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2nd Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 19

THE PUBLIC SERVICE ACT


Table of Contents Bilingual version (PDF) Explanatory Note

(Assented to                                         )

WHEREAS the public service of Manitoba has contributed to the growth and prosperity of the province by delivering services of the highest quality to the public;

AND WHEREAS a modern legislative framework will support a public service that is competent, representative, responsive and impartial;

AND WHEREAS Manitoba will continue to benefit from a public service that values respect for others, integrity, accountability, skill and dedication;

AND WHEREAS Manitoba will continue to meet present and future challenges with an engaged and sustainable public service that is committed to collaboration, innovation and outcomes focused on its citizens;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTRODUCTORY PROVISIONS

Definitions

1(1)        The following definitions apply in this Act.

"allied public service" means the allied public service described in subsection 3(4). (« fonction publique alliée »)

"appointment" means an appointment to a position and includes a transfer or promotion into a position. (« nomination »)

"Assembly offices" has the same meaning as "assembly offices" in The Legislative Assembly Management Commission Act. (« bureaux de l'Assemblée »)

"broader public service" means the broader public service described in subsection 3(3). (« fonction publique élargie »)

"Clerk of the Executive Council" means the Clerk of the Executive Council appointed under section 32. (« greffier du Conseil exécutif »)

"collective agreement" means a collective agreement as defined in The Labour Relations Act. (« convention collective »)

"commission" means the Public Service Commission established under section 25. (« Commission »)

"commissioner" means the Public Service Commissioner appointed under subsection 26(1). (« commissaire »)

"core public service" means the core public service described in subsection 3(2). (« fonction publique centrale »)

"core public service employee" means an individual appointed to and employed in a position within the core public service. (« employé de la fonction publique centrale »)

"department" means a department as defined in The Executive Government Organization Act. (« ministère »)

"deputy minister" means the deputy minister of a department appointed under subsection 33(2). (« sous-ministre »)

"employee" means an individual employed in the public service and, unless otherwise indicated, includes a manager or executive. (« employé »)

"government agency" means a government agency as defined in The Financial Administration Act. (« organisme gouvernemental »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"officer of the Legislature" means an officer of the Legislature referred to in subsection 58(1). (« haut fonctionnaire de la Législature »)

"pay" includes salary, wages, commission or compensation payable in any other form for work performed by an employee, but does not include any additional remuneration, such as an allowance, bonus, premium or benefit of any kind to be paid or provided to the employee. (« rémunération »)

"political staff member" means a person appointed under subsection 59(1). (« membre du personnel politique »)

"prescribed" means prescribed by regulation.

"regulation" means a regulation made under this Act. (« règlement »)

"workforce management policy" means a workforce management policy established under section 10 or 11. (« politique de gestion de la main-d'œuvre »)

Reference to "Act" includes regulations

1(2)        In this Act, a reference to "this Act" includes the regulations made under this Act.

Information notes and examples

1(3)        The information notes and examples are included as aids to the reader and do not form part of this Act.

Purpose

2           The purpose of this Act is to ensure that the public service of Manitoba is ethical and effective in serving the public.

Application

3(1)        This Act applies to the public service of Manitoba, which consists of the core public service, the broader public service and the allied public service.

Core public service

3(2)        The core public service consists of the Clerk of the Executive Council, the other deputy ministers and the employees in positions within the departments of government.

Broader public service

3(3)        The broader public service consists of the chief executive officer or head and employees of the following public bodies:

(a) each Crown corporation referred to in The Crown Corporations Governance and Accountability Act;

(b) the following health organizations:

(i) each regional health authority as defined in The Regional Health Authorities Act,

(ii) Shared Health Inc.,

(iii) each employer listed in the Health Sector Bargaining Unit Review Regulation, Manitoba Regulation 7/2019;

(c) The University of Manitoba, The University of Winnipeg, Brandon University, Université de Saint-Boniface, University College of the North, Red River College, Assiniboine Community College, and Manitoba Institute of Trades and Technology;

(d) each school district or school division as defined in The Public Schools Act;

(e) every other reporting organization as that term is defined in The Financial Administration Act whose employees are not core public service employees;

(f) every other prescribed employer in the public sector or any employer that belongs to a prescribed class of such employers.

Allied public service

3(4)        The allied public service consists of the staff for the Assembly offices and the constituency offices of members of the Assembly, the staff for the officers of the Legislature, and political staff.

PART 2

VALUES OF PUBLIC SERVICE

Values for an ethical public service

4           The following values guide the public service in serving the public in an ethical manner:

Respect for others

(a) treat people with respect, dignity and fairness;

(b) appreciate difference and welcome learning from others;

(c) foster a workplace free of harassment, including sexual harassment and bullying.

Integrity

(a) place the public interest over the personal interest;

(b) act professionally with honesty, consistency and impartiality;

(c) handle sensitive information appropriately and discretely.

Accountability

(a) be fiscally responsible and focus on the prudent use of public resources;

(b) show leadership and take responsibility for decisions and actions.

Skill and dedication

(a) be open to continual learning and innovation;

(b) promote competency through reflection and improvement.

Values for an effective public service

5           The following values guide the public service in serving the public in an effective manner:

Service

(a) provide services fairly, reliably and competently;

(b) focus on quality and outcomes to achieve performance standards;

(c) be transparent to enable public scrutiny.

Collaboration

(a) invite teamwork and collaboration to maximize strategic investment in delivering services;

(b) engage and collaborate with the public to provide the opportunity to inform, develop and implement services;

(c) advance reconciliation through concrete and constructive partnerships with Indigenous peoples.

Innovation

(a) be flexible and creative in the delivery of public services so as to adapt quickly and effectively to changes in priorities and needs of the public;

(b) engage in strategic and predictive decision-making;

(c) experiment and measure results to identify opportunities for new responses to complex problems.

Sustainability

(a) exercise skill and judgment in the use of public resources in delivering services;

(b) continually evaluate services to determine if those services are meeting the needs of the public in an efficient and responsive manner.

PART 3

CORE PUBLIC SERVICE

Definition

6           In this Part, "represented employee" means a core public service employee who is represented by a bargaining agent as defined in The Labour Relations Act.

Code of conduct and action plan

7(1)        The government must establish

(a) a code of conduct based on the values for an ethical public service set out in section 4; and

(b) an action plan for the delivery of services based on the values for an effective public service set out in section 5.

Code and plan to be made public

7(2)        The government must ensure that the code of conduct and the action plan are available to the public on a government website and in any other form that it considers appropriate.

Information Note

The code of conduct focuses on the expected behaviours of core public service employees in a parliamentary democracy based on the Westminster tradition. The code of conduct informs the commitment of the public service to implementing the decisions of the government of the day, to providing non-partisan advice, and to upholding the law, institutions of government and democratic principles.

WORKFORCE MANAGEMENT

Principles

8           The principles underlying the management of the workforce in the core public service are

Diversity and inclusion — The diversity of the people of Manitoba ought to be represented in the core public service and the varied talents, perspectives and ideas of employees with different backgrounds and experiences ought to be supported.

Fairness — Equitable and transparent staffing, classification, employment and pay practices ought to be fundamental to the core public service.

Merit — Appointments to the core public service ought to be made on merit and free from political influence.

Mobility — Opportunities to work across departments and across the public service ought to be fostered.

Classification plan

9           The minister must establish and maintain a classification plan for positions in the core public service.

Workforce management policies — minister

10          The minister must establish policies relating to

(a) a diverse and inclusive workforce;

(b) a respectful workplace, including policies for addressing and preventing harassment, including sexual harassment and bullying;

(c) employee conflict of interest; and

(d) workforce planning and renewal.

Required workforce management policies — commissioner

11(1)       The commissioner must develop and implement policies for

(a) recruitment, selection and appointment to positions in the core public service;

(b) flexible work arrangements, including hours and settings;

(c) accommodation in the workplace and re-employment; and

(d) performance management and standards of discipline.

Additional workforce management policies — commissioner

11(2)       The commissioner may develop and implement policies regarding other workforce management matters, such as

(a) the use of technology in the workplace;

(b) mobility opportunities between departments in the core public service and across the public service;

(c) employee engagement and recognition programs; and

(d) educational opportunities for employees.

Employment terms and conditions set by regulation

12(1)       The Lieutenant Governor in Council may make regulations governing the terms and conditions of employment, including terms and conditions for

(a) attendance and hours of work;

(b) additional remuneration, compensation, leave or other benefit for work done beyond the prescribed hours of work;

(c) leaves of absence, including annual vacation or sick leave, and employee benefits;

(d) the probationary period for appointments and other conditions of appointment;

(e) transfer, promotion or demotion and the process for resignation;

(f) employee conduct, discipline, suspension or dismissal or lay-off.

Employment terms and conditions for represented employees

12(2)       Despite subsection (1), the terms and conditions of employment for represented employees may be established by a collective agreement. If a term or condition of the collective agreement is inconsistent with a term or condition established by regulation, then the term or condition in the collective agreement applies to the represented employees.

Recruiting, selecting and appointing employees

13          Recruitment, selection and appointment of core public service employees must be undertaken in accordance with this Act and the policies under it.

Competitive process

14(1)       The policies for recruitment and selection must provide for a competitive process designed to establish the merit of candidates.

Merit re factors to consider

14(2)       The factors to be considered in determining merit include education, skills, knowledge, experience and competencies.

Limits on recruitment and selection

15(1)       Recruitment and selection of core public service employees for specified positions may be limited to the following categories:

(a) current employees;

(b) candidates who meet diversity and inclusion criteria.

Direct appointment

15(2)       The commissioner may designate certain positions for which selection may be made by direct appointment because

(a) the individual to be appointed has specialized skills, knowledge or experience unlikely to be bettered through a competitive process;

(b) the urgency of the staffing requirement renders the competitive process impracticable; or

(c) the direct appointment is necessary for the effective deployment of workforce resources.

Only one candidate

15(3)       An appointment may be made on merit even if only one candidate is considered for the appointment.

Oath or affirmation

16          Upon their initial appointment, a core public service employee must take an oath or affirmation of allegiance in the prescribed form.

Status as core public service employee

17          A person's status as a core public service employee is established only by appointment in writing pursuant to this Part.

Compliance required

18          A core public service employee must comply with this Act, the code of conduct and the workforce management policies.

Disciplinary actions

19          A core public service employee may be disciplined for a breach of this Act, the code of conduct or a workforce management policy.

Suspension for cause

20          The commissioner or a deputy minister may suspend a core public service employee from the performance of the employee's duties without pay for just cause.

Dismissal for cause

21(1)       The commissioner or a deputy minister may dismiss a core public service employee for just cause.

Dismissal without cause

21(2)       The commissioner or a deputy minister may dismiss a core public service employee without cause by giving the employee notice or compensation as provided for in section 61 of The Employment Standards Code.

Commissioner to be advised

21(3)       Before acting under this section, the deputy minister must advise the commissioner when a core public service employee is to be dismissed.

Lay-off

22(1)       If the commissioner or deputy minister considers it appropriate to do so, a core public service employee may be laid off due to shortage of work or funds, or the abolition of a position or material change in the duties or organization of the department.

Commissioner to be advised

22(2)       Before acting under subsection (1), the deputy minister must advise the commissioner when an employee is to be laid off and the reason for the lay-off.

Matters dealt with by collective agreement

23          The discipline, suspension, dismissal or lay-off of a represented employee must be dealt with in accordance with the applicable collective agreement if provided for in the agreement.

COLLECTIVE AGREEMENTS

Power to enter into collective agreement

24(1)       The Lieutenant Governor in Council may designate the minister or another member of the Executive Council to enter into a collective agreement on behalf of the government respecting the terms and conditions of employment in the core public service and compensation for employees to whom the collective agreement applies.

Certain employees may be excluded

24(2)       A collective agreement may exclude from its application certain classes of employees, including employees who perform management functions primarily or are employed in a confidential capacity on matters related to labour relations.

ADMINISTRATION

Public Service Commission established

25          The Public Service Commission is hereby established as a branch of the government for the purpose of administering this Act, determining compliance with it and supporting workforce management in the core public service.

Public Service Commissioner appointed

26(1)       The Lieutenant Governor in Council may appoint an individual to be the Public Service Commissioner who, as the administrative head of the commission, ranks as a deputy minister.

Duties

26(2)       The commissioner is responsible for workforce management across the core public service. In addition to the duties set out in this Act, the commissioner's duties are to

(a) advise the minister about this Act, the code of conduct, the plans and the policies under the Act;

(b) uphold and promote the values of an ethical and effective public service;

(c) provide direction and advice to departments about this Act, the code of conduct, the action plan and the workforce management policies;

(d) implement the classification plan established under this Part and review its effectiveness on a regular basis;

(e) administer the pay plan established under this Part;

(f) provide for and support the recruitment, selection and appointment of persons to or within the core public service;

(g) determine which positions, if any, require the involvement or authorization of the commissioner or another department in recruitment, selection or appointment;

(h) assist departments with reviews of decisions about recruitment, selection or appointment;

(i) review and investigate breaches of this Act, the code of conduct or a workforce management policy;

(j) support performance management reviews, disciplinary actions, suspensions, dismissals and lay-offs;

(k) oversee the review of selection and discipline decisions by departments;

(l) develop, provide, assist or coordinate programs for workforce training, education and career development;

(m) develop policies regarding confidentiality with respect to workforce management reviews and investigations under this Act;

(n) coordinate the government's position with respect to collective bargaining and to facilitate the negotiation and implementation of collective agreements, including grievance hearings;

(o) conduct research and studies about working conditions, succession planning and workforce management; and

(p) perform other duties assigned by the minister respecting workforce management, consistent with this Act.

Powers

26(3)       The commissioner

(a) must have access to the departments and their workforce management records;

(b) may require from any deputy minister or employee the information and explanations necessary to determine compliance with this Act, the code of conduct and the workforce management policies;

(c) may examine and report on the workforce management operations of a department; and

(d) may provide services in connection with the workforce management of a department and, in doing so, may place a person employed with the commission in a department.

Evidence Act powers

26(4)       When performing duties or exercising powers under this Act, the commissioner has the powers of a commissioner under Part V of The Manitoba Evidence Act.

Deputy minister responsible for department's workforce management

27(1)       Each deputy minister is responsible for managing their department's workforce in accordance with this Act, the code of conduct, the plans and the workforce management policies. The deputy minister's duties include

(a) upholding and promoting the values of an ethical and effective public service;

(b) recruiting, selecting and appointing the department's employees;

(c) implementing the code of conduct, the action plan and the workforce management policies;

(d) overseeing the attendance, conduct and performance of the department's employees;

(e) participating in the commissioner's reviews of recruitment, selection and appointment of the department's employees;

(f) facilitating investigations by the commissioner of breaches of this Act, the code of conduct and the workforce management policies; and

(g) maintaining workforce management records as required by the commissioner.

Delegation

27(2)       The deputy minister may delegate any of the powers and duties under this Act to one or more employees within the department.

Commissioner may exercise certain deputy minister's powers

27(3)       For the purpose of recruiting, selecting and appointing a department's employees, the commissioner may perform the duties and exercise the powers of a deputy minister with respect to the department.

Power to enter into agreement

28          Subject to any requirements under The Financial Administration Act, the commissioner or a deputy minister may enter into an agreement with a person to provide consulting or other professional services.

Confidentiality

29          The commissioner, the staff of the commission and any other core public service employees involved in a review or investigation under this Part must maintain the confidentiality of the information and allegations that come to their knowledge in the course of the administration of this Part and must take reasonable precautions to ensure that no more information is disclosed than is necessary.

Annual report on state of core public service

30(1)       For each fiscal year, the minister must prepare a report on the state of the core public service as well as the work of the commissioner and the commission.

Tabling report in the Assembly

30(2)       The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the report is completed.

REGULATIONS

Regulations by LG in C

31          The Lieutenant Governor in Council may make regulations

(a) respecting a pay plan;

(b) respecting a classification plan;

(c) respecting categories of employment in the core public service, such as regular, term and temporary employment;

(d) respecting recruitment, selection and appointment based on diversity or inclusion criteria, including veteran status;

(e) designating employees of government agencies as core public service employees for the purpose of this Part and specifying the duties, functions and powers related to workforce management matters for the employer;

(f) extending the application of clause 15(1)(a) to employees in the broader public service and allied public service;

(g) respecting the review of selection, classification and discipline decisions;

(h) allowing for payments and other benefits for the purpose of an employee engagement or recognition program;

(i) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

PART 4

SENIOR LEADERSHIP — CORE PUBLIC SERVICE

Clerk of Executive Council

32(1)       The Clerk of the Executive Council is the head of the core public service.

Appointment by LG in C

32(2)       The Lieutenant Governor in Council must appoint and fix the remuneration of the Clerk of the Executive Council, who ranks as the senior deputy minister.

Deputy minister of a department

33(1)       Subject to the direction of the department's minister, a deputy minister is responsible for the operation of the department. The deputy minister acts on the minister's behalf.

Appointment by LG in C

33(2)       The Lieutenant Governor in Council must appoint and fix the remuneration of a deputy minister.

Duties, functions and powers

33(3)       The deputy minister must perform the duties and functions and exercise the powers that are assigned to the deputy minister under this or any other Act or by the department's minister or the Lieutenant Governor in Council.

Absence of deputy minister

33(4)       In the absence of a deputy minister, the duties, functions and powers of the deputy minister may be performed or exercised by the person designated by the deputy minister to act in their absence or, if no person is designated, the person designated by the department's minister or the Lieutenant Governor in Council.

PART 5

POLITICAL ACTIVITIES OF CORE PUBLIC SERVICE EMPLOYEES

Definitions

34          The following definitions apply in this Part.

"election" means a federal, provincial, municipal or school board election. (« élection »)

"election period" means

(a) in respect of a federal or provincial election, the period starting on the day an election is called and ending on election day; and

(b) in respect of a municipal or school board election, the election period within the meaning of subsection 37(3) of The Municipal Councils and School Boards Elections Act. (« période électorale »)

"employee" means a core public service employee. (« employé »)

"nomination period" means

(a) in respect of a federal or provincial election, the period starting on the day an election is called and ending on the day fixed by law for the nomination of a candidate; and

(b) in respect of a municipal or school board election, the nomination period as set out in section 39 of The Municipal Councils and School Boards Elections Act. (« période de mise en candidature »)

"political activity" means

(a) carrying on any activity in support of, within or in opposition to a political party;

(b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or

(c) seeking nomination as or being a candidate in an election before or during the election period. (« activité politique »)

Purpose

35          The purpose of this Part is to recognize the right of employees to engage in political activities while maintaining the principle of political impartiality in the core public service.

Permitted activities

36(1)       An employee may engage in any political activity so long as it does not impair, or is not perceived as impairing, the employee's ability to perform their duties in a politically impartial manner.

Regulations

36(2)       The Lieutenant Governor in Council may make regulations specifying political activities that are deemed to impair the ability of an employee, or any class of employees, to perform their duties in a politically impartial manner.

Factors

36(3)       In making regulations, the Lieutenant Governor in Council may take into consideration factors such as the nature of the political activity and the nature of the duties of an employee or class of employees and the level and visibility of their positions.

Candidacy before election period

37(1)       An employee who seeks nomination as a candidate in an election or is a candidate before the election period may request a leave of absence without pay from their deputy minister.

Granting leave

37(2)       On receiving the employee's request, the deputy minister must grant the employee a leave of absence without pay for any part of the period before the election period that the deputy minister considers appropriate.

Candidacy during federal or provincial election period

38(1)       An employee may seek nomination as a candidate or be a candidate in a federal or provincial election during the election period only if the employee has requested and has been granted a leave of absence without pay from their deputy minister.

Granting leave

38(2)       On receiving the employee's request, the deputy minister must grant the employee a leave of absence without pay for the nomination period or the election period, as the case may be.

Candidacy during municipal or school board election

39(1)       An employee who seeks nomination as a candidate or is a candidate in a municipal or school board election during the election period may request a leave of absence without pay from their deputy minister.

Granting leave

39(2)       On receiving the employee's request, the deputy minister must grant the employee a leave of absence without pay for the nomination period or the election period, as the case may be.

Effect of election on federal or provincial elected representative

40          An employee ceases to be an employee on the day the employee is declared elected in a federal or provincial election.

Deputy ministers

41          The Clerk of the Executive Council and every other deputy minister must not engage in any political activity other than voting in an election.

PART 6

CONFLICT OF INTEREST AND POST-EMPLOYMENT RESTRICTIONS FOR SENIOR PUBLIC EXECUTIVES

Definitions

42          The following definitions apply in this Part.

"dependant" means

(a) the spouse or common-law partner of a senior public executive; or

(b) any child, natural or adopted, of a senior public executive;

who resides with the executive. (« personne à charge »)

"employment" includes

(a) an appointment to the governing board of a corporation or unincorporated association or organization; and

(b) membership in a partnership. (« emploi »)

"entity" includes a partnership or unincorporated association or organization. (« entité »)

"senior public executive" means any of the persons listed or referred to in section 43. (« cadre supérieur de la fonction publique »)

Senior public executives

43          This Part applies to the following persons:

(a) the Clerk of the Executive Council;

(b) a deputy minister;

(c) an assistant deputy minister;

(d) a person in a prescribed senior executive position;

(e) in respect of a prescribed government agency, a chairperson, president, vice-president, chief executive officer or deputy chief executive officer or other person in a prescribed senior executive position.

Insider information

44          A senior public executive, or a former senior public executive, must not use for personal gain, or for the gain of another person, information that is not available to the public and which the executive acquires or acquired in the performance of their duties and functions and exercise of their powers.

Use of influence

45(1)       A senior public executive must not communicate, either directly or indirectly, with a member of the Legislative Assembly or Executive Council, another senior public executive or an employee for the purpose of influencing the government or a government agency to enter into a contract, or to confer a benefit, in which the executive or a dependant of the executive has a pecuniary interest.

Application

45(2)       This section applies to a former senior public executive for a period of one year following the date on which they leave their executive position.

No contracts or benefits

46(1)       Except with the approval of the Lieutenant Governor in Council, a senior public executive must not enter into a contract with, or accept a benefit from, the government or a government agency for a period of one year following the date on which they leave their executive position.

Routine services exempted

46(2)       Subsection (1) does not apply to contracts that are entered into or benefits that are conferred by the government or a government agency in the course of providing routine services to members of the public, including to senior public executives.

No acting or advising

47          A senior public executive who acts for or advises the government or a government agency on a matter in which the government or agency has an interest must not act for or on behalf of a person or entity in relation to the matter for a period of one year following the date on which they leave their executive position.

Application

48(1)       This section applies when a senior public executive leaves their position and accepts employment with a person or entity with whom they had official dealings for a period of one year before the date on which they left their executive position.

No participation in employer's dealings

48(2)       For a period of one year following the date on which they leave their position, a senior public executive must not, directly or indirectly, attempt to influence or assist or in any way participate in

(a) the employer's deliberations on a matter in which the employer has a pecuniary interest and in which the government or a government agency is involved;

(b) negotiations or consultations between the employer and the government or a government agency; or

(c) the performance of the employer's obligations under a contract between the employer and the government or a government agency.

Employment with another government

49          A senior public executive is not prohibited from accepting employment with, entering into a contract with or accepting a benefit from a government of another province or territory or the Government of Canada.

Restitution

50(1)       An action for restitution may be brought in the Court of Queen's Bench by an adversely affected person, including the government or a government agency, against the senior public executive, or a third party, who realized a pecuniary gain in a transaction or matter that is in breach of a provision of this Part.

No additional action by government or government agency

50(2)       The government or government agency may not apply for a restitution order if another person obtains a restitution order in favour of the government or agency against the senior public executive in relation to the same transaction or matter.

Limit on third party restitution order

50(3)       The amount awarded as restitution against a third party may not exceed the amount of pecuniary gain realized by the third party.

Limitation period

50(4)       An application for a restitution order must not be brought more than six years after the date of the transaction or matter that results in the alleged pecuniary gain.

Offence and penalty

51(1)       A person who contravenes a provision of this Part is guilty of an offence and liable to a fine of not more than $10,000.

Restitution

51(2)       A judge may order restitution to the government or a government agency as the judge considers appropriate in the circumstances in addition to the fine.

PART 7

BROADER PUBLIC SERVICE

Purpose

52          The purpose of this Part is to facilitate a consistent and coordinated approach for ensuring an ethical and effective public service of Manitoba.

Consultation and collaboration

53          The Clerk of the Executive Council and the commissioner may

(a) consult and collaborate with employers in the broader public service on matters related to this Act; and

(b) establish a council of employers in the broader public service as a forum to foster an ethical public service based on the values of respect for others, integrity, accountability and skill and dedication and to share best practices for an effective public service based on the values of service, collaboration, innovation and sustainability.

Examples

The core public service and the broader public service can consult and collaborate to ensure that their respectful workplace policies deal appropriately and expeditiously with any complaint about workplace misconduct that involves their employees.

The core public service and the broader public service can consult and collaborate to increase workforce mobility opportunities across the public service.

Code of conduct and action plan

54(1)       Each employer in the broader public service must establish

(a) a code of conduct based on the values for an ethical public service set out in section 4; and

(b) an action plan for the delivery of services based on the values for an effective public service set out in section 5.

Code and plan to be made public

54(2)       The employer must ensure that the code of conduct and action plan are available to the public on a publicly accessible website and in any other form that it considers appropriate.

Principles

54(3)       The principles underlying the management of the workforce in the broader public service are as follows:

Diversity and inclusion — The diversity of the people of Manitoba ought to be represented in the broader public service and the varied talents, perspectives and ideas of employees with different backgrounds and experiences ought to be supported.

Fairness — Equitable and transparent classification, staffing, employment and pay practices ought to be fundamental to the broader public service.

Merit — Staffing decisions in the broader public service ought to be made on merit and free from political influence.

Mobility — Opportunities to work across the public service ought to be fostered.

Directive issued to specific employer

55(1)       The minister may issue a directive to a specific employer in the broader public service

(a) dealing with matters related to the employer's code of conduct or action plan;

(b) requiring the establishment of policies on workforce management matters, such as diversity and inclusion, respectful workplace (which must deal with addressing and preventing harassment, including sexual harassment and bullying), and conflict of interest, that are not inconsistent with this Act;

(c) requiring appointments of employees to be based on merit; and

(d) requesting information about matters referred to in clauses (a) to (c).

Directive may differ

55(2)       A directive may differ from a directive issued to another employer.

Employer must comply

55(3)       An employer to whom a directive is issued under this section must comply with the directive.

Directives must be made public

55(4)       Within 30 days after issuing a directive, the minister must make the directive public in a manner that the minister considers appropriate.

PART 8

ALLIED PUBLIC SERVICE

THE LEGISLATIVE ASSEMBLY

Appointment of Clerk of the Legislative Assembly

56(1)       The Lieutenant Governor in Council must appoint and fix the remuneration of the Clerk of the Legislative Assembly.

Civil Service Superannuation Act applies

56(2)       The Clerk of the Legislative Assembly is an employee within the meaning of The Civil Service Superannuation Act.

Legislative Assembly staff

57(1)       For greater certainty, The Legislative Assembly Management Commission Act applies to staff for the Assembly and the Assembly offices.

Information Note

For staff of the Assembly and the Assembly offices, see subsections 8(5) and (6) of The Legislative Assembly Management Commission Act for the obligations relating to the code of conduct, action plan and workforce management policies.

For staff in constituency offices, see section 52.8.1 of The Legislative Assembly Act for the obligations relating to the code of conduct and respectful workplace policy.

Commissioner may provide assistance

57(2)       The commissioner may

(a) assist and support the Legislative Assembly Management Commission in dealing with matters referred to in Parts 2 and 3; and

(b) enter into an agreement to provide services to the Legislative Assembly Management Commission with respect to workforce management matters referred to in Part 3.

Examples

The commissioner can assist the Legislative Assembly Management Commission to ensure that their respectful workplace policies deal appropriately and expeditiously with any complaint about workplace misconduct that involves their employees.

The commissioner can assist and support the Legislative Assembly Management Commission in providing opportunities to increase workforce mobility opportunities for their employees.

Staff for officers of the Legislature

58(1)       This section applies to appointments and employment of staff for the following officers of the Legislature:

(a) the Advocate for Children and Youth;

(b) the Auditor General;

(c) the Chief Electoral Officer;

(d) the Information and Privacy Adjudicator;

(e) the Ombudsman;

(f) the registrar appointed under The Lobbyists Registration Act.

Officers of the Legislature responsible for workforce management

58(2)       Each officer of the Legislature is responsible for managing the officer's staff in accordance with Part 3 and the regulations under it and the code of conduct, plans and workforce management policies. The officer's duties include

(a) upholding and promoting the values of an ethical and effective public service;

(b) recruiting, selecting and appointing the staff;

(c) implementing the code of conduct, action plan and workforce management policies;

(d) overseeing attendance, conduct and performance;

(e) participating in the commissioner's reviews of recruitment, selection and appointment;

(f) facilitating investigations by the commissioner of breaches of Part 3 and the regulations under it, the code of conduct and the workforce management policies; and

(g) maintaining workforce management records as required by the commissioner.

Code of conduct and action plan

58(3)       The commissioner must consult with each officer of the Legislature for the purpose of establishing

(a) a code of conduct based on the values for an ethical public service set out in section 4; and

(b) an action plan for the delivery of services based on the values for an effective public service set out in section 5.

Code and plan to be made public

58(4)       The government and the officers of the Legislature must ensure that the code of conduct and the action plan are available to the public on a government website and in any other form that they consider appropriate.

Status

58(5)       A person's status as a member of the staff for an officer of the Legislature is established only by appointment in writing pursuant to this section and, for greater certainty, the government is the employer.

Staff entitled to same rights and benefits as core public service

58(6)       Subject to collective bargaining, the staff for an officer of the Legislature are entitled to the same rights and benefits as employees in the core public service.

Commissioner may provide workforce management assistance

58(7)       The commissioner may enter into an agreement to provide services and assistance to one or more officers of the Legislature with respect to workforce management matters referred to in Part 3.

Political activities

58(8)       Part 5 applies, with necessary changes, to the staff for an officer of the Legislature other than the staff for the Chief Electoral Officer.

Information Note

For the provision relating to political activities of the Chief Electoral Officer's staff, see subsection 31(3) of The Elections Act.

POLITICAL STAFF

Appointment of political staff

59(1)       The Lieutenant Governor in Council may appoint persons for the purpose of

(a) acting in a confidential capacity to the Executive Council or a member of Executive Council; or

(b) providing special, professional or technical expertise to the Executive Council or a member of Executive Council.

Terms and conditions of employment

59(2)       A person may be appointed by the Lieutenant Governor in Council on terms and conditions, including remuneration, authorized by order of, or prescribed by, the Lieutenant Governor in Council.

Oath or affirmation

59(3)       Upon their initial appointment, a political staff member must swear or affirm an oath or affirmation of allegiance in the prescribed form.

Code of conduct

60(1)       The government must establish a code of conduct for political staff based on the values for an ethical public service set out in section 4 and make the code available to the public on a government website and in any other form that it considers appropriate.

Compliance required

60(2)       A political staff member must comply with the code of conduct and any prescribed workforce management policies and restrictions on political activities.

PART 9

GENERAL PROVISIONS

Regulations — LG in C

61(1)       The Lieutenant Governor in Council may make regulations

(a) excluding classes of employees or categories of employment from the core public service, broader public service or allied public service;

(b) prescribing anything referred to in this Act as being prescribed;

(c) defining any word or expression used in this Act but not defined;

(d) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Regulations — minister

61(2)       The minister may, by regulation, prescribe the form of oath or affirmation of allegiance.

General or specific

61(3)       A regulation made under this section may be general or specific in its application.

Protection from liability

62          No action or proceeding may be brought against the minister, commissioner or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

Crown bound

63          This Act binds the Crown.

TRANSITIONAL PROVISIONS

Transition from former Act to new Act

64(1)       In this section, "former Act" means The Civil Service Act, R.S.M. 1987, c. C110.

Civil service to public service

64(2)        An individual who, on the coming into force of this section, is employed under the former Act in a civil service position as indicated in Column 1 of the following table is deemed to be appointed under this Act to the position in the public service as indicated opposite in Column 2:

Column 1

Civil service position

Column 2

Public service position

Clerk of the Executive Council Clerk of the Executive Council appointed under subsection 32(2)
Clerk of the Legislative Assembly Clerk of the Legislative Assembly appointed under subsection 56(1)
commissioner appointed under subsection 4(1) of the former Act Public Service Commissioner appointed under subsection 26(1)
deputy minister deputy minister appointed under subsection 33(2)
employee under an officer of the Legislature staff for an officer of the Legislature, appointed under subsection 58(5)
technical officer designated under the Technical Officers Designation Regulation, OIC 683/1993 political staff member appointed under subsection 59(1)
any employee as defined in subsection 1(1) of the former Act who is not elsewhere referred to in this table core public service employee appointed pursuant to section 17

Position not within the core public service

64(3)       For greater certainty, subsection (2) does not apply to the Chief Electoral Officer who is appointed under section 23 of The Elections Act.

Civil Service Commission

64(4)       On the coming into force of this section,

(a) The Civil Service Commission is dissolved; and

(b) subject to subsection (2) insofar as it applies to a commissioner appointed under subsection 4(1) of the former Act, the appointment of each member of the commission is terminated, and all the rights and obligations of a member in relation to or under the appointment are extinguished.

Appeal to commission

64(5)       Despite subsection (4), an appeal to The Civil Service Commission that has been commenced by a core public service employee not represented by a bargaining agent (as that term is defined in The Labour Relations Act) or excluded from a bargaining unit but that has not been concluded before the coming into force of this section must be concluded under the former Act as if this Act had not come into force.

Collective agreements

64(6)       To the extent that a collective agreement entered into before the coming into force of this section refers to the former Act or a specific provision of it, the former Act continues to apply to the collective agreement but only until the collective agreement is revised and renewed.

Leave of absence without pay for elected representative

64(7)       Subsection 44(6) of the former Act continues to apply to an employee who has been granted a leave of absence without pay before the coming into force of this section until the expiry of the time period referred to in clause 44(6)(a) or (b) of the former Act, as the case may be.

Effect of enactment

64(8)       A claim for constructive dismissal or breach of contract does not arise by reason only of the enactment of this Act.

Effect on Civil Service Superannuation Act

64(9)       An individual's entitlement under The Civil Service Superannuation Act on or before the coming into force of this section is not affected in any manner by reason only of the enactment of this Act.

Reference in other Acts to employees

64(10)      An individual who, on the coming into force of this section, had been appointed and is employed under the former Act pursuant to an Act listed in Part 10 or listed in a table in the Schedule is deemed to be appointed under Part 3 of this Act or section 58 of this Act, as the case may be.

Regulations

64(11)      The Lieutenant Governor in Council may make regulations to remedy any difficulty, inconsistency or impossibility resulting from the transition from the former Act to this Act.

PART 10

RELATED AND CONSEQUENTIAL AMENDMENTS

Amendments in Schedule

65          An Act listed in a table in the Schedule is amended as described in each table.

C.C.S.M. c. A4 amended

66(1)       The Adult Abuse Registry Act is amended by this section.

66(2)       Section 10 is amended by striking out "in accordance with The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

66(3)       Subsection 25(1) is replaced with the following:

Appointment of registrar

25(1)       A registrar must be appointed under Part 3 of The Public Service Act.

66(4)       Subsection 25(4) is amended by striking out "in accordance with The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. A6.7 amended

67(1)       The Advocate for Children and Youth Act is amended by this section.

67(2)       Subsection 6(1) of the French version is amended by striking out "personnes qu'il emploie" and substituting "membres de son personnel".

67(3)       Subsection 6(2) is repealed.

67(4)       Subsection 6(3) is replaced with the following:

Employees

6(3)        Persons employed under the Advocate must be appointed under section 58 of The Public Service Act.

67(5)       Subsection 8(1) is amended by striking out "in accordance with The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

67(6)       Subsection 10(2) of the French version is amended by striking out "personnes que le protecteur emploie" and substituting "membres du personnel du protecteur".

C.C.S.M. c. A40

68          Section 3 of The Department of Agriculture, Food and Rural Development Act is amended by striking out "or employed as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. A85 amended

69(1)       The Animal Diseases Act is amended by this section.

69(2)       Section 1 is amended in the definition "director" by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

69(3)       Clause 6(3)(b) is amended by striking out "a member of the civil service of Manitoba" and substituting "an employee of the government".

69(4)       Subsection 6(4) is amended

(a) by striking out "a member of the Civil Service" and substituting "an employee of the government"; and

(b) by striking out "him in discharging his" and substituting "the inspector in discharging the inspector's".

C.C.S.M. c. A180 amended

70(1)       The Auditor General Act is amended by this section.

70(2)       Subsection 6(2) is repealed.

70(3)       Subsection 8(1) is amended by striking out "in accordance with The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

70(4)       Subsection 22(1) is amended

(a) in the section heading, by striking out everything after "Staff"; and

(b) by striking out "in accordance with The Civil Service Act" and substituting "under section 58 of The Public Service Act".

C.C.S.M. c. C119 amended

71          Section 1 of The Civil Service Special Supplementary Severance Benefit Act (1983) is amended in the definition "special civil servant" by striking out "but who" and substituting "as it read immediately before it was repealed but who".

C.C.S.M. c. C120 amended

72(1)       The Civil Service Superannuation Act is amended by this section.

72(2)       Subsection 1(1) is amended

(a) by replacing the definition ""civil service" or "service"" with the following:

"civil service" or "service" means the core public service as that term is defined in The Public Service Act and any member, officer or employee of an agency of the government classified or designated under clause 2(1)(b) or deemed to be in the civil service under subsection 6(3); (« fonction publique »)

(b) in the definition "correctional officer", by striking out "within the meaning of The Civil Service Act" and substituting "of the government under The Public Service Act";

(c) in the definition "employee",

(i) by replacing clause (b) with the following:

(b) any person who, on or after July 1, 1960, is or became an employee within the meaning of The Civil Service Act as it read immediately before its repeal,

(b.1) any person who, on or after the coming into force of section 17 of The Public Service Act, is or becomes a core public service employee under that Act, and

(ii) by repealing clause (i); and

(d) in the definition "person employed full time", by adding "as it read immediately before its repeal" after "The Civil Service Act".

72(3)       Subsection 1(2) of the English version is amended by striking out "The Civil Service Act" wherever it occurs and substituting "The Public Service Act".

72(4)       Subsection 6(1.3) is amended by striking out "sections 7 and 10 of The Civil Service Act," and substituting "Part 3 of The Public Service Act".

72(5)       Subsections 21(8) and (9) are amended by striking out "Where, pursuant to The Civil Service Act or any practice established in an agency of the government," and substituting "If".

72(6)       Subsections 21.1(1) and (1.1) are amended by striking out "The Civil Service Act" and substituting "The Public Service Act".

72(7)       Subsection 35(1) is amended, in the part before clause (a)

(a) by adding "as it read immediately before it was repealed" after "The Civil Service Act"; and

(b) by adding "as that term was defined in The Civil Service Act as it read immediately before it was repealed" after "the province".

72(8)       Subsection 37(8) of the English version is amended, in the part before clause (a), by striking out "Civil Service" and substituting "Public Service".

72(9)       Section 62 of the English version is amended by striking out "Civil Service" wherever it occurs and substituting "Public Service".

C.C.S.M. c. C150.1 amended

73          Subsection 51(3) of The Colleges Act is amended by striking out "in the civil service" and substituting "appointed under Part 3 of The Public Service Act".

C.C.S.M. c. C175 amended

74(1)       The Conservation Districts Act is amended by this section.

74(2)       Section 1 is amended in the definition "co-ordinator" by striking out "a civil servant" and substituting "an employee of the government".

74(3)       Subsection 4(2) is amended by striking out "members of the civil service" and substituting "employees of the government".

74(4)       Section 12 is amended by striking out "a member of the civil service of the province" and substituting "an employee of the government".

C.C.S.M. c. C220 amended

75          Section 4 of The Co-operative Associations Loans and Loans Guarantee Act is amended by striking out "a civil servant" and substituting "an employee of the government".

C.C.S.M. c. C223 amended

76          Subsection 7(1) of The Cooperatives Act is amended by striking out "employed by the government under The Civil Service Act" and substituting "appointed under Part 3 of The Public Service Act".

C.C.S.M. c. C230 amended

77(1)       The Correctional Services Act is amended by this section.

77(2)       Subsection 1(1) is amended by striking out "and employed under The Civil Service Act" and substituting "under Part 3 of The Public Service Act" in the following provisions:

(a) clause (a) of the definition "correctional officer";

(b) clause (a) of the definition "facility head";

(c) clause (b) of the definition "staff member".

77(3)       Section 4 is amended by striking out "employed by the government under The Civil Service Act" and substituting "appointed under Part 3 of The Public Service Act".

77(4)       Subsection 17(4) is amended by striking out "members of the civil service" and substituting "employees of the government".

C.C.S.M. c. C275 amended

78(1)       The Provincial Court Act is amended by this section.

78(2)       Section 1 is amended

(a) by repealing the definition "civil servant"; and

(b) in the French version,

(i) in the definition « juge de paix », by striking out "provenant de la fonction publique" and substituting "employé par le gouvernement",

(ii) by repealing the definition « juge de paix provenant de la fonction publique », and

(iii) by adding the following definition:

« juge de paix employé par le gouvernement » Personne nommée à ce titre en vertu de l'article 40. ("staff justice of the peace")

78(3)       Subsection 4(1) of the English version is amended by striking out "The Civil Service Act" and substituting "The Public Service Act".

78(4)       Subsection 11.1(6) is amended by striking out "the civil service of".

78(5)       Clauses 32(3)(b) and 37(4)(b) are replaced with the following:

(b) an employee of the government;

78(6)       Section 38 is amended, in the part before clause (a), by striking out "civil service" and substituting "government".

78(7)       Subsection 40(2) of the French version is amended by striking out "provenant de la fonction publique" and substituting "employé par le gouvernement".

78(8)       Subsection 48(2) is replaced with the following:

Public Service Act does not apply

48(2)       A judicial justice of the peace is not subject to The Public Service Act but is entitled to

(a) leaves of absence and other benefits that are provided to employees of the government under Part 3 of The Public Service Act; and

(b) reimbursement for expenses in accordance with the policy that applies to employees of the government.

78(9)       The centred heading before section 50 of the French version is amended by striking out "PROVENANT DE LA FONCTION PUBLIQUE" and substituting "EMPLOYÉS PAR LE GOUVERNEMENT".

78(10)      Section 50 is amended

(a) by striking out "a civil servant" and substituting "an employee of the government"; and

(b) in the French version, by striking out "provenant de la fonction publique" wherever it occurs and substituting "employé par le gouvernement", with necessary grammatical changes.

78(11)      Section 51 of the French version is amended by striking out "provenant de la fonction publique" and substituting "employés par le gouvernement".

78(12)      Section 52 is replaced with the following:

Salary and benefits

52          As an employee of the government, a staff justice of the peace is entitled to the salary, leaves of absence and other benefits and expenses that are provided to employees of the government under Part 3 of The Public Service Act in accordance with the applicable collective agreement.

78(13)      Section 53 is amended

(a) in clause (a), by striking out "a civil servant" and substituting "an employee of the government";

(b) in clause (b), by striking out "the employing authority" and substituting "the deputy minister"; and

(c) in the French version, by striking out "provenant de la fonction publique" wherever it occurs and substituting "employé par le gouvernement".

78(14)       Clause 75(g) of the French version is amended by striking out "provenant de la fonction publique" and substituting "employés par le gouvernement".

C.C.S.M. c. C280 amended

79(1)       The Court of Queen's Bench Act is amended by this section.

79(2)       Clause 11.24(3)(c) is replaced with the following:

(c) an employee of the government.

79(3)       Subsection 11.28(1) is amended, in the part before clause (a), by striking out "a civil servant" and substituting "an employee of the government".

C.C.S.M. c. C301 amended

80          Clauses 77(2)(e), 147(2)(g) and 187(2)(c) of The Credit Unions and Caisses Populaires Act are amended by striking out "a civil servant" and substituting "an employee of the government".

C.C.S.M. c. D60 amended

81(1)       The Manitoba Development Corporation Act is amended by this section.

81(2)       Subsection 6(5) is amended by striking out "a member of the civil service" and substituting "an employee of the government".

81(3)       Subsection 11(2) is amended in the section heading by striking out "civil servants" and substituting "employees of the government or government agencies".

C.C.S.M. c. E30 amended

82(1)       The Elections Act is amended by this section.

82(2)       Subsection 24(1) is amended by striking out "in the civil service" and substituting "under The Public Service Act".

82(3)       Subsection 31(1) is amended by striking out "in accordance with The Civil Service Act" and substituting "under section 58 of The Public Service Act".

C.C.S.M. c. E80 amended

83(1)       The Emergency Measures Act is amended by this section.

83(2)       Subsection 2(2) is amended by striking out "in accordance with The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

83(3)       Subsection 17(4) is amended by striking out "civil servants" and substituting "employees of the government".

C.C.S.M. c. E110 amended

84(1)       The Employment Standards Code is amended by this section.

84(2)        Subsection 115(1) is replaced with the following:

Appointment

115(1)      A Director of Employment Standards must be appointed under Part 3 of The Public Service Act.

84(3)        Section 116 is amended by striking out everything before "as acting director" and substituting "An individual appointed under Part 3 of The Public Service Act may be designated".

C.C.S.M. c. E145 amended

85          Section 1 of The Essential Services Act (Government and Child and Family Services) is amended in clause (b) of the definition "collective agreement" by striking out "section 47 of The Civil Service Act" and substituting "section 24 of The Public Service Act".

C.C.S.M. c. E170 amended

86(1)       The Executive Government Organization Act is amended by this section.

86(2)       Subsection 11(1) is amended by striking out "as provided in The Civil Service Act" and substituting "in accordance with The Public Service Act".

86(3)       Subsection 11(2) is amended by striking out "The Civil Service Act" wherever it occurs and substituting "The Public Service Act".

C.C.S.M. c. F55 amended

87(1)        The Financial Administration Act is amended by this section.

87(2)       Section 1 is amended

(a) by repealing the definition "Comptroller"; and

(b) by adding the following definition:

"Provincial Comptroller" means the Provincial Comptroller appointed under subsection 13(1); (« contrôleur de la province »)

87(3)        Subsection 13(1) is replaced with the following:

Appointment of Provincial Comptroller

13(1)       Subject to approval by the Lieutenant Governor in Council, a person may be appointed under Part 3 of The Public Service Act as the Provincial Comptroller.

87(4)       Subsection 13(2) is amended, in the part before clause (a), by striking out "Comptroller" and substituting "Provincial Comptroller".

87(5)       Subsection 13(3) is amended

(a) in the part before clause (a), by striking out "Comptroller" and substituting "Provincial Comptroller"; and

(b) in subclause (b)(iii) of the French version, by striking out "des responsabilités du contrôleur" and substituting "de ses responsabilités".

87(6)       The following provisions are amended by striking out "Comptroller" and substituting "Provincial Comptroller":

(a) subsection 13(4);

(b) subsection 65(1) in the part before clause (a);

(c) subsection 65(3) in the part before clause (a).

C.C.S.M. c. F60 amended

88          Subsection 14(4) of The Firefighters and Paramedics Arbitration Act is repealed.

C.C.S.M. c. F175 amended

89          Subsection 58.3(2) of The Freedom of Information and Protection of Privacy Act is amended by striking out "in accordance with The Civil Service Act" and substituting "under section 58 of The Public Service Act".

C.C.S.M. c. G20 amended

90          Section 14.4 of The Garnishment Act is amended in the definition "collection officer" by striking out "employed under The Civil Service Act" and substituting "appointed under Part 3 of The Public Service Act".

C.C.S.M. c. H15 amended

91          Subsection 2(2) of The Manitoba Hazardous Waste Management Corporation Act is replaced with the following:

Corporation is government agency

2(2)        The corporation is a government agency within the meaning of The Financial Administration Act.

C.C.S.M. c. H26 amended

92          Sections 25 and 26 of The District Health and Social Services Act are repealed.

C.C.S.M. c. H38 amended

93          Subsection 2(4) of The Hearing Aid Act is amended by striking out "civil servants" and substituting "employees of the government".

C.C.S.M. c. H39.1 amended

94          Subsection 16(1) of The Heritage Resources Act is amended by striking out "Lieutenant Governor in Council" and substituting "minister".

C.C.S.M. c. H160 amended

95          Subsection 6(3) of The Housing and Renewal Corporation Act is amended by striking out ", who shall be appointed in accordance with The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. H190 amended

96          Section 43 of The Manitoba Hydro Act is amended

(a) in subsection (3), by striking out "agency of the government as that expression is defined in The Civil Service Act" and substituting "government agency as defined in The Financial Administration Act"; and

(b) in clause (4)(c), by striking out "agency of the government" and substituting "government agency".

C.C.S.M. c. I40 amended

97(1)       The Insurance Act is amended by this section.

97(2)       Subsection 2(1) is amended by striking out "as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

97(3)       Clause 41.8(f) is amended by striking out "a member of the civil service of Manitoba" and substituting "an employee of the government".

97(4)       Subsections 389.1(1) and (1.1) are amended by striking out "individual employed under The Civil Service Act" and substituting "employee of the government".

C.C.S.M. c. L10 amended

98(1)       The Labour Relations Act is amended by this section.

98(2)       The definition "director" in section 1 is amended by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

98(3)       Clause 4(3)(b) of the English version is replaced with the following:

(b) The Public Service Act;

98(4)       Subsection 68(5) of the English version is amended by striking out "The Civil Service Act" and substituting "The Public Service Act".

98(5)       Subsection 111(3) is repealed.

C.C.S.M. c. L12 amended

99          Subsection 10.1(1) of The Labour-Sponsored Venture Capital Corporations Act is amended, in the part before clause (a), by striking out "a civil servant" and substituting "an employee of the government".

C.C.S.M. c. L30 amended

100         Subsection 6(1) of The Lake of the Woods Control Board Act is amended by striking out "a member of the civil service of the province" and substituting "an employee of the government of Manitoba".

C.C.S.M. c. L40 amended

101         Section 5 of The Land Acquisition Act is amended by striking out "or employed as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. L80 amended

102         Subsection 7(1) of The Law Fees and Probate Charge Act is replaced with the following:

Fees for special examiner

7(1)        When an examination is taken by a special examiner who is not an employee of the government, the examiner may retain the fee for taking the examination for the examiner's own use.

C.C.S.M. c. L105 amended

103(1)      The Legal Aid Manitoba Act is amended by this section.

103(2)      Subsection 9(1) is amended by striking out "employed under The Civil Service Act" and substituting "appointed under Part 3 of The Public Service Act".

103(3)      Subsection 9(2) is replaced with the following:

Civil Service Superannuation Act applies

9(2)        The provisions of The Civil Service Superannuation Act, and the regulations made under that Act, apply to persons referred to in subsection (1).

103(4)      Subsection 9(3) is repealed.

C.C.S.M. c. L107 amended

104         Subclause 19(3)(a)(ii) of the English version of The Legal Profession Act is replaced with the following:

(ii) a government agency as defined in The Public Service Act other than Legal Aid Manitoba, or

C.C.S.M. c. L110 amended

105(1)      The Legislative Assembly Act is amended by this section.

105(2)      Subsection 16(2) is amended

(a) in the section heading, by striking out "under section 44 of Civil Service Act";

(b) by striking out "section 44 of The Civil Service Act" and substituting "section 37 or 38 of The Public Service Act"; and

(c) by striking out everything after "a member of the Legislature".

105(3)      The following is added after section 52.8 and before the centred heading after it:

Policies for constituency assistant staff

52.8.1      If the commissioner makes or has made a decision about the additional constituency allowance for access to service to constituents, then the management commission must establish, for the purpose of managing constituency assistant staff,

(a) guidelines for a code of conduct for members who are employers and their staff; and

(b) a respectful workplace policy, which must include a policy to address and prevent harassment, including sexual harassment and bullying.

C.C.S.M. c. L112 amended

106(1)      The Legislative Assembly and Executive Council Conflict of Interest Act is amended by this section.

106(2)      The definition "senior public servant" in subsection 1(1) is repealed.

106(3)      Section 18 is amended

(a) in subsection (1), by striking out "member, minister or senior public servant" wherever it occurs and substituting "member or minister"; and

(b) in subsection (2),

(i) in the section heading, by striking out "and public servants", and

(ii) by adding "and" at the end of clause (a), striking out "and" at the end of clause (b) and repealing clause (c).

106(4)      Section 19 is amended

(a) in subsection (1), by striking out "member, minister or senior public servant" wherever it occurs and substituting "member or minister"; and

(b) by replacing subsection (2) with the following:

Former ministers

19(2)       For purposes of subsection (1), "minister" includes a former minister for a period of one year following the date on which the minister leaves office.

106(5)      Sections 19.1 to 19.4 are amended by striking out "or senior public servant" and "or a senior public servant" wherever they occur.

106(6)      Section 29 is amended by striking out "member, minister or senior public servant" wherever it occurs and substituting "member or minister".

106(7)      Section 31.1 is repealed.

106(8)      Section 32 is amended by striking out ", other than a violation of sections 18, 19, 19.1, 19.2 or 19.3 by a senior public servant,".

C.C.S.M. c. L114 amended

107(1)      The Legislative Assembly Management Commission Act is amended by this section.

107(2)      Subsection 8(1) is amended by striking out "facilities of the Civil Service Commission" and substituting "services of the Public Service Commission".

107(3)      Subsection 8(2) is amended

(a) in clause (b), by striking out "the pay scales and classifications established under The Civil Service Act" and substituting "the classifications and rates of pay under Part 3 of The Public Service Act"; and

(b) by adding the following after clause (b):

The staff for the Assembly and for the Assembly offices have, as far as practical and possible, the rights, privileges and benefits of employees of the government.

107(4)      Subsection 8(3) is amended

(a) by striking out "practicable" and substituting "practical";

(b) by striking out "members of the civil service" and substituting "employees"; and

(c) by renumbering it as subsection 8(7).

107(5)      Subsection 8(4) is replaced with the following:

Staff under Civil Service Superannuation Act

8(4)        The Civil Service Superannuation Act applies to the staff for the Assembly and the staff of the Assembly offices.

107(6)      Subsection 8(5) is replaced with the following:

Code of conduct and action plan under Part 2 of Public Service Act

8(5)        Insofar as is practical and possible, the commission shall establish

(a) a code of conduct based on the values for an ethical public service as set out in section 4 of The Public Service Act; and

(b) an action plan for the delivery of services based on the values for an effective public service as set out in section 5 of The Public Service Act.

The code of conduct and action plan must be made available to the public in a form that the commission considers appropriate.

Complying with Part 3 of Public Service Act

8(6)        Insofar as is practical and possible, the commission shall comply with the provisions of Part 3 of The Public Service Act.

107(7)      Subsection 12(3) is amended by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

C.C.S.M. c. L153 amended

108         Subsection 11(2) of The Liquor, Gaming and Cannabis Control Act is amended

(a) in the section heading, by striking out "Civil Service Act" and substituting "Part 3 of Public Service Act"; and

(b) by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

C.C.S.M. c. L155 amended

109         Section 15 of The Manitoba Liquor and Lotteries Corporation Act is amended

(a) in the section heading, by striking out "Civil Service Act" and substituting "Part 3 of Public Service Act"; and

(b) by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

C.C.S.M. c. L178 amended

110         Clause 3(1)(c) of The Lobbyists Registration Act is replaced with the following:

(c) employees of the government of Manitoba;

C.C.S.M. c. L190 amended

111         Subsection 33(2) of The Local Government Districts Act is replaced with the following:

Status of secretary-treasurer

33(2)       The secretary-treasurer of a district shall not be replaced or discharged without the written consent of the minister; and if at the time he or she becomes secretary-treasurer by virtue of clause (1)(c) he or she is an employee of the government under The Public Service Act and a member of the civil service within the meaning of The Civil Service Superannuation Act, he or she does not cease to be such solely because he or she ceases to be resident administrator of the district.

C.C.S.M. c. M162 amended

112(1)      The Mines and Minerals Act is amended by this section.

112(2)      Subsection 6(2) is amended

(a) in the section heading, by striking out "Departmental appointments" and substituting "Appointment"; and

(b) by striking out everything after "as provided in" and substituting "section 33 of The Public Service Act, appoint a deputy minister".

112(3)      Subsection 6(3) is amended

(a) by striking out "A mining recorder," and substituting "An assistant deputy minister, a Director of Mines and a Director of the Geological Survey, a mining recorder, a"; and

(b) by striking out "as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. O34 amended

113         Subsection 11(1) of The Oil and Gas Act is replaced with the following:

Appointment of Director of Petroleum

11(1)       A Director of Petroleum shall be appointed under Part 3 of The Public Service Act for the purposes of this Act.

C.C.S.M. c. O45 amended

114(1)      The Ombudsman Act is amended by this section.

114(2)      Subsection 9(2) is amended

(a) by replacing the section heading with "Privileges and perquisites of the office";

(b) by striking out "not subject to The Civil Service Act except section 44 thereof which applies to him but he is"; and

(c) by striking out "a member of the civil service" and substituting "an employee of the government".

114(3)      Subsection 9(3) is replaced with the following:

Employees

9(3)        Persons employed under the Ombudsman must be appointed under section 58 of The Public Service Act.

C.C.S.M. c. O70 amended

115         Section 1 of The Optometry Act is amended in clause (a) of the definition "lay person" by striking out "civil servant within the meaning of The Civil Service Act" and substituting "an employee of the government".

C.C.S.M. c. P13 amended

116(1)      The Pay Equity Act is amended by this section.

116(2)      Section 1 is amended

(a) by repealing the definitions "arbitration board" and "association" and, in the English version only, the definition "commission";

(b) in the English version of the definition "bargaining agent", by striking out "clause 1(c)" and substituting "section 1";

(c) in the definition ""civil service" or "service"", by striking out "has been declared to apply, pursuant to subsection 2(3) of that Act" and substituting "had been declared to apply, pursuant to subsection 2(3) of that Act as that Act read immediately before its repeal,";

(d) in the definition "Crown entity", by adding "as that Act read immediately before its repeal" at the end;

(e) in clause (a) of the definition "external agency", by adding "or successor of a Health Care Facility" after "Facility";

(f) in the definition "Pay Equity Commissioner", by striking out "a member of the commission" and substituting "the person"; and

(g) in the definition "public sector employer", by striking out "the commission,".

116(3)      Section 5 is amended

(a) in subsection (1), by striking out "employed under The Civil Service Act" and substituting "appointed under The Public Service Act";

(b) in clause (2)(d), by striking out "commission" and substituting "Pay Equity Commissioner"; and

(c) in clause (3)(e),

(i) by striking out "from the commission" and substituting "from government departments", and

(ii) by striking out "and the commission," and substituting "and the government departments".

116(4)      Section 8 is amended

(a) in subsections (1) and (2), by striking out "and the commission"; and

(b) in clause (2)(b), by striking out "of the commission" and substituting "of the government";

(c) in subsection (3), by striking out "and the commission".

116(5)      Sections 9 to 11 are repealed.

116(6       ) Subsection 12(1) is amended by striking out "a member of the commission" and substituting "the Public Service Commissioner appointed under The Public Service Act".

116(7)      Subsection 12(2) is amended

(a) in the part before clause (a) of the English version, by striking out "The Civil Service Act" and substituting "The Public Service Act";

(b) in clause (a),

(i) in the part before subclause (i), by striking out "in consultation with the commission,",

(ii) in subclause (i), by striking out "by the commission", and

(iii) in subclause (ii),

(A) by striking out "employees of the commission and by administrators of", and

(B) by striking out "or orders made by an arbitration board"; and

(c) in clause (b),

(i) by striking out "the commission or", and

(ii) by striking out "clauses 5(3)(e) and 11(a)" and substituting "clause 5(3)(e)".

116(8)      Sections 14 to 16 are repealed.

116(9)      Clause 17(2)(b) is amended by striking out "and section 16".

116(10)     Subsection 18(2) is amended by striking out "other than subsections 10(7), (8) and (9),".

116(11)     Clause 18(3)(b) and subclause 19(b)(ii) are repealed.

C.C.S.M. c. P32 amended

117         Subsection 7(1) of The Pension Benefits Act is amended by striking out "employed as provided under The Civil Service Act" and substituting "appointed under Part 3 of The Public Service Act".

C.C.S.M. c. P35 amended

118         Subsection 42(2.3) of The Personal Property Security Act is amended by striking out "employed under The Civil Service Act" and substituting "appointed under Part 3 of The Public Service Act".

C.C.S.M. c. P90 amended

119(1)      The Plant Pests and Diseases Act is amended by this section.

119(2)      Subsection 2(1) is amended by striking out "as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

119(3)      Subsection 2(2) of the English version is amended in the section heading by striking out "civil" and substituting "public".

C.C.S.M. c. P215 amended

120(1)      The Manitoba Public Insurance Corporation Act is amended by this section.

120(2)      Subsection 13(1) is amended

(a) in the section heading of the English version, by striking out "not civil servants";

(b) by striking out "The Civil Service Act and"; and

(c) by striking out "members of the civil service of the Government of Manitoba" and substituting "employees of the government".

120(3)      Subsection 174.1(2) is amended by striking out "and employed by the government under The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. P250 amended

121         Clause 8(4)(a) of The Public Schools Act is replaced with the following:

(a) as an employee of the government; or

C.C.S.M. c. P265 amended

122(1)      The Public Sector Compensation Disclosure Act is amended by this section.

122(2)      Subsection 3.1(1) is replaced with the following:

Additional disclosure for political staff

3.1(1)      For each person appointed as political staff under subsection 59(1) of The Public Service Act, the minister must disclose to the public

(a) any employment contract or agreement the government enters into with the person; and

(b) the amount of any severance paid to the person, whether under a contract or agreement mentioned in clause (a) or agreed to separately by the government and the person.

122(3)      Clause 3.1(2)(a) is amended

(a) by striking out "secondment"; and

(b) by striking out "employee" and substituting "person".

122(4)      Subsection 3.1(4) is amended by striking out "an employee" and substituting "a person".

122(5)      Subsection 3.2(1) is amended

(a) in the section heading, by striking out "employee's";

(b) by striking out "an employee" and substituting "a person"; and

(c) by striking out "the employee" wherever it occurs and substituting "the person", with necessary grammatical changes.

122(6)      Clause 10(a.1) is repealed.

C.C.S.M. c. P270 amended

123(1)      The Public Servants Insurance Act is amended by this section.

123(2)      Section 1 is amended in clause (c) of the definition "public servant" by striking out "a member of the Civil Service of Manitoba" and substituting "an employee of the government".

123(3)      Section 16 of the English version is amended by striking out "Civil Service Commission" wherever it occurs and substituting "Public Service Commission".

123(4)      Section 17 of the English version is amended by striking out "members of the Civil Service" and substituting "employees of the government".

C.C.S.M. c. R30 amended

124(1)      The Real Property Act is amended by this section.

124(2)      Subsection 12(1) is amended by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

124(3)      Subsection 12.1(1) is amended by striking out "as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

124(4)      Clauses 13(4)(b) and 13.1(4)(b) are amended by striking out "employed under The Civil Service Act" and substituting "appointed under Part 3 of The Public Service Act".

C.C.S.M. c. R34 amended

125         Subsection 78(1) of The Regional Health Authorities Act is amended

(a) in the section heading, by striking out "in civil service"; and

(b) by striking out "in the civil service" and substituting "of the government".

C.C.S.M. c. R117 amended

126         Clause 146(a) of The Regulated Health Professions Act is replaced with the following:

(a) is an employee of the government or an employee of a government agency as defined in The Financial Administration Act; or

C.C.S.M. c. S100 amended

127          Clause 1(2)(b) of The Sheriffs Act is amended by striking out "as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. S185 amended

128         Subsection 8(1) of The Special Operating Agencies Financing Authority Act is replaced with the following:

Staff

8(1)        Such persons as the Financing Authority considers necessary for its purposes may be appointed under Part 3 of The Public Service Act, and the provisions of The Civil Service Superannuation Act apply to those employees.

C.C.S.M. c. S205 amended

129(1)      The Statistics Act is amended by this section.

129(2)      Subsection 4(2) is amended by striking out "in accordance with the provisions of The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

129(3)      Subsection 4(4) is amended

(a) by replacing the section heading with "Use of government employees"; and

(b) by striking out "in the civil service" and substituting "of the government".

C.C.S.M. c. S207 amended

130(1)      The Statutes and Regulations Act is amended by this section.

130(2)      Section 2 is replaced with the following:

Chief Legislative Counsel

2           A person entitled to practise law in Manitoba must be appointed under Part 3 of The Public Service Act as the chief legislative counsel. The appointment is subject to approval by the Lieutenant Governor in Council.

130(3)      The following provisions are amended by striking out "legislative counsel" and substituting "chief legislative counsel":

(a) subsection 5(1) wherever it occurs;

(b) subsection 6(1) in the part before clause (a);

(c) subsection 6(2) in the part before clause (a);

(d) section 7;

(e) subsection 23(1) in the part before clause (a);

(f) subsections 23(3) and (6);

(g) section 24 wherever it occurs;

(h) subsection 25(1);

(i) subsection 25(2) in the part before clause (a);

(j) subsection 25(3) in the part before clause (a);

(k) subsection 25(4);

(l) subsection 26(2)in the part before clause (a);

(m) clause 34(a).

C.C.S.M. c. T3 amended

131         Subsection 2(1) of The Tax Appeals Commission Act is amended by striking out "civil servants" and substituting "employees of the government".

C.C.S.M. c. T20 amended

132         Clause 3(c) of The Teachers' Pensions Act is amended by striking out "a member of the civil service of Manitoba under The Civil Service Act" wherever it occurs and substituting "an employee of the government".

C.C.S.M. c. V90 amended

133(1)      The Vulnerable Persons Living with a Mental Disability Act is amended by this section.

133(2)      Subsection 1(1) is amended in clause (b) of the definition "service provider" by striking out "under The Civil Service Act" and substituting "of the government".

133(3)      Section 29 is amended by striking out "in accordance with The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. W70 amended

134         Section 3 of The Water Resources Administration Act is amended by striking out "or employed as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. W170 amended

135(1)      The Manitoba Women's Advisory Council Act is amended by this section.

135(2)      Subsection 12(1) is amended by striking out everything after "council, shall" and substituting "be appointed under Part 3 of The Public Service Act".

135(3)      Subsection 12(2) is amended

(a) in the part before clause (a), by striking out "employed under subsection (1)"; and

(b) by adding "and" at the end of clause (b) and repealing clause (c).

135(4)      Section 13 is amended

(a) by striking out "employed under section 12"; and

(b) by striking out "employed under The Civil Service Act" and substituting "appointed under Part 3 of The Public Service Act".

C.C.S.M. c. W200 amended

136(1)      The Workers Compensation Act is amended by this section.

136(2)      Subsection 59(4) is amended by striking out "a member of the civil service of the province" and substituting "an employee of the government".

136(3)      Subsection 108(1) is amended by striking out "or employed as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

C.C.S.M. c. W210 amended

137         Subsection 14(4.1) of The Workplace Safety and Health Act is replaced with the following:

Appointment

14(4.1)     A Director of Workplace Safety and Health must be appointed under Part 3 of The Public Service Act.

S.M. 2015, c. 45 (unproclaimed provision amended)

138         Subsection 2(1) of The Real Estate Services Act, as enacted by S.M. 2015, c. 45, is amended by striking out "in accordance with The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

PART 11

REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Repeal

139         The Civil Service Act, R.S.M. 1987, c. C110, and the regulations under that Act, are repealed.

C.C.S.M. reference

140         This Act may be referred to as chapter P271 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

141         This Act comes into force on a day to be fixed by proclamation.

SCHEDULE

1           The following Acts are amended in the provisions listed opposite to the name of the Act by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

Name of Act Provision(s) amended
The Animal Care Act 1(1) — "director"
The Apprenticeship and Certification Act 1 — "executive director"
The Body Armour and Fortified Vehicle Control Act 1 — "director"
The Business Practices Act 10
The Civil Remedies Against Organized Crime Act 1(1) — "director"
The Conservation Officers Act 4
The Criminal Property Forfeiture Act 1 — "director"
19.7(1)
The Dairy Act 1(1) — "director"
The Energy Act 1 — "director"
The Executions Act 1(1) — "sheriff"
The Family Maintenance Act 52 — "designated officer"
The Forest Health Protection Act 1(1) — "director"
The Fortified Buildings Act 1(1) — "director"
The Francophone Community Enhancement and Support Act 6(3)
The International Education Act 24(1)
The Livestock and Livestock Products Act 1 — "director"
The Livestock Industry Diversification Act 1(1) — "director"
The Mental Health Act 114(1)
The Noxious Weeds Act 1 — "director"
The Peatlands Stewardship Act 40(1)
The Profits of Criminal Notoriety Act 1 — "director"
The Provincial Parks Act 1 — "director"
The Public Guardian and Trustee Act 4
The Red River Floodway Act 1 — "director"
The Safer Communities and Neighbourhoods Act 1(1) — "director"
The Witness Security Act 1 — "director"

2           The following Acts are amended in the provisions listed opposite to the name of the Act by striking out "in accordance with The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

Name of Act Provision(s) amended
The Accessibility for Manitobans Act 22(1)
The Agricultural Societies Act 2(1)
The Archives and Recordkeeping Act 3
The Climate and Green Plan Act 9(2)
The Community Renewal Act 12(1) and (2)
The Community Schools Act 8(3)
The Family Farm Protection Act 3(9)
The Farm Products Marketing Act 13
The Fires Prevention and Emergency Response Act 2(1)
3(1)
The Healthy Child Manitoba Act 14(1) and (3)
The Municipal Assessment Act 4
The Police Services Act 12
The Private Investigators and Security Guards Act 3(1)
The Social Services Appeal Board Act 7
The Surveys Act 15(1)

3           The following Acts are amended in the provisions listed opposite to the name of the Act by striking out "as provided in The Civil Service Act" and substituting "under Part 3 of The Public Service Act".

Name of Act Provision(s) amended
The Child and Family Services Act 3
The Construction Industry Wages Act 8
The Court of Appeal Act 9(1.1)
The Crown Attorneys Act 1
The Department of Justice Act 3
The Elderly and Infirm Persons' Housing Act 29
The Electoral Divisions Act 8(3)
The Electricians' Licence Act 10(1)
The Forest Act 5
The Government Air Service Act 3
The Government Purchases Act 3
The Highway Traffic Act 323(1)
The Legislative Library Act 5
The Milk Prices Review Act 13
The Municipal Board Act 8
The Police Services Act 3
The Public Libraries Act 5
The Public Schools Finance Board Act 6(1)
The Public Utilities Board Act 8
The Steam and Pressure Plants Act 20
The Surface Rights Act 6(13)
The Vital Statistics Act 26(1)
The Water Power Act 14(3)
The Wildlife Act 68(1)

4           The following unproclaimed Acts are amended in the provisions listed opposite to the name of the Act by striking out "The Civil Service Act" and substituting "Part 3 of The Public Service Act".

Name of Act Provision(s) amended
The Community Child Care Standards Amendment Act (Enhanced Powers Respecting Governance and Accountability), S.M. 2018, c. 7 5(1) as enacted by s. 5
The Emergency Medical Response and Stretcher Transportation Amendment Act,
S.M. 2017, c. 13
20.1(1) as enacted by s. 12
The Public Services Sustainability Act,
S.M. 2017, c. 24
3
The Technical Safety Act, S.M. 2015, c. 17 57
The Food Safety and Related Amendments Act, S.M. 2009, c. 8 1(1) — "director"

Explanatory Note

This Bill establishes The Public Service Act to provide a legislative framework for an ethical and effective public service for Manitoba.

The Act covers the entire public service, which is categorized as follows:

  • core public service — government department employees and senior leadership;
  • broader public service — Crown corporations, health organizations, post-secondary institutions, school districts and divisions, and other organizations included in the government's financial reports;
  • allied public service — staff for the Assembly offices and the constituency offices of members of the Assembly, staff for the officers of the Legislature and political staff.

The values for an ethical and effective public service are set out in law and supported by codes of conduct, action plans and workforce management policies to be established across the public service. An employers' council, ministerial directive power for broader public service employers, and consultation opportunities harmonize the delivery of public services in Manitoba.

For government departments, The Civil Service Act is replaced with a modern approach to workforce management. The key differences from the existing Act are as follows.

  • The Civil Service Commission is dissolved. The Public Service Commission is established as a branch of government whose administrative head is the Public Service Commissioner.
  • Deputy ministers and officers of the Legislature are given the statutory authority to make staffing decisions.
  • Only deputy ministers and certain specified positions require Cabinet approval for their appointment.
  • Individuals may be appointed by Cabinet as political staff to provide confidential and specialized advice.
  • The provisions for a joint council, the appointment of arbitration boards, and the statutory recognition of a representative association are eliminated.
  • Restrictions on the political activities of employees are updated and made more flexible. Their application is extended to municipal and school board elections. The leave of absence provisions for employees who are elected to public office are not carried forward.
  • The conflict of interest and post-employment restrictions for senior public executives are moved from The Legislative Assembly and Executive Council Conflict of Interest Act to this Act. The restrictions apply to the government and government agencies specified by regulation.

Amendments are made to several other statutes to standardize appointment and employment wording. The Civil Service Act is repealed.