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 |
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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 |
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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 |
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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 |
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139 | Repeal | |
140 | C.C.S.M. reference | |
141 | Coming into force | |
SCHEDULE |