• You have a question or you require additional information about the role of the Integrity Commissioner under the Disclosure of Wrongdoing provisions of the Public Service of Ontario Act, 2006 (“PSOA”).

• You are a Public Servant and you require confidential information and guidance about disclosing a wrongdoing.

• You are a Public Servant who works in a Minister’s Office and you have knowledge of a potential wrongdoing that you would like to disclose.

• You are a Public Servant who has knowledge of a potential wrongdoing that you would like to disclose and you believe that it is inappropriate to disclose the wrongdoing to your Ethics Executive.

• You are a Public Servant who made a disclosure to your Ethics Executive and have concerns that the disclosure is not being dealt with appropriately.

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.

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.

• 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.

• the matter is being dealt with by another person/body as a law enforcement matter or in accordance with a procedure under this or any other legislation,

• it is an employment or labour relations matter that could be dealt with through a dispute resolution mechanism (eg. a grievance procedure),

• it is a matter that could be dealt with under the Police Services Act,

• it is the subject of a decision or deliberations by a court or tribunal,

• it is related to the prosecution of an offence,

• it is not sufficiently important or is frivolous, vexatious or made in bad faith,

• there has been a substantial delay between the disclosure and the incidents such that proceeding with the disclosure would serve no useful purpose,

• it relates to a public policy decision,

• there is a valid reason for not proceeding with the disclosure.

• 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.

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.

All Public Servants (unionized and non-unionized) are entitled to protection. Public Servants can file reprisal complaints pursuant to the grievance process in their collective agreement (if applicable), with the Ontario Labour Relations Board and with the Public Service Grievance Board. Each of these bodies has the power to make orders ranging from directions to reinstatement if there is a finding of a reprisal.

Any Public Servant found responsible for the reprisal is subject to disciplinary measures, including suspension or dismissal.