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S.M. 2021, c. 11
Bill 3, 3rd Session, 42nd Legislature
The Public Service Act
Table of Contents
| PART 1 | ||
| INTRODUCTORY PROVISIONS | ||
| 1 | Definitions | |
| (2) | Reference to "Act" includes regulations | |
| (3) | Information notes and examples | |
| 2 | Purpose | |
| 3 | 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 | 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 | Required workforce management policies — commissioner | |
| (2) | Additional workforce management policies — commissioner | |
| 12 | Employment terms and conditions set by regulation | |
| (2) | Employment terms and conditions for represented employees | |
| 13 | Recruiting, selecting and appointing employees | |
| 14 | Competitive process | |
| (2) | Merit re factors to consider | |
| 15 | 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 | |
| 20 | Suspension for cause | |
| 21 | Dismissal for cause | |
| (2) | Dismissal without cause | |
| (3) | Commissioner to be advised | |
| 22 | Lay-off | |
| (2) | Commissioner to be advised | |
| 23 | Matters dealt with by collective agreement | |
| COLLECTIVE AGREEMENTS | ||
| 24 | Power to enter into collective agreement | |
| (2) | Certain employees may be excluded | |
| ADMINISTRATION | ||
| 25 | Public Service Commission established | |
| 26 | Public Service Commissioner appointed | |
| (2) | Duties | |
| (3) | Powers | |
| (4) | Evidence Act powers | |
| 27 | 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 | 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 — CORE PUBLIC SERVICE |
||
| 32 | Clerk of Executive Council | |
| (2) | Appointment by LG in C | |
| 33 | 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 CORE PUBLIC SERVICE EMPLOYEES |
||
| 34 | Definitions | |
| 35 | Purpose | |
| 36 | Permitted activities | |
| (2) | Regulations | |
| (3) | Factors | |
| 37 | Candidacy before election period | |
| (2) | Granting leave | |
| 38 | Candidacy during federal or provincial election period | |
| (2) | Granting leave | |
| 39 | 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 POST-EMPLOYMENT RESTRICTIONS FOR SENIOR PUBLIC EXECUTIVES |
||
| 42 | Definitions | |
| 43 | Senior public executives | |
| 44 | Insider information | |
| 45 | Use of influence | |
| (2) | Application | |
| 46 | No contracts or benefits | |
| (2) | Routine services exempted | |
| 47 | No acting or advising | |
| 48 | Application | |
| (2) | No participation in employer's dealings | |
| 49 | Employment with another government | |
| 50 | Restitution | |
| (2) | No additional action by government or government agency | |
| (3) | Limit on third party restitution order | |
| (4) | Limitation period | |
| 51 | Offence and penalty | |
| (2) | Restitution | |
| PART 7 | ||
| BROADER PUBLIC SERVICE | ||
| 52 | Purpose | |
| 53 | Consultation and collaboration | |
| 54 | Code of conduct and action plan | |
| (2) | Code and plan to be made public | |
| (3) | Principles | |
| 55 | 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 | Appointment of Clerk of the Legislative Assembly | |
| (2) | Civil Service Superannuation Act applies | |
| 57 | Legislative Assembly staff | |
| (2) | Commissioner may provide assistance | |
| 58 | 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 | Appointment of political staff | |
| (2) | Terms and conditions of employment | |
| (3) | Oath or affirmation | |
| 60 | Code of conduct | |
| (2) | Compliance required | |
| PART 9 | ||
| GENERAL PROVISIONS | ||
| 61 | Regulations — LG in C | |
| (2) | Regulations — minister | |
| (3) | General or specific | |
| 62 | Protection from liability | |
| 63 | Crown bound | |
| TRANSITIONAL PROVISIONS | ||
| 64 | 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) | Exception — appeal to commission | |
| (8) | Reference to commission in collective agreement | |
| (9) | Leave of absence without pay for elected representative | |
| (10) | Effect of enactment | |
| (11) | Effect on Civil Service Superannuation Act | |
| (12) | Reference in other Acts to employees | |
| (13) | Regulations | |
| PART 10 | ||
| RELATED AND CONSEQUENTIAL AMENDMENTS |
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| 65 | Amendments in Schedule | |
| 66 | C.C.S.M. c. A4 amended | |
| 67 | C.C.S.M. c. A6.7 amended | |
| 68 | C.C.S.M. c. A40 | |
| 69 | C.C.S.M. c. A85 amended | |
| 70 | C.C.S.M. c. A180 amended | |
| 71 | C.C.S.M. c. C119 amended | |
| 72 | C.C.S.M. c. C120 amended | |
| 73 | C.C.S.M. c. C150.1 amended | |
| 74 | C.C.S.M. c. C175 amended | |
| 75 | C.C.S.M. c. C220 amended | |
| 76 | C.C.S.M. c. C223 amended | |
| 77 | C.C.S.M. c. C230 amended | |
| 78 | C.C.S.M. c. C275 amended | |
| 79 | C.C.S.M. c. C280 amended | |
| 80 | C.C.S.M. c. C301 amended | |
| 81 | C.C.S.M. c. D60 amended | |
| 82 | C.C.S.M. c. E30 amended | |
| 83 | C.C.S.M. c. E80 amended | |
| 84 | C.C.S.M. c. E110 amended | |
| 85 | C.C.S.M. c. E145 amended | |
| 86 | C.C.S.M. c. E170 amended | |
| 87 | C.C.S.M. c. F55 amended | |
| 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 | |
| 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 | C.C.S.M. c. I40 amended | |
| 98 | C.C.S.M. c. L10 amended | |
| 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 | |
| 103 | C.C.S.M. c. L105 amended | |
| 104 | C.C.S.M. c. L107 amended | |
| 105 | C.C.S.M. c. L110 amended | |
| 106 | C.C.S.M. c. L112 amended | |
| 107 | C.C.S.M. c. L114 amended | |
| 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 | |
| 112 | C.C.S.M. c. M162 amended | |
| 113 | C.C.S.M. c. O34 amended | |
| 114 | C.C.S.M. c. O45 amended | |
| 115 | C.C.S.M. c. O70 amended | |
| 116 | C.C.S.M. c. P13 amended | |
| 117 | C.C.S.M. c. P32 amended | |
| 118 | C.C.S.M. c. P35 amended | |
| 119 | C.C.S.M. c. P90 amended | |
| 120 | C.C.S.M. c. P215 amended | |
| 121 | C.C.S.M. c. P250 amended | |
| 122 | C.C.S.M. c. P265 amended | |
| 123 | C.C.S.M. c. P270 amended | |
| 124 | C.C.S.M. c. R30 amended | |
| 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 | |
| 129 | C.C.S.M. c. S205 amended | |
| 130 | C.C.S.M. c. S207 amended | |
| 131 | C.C.S.M. c. T3 amended | |
| 132 | C.C.S.M. c. T20 amended | |
| 133 | C.C.S.M. c. V90 amended | |
| 134 | C.C.S.M. c. W70 amended | |
| 135 | C.C.S.M. c. W170 amended | |
| 136 | C.C.S.M. c. W200 amended | |
| 137 | C.C.S.M. c. W210 amended | |
| 138 | S.M. 2015, c. 45 (unproclaimed provision amended) | |
| PART 11 | ||
| REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE |
||
| 139 | Repeal | |
| 140 | C.C.S.M. reference | |
| 141 | Coming into force | |
| SCHEDULE | ||