Conflict of Interest Rules

All Ontario public servants have conflict of interest rules they must follow. The Conflict of Interest Rules for ministers’ staff are found in Ontario Regulation 382/07 under the Public Service of Ontario Act, 2006.

Summary of the Rules

This summary of the Conflict of Interest Rules is provided for information only. For the authoritative text, refer to the Act and regulation.

1. Benefiting self, spouse or children – Ministers’ staff should not use their position to benefit themselves or their spouse or children.
2. Disclosing confidential information – Ministers’ staff should not disclose or use any confidential information without authorization.
3. Accepting gifts – Ministers’ staff should not accept gifts from anyone who (1) receives services from, (2) does business with, or (3) wants to do business with the Ontario government. It may be permissible to accept a gift of nominal value that is given as an expression of courtesy or hospitality; however, when offered a gift the best course of action is to obtain direction from the Integrity Commissioner. More information is available in the Guidance on the Gift Rule.
4. Outside activity – Ministers’ staff should not engage in activities (including business, employment or volunteer) outside their public servant roles if doing so would influence or conflict with their duties as public servants.
5. Preferential treatment – Ministers’ staff should not give preferential treatment to anyone in the course of their work. They should also take steps to avoid creating the appearance that such treatment is being given.
6. Hiring or supervising family members – Ministers’ staff should not hire, supervise or enter into contracts with their spouse, children, parents or siblings.
7. Participating in decisions – Ministers’ staff should disclose to the Commissioner if they could benefit from a decision. If a minister’s staff has a conflict of interest, they may not be permitted to participate in the decision-making process, including providing advice on the matter.
8. Declaration of financial interests – Some ministers’ staff may have to disclose their financial interests to the Commissioner and may be prohibited from acquiring financial interests related to their duties as public servants.

Post-Employment Rules

When leaving a position in a minister’s office, the following rules apply:

1. Seeking preferential treatment — Former ministers’ staff must not seek preferential treatment from or privileged access to any current public servants.
2. Disclosing confidential information — Former ministers’ staff are not allowed to disclose confidential information without authorization or to use confidential information for personal benefit.
3. Switching sides — Former ministers’ staff who advised the Crown on a proceeding, negotiation or other transaction cannot provide advice or otherwise assist other entities or individuals on that matter until the Crown ceases to be involved in it.
4. Lobbying restrictions — Former ministers’ staff are restricted from lobbying their former minister and any public servants at the minister’s office and the ministry in which they worked. This restriction is in place for 12 months after they cease to be public servants.
5. Employment restrictions – Former ministers’ staff may have a 12-month restriction from accepting employment from an entity or person with whom they had substantial involvement and held confidential information that, if disclosed to the entity or person, could harm the Crown or give unfair advantage.

The Post-employment resource has more information about the rules for former ministers’ staff.