E-6 - Public Officers Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter E-6

Public Officers Act

DIVISION I APPOINTMENT, SUSPENSION AND REMOVAL

1. Unless otherwise specially provided, every public officer or employee shall be appointed by the Government, by commission or otherwise, and remain in office during pleasure.

Whenever two persons have been appointed jointly by order of the Minister of Justice to hold the office of clerk of appeals, prothonotary of the Superior Court, clerk of the Court of Québec, clerk of the Crown, sheriff or registrar, and one of the two persons ceases to perform his duties, the other shall remain alone in office and shall continue, in his own name, to perform the duties of the office.

R. S. 1964, c. 12, s. 1; 1965 (1st sess.), c. 17, s. 2; 1979, c. 43, s. 1; 1983, c. 54, s. 38; 1988, c. 21, s. 66; 1992, c. 61, s. 286.

2. The Government may appoint the officers and employees necessary for the proper functioning of any commission created under a general or special Act, whenever the Act creating the same has not provided therefor.

It may also provide for the remuneration of such officers and employees and such remuneration shall be payable out of the Consolidated Revenue Fund.

R. S. 1964, c. 12, s. 2.

3. A public officer or employee, who is appointed under permanent commission, but who is removable from office, may be dismissed by order of the Government only.

R. S. 1964, c. 12, s. 3.

4. The incumbent minister of any department may suspend any public officer or employee belonging to his department or attached thereto; he may also cause the suspension to cease, and may reinstate him.

If such suspension affects one of the joint officers holding one or more of the offices mentioned in the second paragraph of section 1, the Minister of Justice may, by letter, authorize the other joint officer to remain alone in office and to continue, alone and in his own name, to perform the duties of the office without the necessity of appointing him anew or of granting him a new commission, and he shall so act until the authorization conferred by the said letter be revoked.

R. S. 1964, c. 12, s. 4; 1965 (1st sess.), c. 16, s. 21; 1978, c. 15, s. 140.

DIVISION II COMMISSIONS

5. The Government may make regulations declaring and determining what officers or classes of officers in the civil service, appointed under orders in council or government orders, shall receive commissions under the Great Seal or under the Privy Seal, respectively, and what fee shall be paid thereon.

Such commissions may be issued to the officers who have not received and are entitled to receive them.

R. S. 1964, c. 12, s. 5.

6. Every commission issued under section 5 shall be recorded in the office of the Provincial Registrar, and notice of the appointments shall be inserted in the Gazette officielle du Québec by the Minister of Justice.

A list of such commissions issued during the year shall be laid before the National Assembly within the first 15 days of its next session.

R. S. 1964, c. 12, s. 6; 1969, c. 26, s. 115.

7. Upon the demise of the Sovereign, it shall not be necessary to renew any commission or appointment by virtue whereof any public officer or employee of Québec held his office or exercised his profession during the preceding reign; but an order shall be issued by the Lieutenant-Governor authorizing every such officer or employee to continue in the exercise of his functions or profession.

R. S. 1964, c. 12, s. 7.

8. Such order being issued, every public officer or employee shall continue in the exercise of the duties of his office or profession, as fully as if again appointed by commission or order in council under the new Sovereign; and all acts and things done and performed, in good faith, by every such officer or employee in the exercise of his duties, between the time of such demise and the issue of the order, shall be good and valid.

R. S. 1964, c. 12, s. 8.

DIVISION III OATHS OR AFFIRMATIONS OF ALLEGIANCE AND OFFICE

9. Every person appointed to any office, function or employment, every member or officer of any public corporation, and every person admitted to practise as a land surveyor, advocate or notary shall make and subscribe the oath or declaration of allegiance and office.

Such an oath or declaration shall be made and subscribed according to Form 1 of this Act unless otherwise provided for by law.

The first two paragraphs do not apply in the case of a municipality or public corporation the council or board of which is composed of a majority of elected municipal officers.

R. S. 1964, c. 12, s. 9; 1969, c. 14, s. 14; 1987, c. 57, s. 797.

10. The above-mentioned Form 1 shall be that of the oath or affirmation of allegiance and office to be made and subscribed by every person who, either of his own accord or in compliance with a lawful requirement, or in obedience to the directions of any statute, desires or is required to make and subscribe such an oath or affirmation.

R. S. 1964, c. 12, s. 10; 1969, c. 14, s. 14.

11. Judges and all other persons authorized by virtue of their office or by special commission for that purpose may administer the oath or affirmation of allegiance and office.

A duplicate of the certificate of such oath or affirmation shall be immediately sent by the person administering it to the clerk of the Conseil exécutif.

R. S. 1964, c. 12, s. 11; 1969, c. 14, s. 14; 1969, c. 26, s. 8; 1977, c. 5, s. 14.

DIVISION IV SECURITY TO BE GIVEN BY PUBLIC OFFICERS AND EMPLOYEES

12. (Repealed).

R. S. 1964, c. 12, s. 12; 1977, c. 5, s. 14; 1979, c. 43, s. 2.

13. (Repealed).

R. S. 1964, c. 12, s. 13; 1965 (1st sess.), c. 17, s. 2; 1974, c. 13, s. 36; 1979, c. 43, s. 2.

14. (Repealed).

R. S. 1964, c. 12, s. 14; 1965 (1st sess.), c. 16, s. 21; 1979, c. 43, s. 2.

15. The Minister of Finance may require any public officer or employee or any class of public officers or employees or any other person appointed to any office or place of trust, in which he receives or pays out public moneys, to give security.

R. S. 1964, c. 12, s. 15; 1979, c. 43, s. 3.

16. The Minister of Finance shall determine the amount of the security and the delay within which it is to be given, if not already determined by law.

He may also declare any security already given to be insufficient, and require another to be given in its place.

R. S. 1964, c. 12, s. 16.

17. The security given by any public officer or employee shall be a guarantee of the faithful performance of his duties; of his accounting for and paying over all public or other moneys, entrusted to him or under his control, to the persons authorized or entitled to receive the same; of his faithful performance of the obligations imposed upon him; and of the payment of the damages occasioned to the Province or to any person through his negligence, misconduct or malversation.

R. S. 1964, c. 12, s. 17.

18. The security given by a public officer shall be a guarantee also of the acts and omissions of the deputy appointed by him before or after he has furnished such security.

R. S. 1964, c. 12, s. 18.

19. Such security shall be a guarantee also of the actions and omissions of the deputy in the performance of his duties during thirty days after the date of the order-in-council accepting the resignation of the officer who appointed him or cancelling the commission of such officer, or the date on which such commission lapses by death or otherwise; nevertheless, the Government may require, within such delay of thirty days or after, that the deputy, replacing the officer of justice who appointed him, furnish new security.

R. S. 1964, c. 12, s. 19.

20. Such security shall be in the form of a pledge of money or debentures, or a security by guarantee policy, or, at the option of the Government, of hypothecary security.

R. S. 1964, c. 12, s. 20.

21. Security by pledge consists in the deposit in money to the amount of the security, by the public officer or employee, or by any surety for him, in the hands of the Minister of Finance or to his credit in any bank approved by him; or in the deposit by the public officer or employee, or by any surety for him, in the hands of the Minister of Finance, of debentures approved by the latter to the amount required, at the rate fixed.

Security by guarantee policy consists in a guarantee policy in favour of the Minister of Finance, issued by the European Assurance Society mentioned in the Imperial Act 22 Victoria, chapter 25, or by any company incorporated and empowered for like purposes, approved by the Government.

Hypothecary security consists in a duly registered hypothecation of immoveable property of sufficient value, by the public officer or employee, or by a surety for him, to the amount required in favour of the Minister of Finance.

Registration of this hypothecation is effected by deposit.

R. S. 1964, c. 12, s. 21.

22. Any person may examine the document constituting the security, in the Ministère des Finances.

R. S. 1964, c. 12, s. 22; 1977, c. 5, s. 14; 1987, c. 68, s. 75.

23. In the case of security by pledge, all interest arising from the moneys or debentures deposited as security shall belong and be paid to the person who has given such security, so long as the public officer or employee has not done or neglected to do anything the doing or neglecting of which would be a breach of the security.

R. S. 1964, c. 12, s. 23.

24. The moneys and debentures given as security shall not, while such security lasts, be liable to seizure either before or after judgment.

R. S. 1964, c. 12, s. 24.

25. The surety of a public officer or employee may free the moneys or debentures given as security, or the immoveable property hypothecated by him, from future liability under his suretyship, by giving at least three months’ previous notice to that effect to the Minister of Finance.

R. S. 1964, c. 12, s. 25.

26. The premium upon guarantee policies, in the case of public officers or employees receiving salaries from the Government, shall be paid by the Minister of Finance, who shall obtain the receipts therefor and deposit them among the records of the Ministère des Finances.

The sum so to be paid by the Ministère des Finances for each officer or employee shall be deducted from his salary.

The Government may authorize the Minister of Finance to take out, in order to be substituted for the security of public officers or employees, a group guarantee policy, and to pay the premium upon such policy out of the consolidated revenue fund.

R. S. 1964, c. 12, s. 26; 1977, c. 5, s. 14.

27. Every public officer or employee not receiving a salary from the Government shall, during the month before the expiry of the guarantee, send to the Ministère des Finances a renewal receipt or a new guarantee policy.

R. S. 1964, c. 12, s. 27; 1977, c. 5, s. 14.

28. The hypothecary security shall have the effect of a principal obligation for the stated amount thereof, although the amount recoverable for the breach thereof be uncertain and undetermined.

Such hypothec shall rank from the date when the bond was registered.

R. S. 1964, c. 12, s. 28.

29. A certificate of the Minister of Justice, in accordance with article 2151 of the Civil Code of Lower Canada, shall have the effect of cancelling such hypothec.

R. S. 1964, c. 12, s. 29; 1965 (1st sess.), c. 16, s. 21.

30. The Minister of Finance shall, from time to time, inquire into the sufficiency of the securities; and, if any security has ceased to be sufficient, he shall communicate such fact to the Government.

R. S. 1964, c. 12, s. 30.

31. Every public officer or employee failing to give, continue or renew any security, when he is obliged to do so, shall ipso facto forfeit his office or employment; but such forfeiture shall not void any act done by him while he held such office.

The Government may extend the delay to give security, if it appears that it is insufficient owing to special circumstances.

It may also, in any case in which the failure to give security has not arisen from wilful neglect, release the forfeiture and reinstate the officer or employee who has so forfeited his office.

R. S. 1964, c. 12, s. 31.

32. In any document made or suit brought under this Act, the personal name of the Minister of Finance need not be used.

R. S. 1964, c. 12, s. 32.

33. In any action brought for the recovery of any sum due in virtue of any security, in consequence of any breach thereof, the certificate of the Minister of Finance shall be proof of such breach and of such amount being due.

R. S. 1964, c. 12, s. 33.

34. The security shall inure in the first place and preferentially to the Minister of Finance to cover any loss to the Province arising from any breach thereof, and, in the second place, to any person who has suffered loss by reason of any such breach.

Any such person, having first obtained the authorization of the Minister of Justice, may, for his own benefit, but at his own risk as regards costs, bring suit in the name of the Minister of Finance for the recovery of his loss out of such security.

R. S. 1964, c. 12, s. 34; 1965 (1st sess.), c. 16, s. 21.

35. The authorization mentioned in section 34 shall not be granted unless the person applying for the same gives security, to the satisfaction of the Minister of Justice, for the payment of all costs that may be incurred by reason of his failure in any such suit or in any proceeding therein.

R. S. 1964, c. 12, s. 35; 1965 (1st sess.), c. 16, s. 21.

36. Any person having such authorization may, upon payment of the sum which is determined by order in council, obtain from the Deputy Minister of Finance a certified copy of the document constituting the security upon which he intends to bring suit.

Such copy, which shall be certified by the Deputy Minister of Finance, shall be authentic evidence of the security.

R. S. 1964, c. 12, s. 36; 1987, c. 68, s. 76.

37. The moneys or debentures may be returned, or the certificate of cancellation given, during the year after the death, resignation or dismissal of the public officer or employee, and, in the case of the withdrawal of the security, during the year following the three months after the notice of withdrawal, if the Minister of Finance be of opinion that there has been no breach of the security.

R. S. 1964, c. 12, s. 37; 1979, c. 43, s. 4.

38. If, within the year after the death, resignation or removal of any public officer or employee, or if, within the year which follows the three months after the notice of the withdrawal by his surety, of the security of such officer or employee, it does not appear that he has been guilty of negligence, misconduct or malversation, the security given shall be also extinguished. The moneys or debentures pledged as security shall afterwards be returned or the hypothec cancelled, as the case may be.

Such public officers and employees, however, and their legal representatives, shall remain personally liable, in accordance with the provisions of the Civil Code of Québec, for the damages arising from their negligence, misconduct or malversation.

R. S. 1964, c. 12, s. 38; 1979, c. 43, s. 5.

39. (Repealed).

R. S. 1964, c. 12, s. 39; 1965 (1st sess.), c. 17, s. 2; 1974, c. 13, s. 36; 1979, c. 43, s. 6.

40. (Repealed).

R. S. 1964, c. 12, s. 40; 1979, c. 43, s. 6.

41. (Repealed).

R. S. 1964, c. 12, s. 41; 1979, c. 43, s. 6.

42. The Minister of Finance shall, within the first 15 days of the opening of each session, produce, for the information of the National Assembly, a detailed statement of all securities given under the authority of this Act, and of any changes that may have been made thereto, since the period of the previous return submitted to the National Assembly.

R. S. 1964, c. 12, s. 42.

DIVISION V SEIZURE OF SALARIES

43. In case of the seizure of the salary of any public officer or employee, a copy of the writ of attachment shall be served on and left with the incumbent minister or deputy minister of the department or chief executive officer of the agency in which the public officer or employee is employed and paid.

R. S. 1964, c. 12, s. 43; 1978, c. 15, s. 140.

44. The incumbent minister or deputy minister of the department or chief executive officer of the agency in which the salary so seized is paid, instead of making a declaration under oath, shall report to the court, under his signature, stating the amount of the salary due at the time of the service of the writ of attachment and the amount of the salary to become due every month, if such public officer or employee continues his services under the same conditions.

R. S. 1964, c. 12, s. 44; 1978, c. 15, s. 140.

45. Any creditor of a public officer or employee may, however, before taking a suit or causing a writ of attachment to issue, produce a sworn statement of his claim or a copy of judgment at the department or agency in which such public officer or employee receives his salary.

If the public officer or employee acknowledges himself to be indebted in the sum demanded, and, in writing, authorizes the payment thereof out of the portion of his salary liable to seizure, the incumbent minister or deputy minister of such department or chief executive officer of such agency shall pay the creditor, according to the authorization, on each pay day.

If several creditors present themselves at the same time, they shall be paid concurrently in proportion to their respective claims.

R. S. 1964, c. 12, s. 45; 1978, c. 15, s. 140.

46. Nothing in section 45 shall prevent the seizure of the part of the salary liable to seizure under paragraph 9 of article 553 of the Code of Civil Procedure; and, in the event of such seizure, the authorization given under section 45 shall become null and of no effect.

R. S. 1964, c. 12, s. 46; 1965 (1st sess.), c. 80, a. 1.

DIVISION VI PUBLIC OFFICERS LIFE AND SICKNESS GROUP INSURANCE

47. The Government may authorize the Minister of Finance to take out insurance policies under the system known as “group insurance” upon the lives of all public officers and employees of the Gouvernement du Québec or of any special class or classes thereof as it may determine, and may pay, to the insurance companies concerned, wholly or in part, the necessary premium out of the consolidated revenue fund; provided that any public officer or employee may signify his desire not to be included in any such group.

R. S. 1964, c. 12, s. 47; 1977, c. 5, s. 14.

48. Every such policy mentioned in section 47 shall apply to such group of public employees, for such amount upon the life of each employee, whether based on the amount of his salary or the length of his service or otherwise, and shall be according to such terms and conditions as the Government may determine.

R. S. 1964, c. 12, s. 48.

49. The benefits becoming due under every such policy upon the death of, or the happening of any certain event to, any employee, shall be payable to such employee or to his heirs or legal representatives, and shall be neither transferable nor subject to seizure.

R. S. 1964, c. 12, s. 49.

50. The Government may authorize the Minister of Finance to take out, in favour of all public officers or employees of the Gouvernement du Québec or of any class or classes thereof, as it may determine, insurance policies against sickness, under the system known as “group insurance”, and may pay to the insurance companies or to the societies concerned a part of the necessary premium out of the consolidated revenue fund; provided that any public officer or employee may signify his desire not to be included in any such group.

The provisions of sections 48 and 49 shall apply, with the necessary modifications, to the insurance policies contemplated by this section.

R. S. 1964, c. 12, s. 50; 1977, c. 5, s. 14.

DIVISION VII

This Division ceased to have effect on 17 April 1987.

51. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

FORM 1

(Sections 9 and 10)

Oath or affirmation of allegiance and office

I, A. B., do swear (or solemnly affirm) that I will be loyal and bear true allegiance to constituted authority and that I will fulfill the duties of my office (or of my function or of my employment, as the case may be,) of .............. honestly and justly. (Where an oath is taken, add: “So help me God.”)

R. S. 1964, c. 12, forms 1, 2; 1969, c. 14, s. 15.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 12 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter E-6 of the Revised Statutes.