Bill 3 (Legislature 1, Session 1)

L1 S1 10431

Alberta — Bills

Sbort titJe Head of department. Public Service.

An Act Respecting the Public Service. (Assented to o"'· the Legislative Assembl~r 0~ the J:'rovince of Albert a., enac't s as tallows : :-;HOH'.r 'J.' I'l'T.~ 1. "this Act may be ct tt~d as "The l'ublic Service Act ". INTERP?.ETAT ION. In this Act unless the context otherwise requires the expression "head of a department " or "head " means the member of the Executive Counoi 1 for the time being pres itUng over a dey nrtment. 3.

The ex:preBsion "emrloyee" or "employees" in this and any other Aot ahall inollld e all .. persone in the service of the Aovernment and of t be Leg inla.tivP Assembly of the Province other than the clerk of the Legislative Aaaembly and the auClitor appointee under The Treasury Department Act. APPLICATION. 4.

The Public service of the Provine e for the purposes of this Act includes and consists o:f' the clerk of the Legislative Assembly and the Pro vincial Auoitor an<'! of all classes of employees in or unoer the following departments of the Government an<'l. of the Legislative Assembly of the Pro~nce heretofore appointed or hereafter to be appointed by the Lieutenant Governor in Council or other competent authority, namely :

Application Application to the employees of the Legislative Assembly. -2- (

a) Office of the Exemrt; iv e Co1moil . The t " .... of the Attorney General . (

b) The Department • ( 0) The Department of the Provine ial Secretary; (

q) The Depattment of the Tre11.sury (

e) The Departrnen t of Publi o Works (

f) The Department of Aericv.l ture; (

g) The Department of Education; (

h) The offices of the Legislative Assembly. h s h eJ· nafter excepter.. this Act shall apply ... • ave as e r -· , to such of the offices of the Registrar, Clerks and Deputy Clerlzs of the Supreme Conr .... t of the North West Territories as are in lA:l"B~~ the offices "' of the Registrar, Clerks e.nd Deput~7 Clerks of all courts of j1,st ice hereafter established by law in ·~··'~ Albert~ In so far as applicahle Bllc1 for the purposes of ~ld~-.,.~;Y.'ot the word "department" in this Act shall ~extP.nd ·to and~_include the officers of the Supreme Court of the North West Territ orj_e a at present exercising juriediot ion in Alberta, an<\> to. the officers of all oourtA of juAt ice hereafter established by law, anrl the Attorney General, of the .Province for the time beine shall be the heaa thereof; but nothin6 herein contained shall impair or interfere with any already established authority or control of the courts and Juclges over their o:Pficers. 6.

This Act shell apply to the r·ermrunent employees of the JJeeislati ve Assembly , saving alweys all legnl rights and privilegAs of the said Assembly as resp8cts the appointment or removal of its officers or servr,nts or a.n~~ of them. ·DIVIS I m OF THE PUBLIC SERYIC E. 7. The public service shall be Cli·Fided into two divisions (

a) The first or inside <livision shRll consiPt

Inside division. Outside division. Appointment, how made. Oversight of department. Powers of deputy in absence of head. -3- of the employees comprising the several depart~ental staffs at the seat of Government in the Province enumerated in the fourth

section of this Act. (br The second or outside division shall comprise all other employees of the Government of the Province. CLERK OF THE LEGISLATIVE ASSEMBLY s. The clerk of the Legislative Assembly shall be appointed by the Lieutenant Govemor in Council and shall hold office during pleasure ; but whenever such plensur e is exercised in the direction of removing a clerk of the Legislative Assembly from his office a statement of the reasons for so doing shall be laid o on the table of the Leej_slative Assembly within the I first fifteen days of the neyt following session thereof. 9.

The head of each department shall oversee and direct the employees of the department ; and shall have general control of the business thereof ; and shall perform such other dutil~B as are assigned to him by the Lieutenant Governor in Colmcil. 10.

In the absence o-!: an~· he ad, the deruty or assistant to the heaa of the department shall perform the duties of such head unless an acting head of the department iR appointed or the pe:cforJJlance of such duties is otherwi0e provided for by the Lieutc~nant Governor in Council ann apy deputy or assistant head so acting during such absence shall exercise all the powers vested in the bead as to the control 9f the other employees of the de,ps.rtment.

Term of pr<t_bation of employees. How rmdr-:. Acting. When to have effect. Employees tn subscribo to baths of allegiance and office. APPOINT1U1NTS. • 11.

Every efployee entering the public service of the Province within the meanine of this Act Rhall be subject to a probation of six months; and his employment shall cease at the enc1. of that period from the d. ate of his first emrloyment unless at or ~efore the end of that period, the head signifies in writing that such person is considered by him as com: etent for the duty of that ctepartment; anc1. if he is rejected the head of the dejpartment shall report to the Lieutenant Governor in Council the reasons for rejecting him. 12. 1 .. 11 appointments to the public service shal.l be rmcle by the !.ieutenant Governor in Council on the application and :report of the head of the department in which the person appointed is to l)e emplo~-ed.

All such appointment:.c: shall be cl.u ring 1)lettsure. 13. It shal}. be lawful for the r~ieut enant r.ovemor in Council to appoibi any member ot tbe Exeouti""e Council to act as head of a department and also to appoint RnF acting officer or servant of an~ kind who shRll have all the power and authority of the person for whom he is acting. (~-}. Such act inc head of depart.~nt, officer or servant shall act only in the absence from the post of duty or during illness or other physical disability of the person for whom he acts or in case of a vacancy in office. OATHS 14.

All employees of the puhlic service who have not alread:r done so ann eYery clerk of the JJegislfl.t:i.ve Assembly, Provincial Auditor, or employee hereafter appointed before any salary is paitl. to him shall take and subscribe the oath of allegiance and ~also .. the

Clerk of Executive Council to sul)scribe tp oath of secrecy. Pers one before whom such oaths are to be taken. Record of oaths. Salaries. Pr-ecedence of officials, -5- ~e oath containel in form A in the sche<'lul .. e hereto in addition to any other oath which may be provided by any other Acti.._in that behalf. 15. In the case of the clerk of the Execrrtive Council and all employees under hirn and in the case of any officer or emlJloyee of whom the Lient enant Governor requires the same there shall he added to the oath at the asterisks in the form of the oath in said form A of the

schedule hereto the words conte.ined in form B dm the said

schedule .. 16. The clerk of the Executive Council shall take and subscribe the said oaths before the Lieutenant Governor or some one appointed by him to afuninist P,r the same; in the case of persons residing or coming to reside at the seat of Gov er.nment in the J?rovi nc e the oath shall be taken and subscribed before the clerk of the :P..xecntiv e Counci 1; in other cases the oaths. may be taken and subscribed before any person duly nut horised to administer oa tha in the Province, who shaLl. forward the same to the clerk of the Executive Council. 17.

The clerk of the Executive Council shnll keep a Tl'lCOrd of e-11 such oaths. SALARIES. 18. All employees in the public service of the Province , the Clelk of the JJegislative Assembly, and the Provincial .AuCiitor Shall receive such salaries respectively as mey be assigned to them by order in council and voted by the J,egislatnre • ORGlJTIS.ATI II~. 19 • The staff of each department shall be divided and rank as f oll Ovis · . t (

a) The deputy or assistant to the head :6f the Department.

Division of departments. Officials required. Extra clerical assistance and payment therefor. Employment of extra clerks. -6- (

b) The chief clerk of each branch, bureau or sub-department provided the department 1s so divided; (c)_ Clerks; ( cl) ~iless enge rs. 20. The Lient enant Governor in Council :nay from time to time dividet any d~art~ent into as many branches, bureaus or sub-departments as may appear most convenient for the service; and. one of the clerk~: in such department may be appoint eel chief clerk of' such branch, bureau or ·sub-c1.epartment. GENERAL PROVISIONS AND REGULATIONS. 21.

As soon as conveniently may be after the passin1 of this Act, the I.ieut enant Governor in Council shall determine the number of officers or employees that are requirec'l. for the working of each c'l.epart1nent and nhall c£~.issify the sane according to the arrange- mente so determined .• 22.

No extra clerk or other employee shall (except un<'l.er an order in council) be employed in any three months department unle::s for a period not exceeding;., for whihh he may he paid at a rate not exceeding two dollars and a half. per day out of the appropriation of the 0 apartment on the certificate of the head thereof; except only that if such extra cler.k or employee be a person of special attainments and employed as such he ma~r be paid at a rate not exceed- ine the orclinar~r chare;e for such services.

(2) Any extra clerk or employee may (under an order in council made on the application and report of the head of the department that the same is requisite) be employed for a longer period than thr(·e months and he· shall ·dul"'~g such period be borne on rthe pay

Hours of attendance. Transfer of clerks from one department to another. Payment :"or ~xtra servio es. Suspension of officials. ~lro applications for ·.,increase of salary to be made. pay list of the department. At the end of six months A ~uch e7t ra clerk or employee shall only be retained .t in '~the cJ q)artment as a probationary clerk or employee if appo-'.nted as such in the manner rwquired herein. 23.

The J.Jieut enant Governor in C01mcil may regulate the hours of attennanee of the employees in any department; and when the public servt.ce demands (in case of pressure or urgency) that ailditional time be given such additional time as the head or deputy head of any department may require shall be given by all the ole Ik s and employees without additional oo mp ens at ion. 24. The Lieutenent. Governor in Council may transfer any clerk or employee from one c1_ ep artment to another or assign an~r duties to any clerk or employee temporarily or otherwise. 25.

No allowanco or compensation shall be IIF.cte fdr any e~r4 services whatsoever which 81'1Y olerk or emiJloyee may be required to perform. 26. The head of a depart,!lent may suspend from--the performance of his duty or from the receipt of his salary any ilmployee guilty of improper oonCI.uat or negligence in the performance of M.s duties; and may subsequently remove such suspension; but no person shall receive an~r salary or 1)ay for the time during which he was under suspension. 2 7.

Any app lie at ion for increase of salary made by any employee in the public service or by any other person on his behalf with such employee's conflent or knowledge shall be .. -~onsidered as a tendl'3rine of the resignation of such employee. 28. The head of a department may at such times as may be convenient' grant to each employee in the department leave of ab~3ence f ·or recli!_eation for anv ..

Leave of absence. Rules and regula tiona may be made. -8- any period not exceeding three weeks for each year, of service; ana. the head of a department, • may (in case 0 ° illness or other pressing necessity) grant such extended leave not exceeding twelve months and on such terms as the L:ieutenant Govemor in Council may th tnk fit. 29.

The Lieutenant Govemor in Council m~r mrure rules anCl regu.J..a.tions for carrying the provisions of this Act into effect. 30. '.Yhere in any Ordinance .of the North Fest Territories or Act of the Parliament o£ Canada with relRtion to any :rrJB.tt er within the legislatj_ve jurisdiction of the Province of J:,.lbe,ta, reference is made to any public department, head of a depart- ment, officer or functionary of the Government of the North West Territories, such reference shall be taken to mean s.nd to re:fer to and since the first day of September 1905 to have meant and to have re:ferred to , the correspond~ng public department. head of a department, officer or functionary of' the GovPrnment of Albexta, if ~y suCh existn or is hereafter by law established.

Provided that nothing in this Act shall'be taken to invalidate any Act or thing done by any headho£ department, officer or functionary, of the North. West Territories under the authority o~ ~ny such Ordinance or Act .. 31. All enactments a:rrcl prov! s ions or la.W""" inconsistent with or repugnn11t to this Act are hereby repealed:

-9- S C H E D U L E FOPJ•I A Oath of Office, I (A.B.) do solenmly antl. sincerely swear that I wil. faithfully anc1 honectly fulfill the nutias whioh devolve upon me as and that I will not ask or receive any enm of mon87, servioes, recompense, or matter or thing whatsoever, directly or indirectly, in ret urn for what I ha.v e done or may do in the dis charge of any of the dut ie s of rrry saic1 office, except my salary or what may be allowe me by law or by an Order of the Lieutenant Governo in Council ••.....•.•• So help me God. F0!11'<1 B. A~c1ition to Oath for Clerk of Exeontive Council and others.

And that I will not, without due author1'tl' in that beh al!, disclose or make known any matter or thing which comes to my knowledee by reason of my employment as (as the case may be).

No. J~ ~ . ~:~~~.. _ _. . .:"': .. ~; 7s-~~-. ·· ~~~~- ::Fi:r.;t Session,,: Fir $it~ Leg·fs.latu:ce f ,-- s.i~~~ }~0ii~t~:~~j,~: __ . &'.\· -~: ;':._, ~: {1', ---"----~ -- . ,f:~-~!:~:ii· •.\<},.,. "':Ifi:hg 'lLl'rinter -~~1:~:_3~~,~~· -~~-: <. ·~- 1 ·~~ :i:~{l'~i~;J:i;~~*:. /D· .... ,,~ -· .. ,: .. ;- ,, ~~ '. Title: 1906 (1st, 1st) Bill 3,

An Act Respecting the Public Service

Document details

Collection	Alberta — Bills
Citation	L1 S1 10431
Type	bill
Volume / chapter	L1 S1 10431
Language	en
Format	json
Source	PROVINCIAL
Identifier	77d87f737bc550ff5d82bc573c99fe3693791703

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