Ontario’s New Integrity Commissioner

Ontario has a new Integrity Commissioner. The Honourable J. David Wake began his five-year term on February 1. He replaces Lynn Morrison, who was associated with the office since its inception in 1988, and served as Commissioner since 2007. I am proud to say I had a warm and collegial relationship with Lynn, who incidentally was my ethics executive, since the establishment of our office that same year. Lynn was always a willing,  knowledgeable and experienced partner in the field of public service ethics. One of our most valuable collaborations was incorporating Lynn and her counsel into the ethics executive orientation sessions we host periodically, where Lynn discussed whistleblowing  and […]

Post-Service Rules

We often hear about conflict-of-interest rules that public servants are expected to follow. As we know, these rules help to ensure that our public service is professional, ethical and competent. It is also important to know that certain rules continue to apply after an individual leaves public service. These are called “post-service” rules, and they are applicable to former public servants. They are equally important. Just as public servants must not allow their personal interests to conflict with their public service duties, so also must former public servants not derive undue advantage, or disadvantage the Crown, by virtue of their former public duties. Having both sets of rules ensures a […]

Public Service and Political Activity

The next federal election will take place on October 19th, the first instance of a fixed election date in Canadian federal politics. It used to be the case that public servants, at both the provincial and federal levels, were subject to broad political activity prohibitions. This was seen as necessary to uphold the neutrality and professionalism of the public service in a democratic system. The Charter of Rights and Freedoms changed things. Evolving attitudes probably also played a role. Today we have a more nuanced and workable system that balances the rights of citizens to participate in the democratic process with the need for a neutral and professional public service. […]

Political Activity Restrictions – A Real-Time Case

Political activity rules governing public servants, in Ontario and elsewhere, seek to balance the need for a professional, non-partisan public service with the need to respect public servants’ political and constitutional rights. While specific rules vary across jurisdictions, determining what is or is not a political activity, and when engaging in political activity might affect the ability of a particular public servant to carry out his or her duties to the Crown, is one of the more challenging aspects of public sector ethics oversight. Below are some links to an interesting real-time case that demonstrate the challenge of finding the right balance. Federal lawyer defies PSC over political bid Lawyer’s […]

Do the Right Thing

In previous blogs I explained that conflicts of interest may sometimes occur as a fact of life in a complicated society and that people should develop their own ethical compass and know when to seek advice.  I discussed how leaders are responsible for their own and their organization’s ethical integrity and they should foster an ethical culture. In this blog I am writing about something that supports most of what I havepreviously written, namely, that after decades of public service in a variety of roles, I am convinced that most people in government want to do the right thing simply because it is right. I believe there is a heightened […]

Commissioner Expenses

Under the Travel, Meal and Hospitality Expense Directive (November 2014), all regulatory agencies are required to post details of travel, meal and hospitality expenses of senior executives and government appointees for the agency on a quarterly basis throughout the calendar year. Fiscal Year 2015-16 Fourth Quarter Fiscal Year 2016-17 First Quarter (no expenses were incurred this fiscal quarter) Second Quarter (no expenses were incurred this fiscal quarter) Third Quarter (no expenses were incurred this fiscal quarter) Fourth Quarter (no expenses were incurred this fiscal quarter)    

Dealing with Conflict

Ontario’s system for dealing with conflicts of interest is inclusive and, at the same time, decentralized. In my view, this is one of the strengths of our system. Public sector leaders are expected to manage ethical issues and build an ethical culture within their own organizations. Ethics oversight is not an ‘overlay’ on existing organizations but part of their inherent functioning. Every public servant has an ethics executive, who is usually the deputy minister in a ministry or the chair or CEO of a public body. Our office is a resource for ethics executives generally, and provides ethics training to public body chairs and CEOs. Public servants in Ontario are […]

Public Sector and MPP Accountability and Transparency Act

The MPP and Public Sector Accountability and Transparency Act, also known as Bill 8, has been in the news a lot. While the bill does not affect the Conflict of Interest Commissioner, it introduces several changes to the accountability framework for the Government of Ontario. The Act received Royal Assent on December 11. Different parts of the Act will be brought into force over time by proclamation. Among other things, the new Act gives the government the authority to establish compensation frameworks for agency executives, requires certain agencies to publish business plans and other documents, requires Cabinet ministers, parliamentary assistants, opposition leaders and their staff to publish expenses, establishes a […]