Bill 99 — Fourth Session, 16Th Legislature, 20 Elizabeth 11 • I"" J I , , the Legislative Assembly of Alberta Bill 99 An Act To Amend the Public Service Act (Legislature 16, Session 4)

L16 S4 4936

Alberta — Bills

1971 Bill 99 Fourth Session, 16th Legislature, 20 Elizabeth 11 • I"" j i , , THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 99

An Act to amend The Public Service Act HON. MR. RAY SPEAKER First Reading Second Reading Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 99 1971

AN ACt TO AMEND THE PUBLIC SERVICE ACT (Assented to ,1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Public Service Act is hereby amended.

Section 3 is amended by striking out subsection (4) and by substituting the following:

(4) The Lieutenant Governor in Councll may, upon the recommendation of the IVIinister, make any provisions of this Act inapplicable to any employee or class or group of employees, other than employees on whose behalf the As sociation has the sole right to negotiate.

Section 5 is amended by striking out subsection (2) and by substituting the following:

(2) The Commissioner is the deputy head of the Per sonnel Administration Office.

(3) The Commissioner may (

a) delegate any powers, duties or functions conferred or imposed on the Commissioner by this Act or the regulations to an officer of the Personnel Adminis tration Office; (

b) with respect to the employees of any department or any class or group thereof, delegate any powers, duties or functions conferred or imposed on the Commissioner by this Act or the regulations to the deputy head of that department 'Or an officer of that department; (

c) amend, replace or revoke any delegation made under this subsection; (

d) make 'any del,egati'On 'made under this subsection subject to any conditions he may prescribe. 4. The following

section is added after

section 6:

Expla natory Notes I. This Bill amends

chapter 298 of the Revised Statutes of Alberta 1970. 2.

Section 3 (4) reads:

(4) This Act does not apply to the members or employees of (

a) The Albe,rta Liquor Control Board, or (

b) The Workmen's Oompensation Board, or (

c) the Oil and Gas ConservatiJon Board, or (

d) The Research Council of Alberta, or (

e) The Alberta Human Resources Research Council. The present subsection (4) is removed as unnecessary, as the Act does not in any event apply to the Boards named. It applies to Crown employees only. The new subsection (4) is intended to allow for exemptions from particular provisions of the Act in certain cases, espe'Cially cases of senior offida'ls.

Section 5, subsection (2) presently Teads: 5.

(2) The Commissioner is the deputy head of the P,ersonnel Admin istration Office and may delegate to any designated officer of that office any of the functions, duties and powers assigned to the Commissiloner by this Act or the regulations. The new subsection (3) contains the Public Service Commissioner's powers of delegation in more ,general ierms. These powers aTe presently contained in

section 5 (2) above, and 'crIso in sections 10(3) and 17(3) which will be repealed as a result. 4. Commissioner's right of access to personnel information and staJti'Stics in departments.

6.1 The Oom'm~ssioner and any officers of the Pers!Onnel Administration Office designated by him for the purpose are entitled to access to the records and files of every de partment for the purpose of examining them and taking exlJI'Iaet.s therefrom lOr making Icopies tJhereof, Where the I'Ieeords relalte to perslonnel matter,s of Ithat department or 00ntain statistioal information that is in tJhe Commissioner)s 'Op'ill'ion required by him for the purpose of enabling him to c1arry 'Out his duties under this Act 'and t)he regu[laltiions.

Section 7 is amended by adding the following sub

section afte?' subsection (2):

(3) A department head may appoint an employee of his department as the acting deputy head of that department, and an acting deputy head so appointed has, during the absence of the deputy head or a vacancy in the office of the deputy head, the powersanld dUltie,s IOf the deputy bead.

Section 9, subsection (2) is amended by striking out the words "the classification plan" and by substituting the words "a classification plan". 7.

(1) Section 10 is arnended (

a) as to subsection (1) by striking out the word,'; "The Lieutenant Governor in Council shall estab lish and maintain a classificati'on pLan" and by sub stituting the words "The Minister may with the approv::lj of the Lieutenant Governor in Council establish one or more classification plans", (

b) as to subsection (2) by striking out the words "the dassificaltilon plan" and by substituting tlw 'words "a classification plan", (

c) by striking out subsection (3) and by substituting the following:

(3) The lVIinister may from time to time amend a classification plan without the approval of the Lieutenant Governor in Council.

(2) The classification plan in fo"rce under

section 10 of The Public Service Act at the commencement of this suu

section rnay be a,1nended by the Minister as though it had been made by him pursuant to sect'ion 10 of that Act as amend eel by subsection (1). 2

Section 11 is arnended (

a) as to subsection (1) by striking out the 'Words "the Lieutenant Governor in Council excludes there from" and by sucstit'!tting the 'Words "that are ex cluded therefrom by the Minister with the approval of the Lieutenant Governor in Council",

Section 7 (1) (

c) presently reads: 7 ..

(1) Subject to the genera,l direction of the department head, the deputy head (

c) may appoint an acting officer to have, during the absence of the incumbent, the power and authority of the office for which he is appointed DO act, unless such an appointment is otherwise pro vided for by any other Act. Subsection (3) is added because :Qf doubts ra.ised as to the power of a deputy head to appoint his own acting deputy head under sec tion 7(1) (c). It is considered appr:Qpriate that the appointment in these cases should be made by the deputy head's superior, t.he Minister of the department. 6.

Section 9(2) presently reads:

(2) Where a department proposes to add a new position or change an existing position by (

a) providing for the addition or change in its departmental esti mates for the next ensuing fiscal year, ·or (

b) requesting authorization under suhsection (3), the positions shall be allocated to a class in the classification plan pur suant to

section 10 unless the position is excluded from the plan pursua.nt to ,section 11. See note to

section 7 of this Bill.

Section 10 presently reads: 10.

(1) The Lieutenant Governor in Council shall establish and main tain a class1fication plan defining and designating the classes of posi tio,ns in the public ,gervice (

a) as a basis flo~ uniform treatment of employees performing the same kind and leve,l of work, and (

b) to provide a systematic basis for organization and administra tion.

(2) Each position in the staff establishment of a department shall be allocated to a class in the classification plan by the Commissioner.

(3) Notwithstanding subsection (2), the Commissi,oner may in writing authorize a department head to aLlocate positions in his department to any specified classes, suhject to such rules and principles as the Com missioner prescribes. The amendment will allow for the creation of more than one class ification plan for employees. The Minister will establish the plans with the approval of the Lieutenant Governor in Council but will be able to amend a plan without such approval, in order to reduce the multiplicity of orders in council under the section. As to the repeal of the present subsection (3), see

section 3 of this Bill.

Section 11 presently reads: 11.

(1) Notwithstanding

section 10, the classification plan shall not include the po,sitions of deputy ministers and any lother positions or classes of positions the Lieutenant Governor in Council excludes therefrom.

(2) Before excluding a position or class of positions from the classifi cation plan the Lieutenant Governor in Council shall obtain a report from the Commissione,r as to the desirability of that action. The

section is amended in line with the amendments to

section 10 of the Act. 2

(

b) as to subsection (2) by striking out the words "Before excluding" and by substituting the words "Before approving the exclusion of".

Section 12 is struck out and the following is substi tuted: 12.

(1) The Lieutenant Governor in Council shall make regulations (

a) providing for the establishment of one or more classification appeal boards, (

b) providing, in the case of each board so established, for the manner in which its members shall be appointed and its chairman designated, and (

c) prescribing the procedure for appeals to a classifi cation board and for the conduct of the appeals be fore a board.

(2) An employee or a department head may appeal the allocation of a position in a classification plan in accord ance with the regulations.

(3) A classification appeal board shall, upon concluding an appeal under this section, either dismiss the appeal or re-allocate the position concerned.

(4) A decision of a classification appeal board under this

section is binding on the Commissioner, the depart ment head and the deputy head. 10.

(1) Section 13 is amended (

a) by striking out subsection (1) and by substituting the following: 13.

(1) The Minister, with the approval of the Lielutelliant Governor in Oouncil, shan eSltabliSih an Off1icial Pay Plan fur each cla.ssificaltion pl'an established under

section 10 showing in each case a s,allary range for etalch dass in the da.s'Sdfication plan, SIO that the totalcompenslation for each class in the plan m'ay remain compar:able with that of fered by prhnate and publ'ic €lnployees having regard to the rellative levels of the dasses. (

b) as to subsection (2), clause (

a) by striking out the word ''(t!he'' and by substituting the word "a", (

c) as to subsection (2) by adding after the words "Official Pay Plan" the words "for that classifi cation plan", (

d) by adding the following subsection:

(3) The Minister may from time to time amend an Official Pay Plan without the approval of the Lieutenant Governor in Council. 3

Section 12 presently reads: 12.

(1) The Lieutenant Governor in Council shall appoint a classifica tion appeal board consisting of a chairman and two other members.

(2) An employ,ee or a department head may appeal the aUo.cation of a positio.n to the classification appeal board in the manner prescribed by the regulations.

(3) The decisions .of the claSISification appeal board are binding upDn the Commissioner.

Section 13 presently reads: 13.

(1) The Lieutenant Governor in Council shall establish and main tain an Official Pay Pla;n showing a salary range flor each class in the classification plan, so that the total compensation for each class may remain comparabLe with that offered by private and public emplDyers, having due regard to the relative levels .of the classes.

(2) Where a position or class of positions is (

a) included in the olassificatilon plan, but (b) ,excluded from negotiations pursuant to

section 26, the Commissioner shall consult the head of any department concerned before recommending that the Official Pay Plan be amended. For each classification plan there will be an Official Pay Plan. Official Pay Plans will now be made by the Minister with the ap proval of the Lieutenant Governor in Council, as in the case of classification plans: see

section 7 of this Bill and the note to it. 3

(2) The Official Pay Plan in force under

section 13 nf The Public Service Act at the comnwncement of this sub

section 'may be a1nended by the Minister as though it hatZ been made by him pursuant to

section 13 of that Act as amended by subsection (1).

Section 14, subsection (1) is amended by striking out the words "the classification plan" and by substituting the words "a classification plan".

Section 16, subsection (1) is amended by striking out the words "the classification plan" and by substituting the words "a classification plan".

Section 17 is amended by striking out subsection (3). ~~,~,_.k~

Section 18 is amended (

a) as to subsection (1) by striking out the words "the classification plan" and by substituting the words "a classification plan", (

b) by striking out subsection (2) and by substituting the following:

(2) Where a position (

a) is tlO be fiNed by in-service promotion or by limited or open competition, or (

b) is exempt from cmnpetition, an appointment to the position is subject to certifi cation that the person to be appointed is qualified for the position, which certification shall be made in accordance with the directions of the Commis sioner and by the persons authorized to do so by those directions. (

c) as to subsection (3) by striking out the words "the classification plan" and by substituting the words "a classification plan". 15. The following

section is added after

section 19: 19.1 Notwithstanding

section 9, subsection (1) of The Public Service Pension Act, the Minister may 4 (

a) authorize the continuation of the employment of an employee after he has attained the age of 65 yea'rls for 'a period specified by the Minislter, or (

b) authorize the re-appointment of an employee who is 65 years of age or over, for a period specified by the Minister.

I I.

Section 14(1) presently reads: 14.

(1) The Commissioner shall, up·on request of the Minister, prepare salary recommendations .in respect of positions which are exoluded from the classification plan pursuant to

section 11. 12. See note to

section 7 of this Bill. 13.

Section 17(3) presently reads:

(3) Notwithstanding subsection (2), the Commissioner may authorize a department head to conduct limited or open competitions where due to the specialized nature of the wlo·rk or the geographic isolation of the position the competition can be more efficiently conducted by the department. See note to

section 3 of this Bill. 14.

Section 18(2) presently reads:

(2) Where a position (

a) is to be filled by limited or open competition conducted by the Commissioner, or (

b) is exempt from competition, an appointment to the position is subject to the Commissioner's certifi cation that the person to be appointed is qualified for the position. As to the amendments to subsection (1) and (3), see

section 7 of this Bill. 15. Continuation of employment or re-appointment of an em ployee after age 65. A similar provision was in the Act prior to its re enactment in 1968. 4

16. SecUon 24 is amended by adding the following sub section:

(5) In this

section "employee" includes a member or employee of the Research Council of Alberta.

Section 41 is amended by adding after the words '''Offi'daJ Pay Plan" the words "or Plans". 18 .

Section 42 is amended (

a) as to subsection (2), clause (a), subclause (

i) by striking out the words "section 40" and by substi tuting the words "section 28, subsection (2)", (

b) as to subsection (4) by striking out the words "Executive Secretary" and by sUbstituting the words "Executive Director". 19. The following sections are added after

section 45: 46.

(1) Notwithstanding anything in this Act a depart ment head may, on behalf of the Government, enter into a contract of employment with any person in accordance with this

section if the department head is authorized to do so under the regulations made pursuant to this section.

(2) A contract of employment shall not be entered into under this se,ction with an employee 'On whose behalf the Association has the sole right to negotiate.

(3) A contract of employment under this

section shall provide for (

a) the remuneration to be paid to the employee, (

b) the duration of the term of employment, (

c) subject to clause (d), the period of notice required to be given by the employee or the department head to terminate the employment; (

d) the amount of remuneration to be paid by the Government in lieu of the giving of notice to the employee, (

e) the terms and conditions of the employment. ( 4) A conrb~a:ct of employment under thi,s seCition may (

a) make inapplicable to the employee any of the pro visions of this Act or the regulations under this Act; (

b) vary, or qualify the application of, any of the pro visions of this Act or any regulations under this Act.

(5) The Minister, with the approval of the Lieutenant Governor in Council, may make regulations 5

Section 24 in general prohibits Government employees from acquiring any interest in Crown lands. The amendment will extend the

section to members and employees of The Research Council of Alberta. 17. See note to

section 10 of this Bill. 18. (

a) Corrects an erroneous cross-reference. (

b) Changes the title of the Executive Secretary of the Civil Service Association of Alberta. 19. Sections 46 and 47 provide specific authority to the Govern ment to enter into contracts of employment or engage persons on a fee-for-service basis. 5

(

a) prescribing the circumstances and conditions under which a department head may enter into a contract of employment under this section; (

b) prescribing any terms and conditions of employ ment under contracts authorized pursuant to clause (a).

(6) Notwithstanding The Public Service Pension Act the contract of employment may exclude the employee from the operation of that Act. 47.

(1) The Lieutenant Governor in Council, upon the recommendation of the Minister, may by order (

a) engage any person to provide to the Government the services specified in the order; (

b) authorize the payment of fees to that person and remuneration to be paid for his travelling and living expenses incurred while absent from his place of residence in the course of performing his services; (

c) provide for any other matter in connection with the engagement of that person's services or the ser vices required to be performed.

(2) The Lieutenant Governor in Council, upon the recommendation of the Minister, may delegate his powers under subsection (1) to a department head either generally or in specified C'ases and in eIther case shall pres:cribe the circumstances under whkh ,and the 'Conditions upon which the departlment head may exer'Cise the powers SIO delegated . . 20. This Act comes into force on the day upon wh1·ch it is assented to. 6

6 Title: 1971 (16th, 4th) Bill 99,

An Act to amend The Public Service Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4936
Type	bill
Volume / chapter	L16 S4 4936
Language	en
Format	json
Source	PROVINCIAL
Identifier	b7d3d2264482fe5c0a161afb30ba53d965c8f581

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