F-3.1.1 - Public Service Act

Section 70 Disposition versions

2022-02-21

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, the powers of the Chair of the Conseil du trésor or the powers of a deputy minister or a chief executive officer relating to recruitment or promotion selection processes, selection or certification of selection. 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; 2021, c. 11, s. 18.

2015-05-29

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.

2007-06-08

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 the holding of recruitment or promotion competitions or to the certification of the qualification of candidates. 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.

2000-10-01

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 the holding of recruitment or promotion competitions or to the certification of the qualification of candidates. 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 manpower 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.

1996-06-20

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. 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 the holding of recruitment or promotion competitions or to the certification of the qualification of candidates. 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 manpower 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.

1987-01-01

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. However, no provision of a collective agreement may limit the powers of the Commission de la fonction publique or the powers of the Office des ressources humaines relating to the holding of recruitment or advancement competitions or certificates of qualification, or examinations for grade advancement of public servants or their certificates 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 manpower 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.

1984-04-01

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. However, no provision of a collective agreement may limit the powers of the Commission de la fonction publique or the powers of the Office des ressources humaines relating to the holding of recruitment or advancement competitions or certificates of qualification, or examinations for grade advancement of public servants or their certificates 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 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.