PSERA FAQs

• Who is covered by the Act?

  The Integrity Commissioner has discretion to review the expenses of any classified public body listed in the Public Service of Ontario Act, 2016, O. Reg. 146/10 as well as the Independent System Electricity Operator and Ontario Power Generation.
  
  Selected public agencies, boards and commissions are required to have the expenses of a certain number of their employees and appointees (defined as ‘designated persons’ in the Act) reviewed by the Integrity Commissioner. Designated persons are the CEO and senior management team of the entity, the appointed members of the entity’s board, as well as the top five expense claimants. The top five expense claimants are determined on a semi-annual basis and their expenses are reviewed once every six months. The public entities, as well as who is considered a designated person is determined by the Government of Ontario through Regulation O. Reg. 440/09 of the Act.

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• What’s included in the review?

  The Integrity Commissioner will review expenses incurred by designated persons in the course of their duties or function. Generally, these will be expenses covered by the Government of Ontario Travel, Meals and Hospitality Expenses Directive.

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• Where can I get the Travel, Meal and Hospitality Expenses Directive?

  The Directive is administered by the Ministry of Government Services and is available on its website.

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• My expenses are going to be reviewed by the Integrity Commissioner. Who sends this information to that office?

  Expenses are reviewed by the Integrity Commissioner only once they have been processed by the agency and reimbursed to the designated person. Copies of the expense claim and relevant receipts/documentation can be sent only by expenses officers.

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• Who is my expenses officer?

  The expenses officer is the person accountable for ensuring designated persons adhere to expense rules and is responsible for submitting the expenses to the Integrity Commissioner for review. Regulation O. Reg. 440/09 of the Act states that the chief executive officer is the expenses officer for designated senior management employees and the chair of the public entity is the expenses officer for the designated appointees to the public entity.

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• What do I do if I’m not sure about a particular expense?

  If a designated person cannot determine from the Directive whether an expense is allowable, the Integrity Commissioner can provide advice about the expense before it has been incurred. Requests must be made in writing through the expenses officer. Please contact the Office of the Integrity Commissioner for more information.

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• How will the Integrity Commissioner decide whether an expense is allowable?

  The Integrity Commissioner will refer to the Travel, Meals and Hospitality Expenses Directive when deciding if an expense is allowable. Expenses officers are required to provide relevant information about the nature of the expense in order to assist the Integrity Commissioner’s review. For expenses that are not covered by the Travel, Meals and Hospitality Expenses Directive, the Commissioner will seek confirmation that the expense was required in the performance of the designated person’s duties or function within the public entity.

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• What happens if the Integrity Commissioner finds that an expense claim does not comply with the directive?

  The Integrity Commissioner must notify the expenses officer and may direct them to require the claimant to repay all or part of the expense. The Commissioner can also recommend remedial action, which would be determined on a case-by-case basis. Both repayment and remedial action must be completed on or before a date specified by the Integrity Commissioner.

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• Will the Integrity Commissioner report on the results of the review?

  Under the Act, the Integrity Commissioner can make a public report on any matter related to the review of expenses. In addition, each year the Integrity Commissioner will provide a written report to the Speaker of the Legislative Assembly of Ontario about the review of the expense claims of designated persons during the previous fiscal year.

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• What are the penalties for non-compliance?

  If a designated person fails to make a repayment or follow the remedial action directed by the Integrity Commissioner, a number of penalties can come into play. The Commissioner may advise appropriate persons, such as the responsible Minister or the Premier of Ontario, on any matter related to the expense claim in question. The Commissioner can also publicly report on details relating to the specific expense claims of a designated person who has failed to comply with a direction to repay or to complete remedial action. The Integrity Commissioner will determine public reporting of this nature on a case-by-case basis.

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• Where can I find the Integrity Commissioner’s latest report on the review of agency expenses?

  Reports on agency expenses are contained within the Office's annual report.

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