as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. C110
The Civil Service Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"agency of the government" means any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which,
(a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council; or
(b) if not so appointed, are, in the discharge of their duties, public officers or servants of the Crown, or, for the proper discharge of their duties are, directly or indirectly, responsible to the Crown; ("organisme gouvernemental")
"appointment" means an appointment to a position; ("nomination")
"association" means the association commonly known as the Manitoba Government Employees' Association as long as its membership includes a majority of those persons
(a) to whom The Civil Service Superannuation Act applies; and
(i) are employed under this Act, or
(ii) are employed other than under this Act in or under a department or branch of the executive government of the province, not including any agency of the government;
or, where the membership of the association commonly known as the Manitoba Government Employees' Association does not include a majority of such persons, means that association or such other association or organization as may be recognized by the minister having the administration of this Act as the association or organization representing the members of the civil service; ("Association")
"civil service" means the employees of the government in positions, appointments, or employments, now existing or hereafter created, including the members of any agency of the government to whom, or the employees of any agency of the government to whom, any provision of this Act has been declared to apply under subsection (2), or both such members and such employees, but does not include
(a) officers of elections and election employees employed in that capacity only, other than the Chief Electoral Officer;
(b) the Sergeant-at-Arms of the Legislative Assembly, page-boys, ushers, such temporary and clerical assistance as may be provided for members of the assembly, and clerical employees of the assembly, other than the Clerk of the Legislative Assembly;
(c) persons employed to make or conduct a temporary and special inquiry, investigation or examination, on behalf of the assembly or the government;
(d) persons who are patients or inmates in a provincial institution and who help in the work of the institution;
(e) any person paid by fees or hired on a special contractual basis or as an independent contractor; and
(f) secretaries of ministers, other than any person designated as a member of the service pursuant to subsection 18(1) and other than any person who is a member of the service at the time of his appointment as a secretary of a minister; ("fonction publique")
"class" or "class of position" means a group of positions involving duties and responsibilities so similar that the same or like qualifications may reasonably be required for, and the same schedule or grade of pay can be reasonably applied to, all positions in the group; ("classe" ou "classe d'emploi")
"commission" means the Civil Service Commission continued under this Act; ("Commission")
"department" means a department of the executive government of the province; ("ministère")
"eligible person" means a person who has passed an employment or promotion examination or is on a re-employment list; ("personne admissible")
"employee" means a person employed in a position in the civil service; ("employé")
"employing authority" means
(a) in respect of a department
(i) the minister presiding over a department, or
(ii) the deputy minister, or
(iii) any person designated by the minister to act as employing authority in respect of the department on behalf of the minister;
(b) in respect of persons employed under the Provincial Auditor, the Provincial Auditor; and
(c) in respect of an agency of the government, the person, officer, board, commission, corporation, association, agency, or other body, who or which, under any Act respecting that agency of the government, may appoint or employ staff for that agency; ("responsable du personnel")
"employment examination" means an examination conducted by the commission for positions in a particular class, admission to which is not limited to persons already employed in the civil service; ("examen d'admission")
"employment list" means a list of persons who have passed an employment examination: ("liste d'admissibilité")
"grade of pay" means a series of rates of remuneration for a class that provides for a minimum rate, a maximum rate, and such intermediate rates as may be considered necessary to permit periodic increases in remuneration; ("échelle de salaire")
"joint council" means the council for the establishment of which provision is made in section 46; ("conseil mixte")
"lay-off" means to remove from a position or employment subject to the employee retaining such rights under this Act as are set out in section 19; ("mettre à pied")
"list" means an employment list, a promotion list, or a re-employment list, as the case may be, established and maintained by the commission as provided herein: ("liste")
"merit increase" means an increase in the rate of pay of an employee within the grade of pay granted as provided in this Act and the regulations in recognition of satisfactory service; ("augmentation au mérite")
"minister" means a minister of the Crown; ("ministre")
"part-time employee" means a person employed for irregular hours of duty or for specific intermittent periods, or both, during a day, week or month, and whose services are not required for the normal work day, week, or month, as the case may be; ("employé à temps partiel")
"position" means a position of employment with the government or with an agency of the government, the person employed for which is a member of the civil service: ( "poste")
"promotion" means a change of employment from one position to another having a higher maximum salary: ("promotion")
"promotion examination" means an examination conducted by the commission for positions in a particular class, admission to which is limited to employees in the civil service or persons on the re-employment list; ("examen de promotion")
"promotion list" means a list of persons who have passed a promotion examination for a particular class; ("liste de promotion")
"re-employment list" means a list of persons eligible for appointment to positions in some particular class by reason of their having been laid off from positions in that same class; ("liste de rappel" )
"seasonal employment" means employment the nature of which is such that it is not continuous through the year but recurs in successive years; ("emploi saisonnier")
"service" means civil service; ("service")
"technical officer" means a person holding a position that has been designated in the regulations as that of a technical officer; ("détenteur d'un poste spécial")
"transfer" means the removal of an employee from a position in a class and appointing him to another position in the same class or to another position in a different class having the same maximum rate of pay. ("mutation")
No provision of this Act applies to any agency of the government or to the members or to the employees thereof, or to any one or more of them unless the Lieutenant Governor in Council has declared that the provision applies to the agency, the members or the employees and a declaration made under this subsection may be made effective retroactively to a day not more than one year earlier than the day on which the declaration is made.
Where, under The Civil Service Act as it was prior to the coming into force of this Act, a provision of that Act was brought into force with respect to an agency of the government, the members of an agency of the government or the employees of an agency of the government, the provision of this Act, if any, that corresponds to the provision of that Act that was so brought into force, shall be deemed to have been declared to apply to that agency of the government, the members of that agency of the government or employees of that agency of the government, or to the agency and the members and employees thereof, as the case may be.
Except as herein otherwise provided, and unless explicitly provided to the contrary in another Act, this Act applies,
(a) to every position, appointment, employment, post, or occupation, with the government or with an agency of the government; and
(b) to every person appointed thereto or employed therein.
The Lieutenant Governor in Council or an employing authority may employ a person on a special contract basis or as an independent contractor subject to such terms and conditions as may be prescribed in the Order in Council or in the special contract entered into by the person and the government.
The commission known as: " The Civil Service Commission", consisting of not less than three or more than seven commissioners appointed by the Lieutenant Governor in Council. one of whom shall be designated by the Lieutenant Governor in Council as chairman of the commission is continued.
The Lieutenant Governor in Council may provide that any one or more of the members of the commission shall be required to devote to the business of the commission only such part of his or their time as is prescribed in the order.
Any member of the commission who is required to devote his full time to the business of the commission is a member of the civil service and an employee within the meaning of The Civil Service Superannuation Act.
In case of a vacancy in the membership of the commission, or the absence of a commissioner or his inability to act, the remaining commissioners or commissioner shall exercise the powers of the commission; and, if the vacancy is in the office of the chairman, or if he is absent or unable to act, anything required or authorized to be done by the chairman may be done by either of the other commissioners.
A commissioner shall hold office during good behaviour, and the Lieutenant Governor in Council may remove him only on an address of the assembly carried by a vote of two-thirds of the members voting thereon; but the Lieutenant Governor in Council may suspend him from office for cause.
Where a commissioner is suspended, unless the suspension is sooner rescinded, the minister having the administration of this Act shall
(a) before the end of the current session of the Legislature, if it is in session at the time of the suspension; or
(b) before the close of the next session of the Legislature, if it is not in session at the time of the suspension;
bring the matter before the assembly by way of a resolution for its consideration and action thereon.
A member of the commission, other than a member who is an employee in the civil service, may be paid such remuneration and out-of-pocket expenses incurred by him and a member of the commission who is an employee in the civil service may be paid such out-of-pocket expenses, incurred by him in the performance of his duties as a member of the commission as may be approved by the Lieutenant Governor in Council.
Three members of the commission constitute a quorum thereof for the transaction of any business by the commission.
Any three members of the commission may sit simultaneously or at different times and at different places, as the commission, to consider and determine any matter within the jurisdiction of the commission; and any decision of those members shall be deemed to be a decision of the commission.
Subject as may be otherwise herein provided the commission shall
(a) apply and carry out this Act and the regulations;
(b) select and appoint civil servants, and be responsible for their promotion and transfer;
(c) advise the minister having the administration of this Act on problems concerning personnel administration;
(d) of its own motion or upon request of the Lieutenant Governor in Council investigate and report on
(i) the operation of this Act,
(ii) the violation of any provision of this Act or of the regulations,
(iii) any alleged impersonation, fraudulent practices, or irregularities in connection with any examination held by, or under the authority of, the commission;
and, on the request of a minister or the chief officer of an agency of the government to which this Act applies, investigate and report to him upon any personnel matter relating to his department or to the agency of the government;
(e) subject as herein provided, appoint such employees as may be necessary to carry out this Act;
(f) perform such other duties and functions as may be assigned to it by this Act or any other Act of the Legislature or by the Lieutenant Governor in Council.
Where under this Act the commission is authorized or required to make a report, the report shall, unless otherwise specifically provided, be made to the minister having the administration of this Act.
The commission may from time to time delegate its power or authority to sign any document, paper, minutes or instrument to such persons as it deems advisable.
A person may be employed in the civil service in any one of the following categories of employment:
The categories of employment mentioned in subsection (4) are defined as follows:
(a) Regular employment applies to an employee who carries out and occupies a continuing function in a departmental program and who has all the rights and privileges of permanent status.
(b) Temporary employment applies to an employee who is employed for an assignment of a temporary nature as defined in the regulations.
(c) Departmental employment applies to employees in certain departments as they are defined under a separate collective agreement with respect to their pay and working conditions.
For the purpose of any investigation held or appeal heard pursuant to this Act, the commission shall have the like protection, powers, and privileges, as are given to commissioners appointed under Part V of The Manitoba Evidence Act.
The commission shall make regulations establishing a classification plan for all positions in the civil service and may likewise make regulations amending the plan as may be required.
The classifications set out in the classification plan shall be based upon similarity of duties performed and responsibilities assumed; so that under the plan the same or like qualifications may reasonably be required for, and the same schedule of pay may reasonably be applied to, all positions in the same class.
The classification plan shall set forth, for each class of position, the title of the class and specify the duties and responsibilities thereof.
In establishing the classification plan the commission shall, as far as possible, indicate in the class title of a class of position, the nature and character of the duties and responsibilities thereof.
The class titles set forth in the classification plan shall be used to refer to classifications of positions in all records and communications of, or directed to, the commission, the Provincial Auditor and the Lieutenant Governor in Council and in all legislative returns and appropriations.
Subsection (5) does not preclude the use of titles other than class titles for departmental purposes or for recruiting, or negotiating appointments with, candidates for positions if the use of such other titles facilitates communication with the public.
No class title already used in the classification plan in respect of a class of positions shall be used in respect of any other class of positions.
The specifying of duties and responsibilities of a class in the classification plan does not affect the duties or responsibilities placed on an employee under a statute, or the powers of an employing authority to control and direct the work of an employee under its jurisdiction.
The standards for the classification of positions shall be determined solely by the nature of the duties and responsibilities of the positions, and shall not be altered for the purpose of adjusting rates of compensation.
The standards of qualification for a class of positions shall be the minimum requirements for the position but for the purpose of selecting persons to fill the position the commission may establish higher standards of qualifications.
The employing authority shall define the duties and responsibilities to be assigned to each position under its jurisdiction, and shall provide the commission with such particulars of the duties and responsibilities thereof as, in the opinion of the commission, are necessary to classify the position.
Subject to subsection (3) where a change is made in classification of a position, the appointment of the incumbent of the position terminates, and the commission shall make a new appointment.
The pay of an employee whose classification is changed shall be determined in accordance with the classification to which he is assigned, but in no case shall the pay be higher than the maximum pay for the new assigned classification unless otherwise approved by the Lieutenant Governor in Council.
Where, as a result of a re-assignment of duties and responsibilities, a position is reclassified to a class having a higher maximum salary, if, in the opinion of the commission, the incumbent of the position has the necessary qualifications and satisfactorily performs the duties of the position, the commission shall promote the incumbent, without competition, to the new classification of the position.
The Lieutenant Governor in Council may make regulations establishing a pay plan for employees in the civil service; and may likewise make regulations amending the pay plan as may be required.
The commission may make, and may amend, regulations covering the administration of the pay plan established under subsection (1).
The pay plan shall set out for each class
(a) a minimum rate of pay;
(b) a maximum rate of pay; and
(c) such intermediate rates of pay as are considered necessary to permit periodic increases in remuneration as rewards for satisfactory service;
unless, in the opinion of the Lieutenant Governor in Council, such variety of rates is unnecessary.
Where minimum, maximum and intermediate rates of pay are set out in the pay plan for a class, the rate of pay of each employee in that class may, if the employing authority reports that a merit increase is granted to the employee, increase progressively, as provided in the regulations, until the maximum rate of pay for the class is reached.
Every employee shall receive a rate of pay in accordance with the position to which he is appointed.
The rate of pay of an employee whose position is changed shall be determined on the basis of promotion, transfer, or reclassification to a position having a lower maximum rate of pay; but in no case shall the employee be paid at a rate of pay for his new position that is higher than the maximum rate of pay for that position.
Subject to subsection (4), where the position of an employee is changed by promotion, transfer, reclassification to a position having a lower maximum rate of pay, or by amendment to the pay plan, the anniversary date upon which the employee may be granted a merit increase does not change.
Where, on a promotion or a transfer an employee receives an increase in rate of pay equivalent to two or more merit increases, the anniversary date on which the employee may be granted his next merit increase shall be determined in accordance with the regulations as if he were a new employee as of the effective date of the promotion or transfer.
Where an employee is promoted to another position, he shall be paid at a rate of pay set out for that position in the pay plan that is, if possible, one full merit increase more than the rate of pay he was being paid in his former position.
Where an employee is transferred to a new position, he shall be paid at a rate of pay set out for that position in the pay plan that is, if possible, not less than the rate of pay he was being paid in his former position, but not exceeding the rate of pay for the new position that is immediately higher than the rate of pay he was being paid in his former position.
Where an employee is demoted for other than disciplinary reasons, he shall be paid at a rate set out for the new classification in the pay plan to which he was demoted that is the same as the rate he was being paid in his former classification, and if there is no such rate set out for the new classification, he shall be paid at the rate set out for that new classification that is next lower than the rate at which he was being paid in his former classification; and the rate of pay of that employee shall in no case exceed the maximum rate of pay applicable to the new classification unless otherwise approved by the Lieutenant Governor in Council.
Subject to subsection 14(3), the commission shall determine the rate of pay to be paid to each member of the civil service in accordance with the pay plan or a collective agreement, as the case requires.
No payment of remuneration shall be begun, no merit increase granted, no reduction of rate of pay made, and no termination of payment of remuneration allowed under this Act in respect of any member of the civil service without the written authorization of the employing authority.
Except as otherwise provided herein, no payment of remuneration to a person employed in a position shall be made effective prior to the date upon which he assumes the duties of his position.
Except on the recommendation of the commission, and subject to subsection (5), no member of the civil service shall receive any remuneration out of the Consolidated Fund in addition to the amount that he is entitled to receive under the pay plan.
A member of the civil service may be paid, and may accept, the amount of any reasonable expenses properly incurred by him in the performance of his duties.
Where maintenance by way of food, lodging, and clothing, or any one or more of them, is supplied to a person occupying any position, unless it is a term of his engagement that the maintenance shall form part of his remuneration, the Minister of Finance may deduct from the salary or wages of that person a sum equivalent to the value of the maintenance supplied as aforesaid, as that value is fixed by regulations made by the commission.
SELECTION OF PERSONNEL
The commission shall,
(a) whenever possible and in the public interest, fill vacancies in the civil service by promotion within the civil service:
(b) when in the public interest, fill vacancies in the civil service by recruiting from without the civil service;
(c) take such action and measures as it may deem necessary to anticipate and meet the need for well qualified personnel at higher levels in the civil service;
(d) take such action and measures as it may deem necessary to inform the public of opportunities and conditions of employment in the civil service in order to attract well qualified persons as candidates for appointments; and
(e) establish policy, standards, methods and procedures for the selection of personnel to provide consistent standards within each class of positions;
and where, in its opinion, it is in the public interest to do so, the commission may delegate the responsibility for selection of personnel and selection procedures to an employing authority.
Selection for appointment, promotion or transfer to a position shall be based on merit, with a view to developing a civil service comprising well qualified personnel with abilities, skills, training, and competence required to advance from the level of initial appointment through a reasonable career consistent with the type of work and the classes of positions pertinent thereto.
Subject as in this Act otherwise provided, the commission shall determine merit for appointment, promotion or transfer to a position by competitive examination, which may take the form of one or more of the following:
(a) A review of documentary evidence of qualifications for the position.
(b) Written or oral tests or combinations of tests designed to reveal knowledge, aptitude, intelligence, personal qualities and competence of the candidates in relation to the duties of the position.
(c) Interviews conducted with a view to determining the technical and personal qualifications for the position and for such other purposes as the commission considers appropriate.
(d) Trade and practical tests designed to reveal and measure technical knowledge and skills related to the duties of the position.
Before appointing a person to a position, the commission shall, by such investigation as it deems necessary, satisfy itself as far as possible that he is personally reliable and fit to perform the duties and to undertake the responsibilities of the position.
The commission may require a candidate for a position to undergo
(a) a physical examination; or
(b) a mental examination; or
(c) both a physical examination and a mental examination;
to establish that he is physically and mentally fit for employment in the position.
The commission shall establish and maintain employment lists, promotion lists, and re-employment lists setting out for the various classes of positions for which, in its opinion, such lists should be established and maintained, the names of candidates for those positions in order of merit; and each such list is valid for one year.
Where in the opinion of the commission there is no qualified person suitable for employment in a vacant position, the commission may appoint a temporary employee to fill the position until a qualified person is appointed to the position.
Where an employee who is not covered by a collective agreement is an unsuccessful candidate for a position, if he is of the opinion that the appointment of another person to the position was based on matters other than merit, he may appeal in writing to the commission which shall consider and determine the appeal and the decision of the commission thereon is final.
Where more than one of the candidates for a position have, in the opinion of the commission, the standard of qualification required for the position, the commission, in selecting the person to be appointed to the position, and subject to due consideration of the interests of the public and the requirements of the government, shall give a preference as prescribed in subsection (2).
Preference shall be given to any person who
(a) was on active service in the naval, army or air forces of Canada, or of any allies of Her Majesty,
(i) during any period in which a state of war existed between Canada and any other country, or
(ii) with any special force outside of Canada, during any period in which such force is established for emergency action, or in consequence of any action, taken by Canada under the United Nations Charter, the North Atlantic Treaty, or any other similar instrument for collective defence that may be entered into by Canada, and who has left that service with an honourable record or has been honourably discharged from the service; or
(b) during any of the periods mentioned in subclause (a)(i) or (ii), served outside Canada in a theatre of action as a member of the Canadian Legion War Service Incorporated, the Canadian Council for the Young Men's Christian Association of Canada, the Knights of Columbus Canadian Army Huts, the Salvation Army Canadian War Services, or any other such institution authorized to serve in similar manner by the appropriate naval, army, or air force authority and who at the commencement of that service was domiciled in Canada, or Newfoundland, and who left the service in good standing and with an honourable record; or
(c) was a merchant seaman on the high seas in one of Her Majesty's ships authorized to fly the white ensign and pennant and commanded by a commissioned officer of the Naval Forces of Her Majesty when that ship served in a theatre of war during any of the periods mentioned in subclause (a)(i) or (ii) and who left such service in good standing and with an honourable record; or
(d) is a Canadian citizen and is a surviving spouse of a person who died from causes arising during service as described in clause (a), (b), or (c) and who was domiciled in Canada at the time of the death of his or her spouse.
Where a person is appointed to a position the commission shall determine which of the rates of pay set out for the position in the pay plan shall be paid to him; and unless the commission is of the opinion, that for the purpose of recruiting a qualified person for the position or because of some special and unusual circumstances it is necessary to pay him a rate of pay other than the minimum rate for the position, the commission shall determine that the rate of pay to be paid to him shall be the minimum rate of pay for the position.
Subject as herein otherwise provided, appointments, transfers, and promotions to positions, and reclassifications to positions having a lower maximum salary, shall be made by the commission subject to the approval of the Lieutenant Governor in Council.
Appointments, transfers, and promotions to positions, or reclassification to positions having a lower maximum salary, for which the maximum annual rate of pay is equal to, or less than, an amount fixed by the Lieutenant Governor in Council, may be made by the commission without the approval of the Lieutenant Governor in Council.
The commission shall determine the date upon which, and the conditions under which, an appointment, transfer, or promotion is effective and the conditions under which it terminates.
The commission may make an appointment, transfer, or promotion of an employee to a position effective retroactively to a date prior to the date on which it is made if the employee had actually assumed the duties of the position on or before the date that the appointment, transfer, or promotion is effective.
The Lieutenant Governor in Council, on the recommendation of a minister, may assign any person who is not a member of the service to be secretary of that minister; and may designate as a member of the civil service any secretary of a minister so designated, who is otherwise eligible under this Act and the regulations to be a member of the civil service as a secretary of a minister, and who within one year after his assignment as a secretary of a minister, applies in writing to the commission to become a member of the civil service, and thereafter complies with all the requirements of this Act respecting applicants for positions.
Where the employment of any person who is a member of the civil service as a secretary of a minister is terminated, the commission shall place the name of that person on the appropriate re-employment list.
Where, by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, an employing authority deems it necessary so to do, it may, subject to the regulations, lay off an employee, and shall forthwith advise the commission of such action.
When an employee is laid off pursuant to subsection (1), he shall be placed upon the appropriate re-employment list.
An employee may resign from a position by indicating in writing to the employing authority at least two weeks before the date on which he intends to vacate the position his intention to vacate the position.
Where the commission has delegated the responsibility for selection of personnel and selection procedures to an employing authority, any appointment, promotion, transfer, or reclassification of a person to a position by the employing authority, is subject
(a) to this Act;
(b) to the regulations;
(c) to review by the commission; and
(d) to the decision given on any appeal.
Where a position is removed from one class of positions and placed in a class with a higher maximum salary, the employee in that position, if he is performing the duties of the position to the satisfaction of the employing authority, shall be promoted without competition to the position in the new class.
Where it is necessary to make a permanent appointment to a position to which a person has been temporarily appointed with acting status, the person temporarily appointed to the position shall only be promoted permanently to the position if, in the opinion of the commission, the principles governing selection of employees to the position are observed.
The commission shall, by regulation, establish standards of conduct for members of the civil service for the purpose of maintaining discipline within the civil service.
The commission shall, by regulation, establish penalties to be imposed by the commission or employing authorities for breach of discipline by a member of the civil service; and such penalties shall be imposed fairly and uniformly throughout the civil service.
An employing authority or any person designated by or authorized by the minister presiding over the department concerned may
(a) suspend, for a period not exceeding two weeks, an employee under his authority whom he considers to be negligent in the performance of his duties or to have been guilty of misconduct; and
(b) terminate any such suspension.
Where an employing authority suspends an employee, the employing authority shall forthwith report the suspension to the commission together with a statement of the reasons for the suspension.
The commission may extend the period of a suspension beyond two weeks.
Where a person has been suspended under subsection (1), he may, within one week of the day he is so suspended, state his case to the employing authority.
A person shall not receive any salary or pay for the time during which he is under suspension unless
(a) upon stating his case to the employing authority, the employing authority cancels the suspension; or
(b) upon an appeal to the commission, the commission finds that in their opinion the suspension was unjust, made in error, or that the punishment was too severe.
The commission may
(a) suspend for a period fixed by the commission, an employee who, in their opinion, has acted in such a way that he has discredited the civil service; and
(b) may terminate the suspension.
The period during which a person is under suspension is not a break in the service of that person.
Nothing contained herein impairs, or detracts from, the right of the Lieutenant Governor in Council to dismiss an employee.
An employing authority may reclassify an employee to a position having a lower maximum salary for disciplinary reasons; and upon so reclassifying an employee, the employing authority shall forthwith report the reclassification to the commission stating the reasons therefor.
Where, upon appeal to the commission, the commission finds that the reclassification of an employee to a position having a lower maximum salary was unjustly reclassified, or reclassified in error, or that the punishment is too severe, the employee shall be reclassified to the position he formerly held.
Subject to subsection (2), where the commission, in its discretion, decides that an employee who is an employee within the meaning of The Civil Service Superannuation Act and who is eligible to apply for a disability allowance under that Act should be retired from the service on account of illness or a disability, the commission shall forthwith give written notice of its decision
(a) to the minister having the administration of this Act; and
(b) to the employee by mailing the notice with postage prepaid addressed to him at his last known address as shown in the records of the commission.
An employee to whom notice of a decision under subsection (1) is given as therein provided may, within the time allowed in the regulations for launching appeals, appeal against the decision to the Lieutenant Governor in Council whose decision thereon is final.
When three months have elapsed since the giving of a notice under subsection (1), unless the employee has successfully appealed against the decision of the commission, the Lieutenant Governor in Council may, by order in council, retire the employee from the service on such date as is fixed in the order.
Where an employee is retired under subsection (3), the commission shall furnish to The Civil Service Superannuation Board, such information and records as the commission may have in its possession and that may be required by that board.
Subject to any other provisions of this Act relating to appeals and subject to the regulations, an employee may appeal to the commission, a decision made by an employing authority that is subject to appeal and the decision of the commission thereon is final.
In reaching a decision on an appeal, the commission shall follow the principles set out in this Act and may hear such evidence and argument as, in its opinion, appears relevant and is in the public interest.
The commission shall report its decision and recommendations on each appeal that it entertains under this Act, to the minister having the administration of this Act, who shall submit the report to the Lieutenant Governor in Council.
The commission, with the approval of the Lieutenant Governor in Council, may make regulations governing procedure on appeals brought under this section, who may bring appeals, and what decisions may be the subject of appeals.
DEPUTY MINISTERS, ETC.
Unless they are appointed by Act of the Legislature, the Lieutenant Governor in Council shall appoint
(a) deputy ministers, the Clerk of the Executive Council, the Clerk of the Legislative Assembly, and other technical officers; and
(b) the members, or members of the board of management or boards of directors, of agencies of the government with respect to which any provision of this Act has been brought into force.
The commission shall make regulations designating the positions that shall be deemed to be those of technical officers.
The Lieutenant Governor in Council may amend any regulation made under subsection (1) after hearing a report by the commission respecting the subject matter of the amendment and the commission shall forthwith make such a report on receipt of a written request by a minister.
Each deputy minister, subject always to the minister,
(a) shall oversee and direct the other employees in his department;
(b) has authority to report as to their efficiency;
(c) has the general supervision of the business of the department; and
(d) has such other powers and duties as may be assigned to him by the Lieutenant Governor in Council or by statute.
In the absence of a deputy minister, any employee named by the minister for that purpose shall perform the duties of the deputy minister.
Where an employing authority requires an employee for a specific period of time or until the occurrence of a specific event, the commission may authorize the employing authority to employ a temporary employee for the period of time or until the occurrence of the event; and the employing authority shall furnish the commission with particulars of the employment and of the temporary employee employed.
Every employing authority shall maintain such personnel records and statistics as may be required by the commission.
Subject to the provisions of The Civil Service Superannuation Act, the Lieutenant Governor in Council may loan any deputy minister or other employee to another government or any agency or servant thereof or to any other person, for such period, and upon such terms and conditions as to salary or otherwise, as is deemed expedient; and may extend the period upon similar or upon other terms and conditions.
The commission may establish and maintain a program throughout the civil service for providing incentive awards and, subject to the approval of the Lieutenant Governor in Council, may make regulations for this purpose.
The Minister of Finance may, on the requisition of the commission, make payments to employees for incentive awards for which provision is made in the regulations.
The commission may grant leave of absence to an employee for the purpose of allowing him to complete or further his education or training and may authorize the payment to him from the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied
(a) of his travelling, living, or tuition expenses or all or any of them; or
(b) of all or part of the remuneration, salary, or wages, for the position from which he is given leave for such purposes during the leave; or
(c) of both such expenses and such remuneration, salary, or wages.
Except where otherwise directed by the commission, and subject to such conditions as are prescribed by the commission, every person hereafter appointed to, or employed in, a position who has not already done so shall take
(a) the oath of allegiance; and
(b) the following oath or such other oath as may be required or authorized by any other Act in that behalf:
"I, A.B., do solemnly and sincerely swear that I will faithfully and honestly fulfil the duties which devolve upon me as an employee in the government service of Manitoba and that I will not ask or receive any sum of money, services, recompense, or matter or thing whatsoever, directly or indirectly, in return for what I have done or may do in the discharge of any of the duties of my office, except my salary, wages, or other moneys to which I may be lawfully entitled; and that I will not, without due authority in that behalf, disclose or make known any matter or thing which comes to my knowledge by reason of my employment in the government service of Manitoba, So help me God."
No person shall improperly, directly or indirectly, solicit or endeavour to influence the commission with respect to the appointment or assignment of any person to a position, or with respect to the promotion of, or an increase of salary to, any employee in the service.
Subject to an appeal to the Lieutenant Governor in Council by any person affected by an order or ruling of the commission under this section, the commission is the sole judge as to whether any act or thing done by any person is an improper solicitation or endeavour to influence the commission within the meaning of subsection (1); and, subject as aforesaid, the decision of the commission thereon is final and conclusive.
Any person who improperly, directly or indirectly, solicits or endeavours to influence the commission in favour of his appointment, assignment, promotion, or increase of salary, shall be deemed to be unworthy of the appointment, assignment, promotion, or increase, and it shall not be accorded him; and if he is a member of the civil service he is liable to immediate dismissal from his position.
Nothing in this Act, or any other Act of the Legislature, prohibits an employee in the civil service or a person employed by any agency of the government
(a) from seeking nomination as or being a candidate or supporting a candidate or political party in a provincial or federal general election or by-election, and if elected, from serving as an elected representative in that public office; or
(b) from speaking or writing on behalf of a candidate or a political party in any election, or by-election, if in doing so he does not reveal any information or matter concerning the department, branch or agency in which he is employed or any information that he has procured or which comes to his knowledge solely by virtue of his employment or position.
Subsection (1) does not apply to deputy ministers and such other classes or groups of employees as may be designated or set out in the regulations.
Any person who, pursuant to subsection (1), proposes to become a candidate in a provincial or federal election shall apply to his minister for leave of absence without pay for a period
(a) where he is nominated as a candidate, not longer than that commencing on the day on which the writ for the election is issued and ending 90 days after the day on which the results of the election are officially declared; and
(b) where he is not nominated as a candidate, not shorter than that commencing on the day on which the writ for the election is issued and ending on the day fixed by law for the nomination of candidates;
and every such application shall be granted.
An employee in the civil service or a person employed by any agency of the government may not solicit funds for a provincial or federal political party or candidate.
Where, pursuant to the authority under this section, a person contests an election and is unsuccessful in being elected, if within 90 days from the date on which results of the election are officially declared, he applies to the government or government agency, as the case may be, he shall be reinstated to the position he held immediately prior to the date of his leave of absence granted under subsection (3), in which case his service shall be deemed to be unbroken for all purposes.
Where an employee in the civil service or a person employed by any agency of the government is elected to the House of Commons or as a member of the Legislative Assembly or is appointed as a member of the Executive Council, upon application therefor, that employee or person shall be granted leave of absence without pay
(a) for a period not exceeding five years from the date of his election or appointment; or
(b) if prior to the expiration of the five year period
(i) he resigns as a member of the House of Commons, or
(ii) he resigns as a member of the Executive Council, or
(iii) he resigns as a member of the Legislative Assembly, or
(iv) his appointment to the Executive Council is terminated, or
(v) the term of office for which he is elected expires or is terminated, then for such period that coincides with his resignation or termination of appointment, as the case may be.
Notwithstanding subsection (6), an agency of the government that is engaged in a commercial enterprise may grant to a person employed by it and who is elected to the Legislative Assembly, leave of absence without pay for the duration of each session during which he sits as a member of the Legislative Assembly; and this subsection shall be deemed to have always been the law.
No person who
(a) is in a supervisory capacity over an employee in the civil service or over a person employed by an agency of the government; or
(b) is authorized to employ, promote or reclassify a person in the civil service or in an agency of the government;
shall coerce or intimidate that employee or person into supporting or not supporting a candidate or a political party.
Where a member of the civil service dies after having been in the service for at least two years, the Minister of Finance may pay an amount of money to be fixed by order of the Lieutenant Governor in Council, but not exceeding the total of the member's salary or wages for three months, to such dependant of the member as may be stated in the order.
There shall be a council which shall be known as: "The Joint Council" and shall consist of six members of whom
(a) three shall be members of, and be appointed from time to time by, the Executive Council; and
(b) three shall be members of, and be appointed from time to time by, the association;
but if at any time the membership of the association does not include a majority of the members of the civil service, The Joint Council shall thereupon cease to exist.
One of the members appointed under clause (l)(a) shall be chairman of the joint council; but if he is absent from any meeting, one of the other members of the Executive Council who is a member of the joint council and who is designated for the purpose by the members of the Executive Council who are members of the joint council and attend the meeting, shall be chairman of the council during that meeting.
A member appointed by the commission, and a senior staff member of the association may attend meetings of the joint council in a consultative capacity.
The joint council shall meet at such times as it may determine, and at such other times as may be fixed by the chairman after consulting with the members thereof.
The joint council shall
(a) consult on any suggestions or requests made by the Executive Council or the association with respect to fair wage or salary levels, fair wage or salary differentials between positions with regard to responsibility, skill, and experience, and proper standards of performance;
(b) consult on any suggestions or requests made by the Executive Council or the association with respect to employee service, activities, and security, including any working conditions applicable to employees generally or to any particular class of employees;
(c) endeavour to promote and maintain between the government and the association such a feeling of good will and cordiality as will encourage a free and frank discussion of all problems, with a view to reaching mutually acceptable decisions thereon; and
(d) perform such other functions as may be determined by mutual agreement between the Executive Council and the association.
In this section and sections 48 to 56
"minister" means the Executive Council or a committee thereof; ("ministre")
"person authorized" means the person authorized by the Lieutenant Governor in Council to carry on, for and on behalf of the government, negotiations under subsection (2) or in respect of any revision of, or dispute arising under, a collective agreement entered into under subsection (3). ("personne autorisée")
With a view to entering into a collective agreement between the government and the association, the person authorized shall carry on, for and on behalf of the government, negotiations with the association or members thereof authorized to carry on the negotiations for and on behalf of the association, respecting compensation for employees, including the establishment of grades of pay for new classes of employees and the adjustment from time to time of grades of pay for existing classes of employees, and respecting working conditions of employees.
With the approval of the Lieutenant Governor in Council, the minister having the administration of this Act or any other member of the Executive Council may, for and on behalf of the government, enter into a collective agreement with the association respecting
(a) compensation for employees, including the establishment of grades of pay for new classes of employees and the adjustment, from time to time, of grades of pay for existing classes of employees; and
(b) working conditions of employees.
A collective agreement entered into under subsection (3) may exclude from its application certain classes of employees, including employees who are in managerial, professional, or administrative positions or in positions the incumbent of which is in a confidential relationship with the government or a minister.
(a) negotiations have been begun under subsection 47(2) and no agreement has been reached; or
(b) a collective agreement entered into under subsection 47(3) is in force between the association and the government and a dispute arises with reference to the revision of any provision thereof that is, by the provisions of the agreement, subject to revision during the term of the agreement, between the association and the person authorized;
the association or the person authorized may, in writing, request the minister to appoint an arbitration board for the purpose of making an award and settling the dispute respecting the matters on which agreement cannot be reached and as set out in the request.
A statement of the difficulties involved in settling the dispute shall accompany a request made under subsection (1) for the appointment of an arbitration board.
An arbitration board shall consist of three members appointed as provided in this section.
Where the minister has been requested to appoint an arbitration board, he shall forthwith, by notice in writing, require each of the parties to the dispute, within seven days after receipt by the party of the notice, to nominate one person to be a member of the arbitration board, and upon receipt of the nomination within the seven days, the minister shall appoint that person a member of the arbitration board.
Where either of the parties to whom notice is given under this section fails or neglects to nominate a person within seven days after receipt of the notice, the minister shall appoint as a member of the arbitration board, a person he deems fit for the purpose, and that member shall be deemed to be appointed on the recommendation of that party.
The two members appointed under subsections (2) and (3) shall, within five days after the day on which the second of them is appointed, nominate a third person, who is willing and ready to act, to be a member and chairman of the arbitration board, and the minister shall appoint that person a member and chairman of the arbitration board.
Where the two members appointed under subsections (2) and (3) fail or neglect to make a nomination within five days after the appointment of the second member, the Chief Justice for the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen's Bench, shall forthwith nominate as the third member and chairman of the arbitration board, a person whom he deems fit for such purpose, and the minister shall appoint that person a member and chairman of the arbitration board.
When the arbitration board has been appointed, the minister shall forthwith notify the parties to the dispute of the names of the members thereof.
Where the minister has given notice to the parties that an arbitration board has been appointed under this Act, it shall be conclusively presumed that the board described in the notice has been established in accordance with this Act; and no order shall be made or process entered or proceedings taken in any court to question the granting or refusal of an arbitration board, or to review, prohibit, or restrain, establishment of that board or any of its proceedings.
Upon a person ceasing to be a member of an arbitration board before it has completed its work, the minister shall appoint a member in his place, who shall be selected in the manner prescribed by section 49.
Where the minister has appointed an arbitration board, he shall forthwith deliver to it a statement of the matters referred to it, and may, either before or after the board has made its report, amend or add to the statement.
After an arbitration board has made its report the minister may, with the consent of the parties, direct it to clarify or amplify the report or any part thereof, or to consider and report on any new matter added to the statement or amended statement of matters referred to it; and the report of the arbitration board shall not be deemed to be received by the minister until the reconsidered report is received.
An arbitration board may determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations.
The chairman may, after consultation with the other members of the board, fix the time and place of sittings of the arbitration board and shall notify the parties as to the time and place so fixed.
The chairman and one other member of an arbitration board shall be a quorum, but, in the absence of a member, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.
The decision of a majority of the members present at a sitting of an arbitration board is the decision of the arbitration board, and if the votes are equal the chairman has a casting vote.
The report of a majority of its members is the report of an arbitration board.
An arbitration board may summon before it any witnesses and require them to give evidence on oath, or on solemn affirmation if they are persons entitled to affirm in civil matters, and orally or in writing, and to produce such documents and things as the board deems requisite to the full investigation and consideration of the matters referred to it; and the arbitration board and the members thereof have the protection and powers conferred upon commissioners appointed under Part V of The Manitoba Evidence Act.
Information obtained from documents or things produced to the arbitration board under subsection (1) shall not, except as the board deems expedient, be made public.
Any member of an arbitration board may administer an oath, and the board may receive and accept such evidence on oath, affidavit, or otherwise as in its discretion it may deem fit and proper whether admissible in evidence in a court of law or not.
An arbitration board shall, within fourteen days after the appointment of the chairman of the board, or within such longer period as may be agreed upon by the parties, or as may from time to time be allowed by the minister, report its findings and award to the minister.
On receipt of the report under subsection (1), the minister shall forthwith cause a copy thereof to be sent to the parties.
Neither a report of an arbitration board, nor testimony or proceedings before an arbitration board, shall be receivable in evidence in any court in the province in any matter or proceeding under a statute or law of the province or otherwise within the jurisdiction of the Legislature.
Subsection (1) does not apply to proceedings taken to enforce an award of an arbitration board that has become binding on the parties.
The award or order of the arbitration board is binding on the parties, and the person authorized and the association, upon receipt of the award shall forthwith prepare a collective agreement giving effect to the award or order; and the government and the association shall execute the collective agreement and deliver, each to the other, a copy of the executed agreement.
Unless the arbitration board in its award stipulates that the award shall become effective on some other date the award shall
(a) if there was, at the time the negotiations under section 47 began, a collective agreement in force under section 47, become effective on the date of expiry of that collective agreement: and (b) if there was no such collective agreement in force, become effective on the date the arbitration board reports its award to the minister.
In addition to regulations made under any other authority granted herein, the commission may, for the purpose of carrying out the provisions of this Act according to their intent, and subject to the approval of The Lieutenant Governor in Council, make such regulations as are ancillary thereto and are not inconsistent therewith; and without restricting the generality of the foregoing, the commission may, subject to the approval of the Lieutenant Governor in Council, make regulations,
(a) governing hours of work of employees in the civil service;
(b) prescribing holidays and regulating vacations, sick leave and leave of absence that may be granted to employees;
(c) establishing a classification plan and specifying the qualifications for, and the duties and responsibilities of, each class of positions set out therein;
(d) respecting the administration of pay plans;
(e) respecting the granting of merit increases;
(f) prescribing forms to be used for the appointment, transfer, promotion or reclassification of employees;
(g) respecting payment of additional remuneration to employees and the granting of compensatory leave or other benefit to employees, for work done beyond the prescribed working hours;
(h) providing for safe working conditions for employees;
(i) designating the positions that are filled by technical officers;
(j) respecting a program for providing incentive awards for employees;
(k) prescribing the rights accruing to casual employees and term employees and employees employed in seasonal employment;
(l) prescribing personnel records and statistics to be maintained by departments, agencies of the government and employing authorities;
(m) prescribing the amount and nature of leave of absence that an employee may be granted for educational purposes and the amount and nature of expenses and remuneration, if any, that may be paid to him while on such leave of absence;
(n) respecting the reimbursement of employees for loss of or damage to personal effects lost or damaged as a result of their employment in the civil service, and prescribing amounts that may be paid for such loss or damage;
(o) designating classes or groups of employees to whom subsection 44(1) does not apply;
(p) respecting categories of employment under section 5.
Before making or amending a regulation the commission in its discretion, may hold a public hearing respecting the proposed regulation at which any person may appear and make representations with respect to the proposed regulation.
The commission shall give reasonable public notice of the hearing not less than 10 days before it is held; and the notice shall give, in a summary or condensed form or in full, as may be decided by the commission, the terms of the proposed regulation.
No regulation made by the commission under this Act is valid unless it is approved by the Lieutenant Governor in Council.
The Regulations Act does not apply to regulations made under this Act.
Where the government has entered into a collective agreement with a bargaining agent with respect to any employees in the civil service, and a provision of a collective agreement is inconsistent with or repugnant to a provision of a regulation made under this Act, the provision of the collective agreement, during the term of the collective agreement, supersedes the provision of the regulation in so far as it may apply to employees covered by the collective agreement.
The Lieutenant Governor in Council may inquire into, or appoint a person to inquire into, any matter or thing relating to the administration of this Act, or to which this Act applies.
A person appointed to make an inquiry under subsection (1) shall,
(a) report thereon to the minister having the administration of this Act;
(b) if so required by the order appointing him, make such recommendations as he shall deem suitable with respect to the matter or thing that is the subject of the inquiry; and
(c) have like powers, privileges, and immunities, as are conferred on commissioners appointed under Part V of The Manitoba Evidence Act.
Except as may be otherwise provided in this Act, such member of the Executive Council as may be designated by the Lieutenant Governor in Council shall be responsible for the administration of this Act.
The commission shall in each year make a report to the minister having the administration of this Act respecting the last preceding year and the minister shall lay the report before the assembly forthwith if it is then in session and if not, then within 15 days after the beginning of the next following session.
The report shall set out the details respecting the activities and work of the commission and the administration of the Act during the period covered by the report; and shall contain the recommendations, if any, of the commission.