Ministers' Staff FAQs

The Integrity Commissioner is the Ethics Executive for Ministers’ staff. The Integrity Commissioner’s role is to promote ethical conduct by answering questions about the application of Conflict of Interest Rules that apply to Ministers’ Staff, determine whether a conflict of interest exists and provide direction where there is a conflict of interest or potential conflict of interest.

A situation where a public servant has competing professional and personal obligations, or personal or financial interests that would make it difficult to fulfill his/her public servica responsibilities fairly.

A conflict of interest can arise in these areas:

- part-time employment outside of government
- personal activities, i.e. voluntary position on a board
- financial holdings
- employment of family members
- disclosing/using confidential information
- seeking/giving preferential treatment
- participating in political activity
- accepting gifts/benefits

Read Part IV – Ethical Conduct of the Public Service of Ontario Act, 2006 (sections 66 to 69), and O. Reg. 382/07, Conflict of Interest Rules for Public Servants (Ministers’ Offices) and Former Public Servants (Ministers’ Offices) (the “Conflict of Interest Rules”) and consider how these provisions apply to you.

 You are required to notify the Integrity Commissioner (section 69 of the Act) at the Office of the Integrity Commissioner (416-314-8983).

 You are encouraged to inform your chief of staff and minister.

 Follow the direction provided by the Integrity Commissioner.

 The Integrity Commissioner is required to notify the minister if you have a conflict of interest or a potential conflict of interest or if you are provided directions to address the conflict of interest or potential conflict of interest.

Review the Conflict of Interest Rules and Part IV – Ethical Conduct of the Act (sections 66 to 69), and contact the Office of the Integrity Commissioner and make an appointment to discuss your situation.

You may also wish to inform your chief of staff and minister of your situation, but you are not required to discuss the matter with them.

Follow the direction provided by the Integrity Commissioner.
 

Review the Conflict of Interest Rules and also  Part IV – Ethical Conduct of the Act (sections 66 to 69), and consider how it may apply to you.

Contact the Office of the Integrity Commissioner and make an appointment to discuss your situation.

Follow the direction provided by the Integrity Commissioner.

Failure to notify or comply with the direction of the Integrity Commissioner can result in disciplinary measures taken against the employee including suspension and dismissal pursuant to section 70 of the Act.

Under the Act, public servants who work for a Minister would be permitted to:

•             engage in political activity outside of the workplace, provided that it does not interfere with their ability to fulfill the duties of their position or does not conflict with the interests of the Crown;

•             engage in political activity in the workplace as long as it relates to the performance of a minister’s powers, duties or function.

Under the Act, public servants who work for a Minister would be prohibited from:

•             engaging in political activity in the workplace that is unrelated to the performance of a minister’s powers, duties or functions;

•             using government offices, equipment and supplies when engaging in political activity that is unrelated to the performance of a minister’s powers, duties or function; or

•             engaging in political activity that could conflict with the interests of the Crown.
 

Examples of political activity include the following:

•             participating in an activity that supports or opposes a federal or provincial political party;

•             participating in activity that supports or opposes a candidate in a federal, provincial or municipal election;

•             seeking nomination or running as a candidate in a federal, provincial or municipal election;

•             commenting publicly and outside the scope of duties on matters directly related to those duties and that are dealt with in the policies/position of a political party or election candidate.

Read the Act (in particular, sections: 72, 73, 94-98) and consider how these provisions apply to you.

You are encouraged to inform your chief of staff and minister, but you must notify the Integrity Commissioner.

Follow the direction provided by the Integrity Commissioner.
 

Violations of the political activity rules are subject to disciplinary penalties up to and including dismissal.

Read the Conflict of Interest Rules and the Act and consider how they apply to you and your staff.

Ensure all your staff are familiar with the legislation and regulations and how they apply to them. At the earliest opportunity ensure that new staff receive an orientation on the conflict of interest and post-service rules and understand how they apply to them.

In assigning work to staff, take into consideration the potential for conflict of interest and allocate work accordingly.

Instruct the staff member to notify the Integrity Commissioner indicating that the notification may be done confidentially.

The Commissioner is required to notify the minister if the public servant has a conflict of interest or potential conflict of interest; or if the Commissioner gives direction for purposes of addressing the conflict of interest or potential conflict of interest.

Approach the person and advise them of your concern.

Advise them to immediately contact the Integrity Commissioner to seek advice on the situation.

Confirm with the person that they have sought advice from the Commissioner and whether there are any accommodations in work assignments that are necessary to resolve a conflict situation.

Consider your right to make an enquiry of the Integrity Commissioner under section 69(2) of the Act.

Instruct the staff member to arrange an appointment with the Integrity Commissioner to seek advice regarding post-service employment obligations provided for in the Conflict of Interest Rules and the application of the post-service restriction to the particular set of circumstances.