F-3.1.1 - Public Service Act

Section 43 Disposition versions

2022-02-21

43. Each deputy minister and chief executive officer shall establish and implement selection processes for recruiting and promoting public servants within his government department or body. However, in cases determined by the Conseil du trésor, the deputy minister or the chief executive officer must obtain permission from the Chair of the Conseil du trésor before initiating a selection process.

The Conseil du trésor may determine that, under certain circumstances, the Chair of the Conseil du trésor must establish and implement such selection processes for several government departments and bodies, while allowing the departments and bodies to select a candidate from among the candidates who participated in the process.

Without limiting the powers conferred on the Commission de la fonction publique under section 115, the Chair of the Conseil du trésor may conduct an audit to verify whether the deputy ministers and chief executive officers establish and implement the selection processes in compliance with this Act. For that purpose, the Chair of the Conseil du trésor may designate a person in writing to conduct the audit.

1983, c. 55, s. 43; 1996, c. 35, s. 4; 2013, c. 25, s. 4; 2021, c. 11, s. 12.

2015-05-29

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.

1996-06-20

43. The chairman of the Conseil du trésor shall prescribe the conditions of eligibility for a competition held 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 competition, 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 competition is held.

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

1985-02-01

43. The Office des ressources humaines shall prescribe the conditions of eligibility for a competition held to fill a position or several positions.

The conditions of eligibility must be consistent with the regulations under section 103 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 competition, 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 competition is held.

1983, c. 55, s. 43.