QUEEN’S PARK — Government Services Minister Gerry Phillips today introduced the Public Service of Ontario Statute Law Amendment Act, which will support and maintain a high standard of integrity for public servants while providing important protections public servants need to deliver high-quality services to Ontarians.
“Our government stands for transparency and accountability. That is why we are strengthening our public service legislation based on the fundamental principles of public service: accountability, non-partisanship, competency and professionalism,” Phillips said.
The legislation will, if passed:
- Provide a human resources management framework for employees of the Crown
- Contain the conflict-of-interest framework for ethical conduct in the public service of Ontario
- Contain the rights and obligations of public servants related to political activity
- Establish a process by which public servants may disclose wrongdoing in the public service of Ontario and be protected from reprisal
- Create a separate act for collective bargaining provisions for the Ontario Provincial Police
- Restore Crown successor rights.
“This legislation provides strong whistleblower provisions that would provide public service employees with the very important ability, should the need arise, to disclose alleged serious wrongdoing without fear of reprisal,” Phillips said. “Our proposed whistleblower protection would give authority to an independent officer of the legislature – the Integrity Commissioner – to investigate and publicly report on serious allegations of wrongdoing.”
Whistleblower protection would:
- Establish a modern and effective framework for disclosure with clear procedures and accountabilities
- Give authority to the Integrity Commissioner to investigate and publicly report on allegations of wrongdoing
- Protect public servants who disclose a serious wrongdoing from reprisal.
The proposed legislation would also restore successor rights for Ontario government employees and employees of certain Crown agencies. Currently, most unionized workers in Ontario, in the private and public sectors, have some form of successor rights, except Ontario government employees. Under the new legislation, public sector employees will again have the same rights enjoyed by workers in the private sector. These rights were removed in 1995.
“Our government is fulfilling its commitment to restore fairness and balance to labour relations,” said Labour Minister Steve Peters. “Ontario has a public service that is second to none; it is only fair that public servants have the same successor rights as people working in the private sector.”
In addition, the proposed legislation will clarify political activity rights and restrictions for all public servants by establishing clear and consistent rules across the public service of Ontario.
“The proposed legislation will balance the need to preserve the integrity and neutrality of the public service with an individual’s right to participate in political activity,” said Phillips.
The proposed legislation includes a new conflict-of-interest framework that would clarify accountabilities for ministry and agency staff. It will give agencies the ability to establish their own rules while making them accountable for their staff and responsible for enforcing those rules.
Finally, the new legislation, if passed, will strengthen human resources management and administration by establishing clear accountability and introducing modern language.
This proposed legislation is a key component of the government’s efforts to modernize government. It builds on other important initiatives the government has undertaken, including:
- The introduction of legislation banning partisan advertising by government
- Amendments to the Freedom of Information and Protection of Privacy Act to include universities, Hydro One and Ontario Power Generation
- The inclusion of the financial results of hospitals, school boards and colleges of applied arts and technology in the provincial budget
- Expanded authority for the Auditor General to carry out value-for-money audits of organizations receiving government funds to deliver front-line services.
“The proposed new act would ensure that the public service meets public expectations for transparency, accountability and professionalism while at the same time providing safeguards and protections that public servants need to do their jobs,” said Phillips.
Backgrounder: The public service of Ontario Statute Law Amendment Act
Contacts:
Paul de Zara
Minister’s Office
416-327-3072 - office
647-388-9671 - cell
Ciaran Ganley
Ministry of Government Services
416-325-8659
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