F-3.1.1 - Public Service Act

Updated to 20 April 2021

This document has official status.

chapter F-3.1.1

Public Service Act

CHAPTER I APPLICATION AND OBJECT OF THE ACT

DIVISION I APPLICATION

1. This Act applies to persons appointed thereunder.

Persons admitted to the public service under a former Act are deemed to have been appointed under this Act.

Every person contemplated in this section is a public servant.

1983, c. 55, s. 1.

DIVISION II OBJECT OF THE ACT

2. The role of the public service is to provide the public with the services of quality to which it is entitled, implement the policies formulated by constituted authority and ensure the attainment of the other objectives of the state.

1983, c. 55, s. 2.

3. The object of this Act is to enable the public service to fulfil its role. For that purpose, the Act establishes a mode of organization of human resources intended to promote

(1)  efficient administration and optimum utilization and development of human resources,

(2)  the exercise of the powers of human resources management at the least possible hierarchical remove from the persons concerned and the application of a system under which the public servant vested with such management powers is accountable for his acts, within the means put at his disposal,

(3)  equal opportunity for employment in the public service for all citizens,

(4)  impartiality and fairness in decisions affecting public servants, and

(5)  optimum contribution of the various components of Québec society to the public service.

The mode of organization of human resources must also facilitate the achievement of the objectives of the Public Administration Act (chapter A-6.01).

1983, c. 55, s. 3; 2000, c. 8, s. 125.

CHAPTER II RIGHTS AND OBLIGATIONS OF PUBLIC SERVANTS

DIVISION I CONDITIONS OF SERVICE

§ 1 . — Standards of ethics and discipline

4. A public servant has such primary and habitual duties and powers as are attached to his position.

A public servant also has the powers and duties which may be assigned to him by any person duly authorized to define his duties and to supervise his work.

A public servant shall exercise his powers and perform his duties in accordance with the standards of ethics and discipline prescribed in this Act or in the regulations under it.

1983, c. 55, s. 4.

5. Every public servant is bound ex officio to be loyal and to bear allegiance to constituted authority.

A public servant shall perform his duties in the public interest, to the best of his ability, with honesty and impartiality, and shall treat the public with consideration and diligence.

1983, c. 55, s. 5.

6. Subject to the provisions relating to access to information and the protection of personal information, every public servant is bound to confidentiality regarding any matter brought to his knowledge in the performance of his duties.

1983, c. 55, s. 6.

7. In no case may a public servant have a direct or indirect interest in any undertaking that causes his personal interest to conflict with his duties of office.

Where the interest devolves to him by succession or gift, he shall renounce or dispose of it with all possible dispatch.

1983, c. 55, s. 7.

8. In no case may a public servant accept any sum of money or any other consideration for the performance of his duties over and above the amount allocated to him for that purpose under this Act.

1983, c. 55, s. 8.

9. In no case may a public servant, directly or indirectly,

(1)  grant, solicit, or accept, as a public servant, any undue favour or benefit for himself or another person;

(2)  use for his own benefit any state property or any information obtained by him as a public servant.

1983, c. 55, s. 9.

10. A public servant shall be politically neutral in performing his duties.

1983, c. 55, s. 10.

11. A public servant shall act with reserve in any public display of his political opinions.

1983, c. 55, s. 11.

12. Nothing in this Act prohibits a public servant from being a member of a political party, attending a political meeting or making, in accordance with the law, a contribution to a political party or a local association of a political party or to a candidate in an election.

1983, c. 55, s. 12.

§ 2 . — Probation and permanent tenure

13. Every person recruited as a public servant shall undergo a probationary period of not less than six months.

The Conseil du trésor may determine the classes of positions for which a probationary period of over six months is required, and fix the length of such a period.

The probationary period is calculated in days actually worked as part of the powers and duties assigned to the recruited person for the period. The calculation is based on the particularities of each position.

1983, c. 55, s. 13; 2021, c. 11, s. 1.

14. A public servant obtains permanent tenure if he meets the following conditions:

(1)  he has passed his probationary period; and

(2)  he has been employed continuously in the public service for two years.

The Conseil du trésor shall define what constitutes the fact of being employed continuously in the public service, within the meaning of subparagraph 2 of the first paragraph.

1983, c. 55, s. 14; 2021, c. 11, s. 2.

15. In the case of a promotion, the Conseil du trésor may determine the classes of positions for which a probationary period is required and fix the length of such a period.

The probationary period is calculated in days actually worked as part of the powers and duties assigned to the promoted person for the period. The calculation is based on the particularities of each position.

1983, c. 55, s. 15; 2021, c. 11, s. 3.

§ 3 . — Disciplinary action

16. A public servant who contravenes the standards of ethics and discipline is liable to disciplinary action, which may include dismissal, according to the nature and gravity of the fault.

1983, c. 55, s. 16.

17. The imposition of a disciplinary action on a public servant, in accordance with section 16 or for any other just and sufficient cause, is effected by the deputy minister or the chief executive officer to whom he is responsible.

1983, c. 55, s. 17.

§ 4 . — Administrative measures

18. Any public servant who is incompetent in the performance of his duties or who is unable to perform them may be demoted or dismissed.

1983, c. 55, s. 18.

19. Every public servant undergoing a probationary period other than a probationary period required on promotion may be dismissed without other procedure or formality than fifteen days’ prior notice in writing.

1983, c. 55, s. 19.

20. Every public servant who has not acquired permanent tenure may be dismissed for lack of work without other procedure or formality than fifteen days’ prior notice in writing.

1983, c. 55, s. 20.

21. Without prejudice to any disciplinary action, if a public servant is absent from the service without permission, a deduction proportionate to the duration of his absence must be made from his remuneration.

1983, c. 55, s. 21.

22. A public servant may, in accordance with the requirements prescribed by regulation, be provisionally relieved of his duties in order to enable the competent authority to make an appropriate decision in the case of an urgent situation requiring prompt intervention, or in a presumed case of serious fault, whether it be a breach of a standard of ethics or discipline or an indictable or penal offence.

1983, c. 55, s. 22.

23. The imposition of an administrative measure on a public servant is effected by the deputy minister or the chief executive officer to whom he is responsible.

1983, c. 55, s. 23.

DIVISION II POLITICAL ACTIVITIES

24. A public servant wishing to be a candidate in a provincial election must apply for and is entitled to leave without pay from the date of the writ ordering the election.

A public servant wishing to be a candidate for any other elective public office is entitled to leave without pay if he applies therefor. The deputy minister or the chief executive officer to whom he is responsible shall fix the date of the beginning and end of the leave. The duration of the leave must, however, allow the public servant to become a candidate in due time and to conduct his election campaign.

A public servant who is granted leave without pay under this section is entitled to resume his position within 30 days of the date for the nomination of candidates if he is not nominated or, if he is a candidate, of the date on which another person is declared elected.

1983, c. 55, s. 24.

25. The provisions of section 24 apply, with the necessary modifications, to every public servant wishing to act as the official agent of a candidate in a provincial election.

1983, c. 55, s. 25.

26. A public servant elected in a provincial election ceases to be subject to this Act, except sections 29, 30 and 129 to 131. Throughout his tenure as a Member of the National Assembly, he retains his classification on the day he was elected.

1983, c. 55, s. 26.

27. A public servant elected to an elective public office other than to that of Member of the National Assembly, is entitled throughout his first term, to partial or full leave without pay, for the purpose of carrying on his duties of office.

Where the public servant is granted full leave without pay, he ceases to be subject to this Act, except sections 29, 30 and 129 to 131. Throughout his tenure of the public office to which he was elected, he retains his classification on the day he was elected.

1983, c. 55, s. 27.

28. A public servant employed as a member of the office staff of the Lieutenant-Governor, of a Minister or of any other person contemplated in the first paragraph of section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or as a member of the staff of a Member ceases to be subject to this Act, except sections 29, 30 and 129 to 131 and is governed by sections 11.5 and 11.6 of the Executive Power Act (chapter E-18) or by sections 124.1 and 124.2 of the Act respecting the National Assembly, as the case may be.

While the public servant is employed on an office staff or as a member of the staff of a Member, he retains his classification at the time of his appointment to the staff.

1983, c. 55, s. 28; 1984, c. 27, s. 66.

29. A public servant contemplated in section 26, 27 or 28, during the period in which he holds on a full time basis the public office to which he was elected, or in which he carries on his duties on the office staff of a Minister or as a member of the staff of a Member, as the case may be, may apply to the chairman of the Conseil du trésor for an opinion on the classification that could be assigned to him in the public service if he decided to exercise his right to return to the public service under section 30.

The opinion must take account of the classification of the public servant as provided under section 26, 27 or 28 and of the experience and formal training he has acquired since he left the public service.

1983, c. 55, s. 29; 1996, c. 35, s. 16.

30. A public servant is entitled to require the chairman of the Conseil du trésor to reexamine his qualifications and to place him by priority in a position commensurate with his qualifications,

(1)  on ceasing to be a Member of the National Assembly;

(2)  on ceasing to hold on a full time basis a public elective office other than that of Member of the National Assembly, in accordance with section 27;

(3)  on ceasing to be employed on the office staff of the Lieutenant-Governor, of a Minister or of a person contemplated in the first paragraph of section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or as a member of the staff of a Member.

The requisition must be made in writing and received not later than 60 days after the day the public servant ceases to hold an office contemplated in paragraph 1, 2 or 3 of the first paragraph.

1983, c. 55, s. 30; 1984, c. 27, s. 67; 1996, c. 35, s. 16.

30.1. Every public servant who held the office contemplated in subparagraph 1 of the first paragraph of section 30 is entitled to receive, from the receipt of the requisition contemplated in the second paragraph of that section, the salary attached to his classification before he was elected as a Member.

He shall remain under the responsibility of the chairman of the Conseil du trésor until he is placed.

1986, c. 70, s. 1; 1996, c. 35, s. 16.

31. Where it is impossible for the chairman of the Conseil du trésor to place a public servant contemplated in sections 30 and 30.1, the public servant shall be placed on reserve under the responsibility of the chairman of the Conseil du trésor until he is placed.

1983, c. 55, s. 31; 1986, c. 70, s. 2; 1996, c. 35, s. 1.

DIVISION III PROTECTION

32. Where a public servant is sued by a third person for an act he has done or failed to do in the performance of his duties, the Attorney General shall take up his defense unless he is charged with a gross fault.

1983, c. 55, s. 32.

DIVISION IV APPEAL

33. Except where jurisdiction in the matters enumerated in this paragraph is assigned to another authority under a collective agreement, a public servant may appeal to the Commission de la fonction publique from a decision informing him of

(1)  his classification following his appointment to a new or changed class of positions;

(2)  his demotion;

(3)  his dismissal;

(4)  disciplinary action;

(5)  his being provisionally relieved of his duties.

An appeal under this section must be made in writing and received by the Commission within 30 days of the date the contested decision was sent.

This section, except subparagraph 1 of the first paragraph, does not apply to a public servant undergoing a probationary period under section 13.

1983, c. 55, s. 33.

34. The Commission de la fonction publique may uphold, amend or quash any decision appealed from under section 33.

Where the Commission amends a decision under the first paragraph, it may substitute therefor any decision it considers just and reasonable, having regard to all the circumstances of the case.

Where the Commission upholds the demotion of a public servant or reduces a dismissal to a demotion, it may order that the appellant be demoted to a class of positions determined by the chairman of the Conseil du trésor, having regard to his qualifications.

1983, c. 55, s. 34; 1996, c. 35, s. 16.

35. A candidate may appeal to the Commission de la fonction publique if he considers that the procedure used, within a promotion-only qualification process, to determine whether he is eligible or to evaluate him was irregular or illegal. An appeal application must be submitted in writing and received by the Commission within 15 working days of the sending of the notice advising the candidate that he does not meet the eligibility criteria for the qualification process, or informing him of the results of his evaluation as part of that process.

Components of an evaluation tool that have been certified pursuant to the third paragraph of section 115 cannot be contested during the appeal.

1983, c. 55, s. 35; 1996, c. 35, s. 2; 2000, c. 8, s. 126; 2013, c. 25, s. 1.

36. The Commission de la fonction publique may refuse to hear an appeal brought under section 35 relating to a promotion qualification process where it considers that the application is frivolous or in bad faith, or that its intervention would clearly be of no use.

1983, c. 55, s. 36; 2000, c. 8, s. 127; 2013, c. 25, s. 2.

CHAPTER III MANAGEMENT OF HUMAN RESOURCES

DIVISION I RESPONSIBILITIES OF DEPARTMENTS AND AGENCIES

37. A deputy minister is responsible, subject to the direction of his minister, for the management of the human resources of the department.

1983, c. 55, s. 37.

38. The chief executive officer of an agency to which the staff is appointed under this Act is responsible for the management of the human resources of the agency.

The chief executive officer is the person identified as such by law or, failing that, the person holding the highest authority in the agency.

1983, c. 55, s. 38.

39. Deputy ministers and chief executive officers shall manage the human resources under their authority in conformity with the policies of the Conseil du trésor in that regard.

The management of human resources includes, in particular, the planning, organization, supervision, development and evaluation of such resources.

1983, c. 55, s. 39; 2000, c. 8, s. 128.

40. Deputy ministers and chief executive officers shall, in exercising their responsibilities, favour delegation.

1983, c. 55, s. 40; 2007, c. 3, s. 56.

41. A deputy minister or a chief executive officer may, in writing and to the extent he indicates, delegate the functions and powers conferred on him by this Act to a public servant, the holder of a position or any other person within his department or body or another department or body.

He may, in the instrument of delegation, authorize the subdelegation of the functions and powers he indicates and, in that case, shall specify the public servant, the holder of the position or the person to whom they may be subdelegated.

1983, c. 55, s. 41; 2007, c. 3, s. 56.

DIVISION II STAFFING

§ 1 . — Recruitment and promotion

42. Public servants are recruited and promoted by means of a qualification process.

Notwithstanding the first paragraph, a public servant whose position is upgraded may be promoted otherwise than through a qualification process, according to the rules determined by the Conseil du trésor by regulation, if he meets the conditions of eligibility to the class of positions so upgraded and if he is declared qualified by the chairman of the Conseil du trésor.

A public servant may also be promoted after the public servant’s qualifications have been assessed as part of a human resources development program approved for that purpose by the Conseil du trésor.

1983, c. 55, s. 42; 1996, c. 35, s. 3; 2000, c. 8, s. 129; 2013, c. 25, s. 3.

43. The chairman of the Conseil du trésor shall prescribe the conditions of eligibility for a qualification process for the purpose of establishing a bank of qualified persons to fill a position or several positions.

The conditions of eligibility must be consistent with the regulations under section 50.1 and with the minimum conditions of eligibility to the classes of positions or grades prescribed by the Conseil du trésor and allow the implementation of Government policies regarding, in particular,

(1)  affirmative action programs intended, in particular, for women, members of cultural communities, handicapped persons or Native persons;

(2)  recruitment, whether from educational institutions or from all or any category of the persons employed in the education or social affairs sector.

In addition, the conditions of eligibility for a qualification process, in particular, those relating to minimum conditions of eligibility to classes of positions or grades, may include additional requirements which take into account the nature and particularities of the position or positions for which the qualification process is held.

1983, c. 55, s. 43; 1996, c. 35, s. 4; 2013, c. 25, s. 4.

44. The Chair of the Conseil du trésor launches invitations for applications in order to initiate qualification processes.

1983, c. 55, s. 44; 1996, c. 35, s. 16; 2000, c. 8, s. 130; 2013, c. 25, s. 5.

45. Invitations for applications must be made in such a manner that persons likely to meet the conditions of eligibility have a reasonable opportunity to apply.

1983, c. 55, s. 45.

46. (Repealed).

1983, c. 55, s. 46; 1996, c. 35, s. 16; 2013, c. 25, s. 6.

47. The chair of the Conseil du trésor must admit all the persons who have submitted applications and meet the conditions of eligibility for a qualification process.

A person is presumed to be eligible for a qualification process on the basis of the information provided with their application. A person’s eligibility must be confirmed before their appointment.

1983, c. 55, s. 47; 1996, c. 35, s. 5; 2000, c. 8, s. 131; 2013, c. 25, s. 7.

47.1. If the Chair of the Conseil du trésor considers that it would be unreasonable to evaluate all the candidates in view of their number, the Chair may reduce the number of candidates in accordance with the norms determined by regulation by the Conseil du trésor.

When inviting applications, the Chair shall state what means are intended to be used to reduce the number of applications.

2013, c. 25, s. 8.

48. The evaluation of candidates is based on the criteria of knowledge, experience or qualifications required for the position or positions to be filled.

1983, c. 55, s. 48; 2000, c. 8, s. 132; 2013, c. 25, s. 9.

49. The chairman of the Conseil du trésor shall determine the evaluation procedure, which must be of such a nature as to allow impartial evaluation of the candidates.

1983, c. 55, s. 49; 1996, c. 35, s. 16.

49.1. (Repealed).

2000, c. 8, s. 133; 2013, c. 25, s. 10.

49.2. A person presumed to be eligible is declared qualified after successfully passing the evaluation.

Upon being declared qualified, a person is registered in a bank of qualified persons.

2013, c. 25, s. 11.

50. The Chair of the Conseil du trésor may, on request or on the Chair’s own initiative, correct an error having occurred during a qualification process and, if appropriate, register the persons concerned in or remove them from a bank of qualified persons.

1983, c. 55, s. 50; 1996, c. 35, s. 6; 1999, c. 58, s. 1; 2000, c. 8, s. 134; 2013, c. 25, s. 40; 2013, c. 25, s. 12.

50.0.1. A person who has been employed as a student or intern may be registered in a bank of qualified persons following qualification processes specific to such persons. The Conseil du trésor determines the rules applicable to and the procedures governing access to those processes.

2013, c. 25, s. 13.

50.1. The Conseil du trésor shall determine, by regulation,

(1)  the procedure for a qualification process to establish a bank of qualified persons;

(2)  geographical areas and criteria to determine whether a person belongs to an area for the purposes of eligibility for a qualification process in that area;

(3)  the administrative entity to which a public servant must belong in order to be eligible for a qualification process;

(4)  norms according to which the number of eligible candidates for a qualification process may be reduced;

(5)  norms according to which a bank of qualified persons may be established, used and terminated;

(6)  conditions, cases and categories of cases where the upgrading of a position may allow promotion otherwise than through a qualification process;

(7)  (subparagraph repealed);

(8)  cases and circumstances in which and conditions subject to which a person may be removed from a bank of qualified persons;

(9)  all particulars relating to the information to be provided by a candidate during a qualification process or after registration in a bank of qualified persons;

(10)  cases and circumstances in which and conditions subject to which the qualification of a person who was once appointed may be maintained so that the person can be re-appointed even if they were removed from a bank of qualified persons or the bank has been terminated;

(11)  norms for the classification of public servants.

The Conseil du trésor shall publish in the Gazette officielle du Québec draft regulations with a notice stating that the regulations may be made with or without amendment at the expiry of 30 days from that publication.

Regulations of the Conseil du trésor come into force 15 days after publication in the Gazette officielle du Québec or on any later date fixed therein.

1996, c. 35, s. 7; 1999, c. 58, s. 2; 2000, c. 8, s. 135; 2013, c. 25, s. 14.

§ 2 . — Appointment and classification

51. A public servant comes into office, or changes position, by appointment by the deputy minister or the chief executive officer responsible for the position to be filled.

1983, c. 55, s. 51.

52. Where the appointment of a public servant involves a change of department or agency, the prior agreement of the deputy minister or chief executive officer to whom he is responsible is required. This requirement does not apply in the case of a promotion.

1983, c. 55, s. 52.

53. A deputy minister or a chief executive officer may appoint a person as soon as the person has been declared qualified and is registered in a bank of qualified persons.

Before making a choice, the deputy minister or the chief executive officer may conduct an additional evaluation based on the nature and particularities of the position to be filled.

Despite the first paragraph, the Conseil du trésor may, by regulation, determine cases and circumstances in which the deputy minister or the chief executive officer cannot make an appointment before all candidates have completed the qualification process.

If there is among the qualified persons one to whom an affirmative action program or a program designed to ensure the hiring of handicapped persons applies, the deputy minister or the chief executive officer must take the objectives of the program into consideration when making the appointment. The hiring objectives determined by the Conseil du trésor as regards the various components of Québec society must also be taken into consideration.

The application of this section cannot be the subject of an appeal under section 35.

1983, c. 55, s. 53; 1999, c. 58, s. 3; 2013, c. 25, s. 15.

53.0.1. Within the same invitation for applications, a public servant may be appointed before the expiry of the time for appeal provided in section 35 and even if an appeal brought under that section is pending before the Commission de la fonction publique.

However, the appointment is conditional for as long as the last time for appeal that applies to candidates within the same invitation for applications has not expired and, as the case may be, for as long as any appeal brought by one of the candidates has not been settled. If warranted, the appointment must be re-evaluated by the deputy minister or the chief executive officer on the basis of the decision made by the Commission; where applicable, the appointment shall cease to have effect and the public servant shall be reinstated in the position held before the appointment.

The position held by the public servant before the conditional appointment may not be filled on a permanent basis by the deputy minister or chief executive officer concerned until the conditional appointment of the public servant becomes definitive.

2000, c. 8, s. 136; 2013, c. 25, s. 16.

53.1. The annual report of a department or body must include, under a special heading, an account of the results achieved in relation to the objectives of any affirmative action program or program designed to ensure the hiring of handicapped persons applicable to the department or body and in relation to the hiring objectives as regards the various components of Québec society.

1999, c. 58, s. 4.

53.2. Despite any provision to the contrary, a retired public service employee may, without having to undergo the qualification process, be re-appointed under this Act to a position in the same class as the class he belonged to before retiring or to any other position with less stringent conditions of eligibility for which a deputy minister or a chief executive officer has recognized him as having the necessary skills. Such a re-appointment is only possible to meet a temporary need and where the person’s particular expertise and experience are required. The Conseil du trésor prescribes the terms and conditions of such a re-appointment, which may only be for a fixed term.

2013, c. 25, s. 17.

54. When a public servant comes into office or changes class of positions or grade, the deputy minister or the chief executive officer shall assign a classification to him in accordance with the regulation under subparagraph 11 of the first paragraph of section 50.1.

When placing a public servant in a new or changed class of positions, the deputy minister or the chief executive officer shall assign a classification to him in accordance with the conditions and modalities fixed by the Conseil du trésor under paragraph 1 of section 34 of the Public Administration Act (chapter A-6.01).

1983, c. 55, s. 54; 2000, c. 8, s. 137; 2013, c. 25, s. 18.

DIVISION III ADMINISTRATORS OF STATE

55. A public servant acquires the classification of administrator of state on his appointment to any of the following positions:

(1)  Secretary-General, Associate Secretary-General or Deputy Secretary of the Conseil exécutif;

(2)  Secretary, Deputy Secretary or Associate Secretary of the Conseil du trésor;

(3)  deputy minister or assistant or associate deputy minister;

(4)  (paragraph repealed).

1983, c. 55, s. 55; 1992, c. 24, s. 5; 1996, c. 35, s. 8.

56. The Government appoints an administrator of state to a position on a motion of the Prime Minister. The Government determines the classification of a public servant within the group of administrators of state.

1983, c. 55, s. 56.

57. Where the Government engages a person by contract to hold any office listed in section 55, the person does not have the classification of administrator of state and is not a public servant, but Chapter VII applies to him as if he were a public servant.

1983, c. 55, s. 57.

58. In the case of the absence or inability to act of a person holding any office listed in section 55, the minister or the deputy minister may designate a person to replace him during the interim.

1983, c. 55, s. 58; 1999, c. 40, s. 135.

59. The Government, on the recommendation of the Prime Minister, may assign a classification in another group of positions to an administrator of state.

No appeal lies to the Commission de la fonction publique from a decision made under this section.

1983, c. 55, s. 59.

60. The Government shall determine the classification and fix the remuneration, social benefits and other conditions of employment of the administrators of state.

1983, c. 55, s. 60.

61. Disciplinary action is imposed on an administrator of state by the minister or deputy minister, as the case may be, to whom he is responsible.

1983, c. 55, s. 61.

62. The Government, on the recommendation of the Prime Minister, may dismiss an administrator of state for just and sufficient cause.

1983, c. 55, s. 62.

63. The provisions of the other chapters, except sections 13 to 15, 17 to 20, 23 to 27, 42 to 54 and 127, apply to the administrators of state, to the extent that they are consistent with this chapter.

1983, c. 55, s. 63; 2000, c. 8, s. 138.

CHAPTER IV COLLECTIVE BARGAINING

DIVISION I GENERAL PROVISIONS

64. The Syndicat de la fonction publique du Québec inc. is recognized as the representative of all public servants who are employees within the meaning of the Labour Code (chapter C-27), except

(1)  employees who are teachers;

(2)  employees who are members of the professional orders of advocates, notaries, physicians, dentists, pharmacists, optometrists, veterinary surgeons, agronomists, architects, engineers, land-surveyors, forest engineers, chemists or chartered professional accountants, and persons admitted to the study of these professions;

(3)  employees who are university graduates, economists, geographers, geologists, biologists, town-planners, accountants, auditors, psychologists, social workers, guidance counsellors and other professionals;

(4)  employees who are peace officers belonging to any of the following groups:

(a)  wildlife protection officers;

(b)  fisheries officers;

(c)  constables at the Youth Division of the Court of Québec;

(d)  security officers;

(e)  transportation officers;

(f)  instructors, guards and nursing attendants in correctional facilities;

(g)  any other group performing duties of a peace officer.

1983, c. 55, s. 64; 1988, c. 21, s. 93; 1993, c. 74, s. 2; 1994, c. 40, s. 457; 2000, c. 48, s. 36; 2002, c. 24, s. 209; 2012, c. 11, s. 33.

65. Section 64 has the same effect as a certification granted by the Administrative Labour Tribunal for two separate employee groups, namely:

(1)  public servants other than workmen;

(2)  workmen.

The Administrative Labour Tribunal decides all disputes respecting the effective exclusion or inclusion of a public servant or a class of public servants from or in either of such groups, and has the power to cancel the certification and grant another upon the conditions prescribed by the Labour Code.

1983, c. 55, s. 65; 2001, c. 26, s. 123; 2015, c. 15, s. 237.

66. The Government may grant certification to any association of employees to represent each of the groups contemplated in paragraphs 1, 3 and 4 of section 64 and the members of each of the professions contemplated in paragraph 2 of the same section together with the persons admitted to the study of such profession.

Certification under this section is granted only upon the recommendation of a joint committee constituted for such purpose by the Government, one-half of the members of which are representatives of the group concerned.

Certification under this section has the same effect as certification granted by the Administrative Labour Tribunal.

The Administrative Labour Tribunal decides all disputes respecting the effective exclusion or inclusion of a public servant from or in any of the groups referred to in the first paragraph and may cancel the certification and grant another upon the conditions prescribed by the Labour Code.

1983, c. 55, s. 66; 2001, c. 26, s. 124; 2015, c. 15, s. 237.

67. With the consent of the majority of the employees who are members or admitted to the study of a profession contemplated in paragraph 2 of section 64, certification may be granted to an association representing more than one of such groups and, with the consent of the absolute majority of the group contemplated in paragraph 3 of the same section, certification may be granted to such an association for such group together with the others which it represents.

With the consent of the majority of the employees who are members of a group contemplated in paragraph 4 of section 64, certification may be granted to an association to represent more than one of such groups.

Notwithstanding the time limit provided in section 111.3 of the Labour Code (chapter C-27), certification to represent more than one group, in accordance with the second paragraph, may be applied for to the Administrative Labour Tribunal within 15 days of the decision rendered by the Tribunal pursuant to section 66.

1983, c. 55, s. 67; 2001, c. 26, s. 125; 2015, c. 15, s. 237.

68. Every association of employees contemplated in this Act has the right to affiliate, but an association of employees contemplated in paragraph 4 of section 64 shall only affiliate with an association exclusively grouping employees performing duties of a peace officer, except the members of the Sûreté du Québec.

1983, c. 55, s. 68.

69. All employee groups contemplated in paragraph 4 of section 64 and all employee groups of the general directorate responsible for civil protection within the Ministère de la Sécurité publique are forbidden to strike.

All other groups are forbidden to strike unless the essential services and the manner of maintaining them are determined by prior agreement between the parties or, failing an agreement, by a decision of the Administrative Labour Tribunal.

The Conseil du trésor shall transmit, without delay, a copy of any agreement made under the second paragraph to the Administrative Labour Tribunal.

In the event of an offence under the first or second paragraph, the penal provisions in section 142 of the Labour Code (chapter C-27) shall apply.

1983, c. 55, s. 69; 2001, c. 26, s. 126; 2001, c. 76, s. 144; 2001, c. 76, s. 145; 2011, c. 16, s. 152; 2015, c. 15, s. 237.

70. Public servants are governed by the provisions of the collective agreement applicable to them, or if there are no such provisions in the collective agreement, by the provisions of this Act and the Public Administration Act (chapter A-6.01). However, no provision of a collective agreement may limit the powers of the Commission de la fonction publique or the powers of the chairman of the Conseil du trésor relating to recruitment or promotion qualification processes, qualification, banks of qualified persons or certification of qualification. Moreover, no clause of any collective agreement may limit the powers of a deputy minister, a chief executive officer, the Government or the Conseil du trésor with regard to any of the following matters:

(1)  the appointment of candidates to the public service or the promotion of public servants;

(2)  the classification of positions, including the definition of conditions of eligibility and the determination of the level of positions relating to the classification;

(3)  the granting of permanent tenure and the determination of the duration of the probationary period for recruitment or on promotion;

(4)  the establishment of standards of ethics and discipline in the public service;

(5)  the establishment of organization plans and staffing procedures.

A decree adopted under the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) or under another Act, or a document in lieu thereof or a collective agreement made with a view to such a decree does not apply to the conditions of employment of public servants.

1983, c. 55, s. 70; 1986, c. 89, s. 50; 1996, c. 35, s. 9; 2000, c. 8, s. 139; 2007, c. 3, s. 72; 2013, c. 25, s. 19.

DIVISION II SPECIAL PROVISIONS APPLICABLE TO PERSONS PERFORMING DUTIES OF A PEACE OFFICER

§ 1 . — Bargaining method

71. A joint parity committee is instituted for each certified association representing one or more groups of employees contemplated in paragraph 4 of section 64.

Each committee shall consist of a chairman, who shall not have the right to vote, appointed by the Government after consultation with the association concerned, and eight other members of whom four shall be appointed by the Chair of the Conseil du trésor and four by each certified association.

1983, c. 55, s. 71; 2013, c. 25, s. 20.

72. The committee shall initiate and carry on negotiations in which its members shall take part as representatives of the Conseil du trésor or of the certified association with a view to the making or the renewal of a collective agreement.

The committee shall perform any other duty the parties may agree to entrust to it.

1983, c. 55, s. 72.

73. The committee shall meet at the request of the chairman who shall convene it whenever requested by the Chair of the Conseil du trésor or by the certified association.

1983, c. 55, s. 73; 2013, c. 25, s. 21.

74. When it deems it expedient, the committee shall submit to the Government its recommendations concerning the making or the renewal of a collective agreement.

1983, c. 55, s. 74.

§ 2 . — Collective agreement

75. On being approved by the Government, the recommendations of the committee submitted pursuant to section 74 have the effect of a collective agreement signed by the parties.

1983, c. 55, s. 75.

§ 3 . — Method for the settlement of disputes

76. The committee shall negotiate a method for the settlement of disputes.

1983, c. 55, s. 76.

CHAPTER V INSTITUTIONAL STRUCTURE OF THE PUBLIC SERVICE

DIVISION I CONSEIL DU TRÉSOR

77. (Repealed).

1983, c. 55, s. 77; 2000, c. 8, s. 140.

78. (Repealed).

1983, c. 55, s. 78; 2000, c. 8, s. 140.

79. (Repealed).

1983, c. 55, s. 79; 2000, c. 8, s. 140.

80. (Repealed).

1983, c. 55, s. 80; 2000, c. 8, s. 140.

81. (Repealed).

1983, c. 55, s. 81; 2000, c. 8, s. 140.

82. (Repealed).

1983, c. 55, s. 82; 2000, c. 8, s. 140.

83. For reasons of urgency or of public interest, or for practical reasons, the Conseil du trésor may, after consulting the Commission de la fonction publique, exempt any position or class of positions, owing to its special nature, from any provisions of this Act it may indicate.

In no case may the Conseil du trésor exempt a position or class of positions from the application of sections 64 to 76.

1983, c. 55, s. 83.

84. Where the Conseil du trésor exempts a position or class of positions from the provisions of this Act in accordance with section 83, it shall table a report within 30 days before the National Assembly if it is sitting, or before the President of the National Assembly if it is not sitting.

The report shall contain the opinion of the Commission de la fonction publique and indicate the positions or classes of positions so exempted and the reasons for the measures.

1983, c. 55, s. 84.

85. The Conseil du trésor shall determine the remuneration, social benefits and other conditions of employment of persons whose position or class of positions is exempt from the provisions of this Act and the manner in which a position or class of positions so exempted is governed.

1983, c. 55, s. 85.

86. The Conseil du trésor may, according to law, enter into an agreement with any government or organization in order to facilitate the carrying out of its functions under this Act.

1983, c. 55, s. 86.

DIVISION II CHAIRMAN OF THE CONSEIL DU TRÉSOR

1996, c. 35, s. 10.

87. (Repealed).

1983, c. 55, s. 87; 1996, c. 35, s. 11.

88. (Repealed).

1983, c. 55, s. 88; 1996, c. 35, s. 11.

89. (Repealed).

1983, c. 55, s. 89; 1996, c. 35, s. 11.

90. (Repealed).

1983, c. 55, s. 90; 1996, c. 35, s. 11.

91. (Repealed).

1983, c. 55, s. 91; 1996, c. 35, s. 11.

92. (Repealed).

1983, c. 55, s. 92; 1996, c. 35, s. 11.

93. (Repealed).

1983, c. 55, s. 93; 1996, c. 35, s. 11.

94. (Repealed).

1983, c. 55, s. 94; 1996, c. 35, s. 11.

95. (Repealed).

1983, c. 55, s. 95; 1996, c. 35, s. 11.

96. (Repealed).

1983, c. 55, s. 96; 1988, c. 41, s. 90; 1996, c. 35, s. 11.

97. (Repealed).

1983, c. 55, s. 97; 1996, c. 35, s. 11.

98. (Repealed).

1983, c. 55, s. 98; 1996, c. 35, s. 11.

99. The functions of the chairman of the Conseil du trésor shall include

(1)  establishing and implementing recruitment and promotion qualification processes;

(2)  establishing conditions of eligibility for a qualification process;

(3)  (paragraph repealed);

(4)  reducing the number of candidates who meet the conditions of eligibility for a qualification process;

(4.1)  declaring candidates qualified and establishing banks of qualified persons;

(5)  making sure that candidates are qualified for promotion and declaring them so qualified pursuant to the second paragraph of section 42;

(6)  giving an opinion on the classification he considers, after assessment, to be most appropriate to a person’s qualifications, in accordance with the provisions of this Act;

(7)  (paragraph repealed);

(7.1)  developing a five-year human resources management strategy for the public service, proposing it for approval by the Conseil du trésor, coordinating its implementation and reporting to the latter every two and a half years on the achievement of results;

(7.2)  proposing directions and policies in various areas of human resources management to the Conseil du trésor, including measures to ensure equal employment opportunity;

(7.3)  proposing to the Conseil du trésor changes to the human resources management framework, taking into account organizational and societal changes;

(8)  advising government departments and bodies, and the Government, on management and administrative organization, in particular to improve the quality of service to the public and the efficiency of the organization and staff of government departments and bodies;

(9)  carrying out research, studies and watch activities in human resource management, coordinating them with those carried out within government departments and bodies, and ensuring their diffusion;

(10)  advising and supporting government departments and bodies in implementing human resources management programs and activities;

(11)  instituting and maintaining career planning and development support measures for the managerial staff, in collaboration with government departments and bodies;

(12)  developing and maintaining an integrated data system for human resource management;

(13)  discharging any other duties assigned by the Government.

1983, c. 55, s. 99; 1996, c. 35, s. 12; 2013, c. 25, s. 22.

100. The chairman of the Conseil du trésor shall place and, where applicable, retrain permanent public servants who have been placed on reserve or who exercise their right to reappointment according to law or to an agreement with the Government.

1983, c. 55, s. 100; 1996, c. 35, s. 16.

101. Where the chairman of the Conseil du trésor is unable to place a public servant having permanent tenure, who has been placed on reserve, in a position consistent with his classification, the chairman of the Conseil du trésor may assign a new classification to him in conformity with the conditions and modalities prescribed by the Conseil du trésor or provided in a collective agreement, after examining his qualifications.

In no case may the new classification entail a decrease in the regular salary to which the public servant was entitled before being assigned that classification.

1983, c. 55, s. 101; 1996, c. 35, s. 16.

102. The chairman of the Conseil du trésor may, in writing and to the extent he indicates, delegate the exercise of the functions assigned to him under this Act to a deputy minister or chief executive officer, except the functions assigned to him under sections 30 and 31, paragraph 6 of section 99 and sections 100 and 101.

The instrument of delegation may authorize the deputy minister or the chief executive officer to subdelegate the functions he indicates, and, where he does so, he must identify the titles of the holders of positions or the public servants to whom the functions may be subdelegated.

The chairman of the Conseil du trésor may verify or mandate a person or a body to verify the carrying out of the delegation or subdelegation, or revoke the delegation at any time.

1983, c. 55, s. 102; 1996, c. 35, s. 13; 2000, c. 8, s. 141.

103. (Repealed).

1983, c. 55, s. 103; 1996, c. 35, s. 14.

104. (Repealed).

1983, c. 55, s. 104; 1996, c. 35, s. 14.

DIVISION III COMMISSION DE LA FONCTION PUBLIQUE

§ 1 . — Organization of the Commission

105. A Commission de la fonction publique is hereby established.

1983, c. 55, s. 105.

106. The Commission consists of not fewer than three nor over five members, including a chairman, who is its chief executive officer.

On the motion of the Prime Minister, the National Assembly shall appoint the members by a resolution approved by not less than two-thirds of its members.

The Government shall fix the remuneration, social benefits and other conditions of employment of the members of the Commission.

Members of the Commission shall perform their duties on a full-time basis.

1983, c. 55, s. 106; 1984, c. 47, s. 203.

107. The term of office of any member of the Commission is not over five years.

At the expiry of his term, a member remains in office until he is reappointed or replaced.

1983, c. 55, s. 107.

108. A member of the Commission may resign at any time by giving notice thereof in writing to the President of the National Assembly.

He shall not be dismissed except by a resolution of the Assembly, approved by not less than two-thirds of its members.

1983, c. 55, s. 108.

108.1. In addition to the powers and duties otherwise conferred on the chair of the Commission, the chair is responsible for the management and administration of the Commission.

The functions of the chair include

(1)  fostering the participation of the members in the formulation of general directions for the Commission so as to maintain a high level of quality and coherence in its decisions;

(2)  coordinating the activities of and assigning work to the members of the Commission, who, in that respect, must comply with the chair’s orders and directives;

(3)  seeing that standards of ethical conduct are observed;

(4)  promoting professional development of the members as regards the exercise of their functions; and

(5)  determining the cases where an appeal must be heard by more than one member.

2013, c. 25, s. 23.

109. Where the chairman of the Commission is absent or unable to act or where the office of chairman is vacant, the President of the National Assembly may, with the consent of the Prime Minister and of the Leader of the Official Opposition in the Assembly, appoint one of the other members of the Commission to act in place of the chairman in the interim.

1983, c. 55, s. 109; 1999, c. 40, s. 135.

110. The secretary and the other members of the staff of the Commission are appointed in accordance with this Act.

1983, c. 55, s. 110; 2000, c. 8, s. 242.

111. No member of the Commission may, under pain of forfeiture of office, have a direct or indirect interest in any undertaking that puts his personal interest in conflict with that of the Commission.

Forfeiture is not incurred if the interest devolves to a member by succession or gift, provided that he renounces or disposes of it with all possible dispatch.

1983, c. 55, s. 111.

112. The minutes of a sitting, approved by the Commission and signed by the chairman or the secretary, are authentic. The same rule applies to a document or a copy emanating from the Commission or forming part of its records, if it is certified by the chairman or the secretary.

1983, c. 55, s. 112.

113. Neither the Commission nor any of its members may be sued for any official act performed in good faith in the exercise of their functions.

1983, c. 55, s. 113.

114. Except on a matter of competence, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised nor any injunction granted against the Commission or against any of its members acting in his official capacity.

Two judges of the Court of Appeal, on an application, may summarily annul any decision, order or injunction granted contrary to the first paragraph.

1983, c. 55, s. 114; 2014, c. 1, s. 781; I.N. 2016-01-01 (NCCP).

§ 2 . — Functions and powers of the Commission

115. In addition to hearing the appeals brought by public servants under this Act, the Commission shall

(1)  ascertain the impartiality and fairness of the decisions made under this Act and under sections 30 to 36 of the Public Administration Act (chapter A-6.01), which affect public servants;

(2)  ascertain whether the system of recruitment and promotion of public servants is in compliance with the Act and the regulations thereunder;

(3)  report in writing to the Minister of Justice, after conducting an inquiry, on whether there is sufficient cause to dismiss or to suspend without remuneration the Director of Criminal and Penal Prosecutions or the Deputy Director of Criminal and Penal Prosecutions as provided for in section 6 or 6.1 of the Act respecting the Director of Criminal and Penal Prosecutions (chapter D-9.1.1);

(4)  report in writing to the Minister of Public Security, after conducting an inquiry, on whether there is sufficient cause to dismiss or to suspend without remuneration the Anti-Corruption Commissioner or an Associate Commissioner as provided for in section 5.2.1, 5.2.2 or 8.2 of the Anti-Corruption Act (chapter L-6.1);

(5)  report in writing to the Minister of Public Security, after conducting an inquiry, on whether there is sufficient cause to dismiss or to suspend without remuneration the Director General of the Sûreté du Québec as provided for in section 56.5 or 56.5.1 of the Police Act (chapter P-13.1).

For the purposes of the carrying out of the first paragraph, the Commission shall make any inquiry it deems necessary, formulate recommendations to the appropriate authorities or, where it deems it useful, make a report to the National Assembly.

The Commission may also, at the request of the chair of the Conseil du trésor, analyze an evaluation tool intended for use in a qualification process and certify that its content, the criteria evaluated and the correction grid and procedure are consistent with section 48 and allow an impartial assessment of the value of the candidates with regard to the positions specified by the chair of the Conseil du trésor.

1983, c. 55, s. 115; 2000, c. 8, s. 142; 2005, c. 34, s. 54; 2013, c. 25, s. 24; 2018, c. 1, s. 50; 2019, c. 6, s. 18.

115.1. The Commission shall also keep a records office whose function is to manage, in accordance with the collective agreements binding the Government and the associations certified under Chapter IV, the grievances filed by unionized public servants that are set down for arbitration.

2013, c. 25, s. 25.

115.2. Except in respect of the management of the resources assigned to the records office, Divisions II, III and V of Chapter II of the Public Administration Act (chapter A-6.01) and section 124 of this Act do not apply to the activities of the records office.

2013, c. 25, s. 25.

116. The Commission shall, by regulation,

(1)  (subparagraph repealed);

(2)  determine the rules of proof and procedure;

(3)  provide for its internal management.

The Commission shall publish every draft regulation in the Gazette officielle du Québec, with a notice that it may be adopted with or without amendment at the expiry of 30 days from that publication.

Regulations of the Commission come into force fifteen days after publication in the Gazette officielle du Québec or on any later date fixed therein.

1983, c. 55, s. 116; 2013, c. 25, s. 26.

116.1. The Commission may, if circumstances permit, offer mediation to the parties.

Mediation sessions are presided over by a member, by a public servant of the Commission, or by any other person designated by the chair of the Commission.

2013, c. 25, s. 27.

116.2. Except with the consent of the parties, nothing that is said or written in the course of a mediation session may be admitted as evidence.

2013, c. 25, s. 27.

116.3. A member who has conducted a mediation session may not have a decision-making role in the dispute in question.

2013, c. 25, s. 27.

116.4. A mediator cannot be compelled to disclose anything revealed to or learned by the mediator in the exercise of mediation functions or to produce a document prepared or obtained in the course of such functions before a court, a body or a person or body of the administrative branch exercising adjudicative functions.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has a right of access to a document contained in mediation records.

2013, c. 25, s. 27.

116.5. The Commission may also, prior to a hearing before an arbitrator to settle a grievance filed by a unionized public servant, preside over mediation sessions between the parties concerned, subject to terms and conditions mutually agreed by the parties.

Mediation sessions are conducted by a member or a public servant of the Commission, or by any other person designated by the chair of the Commission.

Sections 116.2 to 116.4 apply to mediation sessions under this section.

2013, c. 25, s. 27.

117. The Commission, its members and any person entrusted by it with making an inquiry have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1983, c. 55, s. 117.

118. A member of the Commission may be recused; articles 201 to 205 of the Code of Civil Procedure (chapter C-25.01) apply to the recusation, with the necessary modifications

1983, c. 55, s. 118; I.N. 2016-01-01 (NCCP).

119. The Commission has all the necessary powers to exercise its jurisdiction; it may, in particular, make any order it considers proper to safeguard the rights of the parties, and decide any question of fact or of law.

1983, c. 55, s. 119.

120. The Commission may extend any time limit fixed by law where it considers that a public servant was unable to act sooner or to appoint a person to act in his place within the prescribed time limit.

1983, c. 55, s. 120.

121. The Commission may, to expedite business, appoint substitute members for a term of not over one year. With the chair’s permission, a member whose term has expired may continue the examination of a matter and make a decision.

Substitute members do not take part in the Commission’s activities under section 115.

The Office of the National Assembly shall fix the fees, allowances or salaries of the substitute commissioners.

Sections 111, 113, 114 and 117 to 120 apply to substitute commissioners.

1983, c. 55, s. 121; 2000, c. 8, s. 143; 2013, c. 25, s. 28.

122. Every substitute member appointed by the Commission de la fonction publique is chosen from a list drawn up annually, on the recommendation of the Prime Minister, by a resolution of the National Assembly approved by not less than two-thirds of its members.

The list shall remain in force until replaced pursuant to the first paragraph.

1983, c. 55, s. 122; 2000, c. 8, s. 144; 2013, c. 25, s. 29.

123. A decision of the Commission must be rendered in writing and be substantiated. It forms part of the records of the Commission.

The Commission, on application, may review or revoke any decision it has made

(1)  where a new fact is discovered which, had it been known in time, could have warranted a different decision;

(2)  where a party, owing to reasons considered sufficient, could not be heard; or

(3)  where a substantive or procedural defect is of a nature likely to invalidate the decision.

In the case described in subparagraph 3 of the second paragraph, the decision may not be reviewed or revoked by the member having made the decision.

1983, c. 55, s. 123; 2013, c. 25, s. 30.

123.1. Where an appeal is brought before the Commission under section 35, the decision must be rendered within 30 days of being taken under advisement, unless the chairman of the Commission grants an extension on serious grounds.

Where a member before whom an appeal has been brought fails to render a decision within 30 days or within the extension granted, the chairman may, on the chairman’s initiative or on the application of a party, remove the member from the case.

Before granting an extension or removing a member who has failed to render a decision within the required time, the chairman must consider the circumstances and the interests of the parties.

2000, c. 8, s. 145.

124. Not later than 31 July each year, the Commission shall submit a report of its activities for the preceding fiscal year to the President of the National Assembly. The report shall be tabled before the National Assembly if it is in session or, if it is not sitting, it shall be tabled within 30 days after the opening of the next session or resumption.

1983, c. 55, s. 124.

125. The books and accounts of the Commission are audited by the Auditor General.

1983, c. 55, s. 125; 2008, c. 23, s. 14.

CHAPTER VI REGULATIONS

126. The Government may, by regulation, on the advice of the Conseil du trésor,

(1)  specify the standards of ethics and discipline prescribed in this Act and add to them;

(2)  define disciplinary action applicable to public servants and determine the conditions under which it may be taken;

(3)  determine on what conditions and according to what modalities a public servant may be provisionally relieved of his duties and the cases where the relief is with or without remuneration;

(4)  (paragraph repealed);

(5)  amend, replace or repeal a regulation made by the Minister of the Civil Service pursuant to the Civil Service Act (chapter F-3.1).

1983, c. 55, s. 126; 2013, c. 25, s. 31.

127. The Government, by regulation, shall make provision for an appeal in the matters it determines, for public servants who are not governed by a collective agreement and for whom no appeal is provided in those matters under this Act.

The regulation shall also prescribe the rules of procedure to be followed.

Appeals shall be heard and decided by the Commission de la fonction publique. Subparagraph 2 of the first paragraph of section 116, where it concerns rules of procedure, does not apply to such appeals.

1983, c. 55, s. 127; 2000, c. 8, s. 146.

128. The Government shall publish the text of every draft regulation in the Gazette officielle du Québec with a notice that it may be adopted with or without amendment on the expiry of 30 days from that publication.

Regulations of the Government come into force fifteen days after publication in the Gazette officielle du Québec or on any later date fixed therein.

1983, c. 55, s. 128.

CHAPTER VII PENAL PROVISIONS

1992, c. 61, s. 307.

129. Every person who commits a fraudulent act, or incites a person to commit a fraudulent act, in connection with a recruitment or promotion qualification process is guilty of an offence and liable to a fine of $700 to $2,800.

A person found guilty of such an offence is removed from all banks of qualified persons established before the date of the judgment and from any qualification process under way on that date. In addition, the person ceases to be eligible for any qualification process for a period of five years and, if a public servant, the person is also liable to disciplinary action.

Proceedings for the offence described in the first paragraph are prescribed one year from the date on which the prosecutor becomes aware of the commission of the offence.

1983, c. 55, s. 129; 1986, c. 58, s. 38; 1990, c. 4, s. 426; 1991, c. 33, s. 40; 2013, c. 25, s. 41; 2013, c. 25, s. 32.

130. Every person who uses intimidation or threats to induce a public servant to engage in partisan work or to punish him for refusing to do so is guilty of an offence and liable to a fine of $700 to $7,000.

1983, c. 55, s. 130; 1986, c. 58, s. 39; 1990, c. 4, s. 427; 1991, c. 33, s. 41.

131. (Repealed).

1983, c. 55, s. 131; 1990, c. 4, s. 428.

CHAPTER VIII TRANSITIONAL AND FINAL PROVISIONS

132. (Amendment integrated into c. A-2.1, s. 34).

1983, c. 55, s. 132.

133. (Amendment integrated into c. A-6, s. 20).

1983, c. 55, s. 133.

134. (Amendment integrated into c. A-6, s. 22).

1983, c. 55, s. 134.

135. (Amendment integrated into c. A-6, ss. 46.1, 46.2).

1983, c. 55, s. 135.

136. (Amendment integrated into c. A-23.1, Division III.1, ss. 124.1, 124.2).

1983, c. 55, s. 136.

137. (Amendment integrated into c. A-23.1, s. 127).

1983, c. 55, s. 137.

138. (Amendment integrated into c. C-27, s. 1).

1983, c. 55, s. 138.

139. (Amendment integrated into c. C-64.1, s. 33).

1983, c. 55, s. 139.

140. (Amendment integrated into c. E-18, s. 4).

1983, c. 55, s. 140.

141. (Amendment integrated into c. E-18, s. 10).

1983, c. 55, s. 141.

142. (Amendment integrated into c. E-18, s. 10.1).

1983, c. 55, s. 142.

143. (Amendment integrated into c. E-18, Division II.2, ss. 11.5, 11.6).

1983, c. 55, s. 143.

144. (Amendment integrated into c. F-2, s. 105).

1983, c. 55, s. 144.

145. (Amendment integrated into c. M-31, s. 5).

1983, c. 55, s. 145.

146. (Amendment integrated into c. M-34, s. 1).

1983, c. 55, s. 146.

147. (Amendment integrated into c. R-10, s. 2).

1983, c. 55, s. 147.

148. (Amendment integrated into c. R-10, s. 4).

1983, c. 55, s. 148.

149. (Amendment integrated into c. R-11, s. 9).

1983, c. 55, s. 149.

150. (Amendment integrated into c. R-12, s. 55).

1983, c. 55, s. 150.

151. (Amendment integrated into c. R-12, s. 63.6).

1983, c. 55, s. 151.

152. (Amendment integrated into c. R-12, s. 99.1).

1983, c. 55, s. 152.

153. (Repealed).

1983, c. 55, s. 153; 2013, c. 25, s. 33.

154. (Repealed).

1983, c. 55, s. 154; 2013, c. 25, s. 33.

155. (Repealed).

1983, c. 55, s. 155; 2013, c. 25, s. 33.

156. (Repealed).

1983, c. 55, s. 156; 2013, c. 25, s. 33.

157. (Repealed).

1983, c. 55, s. 157; 2013, c. 25, s. 33.

158. (Repealed).

1983, c. 55, s. 158; 2013, c. 25, s. 33.

159. (Repealed).

1983, c. 55, s. 159; 2013, c. 25, s. 33.

160. (Repealed).

1983, c. 55, s. 160; 2013, c. 25, s. 33.

161. (Repealed).

1983, c. 55, s. 161; 1999, c. 40, s. 135; 2013, c. 25, s. 33.

162. (Repealed).

1983, c. 55, s. 162; 2013, c. 25, s. 33.

163. (Repealed).

1983, c. 55, s. 163; 2013, c. 25, s. 33.

164. (Repealed).

1983, c. 55, s. 164; 2013, c. 25, s. 33.

165. (Repealed).

1983, c. 55, s. 165; 2013, c. 25, s. 33.

166. (Repealed).

1983, c. 55, s. 166; 2013, c. 25, s. 33.

167. (Repealed).

1983, c. 55, s. 167; 2013, c. 25, s. 33.

168. (Repealed).

1983, c. 55, s. 168; 2013, c. 25, s. 33.

169. (Repealed).

1983, c. 55, s. 169; 2013, c. 25, s. 33.

170. (Repealed).

1983, c. 55, s. 170; 2013, c. 25, s. 33.

171. The chairman of the Conseil du trésor is responsible for the administration of this Act.

1983, c. 55, s. 171; 1996, c. 35, s. 15.

172. (Repealed).

1983, c. 55, s. 172; 2013, c. 25, s. 33.

173. (This section ceased to have effect on 21 March 1989).

1983, c. 55, s. 173; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

174. (Omitted).

1983, c. 55, s. 174.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 55 of the statutes of 1983, in force on 1 July 1984, is repealed, except section 174, effective from the coming into force of chapter F-3.1.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 42 to 50 and 53 of chapter 55 of the statutes of 1983, in force on 1 March 1985, are repealed effective from the coming into force of the updating to 1 March 1985 of chapter F-3.1.1 of the Revised Statutes.