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F-3.1.1 - Public Service Act

Section 115
Disposition versions

Full text
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 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 one of the Deputy Directors 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 must also conduct a special audit on any matter within its jurisdiction when the Chair of the Conseil du trésor requests it. To do so, the Commission shall make any inquiry it deems necessary. It must then report its audit findings to the Chair of the Conseil du trésor. However, the audit may not take precedence over the Commission’s other functions and obligations.
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; 2021, c. 32, s. 20; 2021, c. 11, s. 21.
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 one of the Deputy Directors 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; 2021, c. 32, s. 20.
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. 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 to the Minister of Justice, after conducting an inquiry, on whether there is sufficient cause to dismiss the Director of Criminal and Penal Prosecutions or the Deputy Director of Criminal and Penal Prosecutions or suspend the Director or Deputy Director without remuneration as provided for in section 6 of the Act respecting the Director of Criminal and Penal Prosecutions (chapter D-9.1.1);
(4)  report to the Minister of Public Security, after conducting an inquiry, on whether there is sufficient cause to dismiss or suspend without remuneration the Anti-Corruption Commissioner or an Associate Commissioner as provided for in sections 5.4 and 8.3 of the Anti-Corruption Act (chapter L-6.1).
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.
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 to the Minister of Justice, after conducting an inquiry, on whether there is sufficient cause to dismiss the Director of Criminal and Penal Prosecutions or the Deputy Director of Criminal and Penal Prosecutions or suspend the Director or Deputy Director without remuneration as provided for in section 6 of the Act respecting the Director of Criminal and Penal Prosecutions (chapter D-9.1.1).
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.
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 to the Minister of Justice, after conducting an inquiry, on whether there is sufficient cause to dismiss the Director of Criminal and Penal Prosecutions or the Deputy Director of Criminal and Penal Prosecutions or suspend the Director or Deputy Director without remuneration as provided for in section 6 of the Act respecting the Director of Criminal and Penal Prosecutions (chapter D-9.1.1).
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 competition or the establishment of a candidate inventory 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.
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.
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 competition or the establishment of a candidate inventory 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.
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, 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.
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.
1983, c. 55, s. 115.
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