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Volume 46, No. 24

B.C. Reg. 443/2003

The British Columbia Gazette,

Part II

December 2, 2003

B.C. Reg. 443/2003, deposited November 28, 2003, pursuant to the PUBLIC SERVICE AMENDMENT ACT, 2003 [Section 29] and the PUBLIC SERVICE ACT [Section 25]. Order in Council 1134/2003, approved and ordered November 27, 2003.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective December 1, 2003,

(

a) the Public Service Amendment Act, 2003 , S.B.C. 2003, is brought into force by this regulation,

(

b) the Public Service Appeal Regulation, B.C. Reg. 133/94, is repealed, and

(

c) the Review of Staffing Decisions Regulation set out in the attached

Schedule is made. — S. SANTORI, Minister of Management Services; C. CLARK, Presiding Member of the Executive Council.

Schedule

REVIEW OF STAFFING DECISIONS REGULATION

Definition

1 In this regulation, "Act" means the Public Service Act .

Request for feedback

(1) An unsuccessful applicant for an appointment to the public service who wishes to make a request for an explanation to the individual responsible for the appointment under

section 17 of the Act must do so within five days of receiving notice of the staffing decision.

(2) The request may be made orally, either in person or by telephone, or in writing.

(3) A written request must be given to the individual responsible or sent to that individual by courier or electronic transmission.

Request for an inquiry

(1) An employee who wishes to request an inquiry under

section 18 of the Act must make a written request to the deputy minister within five days of receiving an explanation under

section 17 of the Act.

(2) The written request must be given to the deputy minister or sent to the deputy minister by courier or electronic transmission.

Request for a review

(1) An employee who wishes to make a written request for a review under

section 19 of the Act must do so within five days of receiving the results of the inquiry under

section 18 of the Act.

(2) The written request must be given to the merit commissioner or sent to the commissioner by courier or electronic transmission.

Remedy of irregularities

5 A review under

section 19 of the Act is not invalid because of a defect in form, a technical irregularity or an error of procedure that does not result in a denial of natural justice, and the merit commissioner may relieve against those defects, irregularities or errors of procedure on just and reasonable terms.

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