A-6.002 - Tax Administration Act

Section 5 Disposition versions

2011-04-01

5. (Repealed).

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145; 1990, c. 4, s. 586; 1996, c. 35, s. 19; 1997, c. 14, s. 312; 1998, c. 16, s. 263; 2000, c. 8, s. 242; 2006, c. 38, s. 42; 2010, c. 7, s. 216; 2010, c. 31, s. 96.

2011-02-14

5. The other public servants and employees necessary for the proper administration of the Ministère du Revenu shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C-27) or an arbitration award in lieu thereof, the Deputy Minister may object to the filling of a position in the Ministère du Revenu by a person who, within the preceding five years, has been convicted of an offence under a fiscal law of Canada, the Criminal Code (R.S.C. 1985, c. C-46), the Narcotic Control Act (R.S.C. 1985, c. N-1) or the Food and Drugs Act (R.S.C. 1985, c. F-27), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Deputy Minister shall transmit his substantiated decision to the person concerned and to the chairman of the Conseil du trésor if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned who is dissatisfied with the decision of the Deputy Minister may appeal therefrom to the Commission de la fonction publique by an application in writing, which must be received by the Commission within 30 days of the sending of the decision. The Commission shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person in accordance with section 70 of the Public Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145; 1990, c. 4, s. 586; 1996, c. 35, s. 19; 1997, c. 14, s. 312; 1998, c. 16, s. 263; 2000, c. 8, s. 242; 2006, c. 38, s. 42; 2010, c. 7, s. 216.

2007-04-01

5. The other public servants and employees necessary for the proper administration of the Ministère du Revenu, including the enterprise registrar, shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C-27) or an arbitration award in lieu thereof, the Deputy Minister may object to the filling of a position in the Ministère du Revenu by a person who, within the preceding five years, has been convicted of an offence under a fiscal law of Canada, the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1) or the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Deputy Minister shall transmit his substantiated decision to the person concerned and to the chairman of the Conseil du trésor if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned who is dissatisfied with the decision of the Deputy Minister may appeal therefrom to the Commission de la fonction publique by an application in writing, which must be received by the Commission within 30 days of the sending of the decision. The Commission shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person in accordance with section 70 of the Public Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145; 1990, c. 4, s. 586; 1996, c. 35, s. 19; 1997, c. 14, s. 312; 1998, c. 16, s. 263; 2000, c. 8, s. 242; 2006, c. 38, s. 42.

2000-10-01

5. The other public servants and employees necessary for the proper administration of the Ministère du Revenu shall be appointed in accordance with the Public Service Act (chapter F‐3.1.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C-27) or an arbitration award in lieu thereof, the Deputy Minister may object to the filling of a position in the Ministère du Revenu by a person who, within the preceding five years, has been convicted of an offence under a fiscal law of Canada, the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1) or the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Deputy Minister shall transmit his substantiated decision to the person concerned and to the chairman of the Conseil du trésor if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned who is dissatisfied with the decision of the Deputy Minister may appeal therefrom to the Commission de la fonction publique by an application in writing, which must be received by the Commission within 30 days of the sending of the decision. The Commission shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person in accordance with section 70 of the Public Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145; 1990, c. 4, s. 586; 1996, c. 35, s. 19; 1997, c. 14, s. 312; 1998, c. 16, s. 263; 2000, c. 8, s. 242.

1998-06-12

5. The other public servants and employees necessary for the proper administration of the Ministère du Revenu shall be appointed and remunerated in accordance with the Public Service Act (chapter F‐3.1.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C-27) or an arbitration award in lieu thereof, the Deputy Minister may object to the filling of a position in the Ministère du Revenu by a person who, within the preceding five years, has been convicted of an offence under a fiscal law of Canada, the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1) or the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Deputy Minister shall transmit his substantiated decision to the person concerned and to the chairman of the Conseil du trésor if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned who is dissatisfied with the decision of the Deputy Minister may appeal therefrom to the Commission de la fonction publique by an application in writing, which must be received by the Commission within 30 days of the sending of the decision. The Commission shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person in accordance with section 70 of the Public Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145; 1990, c. 4, s. 586; 1996, c. 35, s. 19; 1997, c. 14, s. 312; 1998, c. 16, s. 263.

1997-05-22

5. The other public servants and employees necessary for the proper administration of the Ministère shall be appointed and remunerated in accordance with the Public Service Act (chapter F‐3.1.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C‐27) or an arbitration award in lieu thereof, the Deputy Minister may object to the filling of a position in his Ministère by a person who, during the preceding five years, has been convicted of an offence under a fiscal law of Canada, the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1) or the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Deputy Minister shall transmit his substantiated decision to the person concerned and to the chairman of the Conseil du trésor if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned, if he believes himself wronged by the decision of the Deputy Minister, may appeal therefrom to the Commission de la fonction publique by application, which must be received by the Commission within 30 days of the sending of the decision. The Commission shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person in accordance with section 70 of the Public Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145; 1990, c. 4, s. 586; 1996, c. 35, s. 19; 1997, c. 14, s. 312.

1996-06-20

5. The other public servants and employees necessary for the proper administration of the department shall be appointed and remunerated in accordance with the Public Service Act (chapter F‐3.1.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C‐27) or an arbitration award in lieu thereof, the Deputy Minister may object to the filling of a position in his department by a person who, during the preceding five years, has been convicted of an offence under a fiscal law of Canada, the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1) or the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Deputy Minister shall transmit his substantiated decision to the person concerned and to the chairman of the Conseil du trésor if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned, if he believes himself wronged by the decision of the Deputy Minister, may appeal therefrom to the Commission de la fonction publique by application, which must be received by the Commission within 30 days of the sending of the decision. The Commission shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person in accordance with section 70 of the Public Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145; 1990, c. 4, s. 586; 1996, c. 35, s. 19.

1990-10-01

5. The other public servants and employees necessary for the proper administration of the department shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C-27) or an arbitration award in lieu thereof, the Deputy Minister may object to the filling of a position in his department by a person who, during the preceding five years, has been convicted of an offence under a fiscal law of Canada, the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1) or the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Deputy Minister shall transmit his substantiated decision to the person concerned and to the Office des ressources humaines if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned, if he believes himself wronged by the decision of the Deputy Minister, may appeal therefrom to the Commission de la fonction publique by application, which must be received by the Commission within 30 days of the sending of the decision. The Commission shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person in accordance with section 70 of the Public Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145; 1990, c. 4, s. 586.

1988-12-12

5. The other public servants and employees necessary for the proper administration of the department shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C-27) or an arbitration award in lieu thereof, the Deputy Minister may object to the filling of a position in his department by a person who, during the preceding five years, has been convicted of or has pleaded guilty to an offence under a fiscal law of Canada, the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1) or the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Deputy Minister shall transmit his substantiated decision to the person concerned and to the Office des ressources humaines if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned, if he believes himself wronged by the decision of the Deputy Minister, may appeal therefrom to the Commission de la fonction publique by application, which must be received by the Commission within 30 days of the sending of the decision. The Commission shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person in accordance with section 70 of the Public Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145.

1984-04-01

5. The other public servants and employees necessary for the proper administration of the department shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C-27) or an arbitration award in lieu thereof, the Deputy Minister may object to the filling of a position in his department by a person who, during the preceding five years, has been convicted of or has pleaded guilty to an offence under a fiscal law of Canada, the Criminal Code, the Narcotic Control Act or the Food and Drugs Act (Statutes of Canada), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Deputy Minister shall transmit his substantiated decision to the person concerned and to the Office des ressources humaines if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned, if he believes himself wronged by the decision of the Deputy Minister, may appeal therefrom to the Commission de la fonction publique by application, which must be received by the Commission within 30 days of the sending of the decision. The Commission shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person in accordance with section 70 of the Public Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19; 1983, c. 55, s. 145.

1982-06-23

5. 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-3.1).

However, notwithstanding any inconsistent provision of any Act, regulation, by-law or any collective agreement within the meaning of the Labour Code (chapter C-27) or an arbitration award in lieu thereof, the Minister may object to the filling of a position in his department by a person who, during the preceding five years, has been convicted of or has pleaded guilty to an offence under a fiscal law of Canada, the Criminal Code, the Narcotic Control Act or the Food and Drugs Act (Statutes of Canada), to the extent that the offence is incompatible with the position to be filled, unless the person has been pardoned.

The Minister shall transmit his substantiated decision to the person concerned and to the Office du recrutement et de la sélection du personnel de la fonction publique if a competition has been held.

Except where the position to be filled is of a casual nature, the person concerned, if he believes himself wronged by the decision of the Minister, may, within thirty days of the sending of the decision, appeal therefrom to the Commission de la fonction publique, which shall hear the appeal and decide it unless a collective agreement or an arbitration award in lieu thereof has given jurisdiction over such matter to another person, in accordance with section 116 of the Civil Service Act.

1972, c. 22, s. 5; 1978, c. 15, s. 140; 1982, c. 38, s. 19.

1979-04-01

5. 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-3.1).

1972, c. 22, s. 5; 1978, c. 15, s. 140.

1977-12-31

5. 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).

1972, c. 22, s. 5.