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2nd Session, 42nd Legislature

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Bill 19

THE PUBLIC SERVICE ACT


Section Table of Contents
PART 1
INTRODUCTORY PROVISIONS
1(1) Definitions
(2) Reference to "Act" includes regulations
(3) Information notes and examples
2 Purpose
3(1) Application
(2) Core public service
(3) Broader public service
(4) Allied public service
PART 2
VALUES OF PUBLIC SERVICE
4 Values for an ethical public service
5 Values for an effective public service
PART 3
CORE PUBLIC SERVICE
6 Definition
7(1) Code of conduct and action plan
(2) Code and plan to be made public
WORKFORCE MANAGEMENT
8 Principles
9 Classification plan
10 Workforce management policies — minister
11(1) Required workforce management policies — commissioner
(2) Additional workforce management policies — commissioner
12(1) Employment terms and conditions set by regulation
(2) Employment terms and conditions for represented employees
13 Recruiting, selecting and appointing employees
14(1) Competitive process
(2) Merit re factors to consider
15(1) Limits on recruitment and selection
(2) Direct appointment
(3) Only one candidate
16 Oath or affirmation
17 Status as core public service employee
18 Compliance required
19 Disciplinary actions
20 Suspension for cause
21(1) Dismissal for cause
(2) Dismissal without cause
(3) Commissioner to be advised
22(1) Lay-off
(2) Commissioner to be advised
23 Matters dealt with by collective agreement
COLLECTIVE AGREEMENTS
24(1) Power to enter into collective agreement
(2) Certain employees may be excluded
ADMINISTRATION
25 Public Service Commission established
26(1) Public Service Commissioner appointed
(2) Duties
(3) Powers
(4) Evidence Act powers
27(1) Deputy minister responsible for department's workforce management
(2) Delegation
(3) Commissioner may exercise certain deputy minister's powers
28 Power to enter into agreement
29 Confidentiality
30(1) Annual report on state of core public service
(2) Tabling report in the Assembly
REGULATIONS
31 Regulations by LG in C
PART 4
SENIOR LEADERSHIP —
32(1) Clerk of Executive Council
(2) Appointment by LG in C
33(1) Deputy minister of a department
(2) Appointment by LG in C
(3) Duties, functions and powers
(4) Absence of deputy minister
PART 5
POLITICAL ACTIVITIES OF
34 Definitions
35 Purpose
36(1) Permitted activities
(2) Regulations
(3) Factors
37(1) Candidacy before election period
(2) Granting leave
38(1) Candidacy during federal or provincial election period
(2) Granting leave
39(1) Candidacy during municipal or school board election
(2) Granting leave
40 Effect of election on federal or provincial elected representative
41 Deputy ministers
PART 6
CONFLICT OF INTEREST AND
42 Definitions
43 Senior public executives
44 Insider information
45(1) Use of influence
(2) Application
46(1) No contracts or benefits
(2) Routine services exempted
47 No acting or advising
48(1) Application
(2) No participation in employer's dealings
49 Employment with another government
50(1) Restitution
(2) No additional action by government or government agency
(3) Limit on third party restitution order
(4) Limitation period
51(1) Offence and penalty
(2) Restitution
PART 7
BROADER PUBLIC SERVICE
52 Purpose
53 Consultation and collaboration
54(1) Code of conduct and action plan
(2) Code and plan to be made public
(3) Principles
55(1) Directive issued to specific employer
(2) Directive may differ
(3) Employer must comply
(4) Directives must be made public
PART 8
ALLIED PUBLIC SERVICE
THE LEGISLATIVE ASSEMBLY
56(1) Appointment of Clerk of the Legislative Assembly
(2) Civil Service Superannuation Act applies
57(1) Legislative Assembly staff
(2) Commissioner may provide assistance
58(1) Staff for officers of the Legislature
(2) Officers of the Legislature responsible for workforce management
(3) Code of conduct and action plan
(4) Code and plan to be made public
(5) Status
(6) Staff entitled to same rights and benefits as core public service
(7) Commissioner may provide workforce management assistance
(8) Political activities
POLITICAL STAFF
59(1) Appointment of political staff
(2) Terms and conditions of employment
(3) Oath or affirmation
60(1) Code of conduct
(2) Compliance required
PART 9
GENERAL PROVISIONS
61(1) Regulations — LG in C
(2) Regulations — minister
(3) General or specific
62 Protection from liability
63 Crown bound
TRANSITIONAL PROVISIONS
64(1) Transition from former Act to new Act
(2) Civil service to public service
(3) Position not within the core public service
(4) Civil Service Commission
(5) Appeal to commission
(6) Collective agreements
(7) Leave of absence without pay for elected representative
(8) Effect of enactment
(9) Effect on Civil Service Superannuation Act
(10) Reference in other Acts to employees
(11) Regulations
PART 10
RELATED AND CONSEQUENTIAL
AMENDMENTS
65 Amendments in Schedule
66(1) C.C.S.M. c. A4 amended
(2)
(3)
25(1) Appointment of registrar
(4)
67(1) C.C.S.M. c. A6.7 amended
(2)
(3)
(4)
(3) Employees
(5)
(6)
68 C.C.S.M. c. A40
69(1) C.C.S.M. c. A85 amended
(2)
(3)
(4)
70(1) C.C.S.M. c. A180 amended
(2)
(3)
(4)
71 C.C.S.M. c. C119 amended
72(1) C.C.S.M. c. C120 amended
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
73 C.C.S.M. c. C150.1 amended
74(1) C.C.S.M. c. C175 amended
(2)
(3)
(4)
75 C.C.S.M. c. C220 amended
76 C.C.S.M. c. C223 amended
77(1) C.C.S.M. c. C230 amended
(2)
(3)
(4)
78(1) C.C.S.M. c. C275 amended
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(2) Public Service Act does not apply
(9)
(10)
(11)
(12)
52 Salary and benefits
(13)
(14)
79(1) C.C.S.M. c. C280 amended
(2)
(3)
80 C.C.S.M. c. C301 amended
81(1) C.C.S.M. c. D60 amended
(2)
(3)
82(1) C.C.S.M. c. E30 amended
(2)
(3)
83(1) C.C.S.M. c. E80 amended
(2)
(3)
84(1) C.C.S.M. c. E110 amended
(2)
115(1) Appointment
(3)
85 C.C.S.M. c. E145 amended
86(1) C.C.S.M. c. E170 amended
(2)
(3)
87(1) C.C.S.M. c. F55 amended
(2)
(3)
13(1) Appointment of Provincial Comptroller
(4)
(5)
(6)
88 C.C.S.M. c. F60 amended
89 C.C.S.M. c. F175 amended
90 C.C.S.M. c. G20 amended
91 C.C.S.M. c. H15 amended
(2) Corporation is government agency
92 C.C.S.M. c. H26 amended
93 C.C.S.M. c. H38 amended
94 C.C.S.M. c. H39.1 amended
95 C.C.S.M. c. H160 amended
96 C.C.S.M. c. H190 amended
97(1) C.C.S.M. c. I40 amended
(2)
(3)
(4)
98(1) C.C.S.M. c. L10 amended
(2)
(3)
(4)
(5)
99 C.C.S.M. c. L12 amended
100 C.C.S.M. c. L30 amended
101 C.C.S.M. c. L40 amended
102 C.C.S.M. c. L80 amended
7(1) Fees for special examiner
103(1) C.C.S.M. c. L105 amended
(2)
(3)
(2) Civil Service Superannuation Act applies
(4)
104 C.C.S.M. c. L107 amended
105(1) C.C.S.M. c. L110 amended
(2)
(3)
52.8.1 Policies for constituency assistant staff
106(1) C.C.S.M. c. L112 amended
(2)
(3)
(4)
(2) Former ministers
(5)
(6)
(7)
(8)
107(1) C.C.S.M. c. L114 amended
(2)
(3)
(4)
(5)
(4) Staff under Civil Service Superannuation Act
(6)
(5) Code of conduct and action plan under Part 2 of Public Service Act
(6) Complying with Part 3 of Public Service Act
(7)
108 C.C.S.M. c. L153 amended
109 C.C.S.M. c. L155 amended
110 C.C.S.M. c. L178 amended
111 C.C.S.M. c. L190 amended
(2) Status of secretary-treasurer
112(1) C.C.S.M. c. M162 amended
(2)
(3)
113 C.C.S.M. c. O34 amended
11(1) Appointment of Director of Petroleum
114(1) C.C.S.M. c. O45 amended
(2)
(3)
(3) Employees
115 C.C.S.M. c. O70 amended
116(1) C.C.S.M. c. P13 amended
(2)
(3)
(4)
(5)
(6
(7)
(8)
(9)
(10)
(11)
117 C.C.S.M. c. P32 amended
118 C.C.S.M. c. P35 amended
119(1) C.C.S.M. c. P90 amended
(2)
(3)
120(1) C.C.S.M. c. P215 amended
(2)
(3)
121 C.C.S.M. c. P250 amended
122(1) C.C.S.M. c. P265 amended
(2)
3.1(1) Additional disclosure for political staff
(3)
(4)
(5)
(6)
123(1) C.C.S.M. c. P270 amended
(2)
(3)
(4)
124(1) C.C.S.M. c. R30 amended
(2)
(3)
(4)
125 C.C.S.M. c. R34 amended
126 C.C.S.M. c. R117 amended
127 C.C.S.M. c. S100 amended
128 C.C.S.M. c. S185 amended
8(1) Staff
129(1) C.C.S.M. c. S205 amended
(2)
(3)
130(1) C.C.S.M. c. S207 amended
(2)
2 Chief Legislative Counsel
(3)
131 C.C.S.M. c. T3 amended
132 C.C.S.M. c. T20 amended
133(1) C.C.S.M. c. V90 amended
(2)
(3)
134 C.C.S.M. c. W70 amended
135(1) C.C.S.M. c. W170 amended
(2)
(3)
(4)
136(1) C.C.S.M. c. W200 amended
(2)
(3)
137 C.C.S.M. c. W210 amended
(4.1) Appointment
138 S.M. 2015, c. 45 (unproclaimed provision amended)
REPEAL, C.C.S.M. REFERENCE AND
139 Repeal
140 C.C.S.M. reference
141 Coming into force
SCHEDULE
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