M-18 - Act respecting the Ministère de la fonction publique

Replaced on 1 April 1979

This document has official status.

chapter M-18

Act respecting the Ministère de la fonction publique

Chapter M-18 is replaced by the Civil Service Act (chapter F-3.1). (1978, c. 15, s. 127).

1978, c. 15, s. 127.

1. The Minister of the Civil Service, in this act called the “Minister”, shall have charge of the direction and administration of the Ministère de la fonction publique.

1969, c. 14, s. 1; 1977, c. 5, s. 14.

2. The functions of the Minister shall be to prepare and propose to the Gouvernement measures for increasing the efficiency of the personnel of the civil service, to supervise the application of such measures and, under the direction of the Gouvernement, to co-ordinate the carrying out of the same.

He shall also advise the Gouvernement on the conditions of employment of the personnel of the public sector.

He shall also negotiate and supervise the carrying out of the collective agreements to which the Gouvernement is a party.

For such purposes, he shall:

(a)  obtain from the government departments and bodies the available information respecting their programs, projects and achievements, as regards personnel management and the reorganization of the structures and functions of such departments and bodies;

(b)  co-ordinate the research, studies, inquiries and inventories executed in the field of personnel management by other government departments and bodies or on their behalf;

(c)  execute or cause to be executed research, studies, inquiries and inventories respecting the efficiency of the personnel of the Gouvernement and of its departments and bodies, and respecting the conditions of employment of the personnel of the public sector;

(d)  make recommendations to the Gouvernement on the reorganization of the structures and functions of the departments and bodies appertaining to it, and, for such purpose, prepare plans of organization dealing in particular with all the civil servants required for the administration of the Gouvernement and of its departments and bodies, and on the assignment and use of such civil servants;

(e)  establish and administer training programs for the personnel of the Gouvernement and of its departments and bodies;

(f)  establish and administer programs to stimulate and reward initiative among the personnel of the civil service;

(g)  carry out the other duties assigned to him by the Gouvernement.

1969, c. 14, s. 2; 1977, c. 5, s. 14.

3. The Gouvernement shall appoint a Deputy Minister of the Civil Service, hereinafter called the “Deputy Minister”.

1969, c. 14, s. 3.

4. Under the direction of the Minister, the Deputy Minister shall supervise the functionaries and employees of the department, administer the day to day business thereof and exercise such other powers as are assigned to him by the Gouvernement.

1969, c. 14, s. 4.

5. The orders of the Deputy Minister shall be carried out in the same manner as those of the Minister; his authority shall be that of the head of the department and his official signature shall give force and authority to any document within the jurisdiction of the department.

1969, c. 14, s. 5.

6. The other functionaries and employees necessary for the proper administration of the department shall be appointed and remunerated in accordance with the Civil Service Act (chapter F-3).

1969, c. 14, s. 6.

7. The respective duties of the functionaries and employees of the department, not expressly defined by law or by the Gouvernement, shall be determined by the Minister.

1969, c. 14, s. 7.

8. No deed, document or writing is binding on the department or may be attributed to the Minister unless it is signed by him, by the Deputy Minister or by a functionary and only, in the case of a functionary, to the extent determined by regulation of the Gouvernement published in the Gazette officielle du Québec.

The Gouvernement may, however, on conditions fixed by it, allow the required signature to be affixed by means of an automatic device to those documents it determines.

The Gouvernement may also allow a facsimile of the required signature to be engraved, lithographed or printed on those documents it determines. In that case, the facsimile has the same value as the signature itself if the document is countersigned by a person authorized by the Minister.

1969, c. 14, s. 8; 1978, c. 18, s. 9.

9. Any copy of a document forming part of the records of the department, certified as true by the Minister or the Deputy Minister, shall be authentic and shall have the same force as the original.

1969, c. 14, s. 9.

10. With the authorization of the Gouvernement, the Minister may enter into any agreement with any government or body in accordance with the interests and rights of Québec, to facilitate the carrying out of this act.

1969, c. 14, s. 10.

11. The Gouvernement may authorize the Minister to sign in accordance with the Labour Code a collective agreement with any certified association of employees of the civil service.

1969, c. 14, s. 11.

12. Within six months following the end of each fiscal year, the Minister shall lay before the Assemblée nationale a report on the activities of his department for such year.

1969, c. 14, s. 12.