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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE SANDY SANTORI

MINISTER OF MANAGEMENT SERVICES

BILL 71 – 2003

PUBLIC SERVICE AMENDMENT ACT, 2003

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

Section 1 of the Public Service Act, R.S.B.C. 1996, c. 385,

is amended

(

a) by repealing the definition of "appeal board" ,

(

b) by repealing the

definitions of "commission" and "commissioner"

and substituting the following:

"agency" means the BC Public Service Agency continued under

section 5 (1);

"agency head" means the head of the agency appointed

under

section 5 (2); , and

(

c) in the definition of "merit commissioner" by

striking out "the commissioner" and substituting "the

agency head" .

2 Sections 4 (2) and (3), 6 (

a) and 24 are amended by striking

out "commission" and substituting "agency" .

3 The heading to

Part 2 is repealed and the following substituted:

Part 2 – BC Public Service Agency .

Section 5 is amended

(

a) in subsection (1) by adding "as the BC Public Service Agency"

before "under the administration of the minister." ,

(

b) in subsection (2) by striking out "the commissioner"

and substituting "the agency head" and by striking out "the

commission" and substituting "the agency" , and

(

c) by repealing subsection (2.3).

5 Sections 5 (3) and (4), 8 (4), 10 (b) (iii) and 22 (1) and

(2) are amended by striking out "commissioner" and substituting

"agency head" .

Section 5.1 is amended by adding the following subsection:

(3) If the merit commissioner is absent or unable to act, another official authorized by the merit commissioner has the powers and must perform the functions and duties of the merit commissioner under this Act.

Section 6 is amended by striking out "the commissioner"

and substituting "the agency head" .

Section 7 is amended by striking out "as commissioner

and merit commissioner, the commissioner" and substituting "as

agency head and merit commissioner, the agency head" .

Section 9 (3) is amended by striking out "commissioner"

in both places and substituting "agency head" .

Section 11 is repealed.

Part 4 is repealed and the following substituted:

Part 4 – Review of Staffing Decisions

Definitions

16 In this Part, "deputy minister" means,

(

a) with respect to a position in a ministry, the deputy minister of that ministry, and

(

b) with respect to a position with a board, commission, agency or organization, the person having overall responsibility for the board, commission, agency or organization.

Request for feedback on staffing decision

(1) An employee who is an unsuccessful applicant for an appointment to the public service may, within the prescribed time, request from the individual responsible for the appointment an explanation of the reasons why he or she was not appointed.

(2) The responsible individual must provide an explanation as soon as practicable after receiving a request under subsection (1).

Inquiry into staffing decision

(1) An employee who has made a request under

section 17 may request an inquiry into the application of

section 8 (1) with respect to the appointment.

(2) A request under subsection (1) must be made within the prescribed period to the deputy minister responsible for the position and must include a detailed statement specifying the grounds on which the request is made.

(3) The deputy minister who receives an application under subsection (1), or a person designated by the deputy minister, must inquire into the appointment and confirm the appointment or proposed appointment or direct that the appointment or proposed appointment be reconsidered.

Review by merit commissioner

(1) An employee who is an unsuccessful applicant for an appointment to a position in a bargaining unit under the Public Service Labour Relations Act who has made a request under

section 18 and disagrees with the decision of the deputy minister or designate under that

section may request a review of the appointment by the merit commissioner on the ground that

section 8 (1) has not been complied with.

(2) A request under subsection (1) must be made in writing within the prescribed period to the merit commissioner and may only be based upon the grounds submitted to the deputy minister under

section 18 (2).

(3) Subject to the regulations, the merit commissioner must establish the procedure for the expeditious consideration of requests for reviews under subsection (1).

(4) If an applicant requests a review under subsection (1), the merit commissioner must, before undertaking the review, inform the deputy minister of the review.

(5) The merit commissioner may summarily dismiss a request for a review under subsection (1) if

(

a) the request for review is not made within the time limit prescribed under subsection (2),

(

b) the merit commissioner considers that the request for review is frivolous, vexatious or trivial or is not made in good faith,

(

c) the request for review does not contain sufficient information to determine whether

section 8 (1) has been complied with, or

(

d) the grounds, even if proven, are not sufficient to establish that

section 8 (1) has not been complied with.

(6) After conducting a review, the merit commissioner may

(

a) dismiss the review, or

(

b) direct that the appointment or the proposed appointment be reconsidered.

(7) This

section does not apply with respect to an appointment to the public service that is referred to in

section 10.

Inquiry Act

20 For the purpose of a review under

section 19, the merit commissioner has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act .

Decision final

20.1 A decision of the merit commissioner under

section 19 is final and binding.

Section 25 (4) and (5) is repealed and the following substituted:

(4) The Lieutenant Governor in Council may make regulations respecting inquiries and reviews under

Part 4 including regulations respecting the manner of applying for an inquiry under

section 18 or a review under

section 19 and the time limits for those applications.

13 The Supplement to the Public Service Act is repealed.

Transitional and Consequential Amendments

Transitional – former proceedings

Part 4 of the Public Service Act ,

as it read immediately before

section 11 of this Act came into force, continues

to apply with respect to appeals of appointments to positions that were posted

on or before the date

section 11 of this Act came into force.

Agricultural Land Commission Act

15 Se ction 8 (4) of the Agricultural Land Commission Act,

S.B.C. 2002, c. 36, is amended by striking out "commissioner"

and substituting "agency head" .

Auditor General Act

Section 8 (4) (

b) of the Auditor General Act, R.S.B.C. 1996,

c. 23, is amended by striking out "the Public Service Employee Relations

Commission," and substituting "the BC Public Service Agency," .

Crown Counsel Act

Section 4.1 (1) of the Crown Counsel Act, R.S.B.C. 1996, c.

87, is amended in the definition of "employer" by striking

out "the Public Service Employee Relations Commission." and substituting

"the BC Public Service Agency."

Election Act

Section 13 (2) of the Election Act, R.S.B.C. 1996, c. 106,

is amended by striking out "the Public Service Employee Relations Commission,"

and substituting "the BC Public Service Agency," .

Freedom of Information and Protection of Privacy Act

Section 41 (4) (

b) of the Freedom of Information and Protection

of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out "the

Public Service Employee Relations Commission" and substituting "the

BC Public Service Agency" .

Schedule 2 is amended by striking out the following:

Public Body:

Public Service Appeal Board

Head:

Chair .

Industry Training and Apprenticeship Act

Section 6 (5) of the Industry Training and Apprenticeship

Act, S.B.C. 1997, c. 50, is amended by striking out "commissioner"

and substituting "agency head" .

Oil and Gas Commission Act

Section 12 (2) of the Oil and Gas Commission Act, S.B.C. 1998,

c. 39, is amended by striking out "commissioner under that Act"

and substituting "agency head under that Act" .

Ombudsman Act

Section 8 (3) (

b) of the Ombudsman Act, R.S.B.C. 1996, c. 340,

is amended by striking out "the Public Service Employee Relations Commission"

and substituting "the BC Public Service Agency" .

Police Act

Section 51 (7) (

b) of the Police Act , R.S.B.C. 1996,

c. 367, is amended by striking out "the Public Service Employee Relations

Commission." and substituting "the BC Public Service Agency."

Public Sector Employers Act

Section 3 (2) (

c) of the Public Sector Employers Act,

R.S.B.C. 1996, c. 384, is repealed and the following substituted:

(

c) the agency head appointed under the Public Service

Act ; .

26 The

Schedule is amended by striking out "Public

Service Appeal Board" .

Public Service Labour Relations Act

Section 1 (1) of the Public Service Labour Relations Act ,

R.S.B.C. 1996, c. 388, is amended in the definition of "division"

by striking out "the Public Service Employee Relations Commission established"

and substituting "the BC Public Service Agency continued" .

Section 3 is amended by striking out "The Public Service

Employee Relations Commission" and substituting "The BC Public

Service Agency" .

Commencement

29 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Public Service Act, amends

section 1] changes

definitions to reflect the changes made by this Bill.

SECTION 2: [Public Service Act, amends sections 4, 6 and 24] reflects

replacement of the Public Service Employee Relations Commission by the BC Public

Service Agency.

SECTION 3: [Public Service Act, re-enacts heading to

Part 2]

is self explanatory.

SECTIONS 4 AND 5: [Public Service Act, amends sections 5, 8, 10 and 22]

establish and reflect the establishment of the BC Public Service Agency.

SECTION 6: [Public Service Act, adds

section 5.1 (3)] provides

for acting merit commissioner.

SECTION 7: [Public Service Act, amends

section 6] reflects replacement

of the commissioner by the agency head.

SECTIONS 8 AND 9: [Public Service Act, amends sections 7 and 9] reflect

replacement of the commissioner by the agency head.

SECTION 10: [Public Service Act, repeals

section 11] removes

a provision made redundant by the new

section 17 of the Act enacted by this

Bill.

SECTION 11: [Public Service Act, re-enacts

Part 4]

eliminates the Public Service Appeal Board;

provides for deputy ministers to conduct enquiries into staffing decisions;

provides for the merit commissioner to conduct reviews of staffing decisions;

provides the merit commissioner with Inquiry Act powers.

SECTION 12: [Public Service Act, repeals and replaces

section 25 (4)

and repeals subsection (5)] is self explanatory.

SECTION 13: [Public Service Act, repeals the Supplement] repeals

a not in force amendment to the Act.

SECTION 14: [Transitional – former proceedings] continues the

appeal provisions for positions that are posted before

section 11 of this Bill

comes into force.

Agricultural Land Commission Act

SECTION 15: [Agricultural Land Commission Act, amends

section 8 (4)]

reflects replacement of the commissioner by the agency head.

Auditor General Act

SECTION 16: [Auditor General Act, amends

section 8 (4) (b)] replaces

the reference to the Public Service Employee Relations Commission with a reference

to the BC Public Service Agency.

Crown Counsel Act

SECTION 17: [Crown Counsel Act, amends

section 4.1 (1)] replaces

the reference to the Public Service Employee Relations Commission in the definition

of "employer" with a reference to the BC Public Service Agency.

Election Act

SECTION 18: [Election Act, amends

section 13 (2)] replaces the

reference to the Public Service Employee Relations Commission with a reference

to the BC Public Service Agency.

Freedom of Information and Protection of Privacy Act

SECTION 19: [Freedom of Information and Protection of Privacy Act, amends

section 41 (4) (b)] replaces the reference to the Public Service Employee

Relations Commission with a reference to the BC Public Service Agency.

SECTION 20: [Freedom of Information and Protection of Privacy Act, amends

Schedule 2] is consequential to the removal of the Public Service Appeal

Board.

Industry Training and Apprenticeship Act

SECTION 21: [Industry Training and Apprenticeship Act, amends

section

6 (5)] reflects replacement of the commissioner by the agency head.

Oil and Gas Commission Act

SECTION 22: [Oil and Gas Commission Act, amends

section 12 (2)]

reflects replacement of the commissioner by the agency head.

Ombudsman Act

SECTION 23: [Ombudsman Act, amends

section 8 (3) (b)] replaces

the reference to the Public Service Employee Relations Commission with a reference

to the BC Public Service Agency.

Police Act

SECTION 24: [Police Act, amends

section 51 (7) (b)] replaces

the reference to the Public Service Employee Relations Commission with a reference

to the BC Public Service Agency.

Public Sector Employers Act

SECTION 25: [Public Service Act, repeals and replaces

section 3 (2) (c)]

reflects replacement of the commissioner by the agency head.

SECTION 26: [Public Sector Employers Act, amends the Schedule]

is consequential to the removal of the Public Service Appeal Board.

Public Service Labour Relations Act

SECTION 27: [Public Service Labour Relations Act, amends

section 1 (1)]

replaces the reference to the Public Service Employee Relations Commission

in the definition of "division" with a reference to the BC Public Service Agency.

SECTION 28: [Public Service Labour Relations Act, amends

section 3]

replaces the reference to the Public Service Employee Relations Commission

with a reference to the BC Public Service Agency.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada