46. If the number of permanent functionaries in any class becomes greater than the number allowed in a plan of organization, the remainder shall become supernumeraries in that class in which they rank and must be transferred to the Ministère de la fonction publique and shall form part of such department as available functionaries until they are transferred to another portion of the civil service, until they are appointed to the Ministère de la fonction publique otherwise than as available functionaries or until they leave such service upon resignation or dismissal.
Sub-paragraph 3 of paragraph l of section 1 of the Labour Code shall not apply to such functionaries as long as they remain in the Ministère de la fonction publique as available functionaries.
1965 (1st sess.), c. 14, s. 45; 1969, c. 14, s. 32; 1977, c. 5, s. 14.