British Columbia Bill 13 (Government) — 3rd Parliament, 41st Session — Previous Version 1

3-41 Gov Bill 13-1

British Columbia — Bills

2018 Legislative Session: 3rd Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CAROLE JAMES

MINISTER OF FINANCE AND DEPUTY PREMIER

BILL 13 – 2018

PUBLIC SERVICE AMENDMENT ACT, 2018

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Public Service Act,

section 1] adds

definitions for the purposes of dismissal process reviews by the merit commissioner.

Section 1 of the Public Service Act, R.S.B.C. 1996, c. 385, is amended by adding the following

definitions:

"dismissal file" means the records of a ministry or a board, commission, agency or organization of the government to which this Act applies that are relevant in relation to a reviewable dismissal;

"eligible dismissal" means a reviewable dismissal that is eligible for review under

section 5.12 (1);

"reviewable dismissal" means a dismissal that

(

a) takes place on or after April 1, 2018, and

(

b) is, or was initially, a dismissal under

section 22 (2).

SECTION 2: [Public Service Act, sections 5.11 to 5.14]

provides that the merit commissioner is responsible for dismissal process reviews;

sets out which dismissals are eligible for review;

requires the agency head to provide specified information about specified dismissals to the merit commissioner;

establishes the scope of reviews by the merit commissioner.

2 The following sections are added:

Merit commissioner – dismissal process review

5.11 The merit commissioner is responsible for monitoring the application of government practices, policies and standards to eligible dismissals by the following by conducting reviews of eligible dismissals in accordance with sections 5.12 to 5.14:

(

a) the agency;

(

b) ministries;

(

c) boards, commissions, agencies and organizations of the government to which this Act applies.

Dismissals eligible for review

5.12

(1) A reviewable dismissal becomes eligible for review as follows:

(

a) if no grievance procedure under a collective agreement or proceeding before a court or a judicial or quasi-judicial tribunal in relation to the reviewable dismissal has been commenced, 12 months after the date of the dismissal;

(

b) if a grievance procedure under a collective agreement or a proceeding before a court or a judicial or quasi-judicial tribunal in relation to the reviewable dismissal has been commenced, 6 months after the date on which the grievance procedure or the proceeding and all related proceedings are complete.

(2) The agency head must notify the merit commissioner as soon as practicable after the agency head becomes aware that a dismissal about which information was provided to the merit commissioner under

section 5.13 (1) is the subject of a grievance procedure under a collective agreement or a proceeding before a court or a judicial or quasi-judicial tribunal.

(3) If the merit commissioner

(

a) receives a notification under subsection (2) and is conducting a review of the dismissal that is referred to in the notification, or

(

b) otherwise becomes aware that he or she is conducting a review of a dismissal that is the subject of a grievance procedure under a collective agreement or a proceeding before a court or a judicial or quasi-judicial tribunal,

the merit commissioner must defer the review until the date that is 6 months after the date on which the grievance procedure or the proceeding and all related proceedings are complete.

Information for merit commissioner

5.13

(1) The agency head must, at least once every 6 months, provide the merit commissioner with information about reviewable dismissals and eligible dismissals, including, without limitation,

(

a) the name of the employee who was dismissed,

(

b) the position or title of the employee who was dismissed,

(

c) the name of the ministry, board, commission, agency or organization that employed the employee who was dismissed,

(

d) the date of the dismissal, and

(

e) any other prescribed information.

(2) The agency head must provide the merit commissioner with the dismissal file for a reviewable dismissal as soon as practicable after the dismissal becomes eligible for review under

section 5.12 (1).

Scope of reviews by merit commissioner

5.14

(1) The merit commissioner may review only dismissals eligible for review under

section 5.12 (1).

(2) The merit commissioner may determine which eligible dismissals to review.

(3) For the purposes of a review, the merit commissioner may review the dismissal file and any other information the merit commissioner considers relevant.

(4) When conducting a review of an eligible dismissal, the merit commissioner must not make a determination whether the dismissal met the legal standard for a just cause dismissal.

SECTION 3: [Public Service Act,

section 5.2] provides what may, and what must not, be included in an annual report of the merit commissioner in relation to dismissal process reviews.

Section 5.2 (4) is repealed and the following substituted:

(4) The report of the merit commissioner under this section,

(

a) in relation to monitoring the application of the merit principle, must not disclose

(

i) personal information, as defined in

Schedule 1 of the Freedom of Information and Protection of Privacy Act , relating to individuals who applied for or were appointed to positions in the public service, or

(ii) the identity of persons who participated on behalf of the ministries, boards, commissions, agencies or organizations, as the case may be, in the selection of the individuals appointed to positions in the public service, and

(

b) in relation to monitoring the application of government practices, policies and standards respecting eligible dismissals,

(

i) may include

(

A) references to particular instances of non-compliance with government practices, policies and standards,

(

B) identification of persistent patterns of non-compliance with government practices, policies and standards, and

(

C) recommendations in relation to dismissals, including recommendations for changes to government practices, policies and standards and how to eliminate patterns of non-compliance with government practices, policies and standards, and

(ii) must not disclose

(

A) personal information, as defined in

Schedule 1 of the Freedom of Information and Protection of Privacy Act , in relation to a particular instance or a persistent pattern of non-compliance with government practices, policies and standards respecting eligible dismissals, or

(

B) the identity of a ministry, board, commission, agency or organization in relation to a particular instance or a persistent pattern of non-compliance with government practices, policies and standards respecting eligible dismissals.

SECTION 4: [Public Service Act,

section 7] provides that specified individuals have access to records of boards, commissions, agencies and organizations of government to which the Public Service Act applies.

Section 7 (

b) is repealed and the following substituted:

(

b) boards, commissions, agencies and organizations of the government to which this Act applies, and .

SECTION 5: [Public Service Act,

section 20.02] is self-explanatory.

Section 20.02 is repealed.

SECTION 6: [Public Service Act, sections 22.1 to 22.3]

provides immunity to the merit commissioner, or a person acting on behalf of or under the direction of the merit commissioner, in relation to duties respecting dismissal process reviews;

provides that specified reports and records of the merit commissioner, or a person acting on behalf of or under the direction of the merit commissioner, are not admissible as evidence in specified proceedings;

provides that the merit commissioner, or a person acting on behalf of or under the direction of the merit commissioner, must not be compelled to give evidence in specified proceedings.

6 The following sections are added:

Immunity protection

22.1

(1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the merit commissioner, or a person acting on behalf of or under the direction of the merit commissioner, because of anything done or omitted

(

a) in the performance or intended performance of any duty under sections 5.11, 5.12, 5.14 and 19, or

(

b) in the exercise or intended exercise of any power under sections 5.11, 5.12, 5.14 and 19 to 20.1.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

Inadmissibility

22.2 The following are inadmissible in evidence in any grievance procedure under a collective agreement or proceeding before a court or a judicial or quasi-judicial tribunal in relation to a dismissal that is, or was initially, a dismissal under

section 22 (2):

(

a) an annual report under

section 5.2;

(

b) any findings or records of the merit commissioner, or a person acting on behalf of or under the direction of the merit commissioner, respecting reviews of eligible dismissals or the preparation of an annual report under

section 5.2.

Merit commissioner not to be compelled

22.3 The merit commissioner, and a person acting on behalf of or under the direction of the merit commissioner, must not be compelled to give evidence in a grievance procedure under a collective agreement or proceeding before a court or a judicial or quasi-judicial tribunal in relation to a dismissal that is, or was initially, a dismissal under

section 22 (2).

SECTION 7: [Public Service Act,

section 25] adds a regulation-making power.

Section 25 is amended by adding the following subsection:

(0.1) The Lieutenant Governor in Council may make regulations respecting any matter for which regulations are contemplated by this Act.

SECTION 8: [Public Service Act,

section 25.1] requires that a special committee of the Legislative Assembly perform a review of the Act in relation to dismissal process reviews by the merit commissioner and submit a report to the Legislative Assembly.

8 The following

section is added:

Review of dismissal review process

25.1 A special committee of the Legislative Assembly must,

(

a) within 5 years after the date this

section comes into force, begin a review of this Act in relation to dismissal process reviews by the merit commissioner, and

(

b) within one year after the date of the appointment of the special committee, submit a report to the Legislative Assembly respecting this Act in relation to dismissal process reviews by the merit commissioner.

Commencement

9 This Act comes into force on the date of Royal Assent.

Explanatory Notes