2006" after "a public servant".

(4) Section 28 of the Act is amended by striking out "and the Public Service Act" at the end.

Greater Toronto Transportation Authority Act, 2006

50. (1) Subsection 9 (7) of the Greater Toronto Transportation Authority Act, 2006 is amended by adding "employed under Part III of the Public Service of Ontario Act, 2006" after "public servants".

(2) Section 38 of the Act is amended by striking out "and the Public Service Act" at the end.

Healing Arts Radiation Protection Act

51. Subsection 15 (8) of the Healing Arts Radiation Protection Act is repealed and the following substituted:

Employees

(8) Such employees as are necessary to carry out the duties of the Commission shall be appointed under Part III of the Public Service of Ontario Act, 2006.

Health Care Consent Act, 1996

52. Subsection 72 (1) of the Health Care Consent Act, 1996 is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

Health Insurance Act

53. Subsection 6 (6) of the Health Insurance Act is repealed and the following substituted:

Ineligibility

(6) A person may not be a member of a practitioner review committee if he or she is employed,

(a) under Part III of the Public Service of Ontario Act, 2006; or

(b) by any agency of the Crown.

Human Rights Code

54. (1) Subsection 27 (5) of the Human Rights Code is repealed and the following substituted:

Employees

(5) Such employees as are considered necessary for the proper conduct of the affairs of the Commission shall be appointed under Part III of the Public Service of Ontario Act, 2006.

(2) Subsection 35 (4) of the Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

Independent Health Facilities Act

55. Clause 29 (3) (b) of the Independent Health Facilities Act is repealed and the following substituted:

(b) must not be a public servant employed under Part III of the Public Service of Ontario Act, 2006.

Justices of the Peace Act

56. (1) Subsection 2.1 (21) of the Justices of the Peace Act, as it will read on the day that section 3 of Schedule B to the Access to Justice Act, 2006 comes into force, is repealed and the following substituted:

Employees

(21) Such employees as are considered necessary for the proper conduct of the affairs of the Advisory Committee may be appointed under Part III of the Public Service of Ontario Act, 2006.

(2) Subsection (1) applies only if section 3 of Schedule B to the Access to Justice Act, 2006 comes into force.

(3) Subsection 8 (14) of the Act, as it will read on the day that section 7 of Schedule B to the Access to Justice Act, 2006 comes into force, is repealed and the following substituted:

Employees

(14) Such employees as are considered necessary for the proper conduct of the affairs of the Review Council may be appointed under Part III of the Public Service of Ontario Act, 2006.

(4) Subsection (3) applies only if section 7 of Schedule B to the Access to Justice Act, 2006 comes into force.

(5) Subsection 9 (3) of the Act is repealed and the following substituted:

Employees

(3) Such employees as are considered necessary for the proper conduct of the affairs of the Review Council may be appointed under Part III of the Public Service of Ontario Act, 2006.

(6) Subsection (5) applies only if section 7 of Schedule B to the Access to Justice Act, 2006 has not come into force by the day subsection (5) comes into force.

(7) Subsection 21 (3) of the Act is repealed and the following substituted:

Justices of the peace who are public servants

(3) A regulation made under clause (1) (c) or (d) may, in respect of justices of the peace who are also employed under Part III of the Public Service of Ontario Act, 2006, provide that the duties performed by such justices of the peace in the course of their employment under that Part shall not be considered in calculating their salary and benefits under this Act.

(8) Subsection (7) applies only if subsection 18 (2) of Schedule B to the Access to Justice Act, 2006 has not come into force by the day subsection (7) comes into force.

Labour Relations Act, 1995

57. (1) The English version of the definition of "Director of Labour Management Services" in subsection 1 (1) of the Labour Relations Act, 1995 is amended by striking out "civil servant" wherever it appears and substituting in each case "public servant".

(2) Clauses 3 (g) and (h) of the Act are repealed and the following substituted:

(h) to an employee of a college of applied arts and technology;

(3) Subsection 4 (1) of the Act is repealed and the following substituted:

Certain Crown agencies bound

(1) This Act binds agencies of the Crown other than,

(a) agencies in which are employed Crown employees as defined in the Crown Employees Collective Bargaining Act, 1993; and

(b) colleges of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002.

(4) Subsection 124.1 (2) of the Act is repealed and the following substituted:

Same

(2) An order of the Minister under subsection (1) shall not provide for or fix any remuneration or expenses of any person referred to in that subsection who is a public servant employed under Part III of the Public Service of Ontario Act, 2006.

Land Titles Act

58. (1) Section 5 of the Land Titles Act is repealed and the following substituted:

Representatives

5. A land registrar appointed for a land titles division may appoint as his or her representative one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the land registrar may delegate to his or her representative the powers, duties and functions under this Act that the land registrar specifies.

(2) Subsection 9 (1) of the Act is amended by striking out "within the meaning of the Public Service Act" and substituting "employed under Part III of the Public Service of Ontario Act, 2006".

(3) Subsection 9 (2) of the Act is repealed and the following substituted:

Representatives

(2) The Director of Titles may appoint as his or her representative one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the Director may delegate to a representative the powers, duties and functions under this or any other Act that the Director specifies.

(4) Clause 18 (1) (c) of the Act is repealed and the following substituted:

(c) a day that is determined by directive of the Management Board of Cabinet under subsection 33 (4) of the Public Service of Ontario Act, 2006 to be a holiday; and

Legal Aid Services Act, 1998

59. Subsection 64 (7) of the Legal Aid Services Act, 1998 is repealed and the following substituted:

Not an employee of the Crown

(7) An employee of the Corporation is not and shall not be deemed to be an employee of the Crown.

Legislative Assembly Act

60. Subsection 92 (2) of the Legislative Assembly Act is repealed and the following substituted:

Benefits

(2) The benefits determined under Part III of the Public Service of Ontario Act, 2006 with respect to the matters referred to in clauses (1) (b), (c) and (d) for public servants employed under that Part to work in a ministry, other than in a minister's office, who are not within a bargaining unit apply to the permanent and full-time employees of the Office of the Assembly until a plan or system in relation to the same matters is provided by the Speaker under this Act.

Same

(3) For the purposes of subsection (2), if a benefit determined under Part III of the Public Service of Ontario Act, 2006 that is applicable to an employee of the Office of the Assembly is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Speaker or any person authorized in writing by the Speaker.

Livestock Medicines Act

61. Subsection 2 (4) of the Livestock Medicines Act is amended by striking out "employed in the public service of Ontario or Canada" and substituting "employed under Part III of the Public Service of Ontario Act, 2006 or employed in the public service of Canada".

Lobbyists Registration Act, 1998

62. Paragraph 2 of subsection 5 (8) of the Lobbyists Registration Act, 1998 is repealed and the following substituted:

2. Public servants employed under Part III of the Public Service of Ontario Act, 2006.

Local Health System Integration Act, 2006

63. (1) Subsection 10 (2) of the Local Health System Integration Act, 2006 is repealed and the following substituted:

Restriction

(2) The chief executive officer of a local health integration network shall not be a member of the board of directors of any local health integration network.

(2) Subsection 11 (2) of the Act is repealed.

Management Board of Cabinet Act

64. Subsection 2 (7) of the Management Board of Cabinet Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

Members' Integrity Act, 1994

65. Subsection 7 (6) of the Members' Integrity Act, 1994 is amended by striking out "the Public Service Act" and substituting "the Public Service of Ontario Act, 2006".

Milk Act

66. (1) Subsection 2.6 (2) of the Milk Act is repealed and the following substituted:

Not employees of the Crown

(2) If a designated administrative authority is not an agency of the Government of Ontario, its members, officers, directors and agents and the persons that it employs or whose services it retains to carry out the powers and duties of the authority relating to the administration and enforcement of the designated legislation are not and shall not be deemed to be employees of the Crown while they do work for the authority, and they shall not hold themselves out as such.

(2) Section 2.7 of the Act is amended by striking out "are not agents of the Crown in right of Ontario and shall not hold themselves out as such" at the end and substituting "are not and shall not be deemed to be agents of the Crown in right of Ontario, and they shall not hold themselves out as such".

(3) The English version of subsection 2.8 (1) of the Act is amended by striking out "a Crown employee" and substituting "an employee of the Crown".

(4) The English version of subsection 2.8 (2) of the Act is amended by striking out "a Crown employee" and substituting "an employee of the Crown".

Mining Act

67. (1) Section 10 of the Mining Act is amended by striking out "Despite anything in the Public Service Act, the Minister may employ" at the beginning and substituting "The Minister may retain the services of".

(2) Subsection 146 (1) of the Act is amended by striking out "including a person who is not an employee of the Ministry".

Ministry of Agriculture, Food and Rural Affairs Act

68. (1) Section 3 of the Ministry of Agriculture, Food and Rural Affairs Act is repealed and the following substituted:

Deputy Minister

3. The Lieutenant Governor in Council may appoint a Deputy Minister of Agriculture, Food and Rural Affairs who shall be the deputy head of the Ministry.

Employees

3.1 Such employees as are considered necessary for the proper conduct of the business of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006.

(2) Subsection 12 (6) of the Act is amended by striking out "who are not employed in the public service of Ontario" and substituting "who are not public servants employed under Part III of the Public Service of Ontario Act, 2006".

(3) Subsection 12 (8) of the Act is amended by striking out "appointed or transferred under the Public Service Act" at the end and substituting "appointed under Part III of the Public Service of Ontario Act, 2006".

(4) Subsection 14 (10) of the Act is amended by striking out "who are not employed in the public service of Ontario" and substituting "who are not public servants employed under Part III of the Public Service of Ontario Act, 2006".

Ministry of Community and Social Services Act

69. (1) Subsection 4 (2) of the Ministry of Community and Social Services Act is amended by striking out "may be appointed under the Public Service Act" at the end and substituting "may be appointed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 15 (7) of the Act is amended by striking out "may be appointed under the Public Service Act" at the end and substituting "may be appointed under Part III of the Public Service of Ontario Act, 2006".

Ministry of Consumer and Business Services Act

70. (1) Subsection 8 (2) of the Ministry of Consumer and Business Services Act is amended by adding the following paragraph:

8. A public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry.

(2) Section 12 of the Act is repealed and the following substituted:

Employees

12. Such employees as are considered necessary for the proper conduct of the business of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006.

Ministry of Correctional Services Act

71. (1) Section 6 of the Ministry of Correctional Services Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 22 (1) of the Act is repealed and the following substituted:

Inspection, investigation

(1) The Minister may designate any person as an inspector to make such inspection or investigation as the Minister may require in connection with the administration of this Act, and any person employed in the Ministry who obstructs an inspection or investigation or withholds, destroys, conceals or refuses to furnish any information or thing required by an inspector for the purposes of the inspection or investigation may be dismissed for cause from employment.

(3) Subsection 43 (1) of the Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

(4) Subsection 57.2 (2) of the Act is repealed and the following substituted:

Not employees of the Crown

(2) A contractor and the persons employed by a contractor are not and shall not be deemed to be employees of the Crown.

Ministry of Economic Development and Trade Act

72. Subsection 7 (2) of the Ministry of Economic Development and Trade Act is repealed and the following substituted:

Not an employee of the Crown

(2) A person employed under subsection (1) is not and shall not be deemed to be an employee of the Crown.

Ministry of Energy Act

73. Subsection 5 (2) of the Ministry of Energy Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

Ministry of Government Services Act

74. Subsection 3 (1) of the Ministry of Government Services Act is amended by striking out "may be appointed under the Public Service Act" and substituting "may be appointed under Part III of the Public Service of Ontario Act, 2006".

Ministry of Health and Long-Term Care Act

75. (1) Section 1 of the Ministry of Health and Long-Term Care Act is amended by adding the following definition:

"Ministry" means the Ministry of Health and Long-Term Care; ("ministère")

(2) Subsection 3 (3) of the Act is repealed and the following substituted:

Delegation

(3) The Minister may delegate, in writing, any of his or her powers or duties under this or any other Act or otherwise at law to any of the following persons and may impose conditions and restrictions with respect to the delegation:

1. The Deputy Minister.

2. An associate deputy minister or assistant deputy minister of the Ministry.

3. A public servant employed under Part III of the Public Service of Ontario Act, 2006.

4. Any officer or member of the board of an agency or other entity for which the Minister has been assigned responsibility by the Lieutenant Governor in Council, or any employee of such an agency or other entity.

5. A person or member of a class of person prescribed in the regulations.

(3) Section 5 of the Act is amended by striking out "may be appointed under the Public Service Act" and substituting "may be appointed under Part III of the Public Service of Ontario Act, 2006".

(4) Section 12 of the Act is amended by adding the following clause:

(0.a) prescribing persons or classes of person for the purposes of paragraph 5 of subsection 3 (3);

Ministry of Health Appeal and Review Boards Act, 1998

76. (1) Clause 4 (a) of the Ministry of Health Appeal and Review Boards Act, 1998 is repealed and the following substituted:

(a) is employed under Part III of the Public Service of Ontario Act, 2006;

(a.1) is employed by a Crown agency as defined in the Crown Agency Act;

(2) Section 8 of the Act is repealed and the following substituted:

Ineligibility

8. A person may not be appointed as a member of the Board if the person,

(a) is employed under Part III of the Public Service of Ontario Act, 2006; or

(b) is employed by a Crown agency as defined in the Crown Agency Act.

(3) Section 12 of the Act is repealed and the following substituted:

Employees

12. Such employees as are considered necessary for the proper conduct of the affairs of the Board may be appointed under Part III of the Public Service of Ontario Act, 2006.

Ministry of Labour Act

77. Sections 3 and 4 of the Ministry of Labour Act are repealed and the following substituted:

Deputy Minister

3. (1) The Lieutenant Governor in Council may appoint a Deputy Minister who shall be the deputy head of the Ministry.

Duties

(2) The Deputy Minister shall perform such duties as are assigned to him or her by the Lieutenant Governor in Council or by the Minister.

Employees

4. Such employees as are considered necessary for the proper conduct of the business of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006.

Ministry of Natural Resources Act

78. Subsection 5 (2) of the Ministry of Natural Resources Act is amended by striking out "may be appointed under the Public Service Act" at the end and substituting "may be appointed under Part III of the Public Service of Ontario Act, 2006".

Ministry of Revenue Act

79. Section 6 of the Ministry of Revenue Act is repealed and the following substituted:

Employees

6. Such employees as are considered necessary for the proper conduct of the business of the Ministry shall be appointed under Part III of the Public Service of Ontario Act, 2006.

Ministry of the Attorney General Act

80. Section 4 of the Ministry of the Attorney General Act is amended by striking out "may be appointed under the Public Service Act" and substituting "may be appointed under Part III of the Public Service of Ontario Act, 2006".

Ministry of the Environment Act

81. Subsection 3 (2) of the Ministry of the Environment Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

Ministry of the Solicitor General Act

82. Subsection 3 (2) of the Ministry of the Solicitor General Act is amended by striking out "may be appointed under the Public Service Act" and substituting "may be appointed under Part III of the Public Service of Ontario Act, 2006".

Ministry of Tourism and Recreation Act

83. Subsection 7 (2) of the Ministry of Tourism and Recreation Act is repealed and the following substituted:

Not an employee of the Crown

(2) A person employed under subsection (1) is not and shall not be deemed to be an employee of the Crown.

Ministry of Training, Colleges and Universities Act

84. (1) Subsection 3 (2) of the Ministry of Training, Colleges and Universities Act is amended by striking out "the Public Service Act" and substituting "Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 8.0.1 (2) of the Act is amended by striking out "or a public servant (as defined in section 1 of the Public Service Act)" and substituting "or a public servant employed under Part III of the Public Service of Ontario Act, 2006".

Ministry of Transportation Act

85. Subsection 2 (3) of the Ministry of Transportation Act is amended by striking out "may be appointed under the Public Service Act" and substituting "may be appointed under Part III of the Public Service of Ontario Act, 2006".

Municipal Act, 2001

86. Paragraph 4 of subsection 258 (1) of the Municipal Act, 2001 is repealed and the following substituted:

4. Except in accordance with Part V of the Public Service of Ontario Act, 2006 and any regulations made under that Part, a public servant within the meaning of that Act.

Municipal Property Assessment Corporation Act, 1997

87. Subsection 3 (15) of the Municipal Property Assessment Corporation Act, 1997 is amended by striking out "or a public servant (within the meaning of the Public Service Act)" and substituting "or a public servant employed under Part III of the Public Service of Ontario Act, 2006".

Municipal Water and Sewage Transfer Act, 1997

88. Section 14 of the Municipal Water and Sewage Transfer Act, 1997 is amended by striking out "to any civil servant employed in the Ministry of the Environment" at the end and substituting "to any public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry of the Environment".

Niagara Escarpment Planning and Development Act

89. Subsection 5 (9) of the Niagara Escarpment Planning and Development Act is repealed and the following substituted:

Employees

(9) Such employees as are considered necessary for the proper conduct of the business of the Commission may be appointed under Part III of the Public Service of Ontario Act, 2006.

Northern Ontario Grow Bonds Corporation Act, 2004

90. Section 10 of the Northern Ontario Grow Bonds Corporation Act, 2004 is repealed and the following substituted:

Employees

10. (1) Without limiting the power of the Corporation to hire employees, such employees as are considered necessary for the proper conduct of the business of the Corporation may be appointed under Part III of the Public Service of Ontario Act, 2006.

Agreements to provide services

(2) Any minister of the Crown or chair of a Crown agency may enter into agreements with the Corporation for the provision by employees of the Crown or the Crown agency of any service required by the Corporation.

Notaries Act

91. (1) Subsection 1 (2) of the Notaries Act is amended by striking out "to a person who is a public servant as defined in the Public Service Act" at the end and substituting "to a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 2 (1) of the Act is amended,

(a) by striking out "or by such other person as may be appointed in that behalf under the Public Service Act" and substituting "or by a public servant employed for the purpose under Part III of the Public Service of Ontario Act, 2006"; and

(b) by striking out "such judge, or such other person, that" and substituting "the judge or public servant that".

Nutrient Management Act, 2002

92. (1) Subsection 3 (1) of the Nutrient Management Act, 2002 is repealed and the following substituted:

Directors

(1) Any Minister responsible for the administration of a provision of this Act may in writing appoint as Directors any of the following persons as the Minister considers necessary:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Subject to the approval of the Lieutenant Governor in Council, any other persons or the members of any other classes of persons.

(2) Subsection 4 (1) of the Act is repealed and the following substituted:

Provincial officers

(1) Any Minister responsible for the administration of a provision of this Act may in writing designate as provincial officers any of the following persons as the Minister considers necessary:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Any other persons or the members of any other classes of persons.

(3) Subsection 5 (1) of the Act is repealed and the following substituted:

Analysts

(1) Any Minister responsible for the administration of a provision of this Act may in writing appoint as analysts any of the following persons as the Minister considers necessary:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Any other persons or the members of any other classes of persons.

(4) Subsection 42 (1) of the Act is amended by striking out "any employee or agent of the Ministry, any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

(5) Subsection 42 (2) of the Act is amended by striking out "any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

(6) Subsection 42 (3) of the Act is amended by striking out "any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

(7) Subsection 42 (4) of the Act is amended by striking out "any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

(8) Paragraph 1 of subsection 57 (1) of the Act is amended by striking out "who are not Crown employees within the meaning of the Public Service Act" at the end and substituting "who are not public servants employed under Part III of the Public Service of Ontario Act, 2006".

(9) Subsection 57 (2) of the Act is amended by striking out "employee of the Ministry" at the end of the portion before clause (a) and substituting "employee in the Ministry".

(10) Clause 57 (2) (a) of the Act is amended by striking out "who is not a Crown employee within the meaning of the Public Service Act" at the end and substituting "who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(11) Subsection 57 (3) of the Act is repealed and the following substituted:

Immunity

(3) No action or other proceeding shall be instituted against any of the following persons arising from any inaccuracy contained in a record that is filed in a registry described in clause 6 (2) (n):

1. The Crown.

2. The deputy minister of the Ministry.

3. A public servant employed under Part III of the Public Service of Ontario Act, 2006.

4. A person appointed under clause 6 (2) (h), (i) or (l) who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006.

5. A person or body to whom powers and duties of the Minister are delegated under section 56.

6. An employee of a person or body referred to in paragraph 4 or 5.

(12) Subsection 57 (5) of the Act is repealed and the following substituted:

Protection from personal liability

(5) No action or other proceeding for damages or otherwise shall be instituted against any of the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of such a duty or authority:

1. A member of the Tribunal or of a committee described in clause 6 (2) (z.2).

2. An employee in the Ministry.

3. A Director or provincial officer.

4. A public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a person described in paragraph 1, 2 or 3.

Exception

(5.1) Subsection (5) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for with respect to a person described in subsection (5) in any Act or in a regulation made under this or any other Act.

Occupational Health and Safety Act

93. (1) Section 5 of the Occupational Health and Safety Act is amended by striking out "officer or officers of the Ministry" and substituting "employee in the Ministry".

(2) Subsection 21 (2) of the Act is amended by striking out "an officer in the public service of the Province of Ontario" and substituting "a public servant within the meaning of the Public Service of Ontario Act, 2006".

(3) Subsection 40.1 (1) of the Act is amended by striking out "officer or employee of the Ministry" wherever it appears and substituting in each case "employee in the Ministry".

(4) Subsection 40.1 (2) of the Act is amended by striking out "officer or employee of the Ministry" wherever it appears and substituting in each case "employee in the Ministry".

(5) Subsection 50 (6) of the Act is repealed and the following substituted:

Jurisdiction when complaint by public servant

(6) The Board shall exercise jurisdiction under this section on a complaint by a public servant within the meaning of the Public Service of Ontario Act, 2006 that his or her employer has contravened subsection (1).

(6) Clause 65 (1) (a) of the Act is amended by striking out "an employee of the Ministry" at the beginning and substituting "an employee in the Ministry".

Ombudsman Act

94. (1) Subsection 5 (2) of the Ombudsman Act is repealed and the following substituted:

Not a public servant

(2) The Ombudsman is not a public servant within the meaning of the Public Service of Ontario Act, 2006.

(2) Subsection 8 (2) of the Act is repealed and the following substituted:

Benefits

1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of those credits.

2. Plans for group life insurance, medical-surgical insurance or long-term income protection.

3. The granting of leaves of absence.

Same

(2.1) For the purposes of subsection (2), if a benefit applicable to an employee of the Ombudsman is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Ombudsman or any person authorized in writing by the Ombudsman.

(3) Subsection 19 (3) of the Act is amended by striking out "the Public Service Act" and substituting "the Public Service of Ontario Act, 2006".

Ontarians with Disabilities Act, 2001

95. (1) Subsection 2 (2) of the Ontarians with Disabilities Act, 2001 is repealed and the following substituted:

Interpretation

(2) References in this Act to employees of the Government of Ontario are deemed to be references to public servants employed under Part III of the Public Service of Ontario Act, 2006.

(2) Subsection 20 (1) of the Act is amended by striking out "the Public Service Act" and substituting "Part III of the Public Service of Ontario Act, 2006".

Ontario Agricultural Museum Act

96. (1) Subsection 4 (2) of the Ontario Agricultural Museum Act is amended by striking out "members of the public service of Ontario" at the end and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 4 (4) of the Act is amended by striking out "full-time members of the public service of Ontario" and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006".

(3) Subsection 6 (1) of the Act is repealed and the following substituted:

Chief executive officer and employees

(1) A chief executive officer and such other employees as are considered necessary for the proper conduct of the business of the Museum may be appointed under Part III of the Public Service of Ontario Act, 2006.

Ontario Educational Communications Authority Act

97. (1) Subsection 2 (2) of the Ontario Educational Communications Authority Act is amended by striking out "no members shall be civil servants" at the end and substituting "no members shall be public servants employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 6 (3) of the Act is repealed and the following substituted:

Same

(3) The employees of the Authority are not and shall not be deemed to be employees of the Crown.

Labour Relations Act, 1995

(4) The Labour Relations Act, 1995 applies to the Authority and to its employees.

Ontario Energy Board Act, 1998

98. Subsection 4.16 (1) of the Ontario Energy Board Act, 1998 is repealed.

Ontario Heritage Act

99. Section 3 of the Ontario Heritage Act is repealed and the following substituted:

Employees

3. Such employees as are considered necessary for the administration of this Act may be appointed under Part III of the Public Service of Ontario Act, 2006.

Ontario Housing Corporation Act

100. (1) Subsection 2 (2) of the Ontario Housing Corporation Act is amended by adding "employed under Part III of the Public Service of Ontario Act, 2006" at the end.

(2) Section 5 of the Act is repealed and the following substituted:

Officers and employees

5. Such officers and employees as are considered necessary for the proper conduct of the business of the Corporation may be appointed under Part III of the Public Service of Ontario Act, 2006.

Ontario Infrastructure Projects Corporation Act, 2006

101. Subsection 10 (1) of the Ontario Infrastructure Projects Corporation Act, 2006 is repealed and the following substituted:

Status of employees

(1) Employees of the Corporation are not and shall not be deemed to be employees of the Crown.

Ontario Mineral Exploration Program Act

102. Section 14 of the Ontario Mineral Exploration Program Act is amended by striking out "to an employee of the Ministry or to any other public servant" and substituting "or to a public servant employed under Part III of the Public Service of Ontario Act, 2006".

Ontario Municipal Board Act

103. (1) Subsection 5 (5) of the Ontario Municipal Board Act is repealed.

(2) Subsection 28 (1) of the Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

Ontario Place Corporation Act

104. Subsection 7 (1) of the Ontario Place Corporation Act is repealed and the following substituted:

Officers and employees

(1) Such officers and employees as are considered necessary for the proper conduct of the business of the Corporation may be appointed under Part III of the Public Service of Ontario Act, 2006.

Ontario Water Resources Act

105. (1) Subsection 5 (1) of the Ontario Water Resources Act is amended by striking out "such employees of the Ministry" and substituting "such public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry".

(2) Subsection 5 (3) of the Act is repealed and the following substituted:

Provincial officers and Agency inspectors

(3) The Minister or the Agency may designate in writing one or more of the following persons as provincial officers or inspectors for the purposes of this Act and the regulations:

1. In the case of the Minister, a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry.

2. In the case of the Agency, an employee of the Agency.

(3) Subsection 93 (1) of the Act is repealed and the following substituted:

Protection from personal liability

(1) No action or other proceeding for damages or otherwise shall be instituted against any of the following persons for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of such a duty or authority:

1. A member of the Tribunal.

2. An employee in the Ministry or of the Agency.

3. A public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a person described in paragraph 1 or 2.

Exception

(1.1) Subsection (1) does not apply in the case of an application for judicial review or an action or proceeding that is specifically provided for with respect to a person described in subsection (1) in any Act or in a regulation made under this or any other Act.

(4) Subsection 98 (1) of the Act is amended by striking out "any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

(5) Subsection 98 (2) of the Act is amended by striking out "any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

(6) Subsection 98 (4) of the Act is amended by striking out "any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

Ontario Works Act, 1997

106. Section 63 of the Ontario Works Act, 1997 is repealed and the following substituted:

Employees

63. Such employees as are considered necessary for the proper conduct of the business of the Tribunal may be appointed under Part III of the Public Service of Ontario Act, 2006.

Pay Equity Act

107. (1) Subsection 1.1 (1) of the Pay Equity Act is repealed and the following substituted:

Crown as employer

(1) For the purposes of this Act, the Crown is not the employer of a person unless the person,

(a) is a public servant employed under Part III of the Public Service of Ontario Act, 2006; or

(b) is employed by a body prescribed in the regulations.

(2) Subsection 27 (3) of the Act is amended by striking out "the Public Service Act" and substituting "Part III of the Public Service of Ontario Act, 2006".

(3) Subsection 28 (3) of the Act is amended by striking out "Crown employees" and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006".

(4) Subsection 36 (1) of the Act is amended by adding the following clause:

(c.1) prescribing bodies for the purposes of clause 1.1 (1) (b);

Personal Property Security Act

108. (1) Subsection 42 (2) of the Personal Property Security Act is amended by striking out "public servant designated" and substituting "public servant employed under Part III of the Public Service of Ontario Act, 2006 who is designated".

(2) Subsection 42 (3) of the Act is repealed and the following substituted:

Branch registrars

(3) The registrar shall designate as branch registrars persons who are public servants employed under Part III of the Public Service of Ontario Act, 2006 and the designation may be made by name or by position.

(3) Subsection 42 (7) of the Act is amended by adding "employed under Part III of the Public Service of Ontario Act, 2006" after "one or more public servants".

Pesticides Act

109. (1) Subsection 3 (1) of the Pesticides Act is amended by striking out "such employees of the Ministry" and substituting "such public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry".

(2) Subsection 16 (1) of the Act is repealed and the following substituted:

Protection from personal liability

1. A member of the Tribunal or the Committee.

2. An employee in the Ministry.

3. A provincial officer employed under Part III of the Public Service of Ontario Act, 2006.

4. A public servant employed under Part III of the Public Service of Ontario Act, 2006 who is acting under the direction of a person described in paragraph 1, 2 or 3.

Exception

(3) Subsection 17 (1) of the Act is amended by striking out "one or more officers or employees of the Ministry" and substituting "one or more public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry".

(4) Subsection 17 (4) of the Act is amended by striking out "any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

(5) Subsection 17 (5) of the Act is amended by striking out "any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

(6) Subsection 17 (7) of the Act is amended by striking out "any employee or agent of the Ministry" and substituting "any employee in or agent of the Ministry".

Places to Grow Act, 2005

110. Section 16 of the Places to Grow Act, 2005 is amended by striking out "one or more Crown employees within the meaning of the Public Service Act" at the end and substituting "one or more public servants employed under Part III of the Public Service of Ontario Act, 2006".

Police Services Act

111. (1) Subsection 18 (1) of the Police Services Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 21 (4) of the Act is repealed and the following substituted:

Employees

(4) Such employees as are considered necessary for the proper conduct of the affairs of the Commission may be appointed under Part III of the Public Service of Ontario Act, 2006.

(3) Subsection 50 (6) of the Act is amended by striking out "the Public Service Act" and substituting "the Ontario Provincial Police Collective Bargaining Act, 2006 or under a predecessor of that Act, including Part II of the Public Service Act as it read immediately before its repeal".

(4) Subsection 113 (2) of the Act is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

(5) Subsection 131 (4) of the Act is repealed and the following substituted:

Employees

(4) Such employees as are considered necessary for the proper conduct of the affairs of the Arbitration Commission may be appointed under Part III of the Public Service of Ontario Act, 2006.

Provincial Schools Negotiations Act

112. Subsection 3 (1) of the Provincial Schools Negotiations Act is amended by striking out "none of them is a Crown employee" at the end and substituting "none of them is or shall be deemed to be an employee of the Crown".

Public Inquiries Act

113. Subsection 9.1 (3) of the Public Inquiries Act is amended by striking out "the oath of office of a Crown employee is not breached" and substituting "the oath of office of a public servant within the meaning of the Public Service of Ontario Act, 2006 is not breached".

Public Sector Dispute Resolution Act, 1997

114. Clause 2 (1) (d) of the Public Sector Dispute Resolution Act, 1997 is amended by striking out "section 26 of the Public Service Act" at the end and substituting "Part I of the Ontario Provincial Police Collective Bargaining Act, 2006".

Registry Act

115. (1) Subsection 6 (1) of the Registry Act is amended by striking out "a public servant within the meaning of the Public Service Act" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(2) Section 8 of the Act is repealed and the following substituted:

Representatives of Director

8. The Director may appoint as his or her representatives one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the Director may delegate to a representative such powers and duties under this or any other Act as the Director may specify.

(3) Subsection 9 (1) of the Act is amended by striking out "public servants within the meaning of the Public Service Act" and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006".

(4) Subsection 9 (4) of the Act is repealed and the following substituted:

Representatives

(4) A land registrar for a registry division may appoint as his or her representatives one or more public servants employed under Part III of the Public Service of Ontario Act, 2006, and the land registrar may delegate to a representative such powers and duties under this Act as the registrar may specify.

(5) Clause 13 (1) (c) of the Act is repealed and the following substituted:

(c) a day that is determined by directive of the Management Board of Cabinet under subsection 33 (4) of the Public Service of Ontario Act, 2006 to be a holiday; and

Regulated Health Professions Act, 1991

116. (1) Clause 8 (a) of the Regulated Health Professions Act, 1991 is repealed and the following substituted:

(a) is employed under Part III of the Public Service of Ontario Act, 2006 or by a Crown agency as defined in the Crown Agency Act; or

(2) Subsection 16 (1) of the Act is repealed and the following substituted:

Employees

(1) Such employees as are considered necessary for the proper conduct of the affairs of the Advisory Council may be appointed under Part III of the Public Service of Ontario Act, 2006.

(3) Subsections 24 (2) and (3) of the Act are repealed and the following substituted:

Investigators

(2) The Board may engage persons who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 to carry out investigations under subsection 28 (3) of the Code.

Experts

(3) The Board may engage persons who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 to provide expert or professional advice in connection with a registration hearing, complaint review or registration review.

Regulations Act

117. Clause (e) of the definition of "regulation" in section 1 of the Regulations Act is repealed.

Residential Tenancies Act, 2006

118. (1) Subsection 169 (2) of the Residential Tenancies Act, 2006 is amended by striking out "members of the public service of Ontario" and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 169 (3) of the Act is amended by striking out "appointed or transferred under the Public Service Act" at the end and substituting "employed under Part III of the Public Service of Ontario Act, 2006".

Safe Drinking Water Act, 2002

119. (1) Subsection 3 (2) of the Safe Drinking Water Act, 2002 is amended by striking out "employee of the Ministry" and substituting "employee in the Ministry".

(2) Subsection 6 (2) of the Act is repealed and the following substituted:

Same

(2) In making an appointment under this section, the Minister shall appoint only,

(a) a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Ministry or a member of a class of such public servant; or

(b) any other person or a member of any other class of person, if the appointment is approved by the Lieutenant Governor in Council.

(3) The following provisions of the Act are amended by striking out "employee of the Ministry" wherever it appears and substituting in each case "employee in the Ministry":

1. Subsection 28 (2), in the portion before clause (a).

2. Subsection 70 (2), in the portion before clause (a).

(4) Subsection 81 (8) of the Act is amended by striking out "employee of the Ministry" and substituting "employee in the Ministry".

(5) The following provisions of the Act are amended by striking out "employee of the Ministry" wherever it appears and substituting in each case "employee in the Ministry":

1. Subsection 110 (12), in the portion before clause (a).

2. Subsection 113 (17), in the portion before clause (a).

(6) Paragraph 2 of section 137 of the Act is repealed and the following substituted:

2. An employee in or agent of the Ministry.

(7) Paragraphs 2 and 3 of subsection 158 (1) of the Act are repealed and the following substituted:

2. An employee in the Ministry or of the Agency.

3. A public servant employed under Part III of the Public Service of Ontario Act, 2006 acting under the direction of a person referred to in paragraph 1 or 2.

(8) Subsection 159 (1) of the Act is amended by striking out "employee of the Ministry" and substituting "employee in the Ministry".

Safety and Consumer Statutes Administration Act, 1996

120. (1) Subsections 9 (2) and (3) of the Safety and Consumer Statutes Administration Act, 1996 are repealed and the following substituted:

Not employees of the Crown

(2) Persons whom a designated administrative authority employs or whose services the authority retains under subsection (1) and members, officers, directors and agents of a designated administrative authority are not and shall not be deemed to be employees of the Crown, and they shall not hold themselves out as such.

Loss of status as employee of the Crown

(3) A public servant employed under Part III of the Public Service of Ontario Act, 2006 who accepts employment in or assignment to an administrative authority is deemed not to be an employee of the Crown for the purpose of this section during the period of the employment or assignment, as the case may be.

(2) The English version of subsection 11 (1) of the Act is amended by striking out "a Crown employee" and substituting "an employee of the Crown".

(3) The English version of subsection 11 (2) of the Act is amended by striking out "a Crown employee" and substituting "an employee of the Crown".

Securities Act

121. Subsection 3.6 (5) of the Securities Act is repealed.

Small Business Development Corporations Act

122. Subsection 2 (2) of the Small Business Development Corporations Act is amended by adding "employed under Part III of the Public Service of Ontario Act, 2006" at the end.

Social Contract Act, 1993

123. (1) Subsection 22 (3) of the Social Contract Act, 1993 is amended by striking out "the Public Service Act" and substituting "the Public Service of Ontario Act, 2006".

(2) Subsection 34 (5) of the Act is amended by striking out "the Public Service Act" and substituting "the Public Service of Ontario Act, 2006".

St. Lawrence Parks Commission Act

124. Section 3 of the St. Lawrence Parks Commission Act is repealed and the following substituted:

Employees

3. Such employees as are considered necessary for the proper conduct of the affairs of the Commission may be appointed under Part III of the Public Service of Ontario Act, 2006.

Tenant Protection Act, 1997

125. (1) Subsection 158 (2) of the Tenant Protection Act, 1997 is amended by striking out "who are not members of the public service of Ontario" and substituting "who are not public servants employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 158 (3) of the Act is amended by striking out "appointed or transferred under the Public Service Act" at the end and substituting "employed under Part III of the Public Service of Ontario Act, 2006".

Toronto Area Transit Operating Authority Act

126. Subsection 2 (7) of the Toronto Area Transit Operating Authority Act is amended by striking out "officers in the public service of the Province of Ontario" and substituting "public servants employed under Part III of the Public Service of Ontario Act, 2006".

Treasury Board Act, 1991

127. Subsection 5 (4) of the Treasury Board Act, 1991 is amended by striking out "any person employed in the public service of Ontario" and substituting "any public servant employed under Part III of the Public Service of Ontario Act, 2006".

Victims' Bill of Rights, 1995

128. Subsection 5.1 (6) of the Victims' Bill of Rights, 1995 is repealed and the following substituted:

Employees

(6) Such employees as are considered necessary for the proper conduct of the affairs of the Office may be appointed under Part III of the Public Service of Ontario Act, 2006.

Waste Diversion Act, 2002

129. Paragraphs 9 and 10 of subsection 4 (2) of the Waste Diversion Act, 2002 are repealed and the following substituted:

9. One member who is employed under Part III of the Public Service of Ontario Act, 2006, appointed by the Minister.

10. Two members who are not employed under Part III of the Public Service of Ontario Act, 2006, appointed by the Minister.

Waterfront Regeneration Trust Agency Act, 1992

130. (1) Subsection 8 (1) of the Waterfront Regeneration Trust Agency Act, 1992 is amended by striking out "employed in the public service of Ontario" and substituting "employed under Part III of the Public Service of Ontario Act, 2006".

(2) Subsection 9 (2) of the Act is repealed.

Bill 103 - Independent Police Review Act, 2006

131. (1) This section applies only if Bill 103 (Independent Police Review Act, 2006), introduced on April 19, 2006, receives Royal Assent.

(2) References in this section to provisions of Bill 103 are references to those provisions as they were numbered in the first reading version of the Bill, and if Bill 103 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 103.

(3) On the later of the day this section comes into force and the day section 8 of Bill 103 comes into force, subsection 26.1 (4) of the Polices Services Act, as enacted by section 8 of Bill 103, is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

Bill 107 - Human Rights Code Amendment Act, 2006

132. (1) This section applies only if Bill 107 (Human Rights Code Amendment Act, 2006), introduced on April 26, 2006, receives Royal Assent.

(2) References in this section to provisions of Bill 107 are references to those provisions as they were numbered in the first reading version of the Bill, and if Bill 107 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 107.

(3) If section 5 of Bill 107 comes into force on or before the day subsection 54 (1) of this Schedule comes into force, subsection 54 (1) of this Schedule does not apply.

(4) If section 6 of Bill 107 comes into force on or before the day subsection 54 (2) of this Schedule comes into force, subsection 54 (2) of this Schedule does not apply.

(5) On the later of the day this section comes into force and the day section 5 of Bill 107 comes into force, subsection 27 (7) of the Human Rights Code, as enacted by section 5 of Bill 107, is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

(6) On the later of the day this section comes into force and the day section 6 of Bill 107 comes into force, subsection 32 (5) of the Human Rights Code, as enacted by section 6 of Bill 107, is amended by striking out "the Public Service Act" at the end and substituting "Part III of the Public Service of Ontario Act, 2006".

Bill 124 - Fair Access to Regulated Professions Act, 2006

133. (1) This section applies only if Bill 124 (Fair Access to Regulated Professions Act, 2006), introduced on June 8, 2006, receives Royal Assent.

(2) References in this section to provisions of Bill 124 are references to those provisions as they were numbered in the first reading version of the Bill, and if Bill 124 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 124.

(3) On the later of the day this section comes into force and the day subsection 15 (2) of Bill 124 comes into force, subsection 15 (2) of Bill 124 is repealed and the following substituted:

Not employees of the Crown

(2) The employees of the Fairness Commissioner are not and shall not be deemed to be employees of the Crown.

(4) On the later of the day this section comes into force and the day section 17 of Bill 124 comes into force, section 17 of Bill 124 is repealed and the following substituted:

Employees

17. Such employees as are considered necessary for the efficient operation of the Access Centre may be appointed under Part III of the Public Service of Ontario Act, 2006.

Bill 130 - Municipal Statute Law Amendment Act, 2006

134. (1) This section applies only if Bill 130 (Municipal Statute Law Amendment Act, 2006), introduced on June 15, 2006, receives Royal Assent.

(2) References in this section to provisions of Bill 130 are references to those provisions as they were numbered in the first reading version of the Bill, and if Bill 130 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 130.

(3) On the later of the day this section comes into force and the day section 96 of Schedule A to Bill 130 comes into force, subsection 223.14 (4) of the Municipal Act, 2001, as enacted by section 96 of Schedule A to Bill 130, is amended by striking out "the Public Service Act" and substituting "the Public Service of Ontario Act, 2006".

(4) On the later of the day this section comes into force and the day section 40 of Schedule C to Bill 130 comes into force, clause 14 (2.4) (c) of the Ombudsman Act, as enacted by section 40 of Schedule C to Bill 130, is amended by striking out "the Public Service Act" and substituting "the Public Service of Ontario Act, 2006".

(5) If subsection 1 (4) of Schedule E to Bill 130 comes into force on or before the day subsection 100 (1) of this Schedule comes into force, subsection 100 (1) of this Schedule does not apply.

Bill 151 - Budget Measures Act, 2006 (No. 2)

135. (1) This section applies only if Bill 151 (Budget Measures Act, 2006 (No. 2)), introduced on October 18, 2006, receives Royal Assent.

(2) References in this section to provisions of Bill 151 are references to those provisions as they were numbered in the first reading version of the Bill, and if Bill 151 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 151.

(3) On the later of the day this section comes into force and the day section 39 of Schedule A to Bill 151 comes into force, subsection 50 (1) of the Assessment Act, as enacted by section 39 of Schedule A to Bill 151, is amended by striking out "a public servant within the meaning of the Public Service Act" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

(4) On the later of the day this section comes into force and the day subsection 24 (1) of Schedule Z.2 to Bill 151 comes into force, subsection 24 (1) of Schedule Z.2 to Bill 151 is amended by striking out "a public servant within the meaning of the Public Service Act" and substituting "a public servant employed under Part III of the Public Service of Ontario Act, 2006".

Bill 152 - Ministry of Government Services Consumer Protection and Service Modernization Act, 2006

136. (1) This section applies only if Bill 152 (Ministry of Government Services Consumer Protection and Service Modernization Act, 2006), introduced on October 19, 2006, receives Royal Assent.

(2) References in this section to provisions of Bill 152 are references to those provisions as they were numbered in the first reading version of the Bill, and if Bill 152 is renumbered, the references in this section are deemed to be references to the equivalent renumbered provisions of Bill 152.

(3) If subsection 13 (2) of Schedule E to Bill 152 comes into force on or before the day subsection 108 (2) of this Schedule comes into force, subsection 108 (2) of this Schedule does not apply.

(4) On the later of the day subsection 108 (3) of this Schedule comes into force and the day subsection 13 (3) of Schedule E to Bill 152 comes into force, subsection 42 (7) of the Personal Property Security Act, as amended by subsection 108 (3) of this Schedule and re-enacted by subsection 13 (3) of Schedule E to Bill 152, is repealed and the following substituted:

Delegation

(7) The registrar may designate one or more public servants employed under Part III of the Public Service of Ontario Act, 2006 to act on his or her behalf.

Commencement

137. (1) Subject to subsections (2) and (3), this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

(2) This section comes into force on the day the Public Service of Ontario Statute Law Amendment Act, 2006 receives Royal Assent.

(3) The provision in each line of Column 1 of the Table to this subsection comes into force on the later of the day section 1 of this Schedule comes into force and the day the provision described in the corresponding line of Column 2 of the Table to this subsection comes into force.

TABLE/TABLEAU

	Column 1/Colonne 1	Column 2/Colonne 2
1.	subsection 15 (1) / paragraphe 15 (1)	subsection 172 (4) of the City of Toronto Act, 2006 / paragraphe 172 (4) de la Loi de 2006 sur la cité de Toronto
2.	subsection 15 (2) / paragraphe 15 (2)	paragraph 4 of subsection 203 (1) of the City of Toronto Act, 2006 / disposition 4 du paragraphe 203 (1) de la Loi de 2006 sur la cité de Toronto
3.	subsection 16 (1) / paragraphe 16 (1)	subsection 3 (2) of the Clean Water Act, 2006 / paragraphe 3 (2) de la Loi de 2006 sur l'eau saine
4.	subsection 16 (2) / paragraphe 16 (2)	subsection 52 (2) of the Clean Water Act, 2006 / paragraphe 52 (2) de la Loi de 2006 sur l'eau saine
5.	subsection 16 (3) / paragraphe 16 (3)	subsection 93 (1) of the Clean Water Act, 2006 / paragraphe 93 (1) de la Loi de 2006 sur l'eau saine
6.	subsection 118 (1) / paragraphe 118 (1)	subsection 169 (2) of the Residential Tenancies Act, 2006 / paragraphe 169 (2) de la Loi de 2006 sur la location à usage d'habitation
7.	subsection 118 (2) / paragraphe 118 (2)	subsection 169 (3) of the Residential Tenancies Act, 2006 / paragraphe 169 (3) de la Loi de 2006 sur la location à usage d'habitation
8.	paragraph 1 of subsection 119 (3) / disposition 1 du paragraphe 119 (3)	subsection 28 (2) of the Safe Drinking Water Act, 2002 / paragraphe 28 (2) de la Loi de 2002 sur la salubrité de l'eau potable

SCHEDULE D
AMENDMENTS RELATING TO SUCCESSOR RIGHTS OF CERTAIN PUBLIC SERVANTS

Crown Employees Collective Bargaining Act, 1993

1. Subsection 3 (2) of the Crown Employees Collective Bargaining Act, 1993 is repealed and the following substituted:

Status of employees

(2) A decision made under subsection 1 (4) of the Labour Relations Act, 1995 shall not, directly or indirectly, treat an individual as a Crown employee unless he or she is a Crown employee under this Act.

2. Section 10 of the Act is repealed and the following substituted:

s. 69 (Successor rights)

10. (1) The operation of section 69 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

Application

(2) Section 69 of the Labour Relations Act, 1995 applies with respect to the transfer of an undertaking from one employer to another where the employees of one or both of those employers are Crown employees under this Act.

References modified

(3) Any reference to "sale" or "sells" in section 69 of the Labour Relations Act, 1995 shall be deemed to be a reference to a transfer and any reference to a "business" in that section shall be deemed to be a reference to an undertaking.

Definitions

(4) For the purposes of subsections (2) and (3),

"transfer" means a conveyance, disposition or sale and the verb has a corresponding meaning; ("transfert", "transférer")

"undertaking" means all or part of a business, enterprise, institution, program, project or work. ("activité")

3. Subsection 19 (2) of the Act is amended by striking out "is considered to be a Crown employee under the Public Service Act" at the end and substituting "is a Crown employee under this Act".

Public Sector Labour Relations Transition Act, 1997

4. (1) The definition of "business" in section 2 of the Public Sector Labour Relations Transition Act, 1997 is amended by adding "and an undertaking within the meaning of subsection 10 (4) of the Crown Employees Collective Bargaining Act, 1993" at the end.

(2) The definition of "sells" in section 2 of the Act is amended by adding "including transfers within the meaning of subsection 10 (4) of the Crown Employees Collective Bargaining Act, 1993" after "transfers".

5. (1) Subsection 9 (5) of the Act is amended by adding "Subject to subsection (5.1)" at the beginning.

(2) Section 9 of the Act is amended by adding the following subsection:

Crown not successor employer

(5.1) The Board shall not specify that the Crown is a successor employer.

(3) Subsection 9 (7) of the Act is repealed.

6. Section 11 of the Act is amended by adding the following subsection:

Crown not successor employer

(2) Despite anything in this Act, the Crown shall not be considered a successor employer.

7. (1) Clause 12 (1) (d) of the Act is repealed and the following substituted:

(d) a prescribed person or a member of a prescribed class of persons.

(2) Subsection 12 (3) of the Act is repealed.

8. (1) Section 13 of the Act is amended by adding "Subject to subsection (2)" at the beginning.

(2) Section 13 of the Act is amended by adding the following subsection:

Same

(2) If the Crown would, in the absence of subsection 11 (2), be a successor employer on the occurrence of an event described in subsection (1), the following apply:

1. Nothing in this Act shall be interpreted to prevent the application of section 69 of the Labour Relations Act, 1995 with respect to,

i. the Crown and the event, or

ii. the Crown and the part of the event that pertains to the Crown, if there are other successor employers.

2. If one or more employers other than the Crown are successor employers on the occurrence of the event, section 69 of the Labour Relations Act, 1995 does not apply with respect to those employers and the part of the event that pertains to them.

9. (1) Subsection 14 (2) of the Act is repealed.

(2) Paragraph 1 of subsection 14 (3) of the Act is repealed.

10. (1) Subsection 15 (5) of the Act is repealed.

(2) Clause 15 (7) (a) of the Act is amended by striking out "employed by a predecessor employer that is the Crown or was".

11. Section 19.3 of the Act is amended by striking out "Subsections 14 (2) and (3)" at the beginning and substituting "Subsection 14 (3)".

12. Subsections 23 (4), (6) and (12) of the Act are repealed.

13. Subsection 33 (5) of the Act is repealed.

14. Subsection 34 (3) of the Act is amended by striking out "to (5)" and substituting "and (4)".

15. Subsection 35 (3) of the Act is amended by striking out "to (5)" and substituting "and (4)".

16. Subsection 36 (2) of the Act is amended by striking out "to (5)" and substituting "and (4)".

17. Paragraph 2 of subsection 39 (2) of the Act is repealed.

18. (1) Clause 40 (1) (a) of the Act is repealed.

(2) Subsection 40 (3.1) of the Act is amended by striking out "prescribe a health services integration as an event to which this Act applies in accordance with section 10" and by adding the following clauses:

(a) prescribe a health services integration as an event to which this Act applies in accordance with section 10;

(b) prescribe the Crown for the purposes of clause 12 (1) (d).

Greater Toronto Transportation Authority Act, 2006

19. Subsection 44 (2) of the Greater Toronto Transportation Authority Act, 2006 is amended by striking out "despite section 10 of the Crown Employees Collective Bargaining Act, 1993" at the end.

Commencement

20. This Schedule comes into force on the day the Public Service of Ontario Statute Law Amendment Act, 2006 receives Royal Assent.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 158 and does not form part of the law. Bill 158 has been enacted as Chapter 35 of the Statutes of Ontario, 2006.

The Bill revises legislation relating to the public service of Ontario. The Bill contains four Schedules. The current Public Service Act is repealed in Schedule C and is replaced by the Public Service of Ontario Act, 2006, set out in Schedule A, and the Ontario Provincial Police Collective Bargaining Act, 2006, set out in Schedule B. Schedule C makes amendments complementary to Schedules A and B. Schedule D amends various Acts with respect to successor rights of certain public servants.

SCHEDULE A
PUBLIC SERVICE OF ONTARIO ACT, 2006

The Public Service of Ontario Act, 2006 replaces the current Public Service Act, with the exception of Part II of that Act, which is replaced by Schedule B. The Public Service of Ontario Act, 2006 has seven Parts.

Part I - General (sections 1 to 8)

Section 1 states the purposes of the Act. Sections 2 to 4 are interpretive and application provisions. The "public service of Ontario" is defined as ministries, including ministers' offices, and public bodies. "Public servant" and "public body" are also defined terms. Some provisions of the Act apply to former public servants. Section 3 provides that, except where otherwise provided, a former public servant is a person who ceased to be a public servant on or after the day section 3 comes into force.

Sections 5 to 7 deal with oaths and affirmations by public servants.

Section 8 provides regulation-making authority related to Part I.

Part II - Roles and Responsibilities in the Administration of the Public Service of Ontario (sections 9 to 31)

The Civil Service Commission is continued as the Public Service Commission: see sections 9 to 13.

Sections 14 to 20 provide for the appointment of the Conflict of Interest Commissioner and the functioning of the Commissioner's office.

The Public Service Grievance Board is continued and sections 21 to 27 address such matters as the Board's composition, functions and procedures.

Sections 28, 29 and 30 deal with the roles of the Secretary of the Cabinet, deputy ministers and acting deputy ministers.

Section 31 provides regulation-making authority related to Part II.

Part III - Employment by the Crown (sections 32 to 55)

Section 32 provides for appointment of persons by the Public Service Commission to employment by the Crown, to work in ministries, other than in a minister's office, or certain public bodies.

Section 33 authorizes the Management Board of Cabinet to issue directives respecting the terms and conditions of employment of public servants appointed under section 32.

Sections 34 to 42 provide the Public Service Commission with authority over such matters as discipline, dismissal and resignation in relation to public servants appointed by it.

Subsections 43 (1) and (2) authorize the Public Service Commission to issue directives for the effective management and administration of human resources for the public servants appointed by it, including directives to ensure that recruitment and appointment of the public servants is non-partisan. Subsections 43 (3) and (4) deal with potential conflict between directives of the Management Board of Cabinet and the Public Service Commission.

Sections 44 and 45 provide for delegation and subdelegation of certain powers of the Public Service Commission and the Management Board of Cabinet.

Sections 46 to 51 deal with employment of public servants in a minister's office, providing for matters such as terms and conditions of employment, dismissal and resignation.

Sections 52 and 53 deal with who is an employee of the Crown.

Section 55 provides regulation-making authority related to Part III.

Part IV - Ethical Conduct (sections 56 to 71)

Sections 57 to 61 provide for conflict of interest rules for most public servants and former public servants. The ethics executive for these public servants and former public servants is determined under sections 62 and 63. The role of an ethics executive with respect to these public servants and former public servants is set out in sections 64 and 65.

Sections 66 to 69 provide for conflict of interest rules for public servants and former public servants who work or who, immediately before ceasing to be a public servant, worked in a minister's office. Ministers are required to promote ethical conduct by public servants who work in their offices and ensure that they are familiar with the conflict of interest rules that apply to them. The ethics executive for a public servant or former public servant who works or worked in a minister's office is the Integrity Commissioner. His or her role with respect to conflict of interest rules for these individuals is set out in section 69.

Section 70 provides for discipline where a public servant contravenes an applicable conflict of interest rule or a direction of his or her ethics executive.

Section 71 provides regulation-making authority related to Part IV.

Part V - Political Activity (sections 72 to 107)

Section 72 states when, for the purposes of the Part, a public servant engages in political activity. The ethics executive for a public servant for the purposes of the Part is set out in section 73.

Sections 74 to 84 deal with political activity rights of most public servants, which is to say all public servants who are not specially restricted public servants within the meaning of subsection 85 (2) or public servants who work in a minister's office. Most public servants may engage in political activity subject to restrictions set out in the Part. As well, they may decline to engage in political activity. The restrictions for most public servants are set out in section 77 (prohibited political activities) and section 79 (restricted political activities). Prohibited activities include, for example, engaging in political activity in the workplace and using government premises, equipment or supplies when engaging in political activities. Restricted political activities are not permitted unless the public servant has been granted an unpaid leave of absence or where his or her ethics executive has determined that a leave is not necessary in the circumstances. Restricted political activities include, for example, being or seeking to become a candidate in a provincial or federal election. Sections 80 to 83 deal with applications to an ethics executive for permission to engage in restricted political activity and for leaves of absence for the purpose of engaging in such activities. Section 84 sets out the role of the ethics executive with respect to political activity for most public servants.

Sections 85 to 93 deal with political activity rights of specially restricted public servants, within the meaning of subsection 85 (2). A specially restricted public servant may not engage in political activity except as permitted in the Part. As well, they may decline to engage in political activity. Prohibited political activities for specially restricted public servants are set out in section 88. Permitted political activities for specially restricted public servants are set out in sections 89 and 90. The activities specified in section 89 are permitted without authorization and include, for example, voting in an election or attending an all-candidates meeting. The activities specified in section 90 are permitted only if authorized and are: being or seeking to become a candidate in a municipal election and campaigning on behalf of a candidate in a municipal election. Specially restricted public servants who are part-time government appointees have some limited additional rights to seek authorization, under section 92, to engage in political activities not otherwise permitted. Section 93 sets out the role of the ethics executive with respect to political activity for specially restricted public servants.

Sections 94 to 98 deal with political activity rights of public servants who work in a minister's office. Public servants who work in a minister's office are entitled to engage in political activity subject to the prohibitions set out in the Part. Those prohibitions are set out in section 97. As well, they may decline to engage in political activity, unless the activity is related to the minister's functions. Section 98 sets out the role of the ethics executive with respect to public servants who work in a minister's office.

Section 99 provides that a public servant who engages in political activity in contravention of the Part or a direction or regulation under it is subject to disciplinary measures.

Sections 100 to 102 deal with the effect of election to political office on a public servant's employment by the Crown or a public body or appointment to a public body.

Section 103 prohibits reprisals against a public servant for engaging in political activity in accordance with the Part or for exercising a right under the Part to decline to engage in political activity. Sections 104 to 106 provide for complaints by certain public servants about reprisals.

Section 107 provides regulation-making authority related to Part V.

Part VI - Disclosing and Investigating Wrongdoing (sections 108 to 150)

Section 108 defines "wrongdoing" for the purposes of the Part. Some provisions of this Part apply to former public servants, defined in section 109. This definition of former public servant includes certain individuals who ceased to be public servants before the day section 109 comes into force.

Section 110 provides that the Part applies to wrongdoing associated with the public service of Ontario.

Sections 111 to 121 provide for procedures for disclosing wrongdoing. Sections 122 to 127 provide for investigation of a disclosure of wrongdoing by the Integrity Commissioner, in specified circumstances. Section 128 sets out protections for persons providing evidence in an investigation.

Section 129 requires the Integrity Commissioner to make a report on concluding an investigation. The report is made to a specified person within the public service of Ontario, with a copy to a minister where the disclosure alleged wrongdoing in the ministry of the minister or in a public body for which the minister is responsible.

Where the Integrity Commissioner has made a report under section 129 and is of the opinion that a public report is in the public interest, the Commissioner must make a public report respecting the disclosure. Sections 130 to 132 deal with this public report. As well, section 133 requires that the annual report of the Integrity Commissioner, required by section 24 of the Members' Integrity Act, 1994, include information respecting activities under the Part during the year.

Sections 134 to 138 require the Integrity Commissioner to inform the person who made the disclosure of the outcome when the process resulting from disclosure is concluded.

Section 139 prohibits reprisals against a public servant for being involved in a disclosure of wrongdoing or in a process related to such a disclosure. Sections 140 to 142 provide for complaints by certain public servants about reprisals.

Sections 143 to 145 deal with penalties, prohibitions and offences relating to the disclosure or investigation of wrongdoing.

Section 146 allows the Integrity Commissioner to obtain the assistance of a person with specialized knowledge in exercising his functions. Section 147 permits the Integrity Commissioner to arrange and pay for legal services to a person involved in an investigation, subject to the regulations under section 150. Section 148 provides that disclosure under the Part does not waive any privilege that may exist with respect to anything disclosed.

Section 149 requires a review of and report on the administration and operation of the Part, five years after section 149 comes into force.

Section 150 provides regulation-making authority related to Part VI.

Part VII - Miscellaneous (sections 151 to 159)

Section 151 provides that the Statutory Powers Procedure Act does not apply to proceedings under the Act, except as provided in section 23. Section 152 provides that, in the event of a conflict between a collective agreement and a regulation or directive under the Act, the collective agreement prevails. Section 153 requires the minister responsible for administering the Act to implement collective agreements made in accordance with the procedures applicable to public servants employed under Part III.

Section 154 provides a general regulation-making authority. Section 155 deals with transitional matters.

Sections 156 to 159 provide for amendments, commencement and short title.

SCHEDULE B
ONTARIO PROVINCIAL POLICE COLLECTIVE BARGAINING ACT, 2006

The Schedule re-enacts the provisions of Part II of the Public Service Act as a new Act. The re-enactment of Part II of the Public Service Act as a new Act is consequential to the repeal of the Public Service Act by Schedule C and to the enactment of the Public Service of Ontario Act, 2006 by Schedule A.

Part II of the Public Service Act relates to,

(a) collective bargaining respecting the Ontario Provincial Police Association and the employees who it represents; and

(b) the process that permits the Ontario Provincial Police Association, which acts as the bargaining agent for collective bargaining purposes for police officers in the Ontario Provincial Police, to become certified as the exclusive bargaining agent for civilian employees working within the Ontario Provincial Police or as instructors at the Ontario Police College.

The substance of the re-enacted provisions remains unchanged, with two exceptions:

1. Section 10 of the new Act provides that the Minister of Government Services or such other minister as may be designated for the purpose shall implement collective agreements and awards made in accordance with the collective bargaining procedures applicable to certain public servants employed under Part III of the Public Service of Ontario Act, 2006 to whom the new Act relates, approved decisions of the Ontario Provincial Police Negotiating Committee that is continued under the new Act, and decisions under the new Act of an arbitration board. Currently, under section 28 of the Public Service Act, it is the Lieutenant Governor in Council who implements such agreements, awards and decisions.

2. Section 11 of the new Act gives the Lieutenant Governor in Council the power to make regulations prescribing rules of procedure for proceedings before the Negotiating Committee. Currently, under clause 29 (1) (t) of the Public Service Act, the Civil Service Commission may, subject to the approval of the Lieutenant Governor in Council, make such regulations.

Such changes as are necessary and advisable to permit the provisions to be re-enacted as a new Act are also made.

SCHEDULE C
REPEAL AND AMENDMENTS COMPLEMENTARY TO SCHEDULES A AND B

The Schedule repeals the Public Service Act. The Schedule also makes various amendments to other Acts that are complementary to the enactment of the Public Service of Ontario Act, 2006 by Schedule A and the enactment of the Ontario Provincial Police Collective Bargaining Act, 2006 by Schedule B. These amendments,

(a) replace references to the Public Service Act with references to the relevant portion of the Public Service of Ontario Act, 2006 or, where appropriate, the Ontario Provincial Police Collective Bargaining Act, 2006;

(b) replace references to public servants, civil servants, Crown employees and other related terms with references to their appropriate counterparts under the Public Service of Ontario Act, 2006; and

SCHEDULE D
AMENDMENTS RELATING TO SUCCESSOR RIGHTS OF CERTAIN PUBLIC SERVANTS

Schedule D makes amendments relating to successor rights of certain public servants to various Acts, including the following:

1. Existing section 10 of the Crown Employees Collective Bargaining Act, 1993 specifies that section 69 of the Labour Relations Act, 1995, which sets out successor rights on the sale of a business, does not form part of the Crown Employees Collective Bargaining Act, 1993. Section 10 is repealed and replaced with a provision that specifies that section 69 applies to the transfer of an undertaking if the transfer involves Crown employees.

2. Various provisions of the Public Sector Labour Relations Transition Act, 1997 that treat Crown employees differently than other employees for certain purposes are amended or repealed to remove that distinction. The Act is also amended to clarify that the Crown shall not be considered a successor employer under the Act, but that nothing in the Act shall be interpreted to prevent the application of section 69 of the Labour Relations Act, 1995 with respect to the Crown.

3. Consequential amendments are made to the Public Sector Labour Relations Transition Act, 1997 and the Greater Toronto Transportation Authority Act, 2006.

[38] Bill 158 Original (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 successor
rights of certain public servants