F-3.1.1 - Public Service Act

À jour au 20 décembre 2001

Ce document a valeur officielle.

chapter F-3.1.1

Public Service Act

CHAPTER I APPLICATION AND OBJECT OF THE ACT

DIVISION I APPLICATION

1. This Act applies to persons appointed thereunder.

Persons admitted to the public service under a former Act are deemed to have been appointed under this Act.

Every person contemplated in this section is a public servant.

1983, c. 55, s. 1.

DIVISION II OBJECT OF THE ACT

2. The role of the public service is to provide the public with the services of quality to which it is entitled, implement the policies formulated by constituted authority and ensure the attainment of the other objectives of the state.

1983, c. 55, s. 2.

3. The object of this Act is to enable the public service to fulfil its role. For that purpose, the Act establishes a mode of organization of human resources intended to promote

(1)  efficient administration and optimum utilization and development of human resources,

(2)  the exercise of the powers of human resources management at the least possible hierarchical remove from the persons concerned and the application of a system under which the public servant vested with such management powers is accountable for his acts, within the means put at his disposal,

(3)  equal opportunity for employment in the public service for all citizens,

(4)  impartiality and fairness in decisions affecting public servants, and

(5)  optimum contribution of the various components of Québec society to the public service.

The mode of organization of human resources must also facilitate the achievement of the objectives of the Public Administration Act (chapter A-6.01).

1983, c. 55, s. 3; 2000, c. 8, s. 125.

CHAPTER II RIGHTS AND OBLIGATIONS OF PUBLIC SERVANTS

DIVISION I CONDITIONS OF SERVICE

§ 1 . — Standards of ethics and discipline

4. A public servant has such primary and habitual duties and powers as are attached to his position.

A public servant also has the powers and duties which may be assigned to him by any person duly authorized to define his duties and to supervise his work.

A public servant shall exercise his powers and perform his duties in accordance with the standards of ethics and discipline prescribed in this Act or in the regulations under it.

1983, c. 55, s. 4.

5. Every public servant is bound ex officio to be loyal and to bear allegiance to constituted authority.

A public servant shall perform his duties in the public interest, to the best of his ability, with honesty and impartiality, and shall treat the public with consideration and diligence.

1983, c. 55, s. 5.

6. Subject to the provisions relating to access to information and the protection of personal information, every public servant is bound to confidentiality regarding any matter brought to his knowledge in the performance of his duties.

1983, c. 55, s. 6.

7. In no case may a public servant have a direct or indirect interest in any undertaking that causes his personal interest to conflict with his duties of office.

Where the interest devolves to him by succession or gift, he shall renounce or dispose of it with all possible dispatch.

1983, c. 55, s. 7.

8. In no case may a public servant accept any sum of money or any other consideration for the performance of his duties over and above the amount allocated to him for that purpose under this Act.

1983, c. 55, s. 8.

9. In no case may a public servant, directly or indirectly,

(1)  grant, solicit, or accept, as a public servant, any undue favour or benefit for himself or another person;

(2)  use for his own benefit any state property or any information obtained by him as a public servant.

1983, c. 55, s. 9.

10. A public servant shall be politically neutral in performing his duties.

1983, c. 55, s. 10.

11. A public servant shall act with reserve in any public display of his political opinions.

1983, c. 55, s. 11.

12. Nothing in this Act prohibits a public servant from being a member of a political party, attending a political meeting or making, in accordance with the law, a contribution to a political party or a local association of a political party or to a candidate in an election.

1983, c. 55, s. 12.

§ 2 . — Probation and permanent tenure

13. Every person recruited as a public servant shall undergo a probationary period of not less than six months.

The Conseil du trésor may determine the classes of positions for which a probationary period of over six months is required, and fix the length of such a period.

1983, c. 55, s. 13.

14. A public servant obtains permanent tenure after being employed continuously in the public service for two years.

The Conseil du trésor shall define what constitutes the fact of being employed continuously in the public service, within the meaning of the first paragraph.

1983, c. 55, s. 14.

15. In the case of a promotion, the Conseil du trésor may determine the classes of positions for which a probationary period is required and fix the length of such a period.

1983, c. 55, s. 15.

§ 3 . — Disciplinary action

16. A public servant who contravenes the standards of ethics and discipline is liable to disciplinary action, which may include dismissal, according to the nature and gravity of the fault.

1983, c. 55, s. 16.

17. The imposition of a disciplinary action on a public servant, in accordance with section 16 or for any other just and sufficient cause, is effected by the deputy minister or the chief executive officer to whom he is responsible.

1983, c. 55, s. 17.

§ 4 . — Administrative measures

18. Any public servant who is incompetent in the performance of his duties or who is unable to perform them may be demoted or dismissed.

1983, c. 55, s. 18.

19. Every public servant undergoing a probationary period other than a probationary period required on promotion may be dismissed without other procedure or formality than fifteen days’ prior notice in writing.

1983, c. 55, s. 19.

20. Every public servant who has not acquired permanent tenure may be dismissed for lack of work without other procedure or formality than fifteen days’ prior notice in writing.

1983, c. 55, s. 20.

21. Without prejudice to any disciplinary action, if a public servant is absent from the service without permission, a deduction proportionate to the duration of his absence must be made from his remuneration.

1983, c. 55, s. 21.

22. A public servant may, in accordance with the requirements prescribed by regulation, be provisionally relieved of his duties in order to enable the competent authority to make an appropriate decision in the case of an urgent situation requiring prompt intervention, or in a presumed case of serious fault, whether it be a breach of a standard of ethics or discipline or an indictable or penal offence.

1983, c. 55, s. 22.

23. The imposition of an administrative measure on a public servant is effected by the deputy minister or the chief executive officer to whom he is responsible.

1983, c. 55, s. 23.

DIVISION II POLITICAL ACTIVITIES

24. A public servant wishing to be a candidate in a provincial election must apply for and is entitled to leave without pay from the date of the writ ordering the election.

A public servant wishing to be a candidate for any other elective public office is entitled to leave without pay if he applies therefor. The deputy minister or the chief executive officer to whom he is responsible shall fix the date of the beginning and end of the leave. The duration of the leave must, however, allow the public servant to become a candidate in due time and to conduct his election campaign.

A public servant who is granted leave without pay under this section is entitled to resume his position within 30 days of the date for the nomination of candidates if he is not nominated or, if he is a candidate, of the date on which another person is declared elected.

1983, c. 55, s. 24.

25. The provisions of section 24 apply, with the necessary modifications, to every public servant wishing to act as the official agent of a candidate in a provincial election.

1983, c. 55, s. 25.

26. A public servant elected in a provincial election ceases to be subject to this Act, except sections 29, 30 and 129 to 131. Throughout his tenure as a Member of the National Assembly, he retains his classification on the day he was elected.

1983, c. 55, s. 26.

27. A public servant elected to an elective public office other than to that of Member of the National Assembly, is entitled throughout his first term, to partial or full leave without pay, for the purpose of carrying on his duties of office.

Where the public servant is granted full leave without pay, he ceases to be subject to this Act, except sections 29, 30 and 129 to 131. Throughout his tenure of the public office to which he was elected, he retains his classification on the day he was elected.

1983, c. 55, s. 27.

28. A public servant employed as a member of the office staff of the Lieutenant-Governor, of a Minister or of any other person contemplated in the first paragraph of section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or as a member of the staff of a Member ceases to be subject to this Act, except sections 29, 30 and 129 to 131 and is governed by sections 11.5 and 11.6 of the Executive Power Act (chapter E-18) or by sections 124.1 and 124.2 of the Act respecting the National Assembly, as the case may be.

While the public servant is employed on an office staff or as a member of the staff of a Member, he retains his classification at the time of his appointment to the staff.

1983, c. 55, s. 28; 1984, c. 27, s. 66.

29. A public servant contemplated in section 26, 27 or 28, during the period in which he holds on a full time basis the public office to which he was elected, or in which he carries on his duties on the office staff of a Minister or as a member of the staff of a Member, as the case may be, may apply to the chairman of the Conseil du trésor for an opinion on the classification that could be assigned to him in the public service if he decided to exercise his right to return to the public service under section 30.

The opinion must take account of the classification of the public servant as provided under section 26, 27 or 28 and of the experience and formal training he has acquired since he left the public service.

1983, c. 55, s. 29; 1996, c. 35, s. 16.

30. A public servant is entitled to require the chairman of the Conseil du trésor to reexamine his qualifications and to place him by priority in a position commensurate with his qualifications,

(1)  on ceasing to be a Member of the National Assembly;

(2)  on ceasing to hold on a full time basis a public elective office other than that of Member of the National Assembly, in accordance with section 27;

(3)  on ceasing to be employed on the office staff of the Lieutenant-Governor, of a Minister or of a person contemplated in the first paragraph of section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or as a member of the staff of a Member.

The requisition must be made in writing and received not later than 60 days after the day the public servant ceases to hold an office contemplated in paragraph 1, 2 or 3 of the first paragraph.

1983, c. 55, s. 30; 1984, c. 27, s. 67; 1996, c. 35, s. 16.

30.1. Every public servant who held the office contemplated in subparagraph 1 of the first paragraph of section 30 is entitled to receive, from the receipt of the requisition contemplated in the second paragraph of that section, the salary attached to his classification before he was elected as a Member.

He shall remain under the responsibility of the chairman of the Conseil du trésor until he is placed.

1986, c. 70, s. 1; 1996, c. 35, s. 16.

31. Where it is impossible for the chairman of the Conseil du trésor to place a public servant contemplated in sections 30 and 30.1, the public servant shall be placed on reserve under the responsibility of the chairman of the Conseil du trésor until he is placed.

1983, c. 55, s. 31; 1986, c. 70, s. 2; 1996, c. 35, s. 1.

DIVISION III PROTECTION

32. Where a public servant is sued by a third person for an act he has done or failed to do in the performance of his duties, the Attorney General shall take up his defense unless he is charged with a gross fault.

1983, c. 55, s. 32.

DIVISION IV APPEAL

33. Except where jurisdiction in the matters enumerated in this paragraph is assigned to another authority under a collective agreement, a public servant may appeal to the Commission de la fonction publique from a decision informing him of

(1)  his classification following his appointment to a new or changed class of positions;

(2)  his demotion;

(3)  his dismissal;

(4)  disciplinary action;

(5)  his being provisionally relieved of his duties.

An appeal under this section must be made in writing and received by the Commission within 30 days of the date the contested decision was sent.

This section, except subparagraph 1 of the first paragraph, does not apply to a public servant undergoing a probationary period under section 13.

1983, c. 55, s. 33.

34. The Commission de la fonction publique may uphold, amend or quash any decision appealed from under section 33.

Where the Commission amends a decision under the first paragraph, it may substitute therefor any decision it considers just and reasonable, having regard to all the circumstances of the case.

Where the Commission upholds the demotion of a public servant or reduces a dismissal to a demotion, it may order that the appellant be demoted to a class of positions determined by the chairman of the Conseil du trésor, having regard to his qualifications.

1983, c. 55, s. 34; 1996, c. 35, s. 16.

35. If a candidate considers that the procedure used in determining the eligibility of or evaluating candidates during a competition for promotion or the constitution of a candidate inventory was irregular or illegal, he may appeal to the Commission de la fonction publique by an application in writing, which must be received by the Commission within 15 working days of the sending of a notice advising him that he is not eligible for the competition, the constitution of a candidate inventory or the grade advancement examination, or informing him of the results of the competition or examination.

Components of an evaluation tool that have been certified pursuant to the third paragraph of section 115 cannot be contested during the appeal.

1983, c. 55, s. 35; 1996, c. 35, s. 2; 2000, c. 8, s. 126.

36. The Commission de la fonction publique may refuse to hear an appeal brought under section 35 relating to a competition for promotion where it considers the application frivolous or in bad faith.

The Commission shall refuse to hear an appeal brought under section 35 relating to a competition for promotion until such time as the list of the candidates declared qualified has been established, unless it has obtained the consent of the parties.

1983, c. 55, s. 36; 2000, c. 8, s. 127.

CHAPTER III MANAGEMENT OF HUMAN RESOURCES

DIVISION I RESPONSIBILITIES OF DEPARTMENTS AND AGENCIES

37. A deputy minister is responsible, subject to the direction of his minister, for the management of the human resources of the department.

1983, c. 55, s. 37.

38. The chief executive officer of an agency to which the staff is appointed under this Act is responsible for the management of the human resources of the agency.

The chief executive officer is the person identified as such by law or, failing that, the person holding the highest authority in the agency.

1983, c. 55, s. 38.

39. Deputy ministers and chief executive officers shall manage the human resources under their authority in conformity with the policies of the Conseil du trésor in that regard.

The management of human resources includes, in particular, the planning, organization, supervision, development and evaluation of such resources.

1983, c. 55, s. 39; 2000, c. 8, s. 128.

40. Deputy ministers and chief executive officers shall in exercising their responsibilities favour the delegation of responsibilities to their assistants and to the managerial staff.

Senior executives and managers form part of the managerial staff.

1983, c. 55, s. 40.

41. A deputy minister or a chief executive officer may, in writing and to the extent he indicates, delegate the exercise of the powers conferred on him under this Act to a public servant or the holder of a position.

He may, in the instrument of delegation, authorize the subdelegation of the powers he indicates, and in that case shall name the title of the holder of the position or the public servant to whom they may be subdelegated.

1983, c. 55, s. 41.

DIVISION II STAFFING

§ 1 . — Recruitment and promotion

42. Public servants are recruited and promoted by way of competition.

Notwithstanding the first paragraph, a public servant whose position is upgraded may be promoted without a competition, according to the rules determined by the Conseil du trésor by regulation, if he meets the conditions of eligibility to the class of positions so upgraded and if he is declared qualified by the chairman of the Conseil du trésor.

A public servant may also be promoted after the public servant’s qualifications have been assessed as part of a human resources development program approved for that purpose by the Conseil du trésor.

1983, c. 55, s. 42; 1996, c. 35, s. 3; 2000, c. 8, s. 129.

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.

44. The chair of the Conseil du trésor shall invite applications for competitions and candidate inventories. The chair shall proceed without inviting applications where a competition is held among the candidates in a candidate inventory.

1983, c. 55, s. 44; 1996, c. 35, s. 16; 2000, c. 8, s. 130.

45. Invitations for applications must be made in such a manner that persons likely to meet the conditions of eligibility have a reasonable opportunity to apply.

1983, c. 55, s. 45.

46. The conditions of entry on a candidate inventory are prescribed by the chairman of the Conseil du trésor according to the modalities prescribed in section 43.

1983, c. 55, s. 46; 1996, c. 35, s. 16.

47. The chair of the Conseil du trésor must admit all the persons who have submitted applications and meet the conditions of eligibility for a competition or candidate inventory.

However, where the chair of the Conseil du trésor considers that it would be unreasonable to evaluate all the candidates in view of their large number, the chair may reduce their number according to the norms determined by regulation by the Conseil du trésor.

The chairman of the Conseil du trésor shall state when inviting applications what means he intends to use to reduce the number of applications.

1983, c. 55, s. 47; 1996, c. 35, s. 5; 2000, c. 8, s. 131.

48. The evaluation of candidates is based on the criteria of knowledge, experience or qualifications required for the position.

1983, c. 55, s. 48; 2000, c. 8, s. 132.

49. The chairman of the Conseil du trésor shall determine the evaluation procedure, which must be of such a nature as to allow impartial evaluation of the candidates.

1983, c. 55, s. 49; 1996, c. 35, s. 16.

49.1. The chair of the Conseil du trésor may evaluate the candidates in a candidate inventory. Only the candidates whose eligibility is established by the evaluation shall be admitted to a competition held among the candidates in the candidate inventory, and the results of the evaluation shall be transferred for use for the purposes of the competition.

2000, c. 8, s. 133.

50. A competition leads to the preparation of a list of the candidates declared qualified.

The chair of the Conseil du trésor may, on request or on the chair’s initiative and without further formality, correct an error in writing or calculation or any other clerical error or error in the correction of an evaluation, including by adding or removing a candidate’s name.

1983, c. 55, s. 50; 1996, c. 35, s. 6; 1999, c. 58, s. 1; 2000, c. 8, s. 134.

50.1. The Conseil du trésor shall determine, by regulation,

(1)  the procedure for holding recruitment or promotion competitions;

(2)  geographical areas and criteria to determine whether a person belongs to an area for the purposes of eligibility for a competition or for a candidate inventory in that area;

(3)  the administrative entity to which a public servant must belong in order to be eligible for a competition or a candidate inventory;

(4)  norms according to which the number of eligible candidates for a competition may be reduced;

(5)  norms according to which lists of certifications of qualification may be drawn up;

(6)  conditions, cases and categories of cases where the upgrading of a position may allow promotion without a competition;

(7)  norms relating to the use of candidate inventories.

The Conseil du trésor shall publish in the Gazette officielle du Québec draft regulations with a notice stating that the regulations may be made with or without amendment at the expiry of 30 days from that publication.

Regulations of the Conseil du trésor come into force 15 days after publication in the Gazette officielle du Québec or on any later date fixed therein.

1996, c. 35, s. 7; 1999, c. 58, s. 2; 2000, c. 8, s. 135.

§ 2 . — Appointment and classification

51. A public servant comes into office, or changes position, by appointment by the deputy minister or the chief executive officer responsible for the position to be filled.

1983, c. 55, s. 51.

52. Where the appointment of a public servant involves a change of department or agency, the prior agreement of the deputy minister or chief executive officer to whom he is responsible is required. This requirement does not apply in the case of a promotion.

1983, c. 55, s. 52.

53. Following a competition, the appointment of a public servant is made by selecting a person from among the persons included in the list of candidates declared qualified.

Where a list of candidates declared qualified includes a candidate to whom an affirmative action program or a program designed to ensure the hiring of handicapped persons applies, the Deputy Minister or the chief executive officer of the public body must take the objectives of the program into consideration. The hiring objectives determined by the Conseil du trésor as regards the various components of Québec society must also be taken into consideration.

1983, c. 55, s. 53; 1999, c. 58, s. 3.

53.0.1. Following a competition for promotion, a public servant may be appointed even if an appeal brought under section 35 is pending before the Commission de la fonction publique.

The appointment is conditional, and must be re-evaluated by the deputy minister or chief executive officer on the basis of the decision rendered by the Commission. Where applicable, the appointment shall cease to have effect and the public servant shall be reinstated in the position held before the conditional appointment.

The position held by the public servant before the conditional appointment may not be filled on a permanent basis by the deputy minister or chief executive officer concerned until the conditional appointment of the public servant becomes definitive.

2000, c. 8, s. 136.

53.1. The annual report of a department or body must include, under a special heading, an account of the results achieved in relation to the objectives of any affirmative action program or program designed to ensure the hiring of handicapped persons applicable to the department or body and in relation to the hiring objectives as regards the various components of Québec society.

1999, c. 58, s. 4.

54. When a public servant comes into office or changes class of positions or grade, the deputy minister or the chief executive officer shall assign a classification to him in accordance with the regulation under section 126.

When placing a public servant in a new or changed class of positions, the deputy minister or the chief executive officer shall assign a classification to him in accordance with the conditions and modalities fixed by the Conseil du trésor under paragraph 1 of section 34 of the Public Administration Act (chapter A‐6.01).

1983, c. 55, s. 54; 2000, c. 8, s. 137.

DIVISION III ADMINISTRATORS OF STATE

55. A public servant acquires the classification of administrator of state on his appointment to any of the following positions:

(1)  Secretary-General, Associate Secretary-General or Deputy Secretary of the Conseil exécutif;

(2)  Secretary, Deputy Secretary or Associate Secretary of the Conseil du trésor;

(3)  deputy minister or assistant or associate deputy minister;

(4)  (paragraph repealed).

1983, c. 55, s. 55; 1992, c. 24, s. 5; 1996, c. 35, s. 8.

56. The Government appoints an administrator of state to a position on a motion of the Prime Minister. The Government determines the classification of a public servant within the group of administrators of state.

1983, c. 55, s. 56.

57. Where the Government engages a person by contract to hold any office listed in section 55, the person does not have the classification of administrator of state and is not a public servant, but Chapter VII applies to him as if he were a public servant.

1983, c. 55, s. 57.

58. In the case of the absence or inability to act of a person holding any office listed in section 55, the minister or the deputy minister may designate a person to replace him during the interim.

1983, c. 55, s. 58; 1999, c. 40, s. 135.

59. The Government, on the recommendation of the Prime Minister, may assign a classification in another group of positions to an administrator of state.

No appeal lies to the Commission de la fonction publique from a decision made under this section.

1983, c. 55, s. 59.

60. The Government shall determine the classification and fix the remuneration, social benefits and other conditions of employment of the administrators of state.

1983, c. 55, s. 60.

61. Disciplinary action is imposed on an administrator of state by the minister or deputy minister, as the case may be, to whom he is responsible.

1983, c. 55, s. 61.

62. The Government, on the recommendation of the Prime Minister, may dismiss an administrator of state for just and sufficient cause.

1983, c. 55, s. 62.

63. The provisions of the other chapters, except sections 13 to 15, 17 to 20, 23 to 27, 42 to 54 and 127, apply to the administrators of state, to the extent that they are consistent with this chapter.

1983, c. 55, s. 63; 2000, c. 8, s. 138.

CHAPTER IV COLLECTIVE BARGAINING

DIVISION I GENERAL PROVISIONS

64. The Syndicat de la fonction publique du Québec inc. is recognized as the representative of all public servants who are employees within the meaning of the Labour Code (chapter C-27), except

(1)  employees who are teachers;

(2)  employees who are members of the professional orders of advocates, notaries, physicians, dentists, pharmacists, optometrists, veterinary surgeons, agronomists, architects, engineers, land-surveyors, forest engineers, chemists or chartered accountants, and persons admitted to the study of these professions;

(3)  employees who are university graduates, economists, geographers, geologists, biologists, town-planners, accountants, auditors, psychologists, social workers, guidance counsellors and other professionals;

(4)  employees who are peace officers belonging to any of the following groups;

(a)  wildlife protection officers;

(b)  fisheries officers;

(c)  constables at the Youth Division of the Court of Québec;

(d)  security officers;

(e)  transportation officers;

(f)  instructors, guards and nursing attendants in houses of detention;

(g)  any other group performing duties of a peace officer.

1983, c. 55, s. 64; 1988, c. 21, s. 93; 1993, c. 74, s. 2; 1994, c. 40, s. 457; 2000, c. 48, s. 36.

65. Section 64 has the same effect as a certification granted by a labour commissioner under the Labour Code (chapter C-27) for two separate employee groups, namely:

(1)  public servants other than workmen;

(2)  workmen.

The Labour Court established by the Labour Code decides all disputes respecting the effective exclusion or inclusion of a public servant or a class of public servants from or in either of such groups, and has the power to cancel the certification and grant another upon the conditions prescribed by the Labour Code.

1983, c. 55, s. 65.

66. The Government may grant certification to any association of employees to represent each of the groups contemplated in paragraphs 1, 3 and 4 of section 64 and the members of each of the professions contemplated in paragraph 2 of the same section together with the persons admitted to the study of such profession.

Certification under this section is granted only upon the recommendation of a joint committee constituted for such purpose by the Government, one-half of the members of which are representatives of the group concerned.

Certification under this section has the same effect as certification granted by a labour commissioner under the Labour Code (chapter C-27).

The Labour Court decides all disputes respecting the effective exclusion or inclusion of a public servant from or in any of the groups referred to in the first paragraph and may cancel the certification and grant another upon the conditions prescribed by the Labour Code.

1983, c. 55, s. 66.

67. With the consent of the majority of the employees who are members or admitted to the study of a profession contemplated in paragraph 2 of section 64, certification may be granted to an association representing more than one of such groups and, with the consent of the absolute majority of the group contemplated in paragraph 3 of the same section, certification may be granted to such an association for such group together with the others which it represents.

With the consent of the majority of the employees who are members of a group contemplated in paragraph 4 of section 64, certification may be granted to an association to represent more than one of such groups.

Notwithstanding the time limit provided in section 111.3 of the Labour Code (chapter C-27), certification to represent more than one group, in accordance with the second paragraph, may be applied for to the Labour Court within 15 days of the decision of the Court rendered pursuant to section 66.

1983, c. 55, s. 67.

68. Every association of employees contemplated in this Act has the right to affiliate, but an association of employees contemplated in paragraph 4 of section 64 shall only affiliate with an association exclusively grouping employees performing duties of a peace officer, except the members of the Sûreté du Québec.

1983, c. 55, s. 68.

69. All employee groups contemplated in paragraph 4 of section 64 and all employee groups of the general directorate responsible for civil protection within the Ministère de la Sécurité publique are forbidden to strike.

All other groups are forbidden to strike unless the essential services and the manner of maintaining them are determined by prior agreement between the parties or, failing an agreement, by a decision of the Conseil des services essentiels established by the Labour Code (chapter C-27).

The Conseil du trésor shall transmit, without delay, a copy of any agreement made under the second paragraph to the Conseil des services essentiels.

In the event of an offence under the first or second paragraph, the penal provisions in section 142 of the Labour Code shall apply. The Labour Court has exclusive jurisdiction in first instance to hear and decide any proceeding brought following such an offence and the proceeding shall be heard and decided in accordance with the provisions of the Labour Code.

1983, c. 55, s. 69; 2001, c. 26, s. 126; 2001, c. 76, s. 144.

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.

DIVISION II SPECIAL PROVISIONS APPLICABLE TO PERSONS PERFORMING DUTIES OF A PEACE OFFICER

§ 1 . — Bargaining method

71. A joint parity committee is instituted for each certified association representing one or more groups of employees contemplated in paragraph 4 of section 64.

Each committee shall consist of a chairman, who shall not have the right to vote, appointed by the Government after consultation with the association concerned, and eight other members of whom four shall be appointed by the Conseil du trésor and four by each certified association.

1983, c. 55, s. 71.

72. The committee shall initiate and carry on negotiations in which its members shall take part as representatives of the Conseil du trésor or of the certified association with a view to the making or the renewal of a collective agreement.

The committee shall perform any other duty the parties may agree to entrust to it.

1983, c. 55, s. 72.

73. The committee shall meet at the request of the chairman who shall convene it whenever requested by the Conseil du trésor or by the certified association.

1983, c. 55, s. 73.

74. When it deems it expedient, the committee shall submit to the Government its recommendations concerning the making or the renewal of a collective agreement.

1983, c. 55, s. 74.

§ 2 . — Collective agreement

75. On being approved by the Government, the recommendations of the committee submitted pursuant to section 74 have the effect of a collective agreement signed by the parties.

1983, c. 55, s. 75.

§ 3 . — Method for the settlement of disputes

76. The committee shall negotiate a method for the settlement of disputes.

1983, c. 55, s. 76.

CHAPTER V INSTITUTIONAL STRUCTURE OF THE PUBLIC SERVICE

DIVISION I CONSEIL DU TRÉSOR

77. (Repealed).

1983, c. 55, s. 77; 2000, c. 8, s. 140.

78. (Repealed).

1983, c. 55, s. 78; 2000, c. 8, s. 140.

79. (Repealed).

1983, c. 55, s. 79; 2000, c. 8, s. 140.

80. (Repealed).

1983, c. 55, s. 80; 2000, c. 8, s. 140.

81. (Repealed).

1983, c. 55, s. 81; 2000, c. 8, s. 140.

82. (Repealed).

1983, c. 55, s. 82; 2000, c. 8, s. 140.

83. For reasons of urgency or of public interest, or for practical reasons, the Conseil du trésor may, after consulting the Commission de la fonction publique, exempt any position or class of positions, owing to its special nature, from any provisions of this Act it may indicate.

In no case may the Conseil du trésor exempt a position or class of positions from the application of sections 64 to 76.

1983, c. 55, s. 83.

84. Where the Conseil du trésor exempts a position or class of positions from the provisions of this Act in accordance with section 83, it shall table a report within 30 days before the National Assembly if it is sitting, or before the President of the National Assembly if it is not sitting.

The report shall contain the opinion of the Commission de la fonction publique and indicate the positions or classes of positions so exempted and the reasons for the measures.

1983, c. 55, s. 84.

85. The Conseil du trésor shall determine the remuneration, social benefits and other conditions of employment of persons whose position or class of positions is exempt from the provisions of this Act and the manner in which a position or class of positions so exempted is governed.

1983, c. 55, s. 85.

86. The Conseil du trésor may, according to law, enter into an agreement with any government or organization in order to facilitate the carrying out of its functions under this Act.

1983, c. 55, s. 86.

DIVISION II CHAIRMAN OF THE CONSEIL DU TRÉSOR

1996, c. 35, s. 10.

87. (Repealed).

1983, c. 55, s. 87; 1996, c. 35, s. 11.

88. (Repealed).

1983, c. 55, s. 88; 1996, c. 35, s. 11.

89. (Repealed).

1983, c. 55, s. 89; 1996, c. 35, s. 11.

90. (Repealed).

1983, c. 55, s. 90; 1996, c. 35, s. 11.

91. (Repealed).

1983, c. 55, s. 91; 1996, c. 35, s. 11.

92. (Repealed).

1983, c. 55, s. 92; 1996, c. 35, s. 11.

93. (Repealed).

1983, c. 55, s. 93; 1996, c. 35, s. 11.

94. (Repealed).

1983, c. 55, s. 94; 1996, c. 35, s. 11.

95. (Repealed).

1983, c. 55, s. 95; 1996, c. 35, s. 11.

96. (Repealed).

1983, c. 55, s. 96; 1988, c. 41, s. 90; 1996, c. 35, s. 11.

97. (Repealed).

1983, c. 55, s. 97; 1996, c. 35, s. 11.

98. (Repealed).

1983, c. 55, s. 98; 1996, c. 35, s. 11.

99. The functions of the chairman of the Conseil du trésor shall include

(1)  holding competitions for the recruitment and promotion of candidates and certifying the qualifications of candidates;

(2)  prescribing conditions of eligibility for the purposes of a competition or of a candidate inventory;

(3)  inviting applications for the purpose of constituting a candidate inventory;

(4)  reducing the number of candidates who meet the conditions of eligibility for a competition;

(5)  assessing and certifying the qualifications of candidates for promotion without a competition;

(6)  giving an opinion on the classification he considers, after assessment, to be most appropriate to a person’s qualifications, in accordance with the provisions of this Act;

(7)  proposing measures to the Government and to government departments and bodies to improve staffing and human resource management and development within the public service, and measures to ensure equal employment opportunity;

(8)  advising government departments and bodies, and the Government, on management and administrative organization, in particular to improve the quality of service to the public and the efficiency of the organization and staff of government departments and bodies;

(9)  carrying out research, studies and surveys in human resource management, coordinating them with those carried out within government departments and bodies, and ensuring their diffusion;

(10)  seeing to the implementation of human resource management policies and programs at the request of a government department or body or of the Government;

(11)  instituting and maintaining a career planning and development system for the managerial staff, in collaboration with government departments and bodies;

(12)  developing and maintaining an integrated data system for human resource management;

(13)  discharging any other duties assigned by the Government.

1983, c. 55, s. 99; 1996, c. 35, s. 12.

100. The chairman of the Conseil du trésor shall place and, where applicable, retrain permanent public servants who have been placed on reserve or who exercise their right to reappointment according to law or to an agreement with the Government.

1983, c. 55, s. 100; 1996, c. 35, s. 16.

101. Where the chairman of the Conseil du trésor is unable to place a public servant having permanent tenure, who has been placed on reserve, in a position consistent with his classification, the chairman of the Conseil du trésor may assign a new classification to him in conformity with the conditions and modalities prescribed by the Conseil du trésor or provided in a collective agreement, after examining his qualifications.

In no case may the new classification entail a decrease in the regular salary to which the public servant was entitled before being assigned that classification.

1983, c. 55, s. 101; 1996, c. 35, s. 16.

102. The chairman of the Conseil du trésor may, in writing and to the extent he indicates, delegate the exercise of the functions assigned to him under this Act to a deputy minister or chief executive officer, except the functions assigned to him under sections 30 and 31, paragraph 6 of section 99 and sections 100 and 101.

The instrument of delegation may authorize the deputy minister or the chief executive officer to subdelegate the functions he indicates, and, where he does so, he must identify the titles of the holders of positions or the public servants to whom the functions may be subdelegated.

The chairman of the Conseil du trésor may verify or mandate a person or a body to verify the carrying out of the delegation or subdelegation, or revoke the delegation at any time.

1983, c. 55, s. 102; 1996, c. 35, s. 13; 2000, c. 8, s. 141.

103. (Repealed).

1983, c. 55, s. 103; 1996, c. 35, s. 14.

104. (Repealed).

1983, c. 55, s. 104; 1996, c. 35, s. 14.

DIVISION III COMMISSION DE LA FONCTION PUBLIQUE

§ 1 . — Organization of the Commission

105. A Commission de la fonction publique is hereby established.

1983, c. 55, s. 105.

106. The Commission consists of not fewer than three nor over five members, including a chairman, who is its chief executive officer.

On the motion of the Prime Minister, the National Assembly shall appoint the members by a resolution approved by not less than two-thirds of its members.

The Government shall fix the remuneration, social benefits and other conditions of employment of the members of the Commission.

Members of the Commission shall perform their duties on a full-time basis.

1983, c. 55, s. 106; 1984, c. 47, s. 203.

107. The term of office of any member of the Commission is not over five years.

At the expiry of his term, a member remains in office until he is reappointed or replaced.

1983, c. 55, s. 107.

108. A member of the Commission may resign at any time by giving notice thereof in writing to the President of the National Assembly.

He shall not be dismissed except by a resolution of the Assembly, approved by not less than two-thirds of its members.

1983, c. 55, s. 108.

109. Where the chairman of the Commission is absent or unable to act or where the office of chairman is vacant, the President of the National Assembly may, with the consent of the Prime Minister and of the Leader of the Official Opposition in the Assembly, appoint one of the other members of the Commission to act in place of the chairman in the interim.

1983, c. 55, s. 109; 1999, c. 40, s. 135.

110. The secretary and the other members of the staff of the Commission are appointed in accordance with this Act.

1983, c. 55, s. 110; 2000, c. 8, s. 242.

111. No member of the Commission may, under pain of forfeiture of office, have a direct or indirect interest in any undertaking that puts his personal interest in conflict with that of the Commission.

Forfeiture is not incurred if the interest devolves to a member by succession or gift, provided that he renounces or disposes of it with all possible dispatch.

1983, c. 55, s. 111.

112. The minutes of a sitting, approved by the Commission and signed by the chairman or the secretary, are authentic. The same rule applies to a document or a copy emanating from the Commission or forming part of its records, if it is certified by the chairman or the secretary.

1983, c. 55, s. 112.

113. Neither the Commission nor any of its members may be sued for any official act performed in good faith in the exercise of their functions.

1983, c. 55, s. 113.

114. Except on a matter of competence, no extraordinary recourse contemplated in articles 834 to 850 of the Code of Civil Procedure (chapter C-25) may be exercised nor any injunction granted against the Commission or against any of its members acting in his official capacity.

Two judges of the Court of Appeal, upon motion, may summarily annul any writ, order or injunction issued or granted contrary to the first paragraph.

1983, c. 55, s. 114.

§ 2 . — Functions and powers of the Commission

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.

116. The Commission shall, by regulation,

(1)  determine the number of members required to hear and decide appeals;

(2)  determine the rules of proof and procedure;

(3)  provide for its internal management.

The Commission shall publish every draft regulation in the Gazette officielle du Québec, with a notice that it may be adopted with or without amendment at the expiry of 30 days from that publication.

Regulations of the Commission come into force fifteen days after publication in the Gazette officielle du Québec or on any later date fixed therein.

1983, c. 55, s. 116.

117. The Commission, its members and any person entrusted by it with making an inquiry have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1983, c. 55, s. 117.

118. A member of the Commission may be recused; articles 234 to 242 of the Code of Civil Procedure (chapter C-25) apply to the recusation, with the necessary modifications

1983, c. 55, s. 118.

119. The Commission has all the necessary powers to exercise its jurisdiction; it may, in particular, make any order it considers proper to safeguard the rights of the parties, and decide any question of fact or of law.

1983, c. 55, s. 119.

120. The Commission may extend any time limit fixed by law where it considers that a public servant was unable to act sooner or to appoint a person to act in his place within the prescribed time limit.

1983, c. 55, s. 120.

121. The Commission may, where justified by work load, appoint substitute commissioners for a term of not over one year to hear and decide appeals brought under sections 33, 35 and 127.

The Office of the National Assembly shall fix the fees, allowances or salaries of the substitute commissioners.

Sections 111, 113, 114 and 117 to 120 apply to substitute commissioners.

1983, c. 55, s. 121; 2000, c. 8, s. 143.

122. Every substitute commissioner appointed by the Commission de la fonction publique is chosen from a list drawn up annually, on the recommendation of the Prime Minister, by a resolution of the National Assembly approved by not less than two-thirds of its members.

The list shall remain in force until replaced pursuant to the first paragraph.

1983, c. 55, s. 122; 2000, c. 8, s. 144.

123. A decision of the Commission must be rendered in writing and be substantiated. It forms part of the records of the Commission.

The Commission may, for cause, review or revoke any decision it has rendered.

1983, c. 55, s. 123.

123.1. Where an appeal is brought before the Commission under section 35, the decision must be rendered within 30 days of being taken under advisement, unless the chairman of the Commission grants an extension on serious grounds.

Where a member before whom an appeal has been brought fails to render a decision within 30 days or within the extension granted, the chairman may, on the chairman’s initiative or on the application of a party, remove the member from the case.

Before granting an extension or removing a member who has failed to render a decision within the required time, the chairman must consider the circumstances and the interests of the parties.

2000, c. 8, s. 145.

124. Not later than 31 July each year, the Commission shall submit a report of its activities for the preceding fiscal year to the President of the National Assembly. The report shall be tabled before the National Assembly if it is in session or, if it is not sitting, it shall be tabled within 30 days after the opening of the next session or resumption.

1983, c. 55, s. 124.

125. The books and accounts of the Commission shall be audited each year by the Auditor General and, in addition, as often as may be ordered by the Government.

The reports of the Auditor General must accompany the annual report of the Commission.

1983, c. 55, s. 125.

CHAPTER VI REGULATIONS

126. The Government may, by regulation, on the advice of the Conseil du trésor,

(1)  specify the standards of ethics and discipline prescribed in this Act and add to them;

(2)  define disciplinary action applicable to public servants and determine the conditions under which it may be taken;

(3)  determine on what conditions and according to what modalities a public servant may be provisionally relieved of his duties and the cases where the relief is with or without remuneration;

(4)  fix the norms of classification of public servants;

(5)  amend, replace or repeal a regulation made by the Minister of the Civil Service pursuant to the Civil Service Act (chapter F-3.1).

1983, c. 55, s. 126.

127. The Government, by regulation, shall make provision for an appeal in the matters it determines, for public servants who are not governed by a collective agreement and for whom no appeal is provided in those matters under this Act.

The regulation shall also prescribe the rules of procedure to be followed.

Appeals shall be heard and decided by the Commission de la fonction publique. Subparagraph 2 of the first paragraph of section 116, where it concerns rules of procedure, does not apply to such appeals.

1983, c. 55, s. 127; 2000, c. 8, s. 146.

128. The Government shall publish the text of every draft regulation in the Gazette officielle du Québec with a notice that it may be adopted with or without amendment on the expiry of 30 days from that publication.

Regulations of the Government come into force fifteen days after publication in the Gazette officielle du Québec or on any later date fixed therein.

1983, c. 55, s. 128.

CHAPTER VII PENAL PROVISIONS

1992, c. 61, s. 307.

129. Every person who commits a fraudulent act, or incites a person to commit a fraudulent act, at a recruitment or promotion competition, a grade advancement examination or the establishment of a candidate inventory is guilty of an offence and liable to a fine of $700 to $2,800.

Every person who is convicted of such an offence ceases to be eligible for any competition or examination for a period of two years; if the person is a public servant, he is also liable to disciplinary action.

1983, c. 55, s. 129; 1986, c. 58, s. 38; 1990, c. 4, s. 426; 1991, c. 33, s. 40.

130. Every person who uses intimidation or threats to induce a public servant to engage in partisan work or to punish him for refusing to do so is guilty of an offence and liable to a fine of $700 to $7,000.

1983, c. 55, s. 130; 1986, c. 58, s. 39; 1990, c. 4, s. 427; 1991, c. 33, s. 41.

131. (Repealed).

1983, c. 55, s. 131; 1990, c. 4, s. 428.

CHAPTER VIII TRANSITIONAL AND FINAL PROVISIONS

132. (Amendment integrated into c. A-2.1, s. 34).

1983, c. 55, s. 132.

133. (Amendment integrated into c. A-6, s. 20).

1983, c. 55, s. 133.

134. (Amendment integrated into c. A-6, s. 22).

1983, c. 55, s. 134.

135. (Amendment integrated into c. A-6, ss. 46.1, 46.2).

1983, c. 55, s. 135.

136. (Amendment integrated into c. A-23.1, Division III.1, ss. 124.1, 124.2).

1983, c. 55, s. 136.

137. (Amendment integrated into c. A-23.1, s. 127).

1983, c. 55, s. 137.

138. (Amendment integrated into c. C-27, s. 1).

1983, c. 55, s. 138.

139. (Amendment integrated into c. C-64.1, s. 33).

1983, c. 55, s. 139.

140. (Amendment integrated into c. E-18, s. 4).

1983, c. 55, s. 140.

141. (Amendment integrated into c. E-18, s. 10).

1983, c. 55, s. 141.

142. (Amendment integrated into c. E-18, s. 10.1).

1983, c. 55, s. 142.

143. (Amendment integrated into c. E-18, Division II.2, ss. 11.5, 11.6).

1983, c. 55, s. 143.

144. (Amendment integrated into c. F-2, s. 105).

1983, c. 55, s. 144.

145. (Amendment integrated into c. M-31, s. 5).

1983, c. 55, s. 145.

146. (Amendment integrated into c. M-34, s. 1).

1983, c. 55, s. 146.

147. (Amendment integrated into c. R-10, s. 2).

1983, c. 55, s. 147.

148. (Amendment integrated into c. R-10, s. 4).

1983, c. 55, s. 148.

149. (Amendment integrated into c. R-11, s. 9).

1983, c. 55, s. 149.

150. (Amendment integrated into c. R-12, s. 55).

1983, c. 55, s. 150.

151. (Amendment integrated into c. R-12, s. 63.6).

1983, c. 55, s. 151.

152. (Amendment integrated into c. R-12, s. 99.1).

1983, c. 55, s. 152.

153. The provisions of the Civil Service Act (chapter F-3.1) are replaced by the corresponding provisions of this Act to the extent indicated by the proclamations made under section 174 of chapter 55 of the statutes of 1983.

Every other provision of the said Act ceases to have effect on the date fixed by order of the Government.

1983, c. 55, s. 153.

154. Matters pending before the Commission de la fonction publique established by the Civil Service Act (chapter F-3.1) are continued in all respects in accordance with this Act by the Commission de la fonction publique established by this Act.

The Commission de la fonction publique established by this Act becomes a party to any proceeding to which the former Commission was a party on 31 March 1984, without continuance of suit.

1983, c. 55, s. 154.

155. Appeals before the appeals committee under section 10 of the Civil Service Act (chapter F-3.1) are continued in all respects in accordance with the said Act.

1983, c. 55, s. 155.

156. Regulations made by the Minister of the Civil Service under the Civil Service Act (chapter F-3.1) remain in force until they are amended, replaced or repealed by regulation of the Government in accordance with paragraph 5 of section 126 of this Act.

1983, c. 55, s. 156.

157. Regulations made by the Office du recrutement et de la sélection du personnel de la fonction publique remain in force, until they are amended, replaced or repealed by regulation of the Office des ressources humaines.

1983, c. 55, s. 157.

158. Regulations made by the Commission de la fonction publique established by the Civil Service Act (chapter F-3.1) remain in force until they are amended, replaced or repealed by regulation of the Commission de la fonction publique established by this Act.

1983, c. 55, s. 158.

159. The lists of certificates of qualifications now in force remain valid and are to be used in the application of this Act, as the Office des ressources humaines may determine.

1983, c. 55, s. 159.

160. Private secretaries and their assistants appointed under section 65 of the Civil Service Act (1965, 1st session, chapter 14) and in office on 1 April 1984 continue to be governed by the legislative and regulatory provisions applicable to them until they cease to perform their duties as such.

1983, c. 55, s. 160.

161. Any reference in any Act, proclamation or commission, order in council, order or other document to the Civil Service Act (chapter F-3.1) or to a provision of that Act is a reference to this Act or the corresponding provision of this Act unless the context requires otherwise; and, in particular, any reference to section 87 or 97 of the Civil Service Act (chapter F-3.1) is a reference to section 33 of this Act.

In addition, any reference to the Minister of the Civil Service or to the Ministère de la Fonction publique, the Office du recrutement et de la sélection du personnel de la fonction publique or the Commission de la fonction publique established by the Civil Service Act (chapter F-3.1) is a reference to the Government, the Conseil du trésor, the Office des ressources humaines or the Commission de la fonction publique established by this Act, according to their respective jurisdictions.

1983, c. 55, s. 161; 1999, c. 40, s. 135.

162. Public servants of the Ministère de la Fonction publique, of the Commission de la fonction publique established by the Civil Service Act (chapter F-3.1) and of the Office du recrutement et de la sélection du personnel de la fonction publique in office on 1 February 1984, become, without other formality, public servants of the Conseil du trésor, of the Commission de la fonction publique established by this Act or of the Office des ressources humaines, as the Government may determine.

1983, c. 55, s. 162.

163. The records and documents of the Ministère de la Fonction publique, the Office du recrutement et de la sélection du personnel de la fonction publique and the Commission de la fonction publique established by the Civil Service Act (chapter F-3.1) become records and documents of the Conseil du trésor, the Office des ressources humaines or the Commission de la fonction publique established by this Act, respectively, as determined by the Government.

1983, c. 55, s. 163.

164. The Government shall award permanent tenure to a casual public servant who meets all the following conditions:

(1)  he holds a position the activities of which form part of the regular activities of his department or agency;

(2)  he has worked on specific projects for a period of a least five years from 1 July 1977 to 30 December 1983 inclusive of both;

(3)  he has been named by the Gouvernement du Québec and the Syndicat des professionnelles et professionnels du Gouvernement du Québec;

(4)  his qualifications have been certified by the Office des ressources humaines.

This Act applies, where such is the case, without other formality, to the public servant, provided that he is still working for the same department or agency on 15 November 1983.

1983, c. 55, s. 164.

165. Persons employed in the public service on 2 February 1984 and who have acquired permanent tenure under the collective agreement signed on 24 October 1972 between the Gouvernement du Québec and the Syndicat des fonctionnaires provinciaux du Québec Inc., “workmen” unit, become permanent public servants within the meaning of this Act, without any other procedure or formality.

1983, c. 55, s. 165.

166. The holder of a position listed in section 55 on 21 December 1983 becomes an administrator of state, except where he is engaged by contract.

A person who formerly held a position contemplated in section 55 or who is a Deputy Secretary at the Conseil exécutif on 21 December 1983 may become an administrator of state, as the Government may determine.

1983, c. 55, s. 166.

167. The members of the Commission de la fonction publique established by the Civil Service Act (chapter F-3.1) in office on 1 April 1984 remain in office for the unexpired portion of their term.

1983, c. 55, s. 167.

168. Sections 43 and 80 apply notwithstanding the Charter of human rights and freedoms (chapter C-12).

This section ceases to have effect on 26 June 1985.

1983, c. 55, s. 168.

169. The moneys appropriated for the purposes of the Commission de la fonction publique established by the Civil Service Act (chapter F-3.1), the Office du recrutement et de la sélection du personnel de la fonction publique and the Ministère de la Fonction publique are transferred to the Commission de la fonction publique established by this Act, to the Office des ressources humaines or to the Conseil du trésor, as the Government may determine.

1983, c. 55, s. 169.

170. The moneys required for the application of this Act are taken, for the fiscal year 1984-85, out of the Consolidated Revenue Fund to the extent determined by the Government, and for subsequent fiscal years, out of the appropriations granted each year for that purpose by Parliament.

1983, c. 55, s. 170.

171. The chairman of the Conseil du trésor is responsible for the administration of this Act.

1983, c. 55, s. 171; 1996, c. 35, s. 15.

172. The Conseil du trésor shall, not later than 22 December 1988, make a report to the Government on the implementation of this Act and the expediency of maintaining it in force and, as the case may be, of amending it.

The report shall be tabled before the National Assembly within the next fifteen days if the Assembly is sitting or, if it is not sitting, before the President of the National Assembly.

Within one year of the tabling of the report, the President shall convene a parliamentary committee to examine the expediency of maintaining this Act in force or, as the case may be, of amending it, and to hear representations on the matter from interested persons and agencies.

1983, c. 55, s. 172.

173. (This section ceased to have effect on 21 March 1989).

1983, c. 55, s. 173; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

174. (Omitted).

1983, c. 55, s. 174.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 55 of the statutes of 1983, in force on 1 July 1984, is repealed, except section 174, effective from the coming into force of chapter F-3.1.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 42 to 50 and 53 of chapter 55 of the statutes of 1983, in force on 1 March 1985, are repealed effective from the coming into force of the updating to 1 March 1985 of chapter F-3.1.1 of the Revised Statutes.