Case Summaries 2020-2021

Alleged Use of employment for self-benefit (Referral)

A discloser alleged that a ministry employee breached the Conflict of Interest Rules by using his position as a public servant to receive benefits from a government vendor. The discloser also alleged that the employee’s supervisor failed to act when the employee’s conduct was brought to her attention. The Commissioner asked the deputy minister to investigate the disclosure of wrongdoing. The deputy minister advised that the ministry received an internal complaint about the employee and had already investigated the matter. The internal investigation substantiated the allegation about the employee and led to disciplinary action. The allegation about the supervisor was unfounded because appropriate action was taken when the supervisor learned of the employee’s conduct. The Commissioner was satisfied that the investigation substantiated the allegation of wrongdoing and that sufficient steps were taken by the ministry to address the wrongdoing.

Alleged misuse of administrative responsibilities for self-benefit (Investigation)

A discloser alleged that a ministry employee breached several Conflict of Interest Rules. The discloser also alleged that the employee’s supervisor failed to act when the employee’s conduct was brought to her attention. The Commissioner referred the matter to the deputy minister who found that the ministry employee had not breached the Rules. It was also determined that no findings could be made regarding the employee’s supervisor, who was on a leave of absence from the workplace. The Commissioner was not satisfied with the conclusions reached by the deputy minister but chose not to commence his own investigation into the matter. Rather, a number of recommendations were made to, and accepted by, the deputy minister with respect to conflict of interest training, as well as steps to address the supervisor’s alleged failure to act, should that supervisor return to the public service.

Alleged mismanagement of public servant responsibilities (Referral)

A discloser alleged that a ministry employee engaged in gross mismanagement by requiring employees without the requisite level of expertise to complete the work of an individual who was a member of a regulated profession. The Commissioner referred the matter to the deputy minister who found that the allegation was unsubstantiated because the regulatory body for the profession did not require the work in question to be performed by a regulated professional. Further, the investigation found the ministry did have regulated professionals in place to deal with complex matters requiring additional oversight. The Commissioner was satisfied with the conclusion reached by the deputy minister and chose not to commence his own investigation into the matter.

Alleged misuse of ministry vehicle fuel card for self-benefit (Referral)

A discloser alleged that a ministry employee breached the Conflict of Interest Rules by using a personal loyalty points card whenever they used a ministry vehicle fleet fuel card. It was alleged that this produced a personal benefit and was contrary to the Ontario Public Service Fleet Driver Manual. The discloser also alleged that two ministry managers were aware of the wrongdoing but failed to act. The Commissioner referred the matter to the deputy minister, who found that the allegation against the ministry employee was substantiated. However, the deputy minister found that the allegation against the two managers was unsubstantiated. The Commissioner was satisfied with the investigation and closed the file.

Alleged mismanagement of security resulting in grave danger (referral)

It was alleged that a public servant engaged in gross mismanagement and created a grave danger to an individual in the handling of a security matter. The Commissioner referred the matter for investigation to the deputy minister. The Commissioner agreed that the investigation could be put on hold to allow for the completion of an external process relating to the events that gave rise to the disclosure. Based on information received following the completion of that process, the Commissioner found that the subject matter of the disclosure was an employment or labour relations matter that could be dealt with through a dispute resolution mechanism and that there were further valid reasons for not proceeding. The Commissioner closed the file.

Alleged use of employment to benefit a family member (Referral)

A discloser alleged that a ministry employee broke several Conflict of Interest Rules because she used her public service role to benefit her spouse’s business. The deputy minister investigated and found that the employee did not break the Rules because she was not involved in her spouse’s business as part of her public service role and did not provide any preferential treatment to her spouse or the business. The Commissioner determined that the ministry’s investigative process could be improved. However, he found that no further investigation was necessary because the issues raised by the discloser were ultimately addressed. The Commissioner made recommendations for dealing with conflict of interest matters and for providing training to investigators. The deputy minister accepted the recommendations, and the Commissioner closed the file.

Alleged failure to comply with lobbying condition (Investigation)

A discloser alleged that a senior public servant engaged in gross mismanagement by directing staff not to act on certain information suggesting that a transfer payment recipient was not complying with a restriction on the use of government funds for lobbying activity. The Commissioner investigated and determined that there was no evidence to suggest that the transfer payment recipient failed to comply with the lobbying condition. He found that the public servant had not engaged in gross mismanagement. The investigation showed that the public servant took appropriate actions when they were made aware of the potential compliance issue, including obtaining legal advice and advising the transfer payment recipient to do the same with respect to the lobbying condition. The Commissioner was satisfied that there was no wrongdoing and closed the file.

Alleged wrongdoing in short-term recruitment process (Referral)

A discloser alleged that two senior public servants working at a public body permitted and directed the misuse of the short-term hiring process designed to fill positions on a short-term basis and hired people outside the usual recruitment process. The Commissioner referred the matter for investigation to the appropriate Ethics Executive, who found that the allegations were not substantiated. The Commissioner had concerns about the initial scope of the investigation and asked for more information. The Ethics Executive provided the additional information and, upon review, the Commissioner was satisfied with the investigation on the actions of the two public servants. The Commissioner recommended that the Ethics Executive review the use of the shortterm hiring process at the public body. The Ethics Executive accepted the recommendation, and the Commissioner closed the file.

Alleged breach of Ontario Public Service social media guidelines (Referral)

A discloser alleged that a ministry employee, who was subject to the rules for specially restricted public servants, breached section 86 of the Act by posting partisan comments about the 2019 federal election on social media. The Commissioner referred the matter to the appropriate Ethics Executive, who found that the allegation was substantiated and indicated that corrective action would be taken. The Commissioner was satisfied with the investigation and closed the file.