AI-assisted research summary: The Integrity Commissioner may not fund legal services for some public servants or former public servants except in specific disclosure or complaint cases, and the payment is capped.
Restrictions on eligibility 1. (1) The Integrity Commissioner is not permitted to arrange or pay for the provision of legal services under section 147 of the Act to a public servant or former public servant involved in any investigation or other proceeding under Part VI of the Act unless, (a) the investigation or other proceeding relates to a disclosure that has been received by the Commissioner under section 116 of the Act, other than a disclosure which the Commissioner has refused under section 117 of the Act to deal with; or (b) the investigation or other proceeding relates to a complaint that has been made under section 140 of the Act. O. Reg. 385/07, s. 1 (1). (2) The Integrity Commissioner is not permitted to arrange or pay for the provision of legal services under section 147 of the Act to a public servant or former public servant if the Crown, another employer or a bargaining agent has offered to provide or pay for legal services in whole or in part but the offer has not been accepted. O. Reg. 385/07, s. 1 (2). (3) The Integrity Commissioner is not permitted to arrange or pay for the provision of legal services under section 147 of the Act to a person who is not a public servant or former public servant. O. Reg. 385/07, s. 1 (3). Limit on amount 2. (1) The maximum amount that the Integrity Commissioner is permitted to pay for legal services under section 147 of the Act provided to a public servant or former public servant is $3,000 for a disclosure received under section 116 of the Act and $3,000 for a complaint made under section 140 of the Act. O. Reg. 385/07, s. 2 (1). (2) If any legal services for a public servant or former public servant are being paid for by the Crown, another employer or a bargaining agent, the maximum amount that the Integrity Commissioner is permitted by subsection (1) to pay is reduced by the amount paid by the Crown, the employer or the bargaining agent, as the case may be, for the legal services. O. Reg. 385/07, s. 2 (2). Factors 3. When deciding whether to arrange and pay for the provision of legal services under section 147 of the Act to a public servant or former public servant, the Integrity Commissioner shall consider the following factors and such other matters as the Commissioner considers relevant: 1. The ability of the public servant or former public servant to pay for legal services. 2. The degree to which the public interest may be affected by the alleged wrongdoing or reprisal. O. Reg. 385/07, s. 3. Recommendation 4. Two years after this Regulation comes into force, the Integrity Commissioner shall give a recommendation about the efficacy of this Regulation to the minister responsible for the administration of the Act. O. Reg. 385/07, s. 4. 5. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 385/07, s. 5.