F-3.1.1 - Public Service Act

À jour au 21 février 2022

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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.

The probationary period is calculated in days actually worked as part of the powers and duties assigned to the recruited person for the period. The calculation is based on the particularities of each position.

1983, c. 55, s. 13; 2021, c. 11, s. 1.

14. A public servant obtains permanent tenure if he meets the following conditions:

(1)  he has passed his probationary period; and

(2)  he has been 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 subparagraph 2 of the first paragraph.

1983, c. 55, s. 14; 2021, c. 11, s. 2.

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.

The probationary period is calculated in days actually worked as part of the powers and duties assigned to the promoted person for the period. The calculation is based on the particularities of each position.

1983, c. 55, s. 15; 2021, c. 11, s. 3.

§ 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 30, 129 and 130.

1983, c. 55, s. 26; 2021, c. 11, s. 4.

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 30, 129 and 130.

1983, c. 55, s. 27; 2021, c. 11, s. 5.

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 30, 129 and 130 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.

1983, c. 55, s. 28; 1984, c. 27, s. 66; 2021, c. 11, s. 6.

29. (Repealed).

1983, c. 55, s. 29; 1996, c. 35, s. 16; 2021, c. 11, s. 7.

30. When a public servant contemplated in sections 26, 27 or 28 ceases to engage in the activities referred to in those sections, he regains the classification in the government department or body to which he belonged at the time of his departure and to which he would have been entitled had he remained in the class of positions to which he belonged before engaging in those activities.

To that end, the public servant must notify in writing the deputy minister or the chief executive officer of the government department or body to which he belonged within the time and on the conditions determined by the Conseil du trésor.

1983, c. 55, s. 30; 1984, c. 27, s. 67; 1996, c. 35, s. 16; 2021, c. 11, s. 8.

30.1. (Repealed).

1986, c. 70, s. 1; 1996, c. 35, s. 16; 2021, c. 11, s. 9.

31. (Repealed).

1983, c. 55, s. 31; 1986, c. 70, s. 2; 1996, c. 35, s. 1; 2021, c. 11, s. 9.

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. A public servant who is not governed by a collective agreement 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; 2021, c. 11, s. 10.

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. (Repealed).

1983, c. 55, s. 35; 1996, c. 35, s. 2; 2000, c. 8, s. 126; 2013, c. 25, s. 1; 2021, c. 11, s. 11.

36. (Repealed).

1983, c. 55, s. 36; 2000, c. 8, s. 127; 2013, c. 25, s. 2; 2021, c. 11, s. 11.

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 delegation.

1983, c. 55, s. 40; 2007, c. 3, s. 56.

41. A deputy minister or a chief executive officer may, in writing and to the extent he indicates, delegate the functions and powers conferred on him by this Act to a public servant, the holder of a position or any other person within his department or body or another department or body.

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

1983, c. 55, s. 41; 2007, c. 3, s. 56.

DIVISION II STAFFING

§ 1 . — Recruitment and promotion processes for public servants

1983, c. 55, Sd. 1; 2021, c. 11, s. 12.

42. Public servants are recruited and promoted by means of selection processes.

1983, c. 55, s. 42; 1996, c. 35, s. 3; 2000, c. 8, s. 129; 2013, c. 25, s. 3; 2021, c. 11, s. 12.

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

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

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

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

44. Before filling one or more positions through recruitment or promotion, a deputy minister or a chief executive officer shall publish an employment offer inviting interested persons to apply. The employment offer must be published for at least ten working days on the public service portal provided for that purpose and accessible via Internet. The Conseil du trésor may determine the classes of positions for which an employment offer may be published for a shorter period of at least five working days, when labour market conditions and labour availability require it.

An employment offer must include the profile sought for the position to be filled, the location where the position will be held, the salary scale, the length of the publication period, the deadline for applying and any other element determined by the Conseil du trésor.

1983, c. 55, s. 44; 1996, c. 35, s. 16; 2000, c. 8, s. 130; 2013, c. 25, s. 5; 2021, c. 11, s. 12.

45. The deputy minister or the chief executive officer shall determine the profile of the person sought for each position to be filled, and the profile must appear in the published employment offer. The profile must ensure the best fit with the position to be filled.

1983, c. 55, s. 45; 2021, c. 11, s. 12.

46. The profile of the person sought for a position to be filled must be consistent with the Conseil du trésor’s directives, including those providing for minimum conditions of eligibility, or their equivalencies, for classes of positions, grades or a position, and allow the implementation of government policies regarding, in particular,

(1)  affirmative action programs intended, in particular, for women, members of visible minorities, members of ethnic minorities, handicapped persons and Aboriginal peoples; and

(2)  recruitment, whether from educational institutions or from all or any category of the persons employed in the education and health and social services sectors.

In addition, the profile may, in particular, include additional requirements to the minimum conditions of eligibility, or their equivalencies, for classes of positions, grades or a position as well as for assets. Those additional requirements and assets must take into account the nature and particularities of the position to be filled.

The profile of the person sought for a position to be filled through promotion may, exceptionally, require that only public servants belonging to a specific entity or geographical area may apply for the position to be filled. The Conseil du trésor shall define what constitutes an entity and a geographical area and determine the factors that a deputy minister or a chief executive officer must consider before adding such a requirement.

1983, c. 55, s. 46; 1996, c. 35, s. 16; 2013, c. 25, s. 6; 2021, c. 11, s. 12.

47. A person interested in a position to be filled in the public service must apply in the manner and form and according to the other terms specified in the published employment offer.

1983, c. 55, s. 47; 1996, c. 35, s. 5; 2000, c. 8, s. 131; 2013, c. 25, s. 7; 2021, c. 11, s. 12.

47.1. (Replaced).

2013, c. 25, s. 8; 2021, c. 11, s. 12.

48. To fill a position, a deputy minister or a chief executive officer may only consider the applications submitted in accordance with section 47.

1983, c. 55, s. 48; 2000, c. 8, s. 132; 2013, c. 25, s. 9; 2021, c. 11, s. 12.

49. An administrative unit entrusted with human resources management shall preselect applications from among those submitted in accordance with section 47. The applications are submitted to the deputy minister or the chief executive officer.

In order to be preselected, an application must comply with the profile included in the employment offer and, if the administrative unit considers it advisable, the candidate must have been evaluated with one or more evaluation tools from among those included in the categories provided for in section 50.1.

In the absence of such a unit or if a position is to be filled within the unit, the deputy minister or the chief executive officer shall mandate another unit to assume the responsibilities provided for in the first paragraph.

1983, c. 55, s. 49; 1996, c. 35, s. 16; 2021, c. 11, s. 12.

49.1. (Repealed).

2000, c. 8, s. 133; 2013, c. 25, s. 10.

49.2. (Replaced).

2013, c. 25, s. 11; 2021, c. 11, s. 12.

50. A deputy minister or a chief executive officer shall, on the basis of recognized good practices in the matter, select from among the applications submitted to him the candidate whose profile best fits the profile sought for the position to be filled. The selection of the candidate must be based on merit and independently of any political influence.

If, among the qualified persons, there is one 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 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. 50; 1996, c. 35, s. 6; 1999, c. 58, s. 1; 2000, c. 8, s. 134; 2013, c. 25, s. 40; 2013, c. 25, s. 12; 2021, c. 11, s. 12.

50.0.1. (Replaced).

2013, c. 25, s. 13; 2021, c. 11, s. 12.

50.1. The selected candidate must have been evaluated with at least two evaluation tools included in the categories established by the Conseil du trésor, such as a work sample, an aptitude test, an achievement test, a cognitive ability test, a psychometric test, an oral examination or any other tool based on recognized good practices in the matter.

The Conseil du trésor may, however, determine the classes of positions for which only one evaluation tool is sufficient and determine any other terms or conditions related to the evaluation of a candidate, such as the mandatory use of categories of specific evaluation tools for certain classes of positions.

1996, c. 35, s. 7; 1999, c. 58, s. 2; 2000, c. 8, s. 135; 2013, c. 25, s. 14; 2021, c. 11, s. 12.

50.2. Before a selected candidate is appointed by the deputy minister or the chief executive officer in accordance with section 51, the director of the administrative unit referred to in section 49 must confirm in writing to the deputy minister or the chief executive officer that the selection process has been conducted in accordance with the law.

2021, c. 11, s. 12.

50.3. The result of an examination administered during any selection process provided for in the Act or during a qualification assessment is deemed to be the result obtained during an identical or equivalent examination administered previously during any of those situations if the time period between the administration of those examinations does not exceed one year.

The Chair of the Conseil du trésor shall establish a list of the examinations that are considered identical or equivalent.

A public body may communicate to the deputy minister or the chief executive officer any information that is necessary for the purposes of the first paragraph.

2021, c. 11, s. 12.

50.4. The Chair of the Conseil du trésor may provide to deputy ministers or chief executive officers consulting services regarding evaluation tools. The Chair may also develop examinations that may be administered during a selection process.

In addition, at the request of the deputy minister or the chief executive officer, the Chair may administer such examinations and correct them. The Chair then transmits to the deputy minister or the chief executive officer the examination results the candidates obtained.

2021, c. 11, s. 12.

50.5. A deputy minister or a chief executive officer may select a person who holds or has already held a position in the public service otherwise than in accordance with the rules under this subdivision in any of the following situations:

(1)  the position of a public servant is upgraded;

(2)  a public servant has participated in a human resources development program approved by the Conseil du trésor;

(3)  a person has been employed as a student or intern;

(4)  a person has retired from the public service;

(5)  to recruit a casual employee as a regular employee; or

(6)  any other situation determined by the Conseil du trésor.

The Conseil du trésor shall determine the rules pursuant to which such a selection is to be made to ensure that the person fits the profile required to fill the position.

2021, c. 11, s. 12.

50.6. When a position needs to be filled again within a time period determined by the Conseil du trésor that does not exceed six months, the deputy minister or the chief executive officer may fill the position again without repeating the selection process by selecting a candidate from among those who were previously evaluated.

A deputy minister or a chief executive officer may do the same when a position similar to a position that has been filled is to be filled in the same government department or body within a time period determined by the Conseil du trésor that does not exceed six months.

The Conseil du trésor may determine the other terms and conditions related to the selection provided for in the first and second paragraphs, such as the definition of a similar position.

2021, c. 11, s. 12.

§ 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. (Repealed).

1983, c. 55, s. 53; 1999, c. 58, s. 3; 2013, c. 25, s. 15; 2021, c. 11, s. 14.

53.0.1. (Repealed).

2000, c. 8, s. 136; 2013, c. 25, s. 16; 2021, c. 11, s. 14.

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.

53.2. (Repealed).

2013, c. 25, s. 17; 2021, c. 11, s. 14.

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 standards determined by the Conseil du trésor under section 54.1.

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; 2013, c. 25, s. 18; 2021, c. 11, s. 15.

54.1. The Conseil du trésor shall determine by regulation the standards for the classification of public servants.

2021, c. 11, s. 16.

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 54.1 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; 2021, c. 11, s. 17.

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 professional 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 correctional facilities;

(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; 2002, c. 24, s. 209; 2012, c. 11, s. 33.

65. Section 64 has the same effect as a certification granted by the Administrative Labour Tribunal for two separate employee groups, namely:

(1)  public servants other than workmen;

(2)  workmen.

The Administrative Labour Tribunal 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; 2001, c. 26, s. 123; 2015, c. 15, s. 237.

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 the Administrative Labour Tribunal.

The Administrative Labour Tribunal 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; 2001, c. 26, s. 124; 2015, c. 15, s. 237.

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 Administrative Labour Tribunal within 15 days of the decision rendered by the Tribunal pursuant to section 66.

1983, c. 55, s. 67; 2001, c. 26, s. 125; 2015, c. 15, s. 237.

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 Administrative Labour Tribunal.

The Conseil du trésor shall transmit, without delay, a copy of any agreement made under the second paragraph to the Administrative Labour Tribunal.

In the event of an offence under the first or second paragraph, the penal provisions in section 142 of the Labour Code (chapter C-27) shall apply.

1983, c. 55, s. 69; 2001, c. 26, s. 126; 2001, c. 76, s. 144; 2001, c. 76, s. 145; 2011, c. 16, s. 152; 2015, c. 15, s. 237.

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.

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 Chair of the Conseil du trésor and four by each certified association.

1983, c. 55, s. 71; 2013, c. 25, s. 20.

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 Chair of the Conseil du trésor or by the certified association.

1983, c. 55, s. 73; 2013, c. 25, s. 21.

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)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(4.1)  (paragraph repealed);

(5)  (paragraph repealed);

(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)  (paragraph repealed);

(7.1)  developing a multi-year human resources management strategy of not over five years for the public service, proposing it for approval by the Conseil du trésor, coordinating its implementation and reporting to the latter at mid-term and at the end of the term on the achievement of results;

(7.2)  proposing directions and policies in various areas of human resources management to the Conseil du trésor, including measures to ensure equal employment opportunity;

(7.3)  proposing to the Conseil du trésor changes to the human resources management framework, taking into account organizational and societal changes;

(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 watch activities in human resource management, coordinating them with those carried out within government departments and bodies, and ensuring their diffusion;

(10)  advising and supporting government departments and bodies in implementing human resources management programs and activities;

(11)  instituting and maintaining career planning and development support measures 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; 2013, c. 25, s. 22; 2021, c. 11, s. 19.

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 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; 2021, c. 11, s. 20.

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.

108.1. In addition to the powers and duties otherwise conferred on the chair of the Commission, the chair is responsible for the management and administration of the Commission.

The functions of the chair include

(1)  fostering the participation of the members in the formulation of general directions for the Commission so as to maintain a high level of quality and coherence in its decisions;

(2)  coordinating the activities of and assigning work to the members of the Commission, who, in that respect, must comply with the chair’s orders and directives;

(3)  seeing that standards of ethical conduct are observed;

(4)  promoting professional development of the members as regards the exercise of their functions; and

(5)  determining the cases where an appeal must be heard by more than one member.

2013, c. 25, s. 23.

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 application for judicial review under the Code of Civil Procedure (chapter C-25.01) 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, on an application, may summarily annul any decision, order or injunction granted contrary to the first paragraph.

1983, c. 55, s. 114; 2014, c. 1, s. 781; I.N. 2016-01-01 (NCCP).

§ 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 recruitment and promotion of public servants is in compliance with the Act and the regulations thereunder;

(3)  report in writing to the Minister of Justice, after conducting an inquiry, on whether there is sufficient cause to dismiss or to suspend without remuneration the Director of Criminal and Penal Prosecutions or one of the Deputy Directors of Criminal and Penal Prosecutions as provided for in section 6 or 6.1 of the Act respecting the Director of Criminal and Penal Prosecutions (chapter D-9.1.1);

(4)  report in writing to the Minister of Public Security, after conducting an inquiry, on whether there is sufficient cause to dismiss or to suspend without remuneration the Anti-Corruption Commissioner or an Associate Commissioner as provided for in section 5.2.1, 5.2.2 or 8.2 of the Anti-Corruption Act (chapter L-6.1);

(5)  report in writing to the Minister of Public Security, after conducting an inquiry, on whether there is sufficient cause to dismiss or to suspend without remuneration the Director General of the Sûreté du Québec as provided for in section 56.5 or 56.5.1 of the Police Act (chapter P-13.1).

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 must also conduct a special audit on any matter within its jurisdiction when the Chair of the Conseil du trésor requests it. To do so, the Commission shall make any inquiry it deems necessary. It must then report its audit findings to the Chair of the Conseil du trésor. However, the audit may not take precedence over the Commission’s other functions and obligations.

1983, c. 55, s. 115; 2000, c. 8, s. 142; 2005, c. 34, s. 54; 2013, c. 25, s. 24; 2018, c. 1, s. 50; 2019, c. 6, s. 18; 2021, c. 32, s. 20; 2021, c. 11, s. 21.

115.1. The Commission shall also keep a records office whose function is to manage, in accordance with the collective agreements binding the Government and the associations certified under Chapter IV, the grievances filed by unionized public servants that are set down for arbitration.

2013, c. 25, s. 25.

115.2. Except in respect of the management of the resources assigned to the records office, Divisions II, III and V of Chapter II of the Public Administration Act (chapter A-6.01) and section 124 of this Act do not apply to the activities of the records office.

2013, c. 25, s. 25.

116. The Commission shall, by regulation,

(1)  (subparagraph repealed);

(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; 2013, c. 25, s. 26.

116.1. The Commission may, if circumstances permit, offer mediation to the parties.

Mediation sessions are presided over by a member, by a public servant of the Commission, or by any other person designated by the chair of the Commission.

2013, c. 25, s. 27.

116.2. Except with the consent of the parties, nothing that is said or written in the course of a mediation session may be admitted as evidence.

2013, c. 25, s. 27.

116.3. A member who has conducted a mediation session may not have a decision-making role in the dispute in question.

2013, c. 25, s. 27.

116.4. A mediator cannot be compelled to disclose anything revealed to or learned by the mediator in the exercise of mediation functions or to produce a document prepared or obtained in the course of such functions before a court, a body or a person or body of the administrative branch exercising adjudicative functions.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has a right of access to a document contained in mediation records.

2013, c. 25, s. 27.

116.5. The Commission may also, prior to a hearing before an arbitrator to settle a grievance filed by a unionized public servant, preside over mediation sessions between the parties concerned, subject to terms and conditions mutually agreed by the parties.

Mediation sessions are conducted by a member or a public servant of the Commission, or by any other person designated by the chair of the Commission.

Sections 116.2 to 116.4 apply to mediation sessions under this section.

2013, c. 25, s. 27.

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 201 to 205 of the Code of Civil Procedure (chapter C-25.01) apply to the recusation, with the necessary modifications

1983, c. 55, s. 118; I.N. 2016-01-01 (NCCP).

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, to expedite business, appoint substitute members for a term of not over one year. With the chair’s permission, a member whose term has expired may continue the examination of a matter and make a decision.

Substitute members do not take part in the Commission’s activities under section 115.

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; 2013, c. 25, s. 28.

122. Every substitute member 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; 2013, c. 25, s. 29.

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, on application, may review or revoke any decision it has made

(1)  where a new fact is discovered which, had it been known in time, could have warranted a different decision;

(2)  where a party, owing to reasons considered sufficient, could not be heard; or

(3)  where a substantive or procedural defect is of a nature likely to invalidate the decision.

In the case described in subparagraph 3 of the second paragraph, the decision may not be reviewed or revoked by the member having made the decision.

1983, c. 55, s. 123; 2013, c. 25, s. 30.

123.0.1. A decision containing an error in writing or calculation or any other clerical error may be corrected on the record and without further formality by the member who rendered the decision.

If the member is unable to act or has ceased to hold office, another member designated by the chair of the Commission may correct the decision.

2021, c. 11, s. 22.

123.1. (Repealed).

2000, c. 8, s. 145; 2021, c. 11, s. 23.

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 are audited by the Auditor General.

1983, c. 55, s. 125; 2008, c. 23, s. 14.

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;

(1.1)  determine the standards applicable to public servants who cease to perform their duties;

(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)  (paragraph repealed);

(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; 2013, c. 25, s. 31; 2021, c. 11, s. 24.

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, in connection with a recruitment or promotion selection process is guilty of an offence and liable to a fine of $700 to $2,800.

The application of a person found guilty of such an offence may not be considered for a position to be filled in the public service for a period of five years unless the person has obtained a pardon and, if a public servant, the person is also liable to disciplinary action.

Proceedings for the offence described in the first paragraph are prescribed one year from the date on which the prosecutor becomes aware of the commission of the offence.

1983, c. 55, s. 129; 1986, c. 58, s. 38; 1990, c. 4, s. 426; 1991, c. 33, s. 40; 2013, c. 25, s. 41; 2013, c. 25, s. 32; 2021, c. 11, s. 25.

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. (Repealed).

1983, c. 55, s. 153; 2013, c. 25, s. 33.

154. (Repealed).

1983, c. 55, s. 154; 2013, c. 25, s. 33.

155. (Repealed).

1983, c. 55, s. 155; 2013, c. 25, s. 33.

156. (Repealed).

1983, c. 55, s. 156; 2013, c. 25, s. 33.

157. (Repealed).

1983, c. 55, s. 157; 2013, c. 25, s. 33.

158. (Repealed).

1983, c. 55, s. 158; 2013, c. 25, s. 33.

159. (Repealed).

1983, c. 55, s. 159; 2013, c. 25, s. 33.

160. (Repealed).

1983, c. 55, s. 160; 2013, c. 25, s. 33.

161. (Repealed).

1983, c. 55, s. 161; 1999, c. 40, s. 135; 2013, c. 25, s. 33.

162. (Repealed).

1983, c. 55, s. 162; 2013, c. 25, s. 33.

163. (Repealed).

1983, c. 55, s. 163; 2013, c. 25, s. 33.

164. (Repealed).

1983, c. 55, s. 164; 2013, c. 25, s. 33.

165. (Repealed).

1983, c. 55, s. 165; 2013, c. 25, s. 33.

166. (Repealed).

1983, c. 55, s. 166; 2013, c. 25, s. 33.

167. (Repealed).

1983, c. 55, s. 167; 2013, c. 25, s. 33.

168. (Repealed).

1983, c. 55, s. 168; 2013, c. 25, s. 33.

169. (Repealed).

1983, c. 55, s. 169; 2013, c. 25, s. 33.

170. (Repealed).

1983, c. 55, s. 170; 2013, c. 25, s. 33.

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. (Repealed).

1983, c. 55, s. 172; 2013, c. 25, s. 33.

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.