Disclosure of Wrongdoing FAQs

The Integrity Commissioner is an Officer of the Legislative Assembly that operates independent of government. This independence is important in the disclosure of wrongdoing framework because it provides public servants with the ability to make a disclosure to an independent officer if they do not believe it is appropriate to make an internal disclosure first. In addition, the Integrity Commissioner is the ethics executive for public servants who work in Ministers’ Offices.

A public servant is an employee or former employee of a ministry or a minister’s office, the Secretary of Cabinet, every deputy minister and all employees or appointees of public bodies.

All agencies, boards and commissions for which ministers are responsible. All public bodies are listed in Ont. Regulation 146/10 to the PSOA.

An Ethics Executive is an individual designated under section 62 of the PSOA. Each ministry and public body has its own Ethics Executive. To give you an example, if you work in a ministry, the deputy minister is your Ethics Executive.

If you are a public servant and you are not sure who your Ethics Executive is, you can contact the Office of the Integrity Commissioner confidentially to assist you with finding this information.
 
Ethics Executives are responsible for:

• promoting ethical conduct by current and former public servants,
• answering questions about the application of conflict of interest rules,
• determining whether an in-service conflict of interest exists,
• providing direction where there is a conflict of interest or potential conflict of interest, • receiving disclosures of wrongdoing from public servants within the applicable public body or ministry,
• accepting referrals of investigations from the Integrity Commissioner,
• completing investigations and all necessary reporting pursuant to a referral from the Integrity Commissioner.

The legislation defines wrongdoing as:

• contravention by a public servant, minister or parliamentary assistant of legislation (federal or provincial);
• an act or omission by a public servant, minister or parliamentary assistant that creates a grave danger to life, health, safety or the environment;
• gross mismanagement by a public servant, a minister or parliamentary assistant in the work of the public service of Ontario; and
• directing or counselling a person to commit a wrongdoing that falls into these categories.

A reprisal is any measure taken against a public servant that adversely affects his or her employment or appointment which includes (but not limited to) ending, or threatening to end employment, discipline, threat of discipline or penalty, coercion or intimidation.

All public servants.

The PSOA sets out three types of information that cannot be divulged (s. 113), either in a disclosure or in any process addressing the disclosure. These are:

• information that is subject to solicitor-client privilege;
• information that would reveal the deliberations of Cabinet (Cabinet privilege); or
• anything that is prepared by or for counsel for a ministry for use in giving legal advice or in regards to litigation.

In some circumstances the Integrity Commissioner can help. The Integrity Commissioner has authority to “arrange and pay” for the provision of legal services. The authority and maximum amount is set out in O. Reg. 385/07. The Integrity Commissioner must have a role in arranging for the legal services, so it is important that public servants contact this Office as soon as possible before contacting counsel.

Yes. The Integrity Commissioner will inform the discloser whether the disclosure was

• not accepted,
• accepted but no investigation, or
• investigation concluded.

The Integrity Commissioner may also provide such information on the investigation and findings considered appropriate in the circumstances.

The Integrity Commissioner reports on an annual basis to the Legislature, the number, nature and resolution of disclosures of wrongdoing received. All investigation reports completed by the Integrity Commissioner are provided to the Minister responsible for the Ministry or public body. In addition, the Integrity Commissioner has the discretion to issue a report publicly if it is determined that it would be in the public interest.

If the matter is urgent and if there is imminent danger to life, health or safety, immediately contact the nearest emergency services, e.g., Police Services, Fire Services or Emergency Medical Services.

The term "public servant" is defined in the Public Service of Ontario Act, 2006 and includes:

• Employees of a ministry;
• Employees of or appointees to a public body listed in O. Reg. 146/10;
• Staff in a Minister's office; and
• Deputy Ministers and Secretary of Cabinet

A public body is an organization listed in O.Reg. 146/10 under the Public Service of Ontario Act, 2006.

Wrongdoing has a special meaning in the Public Service of Ontario Act, 2006. Wrongdoing refers to specific conduct of a public servant, minister or parliamentary assistant that is in one of the following four categories:

• contravention of a law;
• acts of omissions that create a grave danger to the life, health or safety of people or to the environment;
• gross mismanagement in the work of the public service of Ontario; or
• directing or counseling one of the above

An Ethics Executive is an individual designated under section 62 of the Public Service of Ontario Act, 2006 and has responsibilities for promoting ethical conduct within their ministry or public body. The ethics executive for public servants who work in a ministry, is the deputy minister. The ethics executive for public servants who work in a public body, is either the Chair or individual designated in O.Reg 147/10. If you need help identifying your ethics executive, you may contact the Office.