F-3 - Civil Service Act

Remplacée le 1^er avril 1979

Ce document a valeur officielle.

chapter F-3

Civil Service Act

Chapter F-3 is replaced by the Civil Service Act (chapter F-3.1). (1978, c. 15, s. 127).

1978, c. 15, s. 127.

DIVISION I INTERPRETATION

1. In this act and in all regulations for carrying it out, unless the context otherwise requires,

(1)  “Commission” means the Commission de la fonction publique du Québec;

(2)  “head” means the Minister of the Crown who has charge of a department, and the President of the Assemblée nationale;

(3)  “deputy-head” means the Secretary General of the Conseil exécutif, the deputy minister of each department, the associate deputy ministers of the Ministère de l’éducation, the Executive Secretary of the Prime Minister, the Secretary of the Assemblée nationale, the Superintendent of Insurance, the secretary of the Conseil du trésor, the chairman or the administrator, if any, of each of the bodies contemplated in paragraph 7 of section 2, the Director of Services de protection de l’environnement and, to the extent that such designation is consistent with the functions assigned to him by the Financial Administration Act (chapter A-6), the Auditor-General;

(4)  “deputy minister” means the Secretary General of the Conseil exécutif, the secretary of the Conseil du trésor, the deputy minister of each department, the associate deputy ministers of the Ministère de l’éducation and the associate secretaries-general of the Conseil exécutif contemplated in the third paragraph of section 10 of the Executive Power Act (chapter E-18);

(5)  “civil service” means the aggregate of the positions and offices enumerated in section 2;

(6)  “position under Her Majesty in right of Québec” or “position under the Gouvernement” means a position in the civil service or a position in any body when, by law, the Gouvernement is a party to the negotiation of the provisions of collective agreements that may govern the employees of such body who are employees within the meaning of the Labour Code.

(7)  “functionary” means any employee of the civil service other than a deputy-head or a workman;

(8)  “workmen” includes the watchmen, labourers, charwomen and other persons engaged in manual labour;

(9)  “senior officer” : every officer who is the incumbent of a position contemplated in the second paragraph of section 22;

(10)  “professional group” : any group of persons upon whom the exclusive right to practise a profession is conferred by law;

(11)  “collective agreement” : a collective agreement within the meaning of the Labour Code.

1965 (1st sess.), c. 14, s. 1; 1968, c. 12, s. 2; 1968, c. 9, s. 81, s. 90; 1969, c. 14, s. 19; 1970, c. 17, s. 97, s. 101, s. 102; 1971, c. 11, s. 1; 1972, c. 49, s. 134; 1976, c. 7, s. 3; 1977, c. 5, s. 14.

2. The following shall be members of the civil service within the meaning of this act:

(1)  the deputy-heads, functionaries and workmen employed in the departments at the seat of the Gouvernement (inside service);

(2)  the functionaries and workmen employed by the departments elsewhere than at the seat of the Gouvernement (outside service);

(3)  the functionaries and employees of the Legislature;

(4)  the aides-de-camp and other employees of the Lieutenant-Governor’s office;

(5)  the registrars and officers of justice receiving a fixed salary, as well as the employees under their orders but not the representatives of the Attorney-General who have not been appointed as permanent attorneys;

(6)  the functionaries and employees appointed under section 51 of the Police Act (chapter P-13) but not the members of the Sûreté du Québec;

(7)  the functionaries and employees (not the members) of the Commission de la fonction publique du Québec, the Commission municipale du Québec or of any other body the functionaries or officers of which are by law appointed or remunerated according to this act;

(8)  the functionaries and employees of the schools governed by the Specialized Schools Act (chapter E-10) and of the agents-general or delegates-general of Québec;

(9)  the Assistant Director of Services de protection de l’environnement.

1965 (1st sess.), c. 14, s. 2; 1968, c. 9, s. 82; 1968, c. 17, s. 94; 1970, c. 45, s. 2; 1972, c. 49, s. 135; 1977, c. 5, s. 14.

3. Whenever the Commission decides that it is neither practicable nor in the public interest to apply this act to one or more positions or offices of a casual nature in the civil service, or to one or more positions with an agent-general or delegate-general of Québec, it may, with the approval of the Gouvernement, withdraw them from the partial or total application of this act and determine, by regulation, the manner in which such positions or offices and the incumbents thereof shall be governed.

Within thirty days after the opening of each session, the Commission shall make an annual report to the Assemblée nationale indicating the positions or offices excluded, under this section, from the partial or total application of this act, the reasons therefor and the regulations prescribed and approved respecting such positions or offices.

1965 (1st sess.), c. 14, s. 3; 1966-67, c. 23, s. 9; 1968, c. 9, s. 90.

DIVISION II COMMISSION DE LA FONCTION PUBLIQUE

4. There shall be a body, consisting of three members appointed by the Gouvernement, called “Commission de la fonction publique du Québec”.

1965 (1st sess.), c. 14, s. 4; 1977, c. 5, s. 14.

5. The Gouvernement shall appoint one of the commissioners to be the chairman of the Commission.

1965 (1st sess.), c. 14, s. 5.

6. Each commissioner shall hold office during good behaviour, save that his tenure of office shall cease upon his attaining the age of seventy years and, for pension purposes, he shall be deemed to have resigned.

1965 (1st sess.), c. 14, s. 6.

7. A commissioner may be removed from office only on an address of the Assemblée nationale.

1965 (1st sess.), c. 14, s. 7; 1968, c. 9, s. 83, s. 90.

8. If a member of the Commission is unable to act by reason of absence or illness, he may be replaced by a person appointed to perform his duties, while he is unable to act, by the Gouvernement who shall fix his remuneration.

1969, c. 14, s. 20.

9. The Gouvernement shall fix the salary of each commissioner and such salary cannot be reduced.

1965 (1st sess.), c. 14, s. 8.

10. A commissioner shall not hold any other public office or engage in any other business than that of his office.

1965 (1st sess.), c. 14, s. 9.

11. The Gouvernement shall, in the manner prescribed by this act, appoint a secretary and the other functionaries requisite for the proper administration of the Commission.

1965 (1st sess.), c. 14, s. 10.

12. The duties of the Commission shall be:

(1)  to test the qualifications of candidates for admission to and transfer and promotion in the civil service;

(2)  of its own motion, to investigate and report upon the operation of this act and upon the observance of the provisions thereof and of any regulations made for carrying it out;

(3)  to carry out such duties as are assigned to it by the Gouvernement.

1965 (1st sess.), c. 14, s. 11; 1969, c. 14, s. 21.

13. The deputy-heads and the functionaries shall give the Commission access to their offices and such facilities, assistance and information as the Commission may require for the performance of its duties.

1965 (1st sess.), c. 14, s. 12.

14. The Commission or any member or delegate thereof holding an investigation shall have all the powers and immunities of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37).

1965 (1st sess.), c. 14, s. 13.

15. The members of the Commission and the functionaries and employees thereof cannot be sued for any official act performed in good faith in the exercise of their functions.

1965 (1st sess.), c. 14, s. 14.

16. No extraordinary recourse contemplated in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against the Commission or against any of its members or delegates acting in their official capacity.

Article 33 of the Code of Civil Procedure shall not apply to the Commission.

Two judges of the Court of Appeal, upon motion, may annul summarily any writ, order or injunction issued or granted contrary to section 15 or this section.

1965 (1st sess.), c. 14, s. 15; 1969, c. 14, s. 22; 1974, c. 11, s. 2.

17. The Commission may make regulations for its internal government and for the carrying out of this act. Such regulations shall be subject to the approval of the Gouvernement and shall be published in the Gazette officielle du Québec.

1965 (1st sess.), c. 14, s. 16.

18. The Commission shall make an annual report on its activities; such report shall be laid before the Assemblée nationale.

1965 (1st sess.), c. 14, s. 17; 1969, c. 14, s. 23.

DIVISION III DEPUTY-HEADS

19. The deputy-head of each department or body shall superintend and direct the employees of his department or body.

He shall, subject to the directions of the head, have general charge of the matters connected therewith and exercise the other powers and duties assigned to him by the Gouvernement.

1965 (1st sess.), c. 14, s. 18.

20. A deputy minister shall give his full time to his functions, and shall discharge all duties required of him by the head of the department or by the Gouvernement, whether such duties are in his department or not.

1965 (1st sess.), c. 14, s. 19.

21. In the absence of the deputy-head, the assistant deputy-head shall perform his duties and, in the absence of the assistant deputy-head, the head of a department may appoint a functionary to perform the duties of the deputy-head.

1965 (1st sess.), c. 14, s. 20.

DIVISION IV CLASSIFICATION

22. Civil servants are classified in accordance with the classification established by the Commission and approved by the Gouvernement.

Such classification shall in particular establish the list of the senior positions in each department, and in each body contemplated in paragraph 7 of section 2; the incumbents of such offices shall be the senior officers of the civil service.

1965 (1st sess.), c. 14, s. 21; 1969, c. 14, s. 24.

23. The Commission may, with the approval of the Gouvernement, amend the classification in any manner.

1965 (1st sess.), c. 14, s. 22.

24. Each class established in any new classification shall embrace all similar positions and shall be given a classification title indicative of the character and rank of the position.

1965 (1st sess.), c. 14, s. 23.

25. The Commission shall determine, in the classification in force, the rank of all positions in the civil service, taking into consideration the character and importance of the work of the incumbent.

Any employee who considers himself prejudiced by a decision respecting his classification shall have a right of appeal in conformity with the regulations of the Commission.

1965 (1st sess.), c. 14, s. 24; 1969, c. 14, s. 25.

26. The description of duties given by the classification title or the definition of a class shall in no way restrict the powers of a functionary under any statute or the power of the Gouvernement or the head or the deputy-head of an employee to define his duties and direct his work.

1965 (1st sess.), c. 14, s. 25.

27. The classification title prescribed under section 24 shall be used in all registers and documents of the Commission, the Ministère de la fonction publique, the Auditor-General, the Conseil du trésor and the Comptroller of Finance, and in the reports to the Legislature.

1965 (1st sess.), c. 14, s. 26; 1969, c. 14, s. 26; 1970, c. 17, s. 98, s. 102; 1977, c. 5, s. 14.

DIVISION V REMUNERATION

28. The compensation of each deputy-head and each deputy minister and the salary of each class of employees shall be fixed by the Gouvernement upon the recommendation of the Commission; where any increase in expenditure will result therefrom, the rate fixed shall only become operative when the Legislature has voted the necessary money.

1965 (1st sess.), c. 14, s. 27; 1969, c. 14, s. 27; 1976, c. 7, s. 4.

29. The compensation fixed for each class of functionary may contain a minimum and a maximum salary rate and intermediate rates in order to provide increases between the minimum and maximum.

1965 (1st sess.), c. 14, s. 28.

30. The compensation of any functionary upon appointment shall be at the minimum rate prescribed for the class; nevertheless, when he is already in the civil service in another permanent position, his compensation shall not be lower than that which he received before such new appointment, provided that it does not exceed the maximum rate prescribed for the class.

Subject to the same restriction, the Commission may permit the salary granted at the time of appointment to be fixed at a rate higher than the minimum.

1965 (1st sess.), c. 14, s. 29.

31. The compensation of any permanent functionary who has not reached the maximum rate for his class may be increased, in accordance with the classification and the regulations of the Commission, by the authority entrusted with the appointment of such functionary.

1965 (1st sess.), c. 14, s. 30; 1969, c. 14, s. 28.

32. Unless otherwise provided in a collective agreement, no additional remuneration beyond the regular salary of the office he holds shall be paid to any person employed in the civil service, except in accordance with the regulations of the Commission and by virtue of an order-in-council in which the name of the person who is to receive such remuneration, as well as the services for which such remuneration is allowed, shall be mentioned.

1965 (1st sess.), c. 14, s. 31.

33. Until another salary is established in accordance with the provisions of this act, every deputy-head, functionary or workman shall continue to receive the salary which has been granted to him by competent authority.

1965 (1st sess.), c. 14, s. 32; 1969, c. 14, s. 29.

DIVISION VI APPOINTMENTS

34. Deputy-heads as well as associate secretaries-general of the Conseil exécutif, assistant secretaries of the Conseil du trésor and assistant deputy-ministers shall be appointed by the Gouvernement upon the recommendation of the Prime Minister; the other senior officers and the functionaries and workmen of any body contemplated in paragraph 7 of section 2 shall be appointed by the Gouvernement; all the other functionaries and workmen shall be appointed in writing by the head of the department to which they belong, who may delegate such power in writing to the deputy-head or to any functionary of his department.

1965 (1st sess.), c. 14, s. 33; 1969, c. 14, s. 30; 1976, c. 7, s. 5; 1977, c. 5, s. 14.

35. No functionary other than an associate secretary-general of the Conseil exécutif, an assistant secretary of the Conseil du trésor or an assistant deputy-minister, and no workman shall be appointed or promoted unless he is eligible for the post to which he is appointed or promoted, according to a list of eligible persons furnished by the Commission, and unless the Minister of the Civil Service, the Deputy Minister of the Civil Service or any other functionary of such department authorized generally for such purpose by the Minister has previously certified in writing that no plan of organization approved by the Gouvernement prevents the appointment or promotion, and he has assured himself that there is a sufficient balance on an appropriation.

Appointment or promotion shall not be determined by seniority, except that for workmen of equal competence, seniority may be one of the criteria considered.

1965 (1st sess.), c. 14, s. 34; 1969, c. 14, s. 30; 1976, c. 7, s. 6; 1977, c. 5, s. 14.

36. No functionary or workman shall be appointed on a permanent basis unless he has been employed continuously on a temporary basis in the civil service for a period of at least six months and unless, according to the list of eligibility furnished by the Commission, he possesses a working knowledge of the French language.

1965 (1st sess.), c. 14, s. 35; 1969, c. 14, s. 30.

37. The regulations may determine the positions or classes of positions for which a period of continuous temporary employment of more than six months is required before permanency, or for which an immediate permanent appointment is permitted notwithstanding section 36.

1965 (1st sess.), c. 14, s. 36.

38. No temporary appointment shall be made for more than six months or for a period exceeding that fixed by regulation in accordance with section 37. Nevertheless, the Commission may grant extensions but none shall exceed six months.

1965 (1st sess.), c. 14, s. 37.

39. The Commission shall not enter anyone on a list of eligible persons except after an examination held in accordance with this act, save in the cases provided for by the regulations.

The Commission shall examine all applications submitted within the time prescribed for the receipt of applications and, after conducting such tests, interviews and investigations as it considers necessary, shall declare eligible the candidates who are qualified.

Every examination must be of a nature to determine impartially the ability of the candidates.

1965 (1st sess.), c. 14, s. 38.

40. Immediately a vacancy occurs, the deputy-head shall notify the Minister of the Civil Service who shall forward the application to the Commission; the latter shall, as soon as possible, submit a list of eligible persons, after holding an examination if necessary.

Whenever in the opinion of the Commission it is possible to do so and it is in the best interests of the public, appointments shall be made from within the civil service by competition.

1965 (1st sess.), c. 14, s. 39; 1969, c. 14, s. 31.

41. The Commission may, by regulation, designate the classes of positions for which permanent lists of eligible persons shall be maintained. For other classes, examinations shall be held only when vacancies occur.

1965 (1st sess.), c. 14, s. 40.

42. The Commission shall admit to its examinations all persons who, according to law and the regulations, may be appointed to any position of the class for which the examination is held.

1965 (1st sess.), c. 14, s. 41.

43. Notice of every examination shall be given in the manner fixed by the regulations of the Commission.

1965 (1st sess.), c. 14, s. 42.

DIVISION VII OFFENCES

44. Any person who, at an examination held by the Commission under the authority of this act, commits any fraudulent act or violates the regulations of the Commission, shall be liable, on summary proceeding, to a fine of fifty to two hundred dollars or to imprisonment for not more than one month.

1965 (1st sess.), c. 14, s. 43.

45. Any person who, at an examination held by the Commission under the authority of this act, personates another candidate or employs or induces any person to personate him or connives or assists at any such personation, shall be liable, on summary proceeding, to a fine of one hundred to five hundred dollars or to imprisonment for a period of not more than six months.

1965 (1st sess.), c. 14, s. 44.

DIVISION VIII SUPERNUMERARIES

46. If the number of permanent functionaries in any class becomes greater than the number allowed in a plan of organization, the remainder shall become supernumeraries in that class in which they rank and must be transferred to the Ministère de la fonction publique and shall form part of such department as available functionaries until they are transferred to another portion of the civil service, until they are appointed to the Ministère de la fonction publique otherwise than as available functionaries or until they leave such service upon resignation or dismissal.

Sub-paragraph 3 of paragraph l of section 1 of the Labour Code shall not apply to such functionaries as long as they remain in the Ministère de la fonction publique as available functionaries.

1965 (1st sess.), c. 14, s. 45; 1969, c. 14, s. 32; 1977, c. 5, s. 14.

DIVISION IX OATHS AND SOLEMN AFFIRMATIONS

47. Before entering upon their duties or receiving any salary, the deputy-heads and permanent functionaries and the members of the office of a minister, of the Leader of the Opposition, of the President of the Assemblée nationale, of the Vice-President of the Assemblée nationale, of the Chief Government Whip or of the Chief Opposition Whip shall make the oath or solemn affirmation contained in Schedule A to this act.

The same oath or affirmation may be required of temporary or supernumerary employees by the head of the department.

1965 (1st sess.), c. 14, s. 46; 1969, c. 14, s. 33.

48. In addition to the oath or affirmation above mentioned, the Clerk of the Conseil exécutif and the employees thereof, the other deputy-heads or senior officers and every other functionary, when so required by the Gouvernement or by their head or deputy-head, shall make the oath or the affirmation contained in Schedule B to this act.

1965 (1st sess.), c. 14, s. 47; 1969, c. 14, s. 33; 1977, c. 5, s. 14.

49. The oaths or affirmations mentioned in this division shall be made before any person authorized to administer them under a regulation made for such purpose by the Gouvernement. Such regulation shall be published in the Gazette officielle du Québec.

1965 (1st sess.), c. 14, s. 48; 1969, c. 14, s. 33.

50. A certificate to the effect that such oaths or affirmations have been made shall be forwarded to the Clerk of the Conseil exécutif.

1965 (1st sess.), c. 14, s. 49; 1969, c. 14, s. 33; 1977, c. 5, s. 14.

51. The Clerk of the Conseil exécutif shall keep a register of all oaths or affirmations mentioned in this division.

1965 (1st sess.), c. 14, s. 50; 1969, c. 14, s. 33; 1977, c. 5, s. 14.

52. Every deputy-head, functionary or member of an office who violates such oaths or affirmations shall be immediately dismissed in the manner prescribed by this act.

1965 (1st sess.), c. 14, s. 51; 1969, c. 14, s. 33.

DIVISION X GENERAL CONDITIONS OF SERVICE

53. The following shall be fixed by regulation of the Commission:

(a)  working hours for each branch of the civil service, and the methods to be employed therein for recording the attendance of the employees;

(b)  the period of leave of absence to be granted to functionaries and workmen and the conditions upon which they shall be entitled thereto.

A deputy-head, functionary or workman who resigns during a federal or provincial election in order to be a candidate thereat shall be entitled, within eight days after the day when another candidate is proclaimed elected, to resume his position, and he shall then be deemed to have had leave of absence without salary during the interval.

1965 (1st sess.), c. 14, s. 52; 1969, c. 14, s. 34.

54. The functionaries and workmen shall be governed by the provisions of the collective agreement which apply to them or, failing such provisions in any such collective agreement, by the provisions of this act, notwithstanding any general law or special act, respecting the following subjects:

(a)  additional salary or remuneration;

(b)  working hours and period of work;

(c)  leave of absence;

(d)  settling of grievances;

(e)  suspension;

(f)  dismissal;

(g)  appeal of an employee who believes himself wronged by a decision respecting his classification.

Nevertheless, no provision of a collective agreement shall deal with any other subject which, under this act, falls under the jurisdiction of the Commission or of the Gouvernement unless the Commission has agreed thereto by by-law and such by-law has been approved by the Gouvernement.

No decree or document in lieu thereof or collective agreement made with a view to a decree shall apply to the conditions of employment of the functionaries or workmen.

1969, c. 14, s. 35.

55. Sundays and the holidays fixed by law shall be the only holidays to be observed in the civil service.

1965 (1st sess.), c. 14, s. 53.

56. In the event of a functionary or workman absenting himself from the service without permission, a proportional deduction from his salary shall be made for each day of absence, without prejudice to any other penalty.

1965 (1st sess.), c. 14, s. 54.

57. Upon the recommendation of the Minister of the Civil Service, the Gouvernement may establish, by regulation, standards of ethics and discipline applicable to members of the civil service.

1969, c. 14, s. 36.

58. No deputy-head, functionary or permanent workman shall engage in partisan work in connection with a federal or provincial election.

Any person infringing this section shall be liable to be dismissed in the manner prescribed by this act.

1965 (1st sess.), c. 14, s. 55.

59. No person shall use intimidation or threats to induce a deputy-head, functionary or workman to participate in an act of political partisanship or punish him for refusing to participate therein.

Whosoever infringes this section shall be liable, on summary proceeding, to a fine of one hundred to five hundred dollars or to imprisonment not exceeding six months.

1965 (1st sess.), c. 14, s. 56.

60. No person holding a position under the Gouvernement, on pain of forfeiting his office, shall have a direct or indirect interest in an undertaking that causes his personal interest to conflict with the duties of his office.

Such forfeiture, however, shall not be incurred if such interest devolves to him by succession or gift and he renounces or disposes of it with all possible dispatch.

1969, c. 14, s. 37; 1971, c. 11, s. 2; 1977, c. 5, s. 14.

61. No deputy-head or functionary who is a member of a professional group or who holds a position requiring a terminal university degree which requires a minimum of sixteen years’ study or the equivalent shall practise his profession otherwise than for the account of the Gouvernement or of the body of which he is a deputy-head or functionary.

1969, c. 14, s. 37; 1977, c. 5, s. 14.

DIVISION XI SUSPENSION

62. The head of a department may suspend from the performance of his duties any deputy-head or employee guilty of misconduct or negligence in the performance of his duties and may remove such suspension at will.

1965 (1st sess.), c. 14, s. 57.

63. The power to suspend may be exercised by the deputy-head or, in the case of an employee of the outside service, by any functionary specially authorized in writing by the head of the department.

1965 (1st sess.), c. 14, s. 58.

64. Every suspension must be immediately reported to the Commission in writing, setting forth the reasons for such suspension, and the period thereof shall not exceed two months save with the assent of the Commission.

1965 (1st sess.), c. 14, s. 59.

65. The suspended deputy-head or employee shall receive no salary for the time during which he was under suspension, unless the Commission or the head orders otherwise.

1965 (1st sess.), c. 14, s. 60.

DIVISION XII DISMISSALS

66. The Secretary-General of the Conseil exécutif, the deputy-ministers, the Secretary of the Assemblée nationale, the Superintendent of Insurance, and the permanent functionaries and the workmen, except those who are governed by a collective labour agreement, shall not be removed or dismissed except upon the written recommendation of the Commission, following an inquiry at which the employee implicated shall be entitled to be heard with his witnesses.

At the request of the employee, the record shall be transmitted to the Gouvernement before removal or dismissal is pronounced.

1965 (1st sess.), c. 14, s. 61; 1969, c. 14, s. 38; 1977, c. 5, s. 14.

67. Any appointment made on a temporary basis may nevertheless be cancelled without the written recommendation of the Commission.

1965 (1st sess.), c. 14, s. 62; 1969, c. 14, s. 39.

DIVISION XIII PAYMENT OF SALARIES

68. All salaries or wages of deputy-heads, functionaries and workmen shall be paid out of the sums voted annually, for that purpose, by the Legislature.

When the personnel of an administrative service is transferred from one department to another, the Gouvernement may order that a portion of the moneys voted for such administration be transferred to the department that is taking over the service.

1965 (1st sess.), c. 14, s. 63.

69. Every appointment, promotion, suspension or dismissal shall be communicated forthwith to the Comptroller of Finance.

1965 (1st sess.), c. 14, s. 64; 1970, c. 17, s. 99.

DIVISION XIV PRIVATE SECRETARIES

70. Any person may be appointed by a Minister, the Leader of the Opposition, a member covered by section 77 of the Legislature Act, the President, the Vice-President or the Assistant Vice-President of the Assemblée nationale, the Government House Leader, the Opposition House Leader or the House Leader of a party covered by the second paragraph of section 77 of the Legislature Act, the Chief Government Whip or the Chief Opposition Whip in the Assemblée nationale, to be his private secretary or the latter’s assistant, according to the scales established by the commissioners appointed under section 41 of the Legislature Act; such a person shall be a member of the civil service as soon as he is so appointed, and may become a permanent functionary following one year’s continuous employment as such, provided that the person who appointed him so recommends in writing.

1965 (1st sess.), c. 14, s. 65; 1969, c. 14, s. 40; 1971, c. 9, s. 26.

71. If the person appointed private secretary or associate private secretary already holds a position in the civil service he may receive, in addition to his regular salary, whilst so acting, any sum fixed by the Gouvernement.

1965 (1st sess.), c. 14, s. 66; 1969, c. 14, s. 41.

72. Except the second paragraph of section 53, and section 59, divisions VI and X of this act shall not apply to private secretaries or their assistants.

1965 (1st sess.), c. 14, s. 67.

DIVISION XV COLLECTIVE BARGAINING

73. The Syndicat des fonctionnaires provinciaux du Québec is recognized as the representative of all employees in the civil service who are employees within the meaning of the Labour Code as amended, except:

(a)  teachers;

(b)  employees who are members of each of the professions contemplated in chapter B-1, N-2, M-9, D-3, P-10, O-7, O-6, M-8, A-12, A-21, I-9, A-23, I-10, C-15, C-48 and in section 242 of chapter 43 of the statutes of 1973, and persons admitted to the study of such professions;

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

(d)  employees who are peace officers, prison guards, game-wardens, transportation or autoroute inspectors and other persons performing duties of a peace officer.

1965 (1st sess.), c. 14, s. 69; 1973, c. 43, s. 261; 1973, c. 46, s. 49; 1973, c. 49, s. 45; 1973, c. 51, s. 46; 1973, c. 52, s. 31; 1973, c. 53, s. 23; 1973, c. 58, s. 35; 1973, c. 59, s. 26; 1973, c. 64, s. 34.

74. Section 73 shall have the same effect as a certification by an investigation commissioner under the Labour Code for two separate groups comprising:

(a)  functionaries who are employees;

(b)  workmen who are employees.

The Labour Court established by the Labour Code shall decide all conflicts respecting the effective exclusion or inclusion of an employee or class of employees in either of such groups, and shall have the power to cancel the certification and grant another upon the conditions prescribed by the Labour Code.

1965 (1st sess.), c. 14, s. 70; 1969, c. 48, s. 41.

75. The Gouvernement may grant certification to any association of employees to represent each of the groups contemplated in paragraphs a, c and d of section 73 and the members of each of the professions contemplated in paragraph b of the same section together with the persons admitted to the study of such profession.

Such certification shall be granted only upon the recommendation of a joint committee constituted for such purpose by the Gouvernement and one-half of the members of which are representatives of the group concerned.

Such certification shall have the same effect as certification by an investigation commissioner under the Labour Code.

The Labour Court established by the Labour Code shall decide all conflicts respecting the effective exclusion or inclusion of an employee in any of such groups and may cancel the certification and grant another upon the conditions prescribed by the Labour Code.

1965 (1st sess.), c. 14, s. 71; 1969, c. 48, s. 42.

76. With the consent of the majority of the employees who are members or admitted to the study of a profession contemplated in paragraph b of section 73, 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 c of the same section, certification may be granted to such an association for such group together with the others which it represents.

1965 (1st sess.), c. 14, s. 72.

77. Any association of employees of the civil service shall have the right to affiliate provided that its constitution forbids it to engage in party politics or in financing a political party and that it may not affiliate with any association which does not respect such prohibitions.

1965 (1st sess.), c. 14, s. 73.

78. Associations of employees contemplated in paragraph d of section 73 (peace officers) are forbidden to affiliate.

1965 (1st sess.), c. 14, s. 74.

79. The group of employees contemplated in section 78 is forbidden to strike.

Any other group is forbidden to strike unless the essential services and the manner of maintaining them are determined by prior agreement between the parties or by decision of the Labour Court established by the Labour Code.

1965 (1st sess.), c. 14, s. 75 (part); 1969, c. 48, s. 43.