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Canada — Quebec Act or statute

Canada — Quebec legislation

Public Service Act, 1983

This section says the Act applies to persons appointed under it.

Source excerpt

HR managementadministrative hiringadmissibility of evidenceaffirmative actionappealsappeals procedureapplication screeningappointmentsassessment toolsauditauditscandidate selectioncivil service classificationcivil service complianceclassificationcollective agreementscollective bargainingcollective representationcommencementcommission governanceconfidentialitydisciplinary actiondisciplinary decisionsdisciplinary rulesdisciplinedocument disclosureelection leaveeligibility criteriaemployee association certificationemployee associationsemployee disciplineemployee representationemployment administrationemployment conditionsemployment hiringemployment status changesemployment terminationessential servicesethics and disciplinegovernance of exempt positionsgovernment recommendationsgrievance resolutionhiringhiring processhuman resources managementinternal administrationinvestigationsjob applicationjob postingjoint committee governancelabor relationslabour dispute resolutionlabour tribunal procedurelegislative approvalmediationmediation recordsmediation sessionsmerit-based selectionnotice of dismissalnotice requirementsofficial dutiespay deductionpenal consequencespersonnel classificationposition classificationprobationary periodprocedurepromotionpublic administrationpublic employmentpublic sector conductpublic sector staffingpublic servantspublic servicepublic service ethicspublic service organizationpublicationrecruitmentregulatory procedureremunerationreportingreserve placementrulemakingsalaryselection processessocial benefitsstaffing proceduresstrike prohibitionunion certificationunpaid leaveworkforce administration
Jurisdiction
Canada — Quebec
Structure
204 provisions
Official identity
Year 1983
Dates
Enacted 1983 · Source version 10 Jun 2026
More statute details
Dates
Enacted 1983 · Source version 10 Jun 2026
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“This section says the Act applies to persons appointed under it.”

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    Enacted 1983 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Section 1

This section says the Act applies to persons appointed under it.

Section 1

Section 85

The Conseil du trésor must determine pay, benefits, and other employment conditions for exempt positions, and set how those exempt positions are governed.

Section 85

Section 124

The Commission must submit an annual activities report to the President of the National Assembly by 31 July.

Section 124

Schedule

This schedule repeals chapter 55 of the statutes of 1983, except section 174, and also repeals sections 42 to 50 and 53 of that chapter at the specified consolidation/update times.

Schedule

04

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1983 · Source version 10 Jun 2026

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Showing 204 of 204 provisions

Provision 118Repeal 55Amendment 22Offence 4
§ 1Section 1Provision

Source excerpt

This section says the Act applies to persons appointed under it.

1. This Act applies to persons appointed thereunder. Persons admitted to the public service under a former Act are deemed to have been appointed under this Act. Every person contemplated in this section is a public servant. 1983, c. 55, s. 1.
Section 1Verify source
§ 2Section 2Provision

Source excerpt

2. The role of the public service is to provide the public with the services of quality to which it is entitled, implement the policies formulated by constituted authority and ensure the attainment of the other objectives of the

2. The role of the public service is to provide the public with the services of quality to which it is entitled, implement the policies formulated by constituted authority and ensure the attainment of the other objectives of the state. 1983, c. 55, s. 2.
Section 2Verify source
§ 3Section 3Provision

Source excerpt

The Act sets out how human resources in the public service are organized to support administration, accountability, equal opportunity, impartiality, fairness, and overall public service objectives.

3. The object of this Act is to enable the public service to fulfil its role. For that purpose, the Act establishes a mode of organization of human resources intended to promote (1) efficient administration and optimum utilization and development of human resources, (2) the exercise of the powers of human resources management at the least possible hierarchical remove from the persons concerned and the application of a system under which the public servant vested with such management powers is accountable for his acts, within the means put at his disposal, (3) equal opportunity for employment in the public service for all citizens, (4) impartiality and fairness in decisions affecting public servants, and (5) optimum contribution of the various components of Québec society to the public service. The mode of organization of human resources must also facilitate the achievement of the objectives of the Public Administration Act (chapter A-6.01). 1983, c. 55, s. 3; 2000, c. 8, s. 125.
Section 3Verify source
§ 4Section 4Provision

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A public servant has the duties and powers attached to the position, may also be assigned additional duties and powers by an authorized person, and must exercise them according to the Act’s or regulations’ standards of ethics and discipline.

4. A public servant has such primary and habitual duties and powers as are attached to his position. A public servant also has the powers and duties which may be assigned to him by any person duly authorized to define his duties and to supervise his work. A public servant shall exercise his powers and perform his duties in accordance with the standards of ethics and discipline prescribed in this Act or in the regulations under it. 1983, c. 55, s. 4.
Section 4Verify source
§ 5Section 5Provision

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Public servants must be loyal to constituted authority and perform their duties in the public interest with honesty, impartiality, consideration, and diligence.

5. Every public servant is bound ex officio to be loyal and to bear allegiance to constituted authority. A public servant shall perform his duties in the public interest, to the best of his ability, with honesty and impartiality, and shall treat the public with consideration and diligence. 1983, c. 55, s. 5.
Section 5Verify source
§ 6Section 6Provision

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Every public servant must keep confidential any matter learned in the course of duty, subject to access-to-information and personal-information rules.

6. Subject to the provisions relating to access to information and the protection of personal information, every public servant is bound to confidentiality regarding any matter brought to his knowledge in the performance of his duties. 1983, c. 55, s. 6.
Section 6Verify source
§ 7Section 7Provision

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A public servant must not have a direct or indirect interest that conflicts with office duties, and must renounce or dispose of any such interest acquired by succession or gift without delay.

7. In no case may a public servant have a direct or indirect interest in any undertaking that causes his personal interest to conflict with his duties of office. Where the interest devolves to him by succession or gift, he shall renounce or dispose of it with all possible dispatch. 1983, c. 55, s. 7.
Section 7Verify source
§ 8Section 8Provision

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A public servant must not accept money or other consideration for performing duties beyond the amount allocated under the Act.

8. In no case may a public servant accept any sum of money or any other consideration for the performance of his duties over and above the amount allocated to him for that purpose under this Act. 1983, c. 55, s. 8.
Section 8Verify source
§ 9Section 9Provision

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A public servant must not grant, solicit, or accept any undue favour or benefit, or use state property or information obtained as a public servant for personal benefit.

9. In no case may a public servant, directly or indirectly, (1) grant, solicit, or accept, as a public servant, any undue favour or benefit for himself or another person; (2) use for his own benefit any state property or any information obtained by him as a public servant. 1983, c. 55, s. 9.
Section 9Verify source
§ 10Section 10Provision

Source excerpt

A public servant must be politically neutral while performing duties.

10. A public servant shall be politically neutral in performing his duties. 1983, c. 55, s. 10.
Section 10Verify source
§ 11Section 11Provision

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A public servant must act with reserve when publicly displaying political opinions.

11. A public servant shall act with reserve in any public display of his political opinions. 1983, c. 55, s. 11.
Section 11Verify source
§ 12Section 12Provision

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A public servant may be a member of a political party, attend a political meeting, or make a contribution to a political party, a local political association, or a candidate in an election, if done in accordance with the law.

12. Nothing in this Act prohibits a public servant from being a member of a political party, attending a political meeting or making, in accordance with the law, a contribution to a political party or a local association of a political party or to a candidate in an election. 1983, c. 55, s. 12.
Section 12Verify source
§ 13Section 13Provision

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Public servants must complete a probationary period of at least 18 months.

13. Every person recruited as a public servant shall undergo a probationary period of not less than 18 months. The Conseil du trésor may determine the classes of positions for which a probationary period of over 18 months is required, and fix the length of such a period. The probationary period is calculated in days actually worked within a single government department or body as part of the powers and duties assigned to the recruited person for the period. The calculation is based on the particularities of each position. The Conseil du trésor may determine any other terms or conditions relating to the period. 1983, c. 55, s. 13; 2021, c. 11, s. 1; 2026, c. 5, s. 271.
Section 13Verify source
§ 14Section 14Provision

Source excerpt

A public servant gets permanent tenure only if the probationary period is passed and there has been two years of continuous employment in the public service.

14. A public servant obtains permanent tenure if he meets the following conditions: (1) he has passed his probationary period; and (2) he has been employed continuously in the public service for two years. The Conseil du trésor shall define what constitutes the fact of being employed continuously in the public service, within the meaning of subparagraph 2 of the first paragraph. 1983, c. 55, s. 14; 2021, c. 11, s. 2.
Section 14Verify source
§ 15Section 15Provision

Source excerpt

For promotions, the Conseil du trésor may set which positions require a probationary period and decide how long it lasts.

15. In the case of a promotion, the Conseil du trésor may determine the classes of positions for which a probationary period is required and fix the length of such a period. The probationary period is calculated in days actually worked within a single government department or body as part of the powers and duties assigned to the promoted person for the period. The calculation is based on the particularities of each position. The Conseil du trésor may determine any other terms or conditions relating to the period. 1983, c. 55, s. 15; 2021, c. 11, s. 3; 2026, c. 5, s. 272.
Section 15Verify source
§ 16Section 16Provision

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A public servant who breaches the standards of ethics and discipline may face disciplinary action, including dismissal.

16. A public servant who contravenes the standards of ethics and discipline is liable to disciplinary action, which may include dismissal, according to the nature and gravity of the fault. 1983, c. 55, s. 16.
Section 16Verify source
§ 17Section 17Provision

Source excerpt

A disciplinary action on a public servant is carried out by the deputy minister or the chief executive officer responsible for that person, either under section 16 or for any other just and sufficient cause.

17. The imposition of a disciplinary action on a public servant, in accordance with section 16 or for any other just and sufficient cause, is effected by the deputy minister or the chief executive officer to whom he is responsible. 1983, c. 55, s. 17.
Section 17Verify source
§ 18Section 18Provision

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A public servant who is incompetent in performing duties or unable to perform them may be demoted or dismissed.

18. Any public servant who is incompetent in the performance of his duties or who is unable to perform them may be demoted or dismissed. 1983, c. 55, s. 18.
Section 18Verify source
§ 19Section 19Provision

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A public servant on probation, except one on a promotion-related probation, may be dismissed with only fifteen days’ prior written notice.

19. Every public servant undergoing a probationary period other than a probationary period required on promotion may be dismissed without other procedure or formality than fifteen days’ prior notice in writing. 1983, c. 55, s. 19.
Section 19Verify source
§ 20Section 20Provision

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A public servant without permanent tenure may be dismissed for lack of work on fifteen days’ written notice.

20. Every public servant who has not acquired permanent tenure may be dismissed for lack of work without other procedure or formality than fifteen days’ prior notice in writing. 1983, c. 55, s. 20.
Section 20Verify source
§ 21Section 21Provision

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If a public servant is absent from service without permission, a deduction proportionate to the absence must be made from remuneration.

21. Without prejudice to any disciplinary action, if a public servant is absent from the service without permission, a deduction proportionate to the duration of his absence must be made from his remuneration. 1983, c. 55, s. 21.
Section 21Verify source
§ 22Section 22Offence

Source excerpt

A public servant may be provisionally relieved of duties, under regulatory requirements, in urgent situations or presumed serious fault cases.

22. A public servant may, in accordance with the requirements prescribed by regulation, be provisionally relieved of his duties in order to enable the competent authority to make an appropriate decision in the case of an urgent situation requiring prompt intervention, or in a presumed case of serious fault, whether it be a breach of a standard of ethics or discipline or an indictable or penal offence. 1983, c. 55, s. 22.
Section 22Verify source
§ 23Section 23Provision

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A deputy minister or the chief executive officer responsible for a public servant effects the imposition of an administrative measure on that public servant.

23. The imposition of an administrative measure on a public servant is effected by the deputy minister or the chief executive officer to whom he is responsible. 1983, c. 55, s. 23.
Section 23Verify source
§ 24Section 24Provision

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Public servants who want to be candidates may take unpaid leave, and one category must apply for it.

24. A public servant wishing to be a candidate in a provincial election must apply for and is entitled to leave without pay from the date of the writ ordering the election. A public servant wishing to be a candidate for any other elective public office is entitled to leave without pay if he applies therefor. The deputy minister or the chief executive officer to whom he is responsible shall fix the date of the beginning and end of the leave. The duration of the leave must, however, allow the public servant to become a candidate in due time and to conduct his election campaign. A public servant who is granted leave without pay under this section is entitled to resume his position within 30 days of the date for the nomination of candidates if he is not nominated or, if he is a candidate, of the date on which another person is declared elected. 1983, c. 55, s. 24.
Section 24Verify source
§ 25Section 25Provision

Source excerpt

Section 25 extends section 24, with necessary modifications, to public servants who wish to act as official agents of a candidate in a provincial election.

25. The provisions of section 24 apply, with the necessary modifications, to every public servant wishing to act as the official agent of a candidate in a provincial election. 1983, c. 55, s. 25.
Section 25Verify source
§ 26Section 26Provision

Source excerpt

A public servant elected in a provincial election stops being subject to this Act, except for sections 30, 129, and 130.

26. A public servant elected in a provincial election ceases to be subject to this Act, except sections 30, 129 and 130. 1983, c. 55, s. 26; 2021, c. 11, s. 4.
Section 26Verify source
§ 27Section 27Provision

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A public servant elected to another elective public office is entitled to partial or full unpaid leave during the first term to carry out office duties.

27. A public servant elected to an elective public office other than to that of Member of the National Assembly, is entitled throughout his first term, to partial or full leave without pay, for the purpose of carrying on his duties of office. Where the public servant is granted full leave without pay, he ceases to be subject to this Act, except sections 30, 129 and 130. 1983, c. 55, s. 27; 2021, c. 11, s. 5.
Section 27Verify source
§ 28Section 28Provision

Source excerpt

Some public servants in certain offices stop being subject to this Act, except for sections 30, 129 and 130.

28. A public servant employed as a member of the office staff of the Lieutenant-Governor, of a Minister or of any other person contemplated in the first paragraph of section 124.1 of the Act respecting the National Assembly (chapter A-23.1) or as a member of the staff of a Member ceases to be subject to this Act, except sections 30, 129 and 130 and is governed by sections 11.5 and 11.6 of the Executive Power Act (chapter E-18) or by sections 124.1 and 124.2 of the Act respecting the National Assembly, as the case may be. 1983, c. 55, s. 28; 1984, c. 27, s. 66; 2021, c. 11, s. 6.
Section 28Verify source
§ 29Section 29Repeal

Source excerpt

Section 29 is repealed.

29. (Repealed). 1983, c. 55, s. 29; 1996, c. 35, s. 16; 2021, c. 11, s. 7.
Section 29Verify source
§ 30Section 30Provision

Source excerpt

A covered public servant who stops the listed activities regains the classification he would have had, and must give written notice to the deputy minister or chief executive officer within the timing and conditions set by the Conseil du trésor.

30. When a public servant contemplated in sections 26, 27 or 28 ceases to engage in the activities referred to in those sections, he regains the classification in the government department or body to which he belonged at the time of his departure and to which he would have been entitled had he remained in the class of positions to which he belonged before engaging in those activities. To that end, the public servant must notify in writing the deputy minister or the chief executive officer of the government department or body to which he belonged within the time and on the conditions determined by the Conseil du trésor. 1983, c. 55, s. 30; 1984, c. 27, s. 67; 1996, c. 35, s. 16; 2021, c. 11, s. 8.
Section 30Verify source
§ 30.1Section 30.1Repeal

Source excerpt

30.1. (Repealed). 1986, c. 70, s. 1; 1996, c. 35, s. 16; 2021, c. 11, s. 9.

30.1. (Repealed). 1986, c. 70, s. 1; 1996, c. 35, s. 16; 2021, c. 11, s. 9.
Section 30.1Verify source
§ 31Section 31Repeal

Source excerpt

Section 31 is repealed.

31. (Repealed). 1983, c. 55, s. 31; 1986, c. 70, s. 2; 1996, c. 35, s. 1; 2021, c. 11, s. 9.
Section 31Verify source
§ 32Section 32Provision

Source excerpt

If a public servant is sued for an act done or omitted in performing duties, the Attorney General must defend them unless the public servant is charged with gross fault.

32. Where a public servant is sued by a third person for an act he has done or failed to do in the performance of his duties, the Attorney General shall take up his defense unless he is charged with a gross fault. 1983, c. 55, s. 32.
Section 32Verify source
§ 33Section 33Provision

Source excerpt

Some public servants may appeal certain employment decisions to the Commission de la fonction publique, but the appeal must be in writing and received within 30 days.

33. A public servant who is not governed by a collective agreement may appeal to the Commission de la fonction publique from a decision informing him of (1) his classification following his appointment to a new or changed class of positions; (2) his demotion; (3) his dismissal; (4) disciplinary action; (5) his being provisionally relieved of his duties. An appeal under this section must be made in writing and received by the Commission within 30 days of the date the contested decision was sent. This section, except subparagraph 1 of the first paragraph, does not apply to a public servant undergoing a probationary period under section 13. It also does not apply to an administrator of state who is undergoing a probationary period in accordance with section 58.1. 1983, c. 55, s. 33; 2021, c. 11, s. 10; 2026, c. 5, s. 273.
Section 33Verify source
§ 34Section 34Substitution

Source excerpt

The Commission de la fonction publique may uphold, amend, or quash decisions appealed under section 33.

34. The Commission de la fonction publique may uphold, amend or quash any decision appealed from under section 33. Where the Commission amends a decision under the first paragraph, it may substitute therefor any decision it considers just and reasonable, having regard to all the circumstances of the case. Where the Commission upholds the demotion of a public servant or reduces a dismissal to a demotion, it may order that the appellant be demoted to a class of positions determined by the chairman of the Conseil du trésor, having regard to his qualifications. 1983, c. 55, s. 34; 1996, c. 35, s. 16.
Section 34Verify source
§ 35Section 35Repeal

Source excerpt

Section 35 is repealed.

35. (Repealed). 1983, c. 55, s. 35; 1996, c. 35, s. 2; 2000, c. 8, s. 126; 2013, c. 25, s. 1; 2021, c. 11, s. 11.
Section 35Verify source
§ 36Section 36Repeal

Source excerpt

Section 36 is repealed.

36. (Repealed). 1983, c. 55, s. 36; 2000, c. 8, s. 127; 2013, c. 25, s. 2; 2021, c. 11, s. 11.
Section 36Verify source
§ 37Section 37Provision

Source excerpt

A deputy minister is responsible for managing the department’s human resources, subject to the minister’s direction.

37. A deputy minister is responsible, subject to the direction of his minister, for the management of the human resources of the department. 1983, c. 55, s. 37.
Section 37Verify source
§ 38Section 38Provision

Source excerpt

The chief executive officer of an agency appointed under this Act is responsible for managing the agency’s human resources.

38. The chief executive officer of an agency to which the staff is appointed under this Act is responsible for the management of the human resources of the agency. The chief executive officer is the person identified as such by law or, failing that, the person holding the highest authority in the agency. 1983, c. 55, s. 38.
Section 38Verify source
§ 39Section 39Provision

Source excerpt

Deputy ministers and chief executive officers must manage the human resources under their authority in line with Conseil du trésor policies.

39. Deputy ministers and chief executive officers shall manage the human resources under their authority in conformity with the policies of the Conseil du trésor in that regard. The management of human resources includes, in particular, the planning, organization, supervision, development and evaluation of such resources. 1983, c. 55, s. 39; 2000, c. 8, s. 128.
Section 39Verify source
§ 40Section 40Provision

Source excerpt

Deputy ministers and chief executive officers must favour delegation when exercising their responsibilities.

40. Deputy ministers and chief executive officers shall, in exercising their responsibilities, favour delegation. 1983, c. 55, s. 40; 2007, c. 3, s. 56.
Section 40Verify source
§ 41Section 41Provision

Source excerpt

A deputy minister or chief executive officer may delegate, in writing and within stated limits, the functions and powers conferred by the Act to certain persons in or outside the department or body.

41. A deputy minister or a chief executive officer may, in writing and to the extent he indicates, delegate the functions and powers conferred on him by this Act to a public servant, the holder of a position or any other person within his department or body or another department or body. He may, in the instrument of delegation, authorize the subdelegation of the functions and powers he indicates and, in that case, shall specify the public servant, the holder of the position or the person to whom they may be subdelegated. 1983, c. 55, s. 41; 2007, c. 3, s. 56.
Section 41Verify source
§ 42Section 42Provision

Source excerpt

Public servants are recruited and promoted through selection processes.

42. Public servants are recruited and promoted by means of selection processes. 1983, c. 55, s. 42; 1996, c. 35, s. 3; 2000, c. 8, s. 129; 2013, c. 25, s. 3; 2021, c. 11, s. 12.
Section 42Verify source
§ 43Section 43Provision

Source excerpt

Deputy ministers and chief executive officers must establish and implement selection processes for recruiting and promoting public servants in their department or body.

43. Each deputy minister and chief executive officer shall establish and implement selection processes for recruiting and promoting public servants within his government department or body. However, in cases determined by the Conseil du trésor, the deputy minister or the chief executive officer must obtain permission from the Chair of the Conseil du trésor before initiating a selection process. The Conseil du trésor may determine that, under certain circumstances, the Chair of the Conseil du trésor must establish and implement such selection processes for several government departments and bodies, while allowing the departments and bodies to select a candidate from among the candidates who participated in the process. Without limiting the powers conferred on the Commission de la fonction publique under section 115, the Chair of the Conseil du trésor may conduct an audit to verify whether the deputy ministers and chief executive officers establish and implement the selection processes in compliance with this Act. For that purpose, the Chair of the Conseil du trésor may designate a person in writing to conduct the audit. 1983, c. 55, s. 43; 1996, c. 35, s. 4; 2013, c. 25, s. 4; 2021, c. 11, s. 12.
Section 43Verify source
§ 44Section 44Provision

Source excerpt

Before filling a position by recruitment or promotion, a deputy minister or chief executive officer must publish an employment offer.

44. Before filling one or more positions through recruitment or promotion, a deputy minister or a chief executive officer shall publish an employment offer inviting interested persons to apply. The employment offer must be published for at least ten working days on the public service portal provided for that purpose and accessible via Internet. The Conseil du trésor may determine the classes of positions for which an employment offer may be published for a shorter period of at least five working days, when labour market conditions and labour availability require it. An employment offer must include the profile sought for the position to be filled, the location where the position will be held, the salary scale, the length of the publication period, the deadline for applying and any other element determined by the Conseil du trésor. 1983, c. 55, s. 44; 1996, c. 35, s. 16; 2000, c. 8, s. 130; 2013, c. 25, s. 5; 2021, c. 11, s. 12.
Section 44Verify source
§ 45Section 45Provision

Source excerpt

The deputy minister or the chief executive officer must determine the profile for each person sought for a position, and that profile must be included in the published employment offer.

45. The deputy minister or the chief executive officer shall determine the profile of the person sought for each position to be filled, and the profile must appear in the published employment offer. The profile must ensure the best fit with the position to be filled. 1983, c. 55, s. 45; 2021, c. 11, s. 12.
Section 45Verify source
§ 46Section 46Provision

Source excerpt

A position profile must follow the Conseil du trésor’s directives and support government policies; it may add extra requirements or assets if they fit the job, and promotion profiles may exceptionally limit applicants to public servants from a specific entity or area.

46. The profile of the person sought for a position to be filled must be consistent with the Conseil du trésor’s directives, including those providing for minimum conditions of eligibility, or their equivalencies, for classes of positions, grades or a position, and allow the implementation of government policies regarding, in particular, (1) affirmative action programs intended, in particular, for women, members of visible minorities, members of ethnic minorities, handicapped persons and Aboriginal peoples; and (2) recruitment, whether from educational institutions or from all or any category of the persons employed in the education and health and social services sectors. In addition, the profile may, in particular, include additional requirements to the minimum conditions of eligibility, or their equivalencies, for classes of positions, grades or a position as well as for assets. Those additional requirements and assets must take into account the nature and particularities of the position to be filled. The profile of the person sought for a position to be filled through promotion may, exceptionally, require that only public servants belonging to a specific entity or geographical area may apply for the position to be filled. The Conseil du trésor shall define what constitutes an entity and a geographical area and determine the factors that a deputy minister or a chief executive officer must consider before adding such a requirement. 1983, c. 55, s. 46; 1996, c. 35, s. 16; 2013, c. 25, s. 6; 2021, c. 11, s. 12.
Section 46Verify source
§ 47Section 47Provision

Source excerpt

A person interested in a public service position must apply in the manner, form, and other terms set out in the published employment offer.

47. A person interested in a position to be filled in the public service must apply in the manner and form and according to the other terms specified in the published employment offer. 1983, c. 55, s. 47; 1996, c. 35, s. 5; 2000, c. 8, s. 131; 2013, c. 25, s. 7; 2021, c. 11, s. 12.
Section 47Verify source
§ 47.1Section 47.1Provision

Source excerpt

Section 47.1 is marked as replaced.

47.1. (Replaced). 2013, c. 25, s. 8; 2021, c. 11, s. 12.
Section 47.1Verify source
§ 48Section 48Provision

Source excerpt

A deputy minister or chief executive officer may only consider applications submitted under section 47 when filling a position.

48. To fill a position, a deputy minister or a chief executive officer may only consider the applications submitted in accordance with section 47. 1983, c. 55, s. 48; 2000, c. 8, s. 132; 2013, c. 25, s. 9; 2021, c. 11, s. 12.
Section 48Verify source
§ 49Section 49Provision

Source excerpt

An HR administrative unit must preselect applications submitted under section 47, and applications must match the employment offer profile; if the unit thinks it advisable, the candidate must also have been evaluated using listed evaluation tools.

49. An administrative unit entrusted with human resources management shall preselect applications from among those submitted in accordance with section 47. The applications are submitted to the deputy minister or the chief executive officer. In order to be preselected, an application must comply with the profile included in the employment offer and, if the administrative unit considers it advisable, the candidate must have been evaluated with one or more evaluation tools from among those included in the categories provided for in section 50.1. In the absence of such a unit or if a position is to be filled within the unit, the deputy minister or the chief executive officer shall mandate another unit to assume the responsibilities provided for in the first paragraph. 1983, c. 55, s. 49; 1996, c. 35, s. 16; 2021, c. 11, s. 12.
Section 49Verify source
§ 49.1Section 49.1Repeal

Source excerpt

Section 49.1 is repealed.

49.1. (Repealed). 2000, c. 8, s. 133; 2013, c. 25, s. 10.
Section 49.1Verify source
§ 49.2Section 49.2Provision

Source excerpt

Section 49.2 is marked as replaced.

49.2. (Replaced). 2013, c. 25, s. 11; 2021, c. 11, s. 12.
Section 49.2Verify source
§ 50Section 50Provision

Source excerpt

A deputy minister or chief executive officer must choose the best-fit candidate using recognized good practices, on a merit basis and without political influence.

50. A deputy minister or a chief executive officer shall, on the basis of recognized good practices in the matter, select from among the applications submitted to him the candidate whose profile best fits the profile sought for the position to be filled. The selection of the candidate must be based on merit and independently of any political influence. If, among the qualified persons, there is one to whom an affirmative action program or a program designed to ensure the hiring of handicapped persons applies, the deputy minister or the chief executive officer must take the objectives of the program into consideration. The hiring objectives determined by the Conseil du trésor as regards the various components of Québec society must also be taken into consideration. 1983, c. 55, s. 50; 1996, c. 35, s. 6; 1999, c. 58, s. 1; 2000, c. 8, s. 134; 2013, c. 25, s. 40; 2013, c. 25, s. 12; 2021, c. 11, s. 12.
Section 50Verify source
§ 50.0.1Section 50.0.1Provision

Source excerpt

This section is marked “Replaced.”

50.0.1. (Replaced). 2013, c. 25, s. 13; 2021, c. 11, s. 12.
Section 50.0.1Verify source
§ 50.1Section 50.1Provision

Source excerpt

A selected candidate must be evaluated with at least two evaluation tools from categories set by the Conseil du trésor, unless the Conseil du trésor decides that one tool is enough for certain classes of positions.

50.1. The selected candidate must have been evaluated with at least two evaluation tools included in the categories established by the Conseil du trésor, such as a work sample, an aptitude test, an achievement test, a cognitive ability test, a psychometric test, an oral examination or any other tool based on recognized good practices in the matter. The Conseil du trésor may, however, determine the classes of positions for which only one evaluation tool is sufficient and determine any other terms or conditions related to the evaluation of a candidate, such as the mandatory use of categories of specific evaluation tools for certain classes of positions. 1996, c. 35, s. 7; 1999, c. 58, s. 2; 2000, c. 8, s. 135; 2013, c. 25, s. 14; 2021, c. 11, s. 12.
Section 50.1Verify source
§ 50.2Section 50.2Provision

Source excerpt

Before appointment, the director of the administrative unit referred to in section 49 must confirm in writing to the deputy minister or chief executive officer that the selection process complied with the law.

50.2. Before a selected candidate is appointed by the deputy minister or the chief executive officer in accordance with section 51, the director of the administrative unit referred to in section 49 must confirm in writing to the deputy minister or the chief executive officer that the selection process has been conducted in accordance with the law. 2021, c. 11, s. 12.
Section 50.2Verify source
§ 50.3Section 50.3Provision

Source excerpt

A result from a qualifying examination can be treated as the result of an earlier identical or equivalent examination if no more than one year has passed between them.

50.3. The result of an examination administered during any selection process provided for in the Act or during a qualification assessment is deemed to be the result obtained during an identical or equivalent examination administered previously during any of those situations if the time period between the administration of those examinations does not exceed one year. The Chair of the Conseil du trésor shall establish a list of the examinations that are considered identical or equivalent. A public body may communicate to the deputy minister or the chief executive officer any information that is necessary for the purposes of the first paragraph. 2021, c. 11, s. 12.
Section 50.3Verify source
§ 50.4Section 50.4Provision

Source excerpt

The Chair of the Conseil du trésor may provide consulting services on evaluation tools and may develop, administer, correct, and transmit examination results in selection processes.

50.4. The Chair of the Conseil du trésor may provide to deputy ministers or chief executive officers consulting services regarding evaluation tools. The Chair may also develop examinations that may be administered during a selection process. In addition, at the request of the deputy minister or the chief executive officer, the Chair may administer such examinations and correct them. The Chair then transmits to the deputy minister or the chief executive officer the examination results the candidates obtained. 2021, c. 11, s. 12.
Section 50.4Verify source
§ 50.5Section 50.5Provision

Source excerpt

A deputy minister or chief executive officer may select certain people for a public service position outside the usual rules in specified situations, and the Conseil du trésor must set the selection rules.

50.5. A deputy minister or a chief executive officer may select a person who holds or has already held a position in the public service otherwise than in accordance with the rules under this subdivision in any of the following situations: (1) the position of a public servant is upgraded; (2) a public servant has participated in a human resources development program approved by the Conseil du trésor; (3) a person has been employed as a student or intern; (4) a person has retired from the public service; (5) to recruit a casual employee as a regular employee; or (6) any other situation determined by the Conseil du trésor. The Conseil du trésor shall determine the rules pursuant to which such a selection is to be made to ensure that the person fits the profile required to fill the position. 2021, c. 11, s. 12.
Section 50.5Verify source
§ 50.6Section 50.6Interpretation

Source excerpt

The deputy minister or chief executive officer may refill certain positions without repeating the selection process if the refill occurs within a time period set by the Conseil du trésor that does not exceed six months.

50.6. When a position needs to be filled again within a time period determined by the Conseil du trésor that does not exceed six months, the deputy minister or the chief executive officer may fill the position again without repeating the selection process by selecting a candidate from among those who were previously evaluated. A deputy minister or a chief executive officer may do the same when a position similar to a position that has been filled is to be filled in the same government department or body within a time period determined by the Conseil du trésor that does not exceed six months. The Conseil du trésor may determine the other terms and conditions related to the selection provided for in the first and second paragraphs, such as the definition of a similar position. 2021, c. 11, s. 12.
Section 50.6Verify source
§ 51Section 51Provision

Source excerpt

A public servant enters office or changes position through appointment by the deputy minister or the chief executive officer responsible for the position.

51. A public servant comes into office, or changes position, by appointment by the deputy minister or the chief executive officer responsible for the position to be filled. 1983, c. 55, s. 51.
Section 51Verify source
§ 52Section 52Provision

Source excerpt

If a public servant’s appointment changes department or agency, prior agreement from the responsible deputy minister or chief executive officer is required; this does not apply to promotions.

52. Where the appointment of a public servant involves a change of department or agency, the prior agreement of the deputy minister or chief executive officer to whom he is responsible is required. This requirement does not apply in the case of a promotion. 1983, c. 55, s. 52.
Section 52Verify source
§ 53Section 53Repeal

Source excerpt

Section 53 is repealed.

53. (Repealed). 1983, c. 55, s. 53; 1999, c. 58, s. 3; 2013, c. 25, s. 15; 2021, c. 11, s. 14.
Section 53Verify source
§ 53.0.1Section 53.0.1Repeal

Source excerpt

Section 53.0.1 is repealed.

53.0.1. (Repealed). 2000, c. 8, s. 136; 2013, c. 25, s. 16; 2021, c. 11, s. 14.
Section 53.0.1Verify source
§ 53.1Section 53.1Provision

Source excerpt

A department or body’s annual report must include a special heading with results on affirmative action, hiring handicapped persons, and hiring objectives for the various components of Québec society.

53.1. The annual report of a department or body must include, under a special heading, an account of the results achieved in relation to the objectives of any affirmative action program or program designed to ensure the hiring of handicapped persons applicable to the department or body and in relation to the hiring objectives as regards the various components of Québec society. 1999, c. 58, s. 4.
Section 53.1Verify source
§ 53.2Section 53.2Repeal

Source excerpt

Section 53.2 is repealed.

53.2. (Repealed). 2013, c. 25, s. 17; 2021, c. 11, s. 14.
Section 53.2Verify source
§ 54Section 54Provision

Source excerpt

The deputy minister or chief executive officer must classify a public servant when the person comes into office, changes class or grade, or is placed in a new or changed class of positions.

54. When a public servant comes into office or changes class of positions or grade, the deputy minister or the chief executive officer shall assign a classification to him in accordance with the standards determined by the Conseil du trésor under section 54.1. When placing a public servant in a new or changed class of positions, the deputy minister or the chief executive officer shall assign a classification to him in accordance with the conditions and modalities fixed by the Conseil du trésor under paragraph 1 of section 34 of the Public Administration Act (chapter A-6.01). 1983, c. 55, s. 54; 2000, c. 8, s. 137; 2013, c. 25, s. 18; 2021, c. 11, s. 15.
Section 54Verify source
§ 54.1Section 54.1Provision

Source excerpt

The Conseil du trésor must make regulations setting standards for classifying public servants.

54.1. The Conseil du trésor shall determine by regulation the standards for the classification of public servants. 2021, c. 11, s. 16.
Section 54.1Verify source
§ 55Section 55Repeal

Source excerpt

A public servant becomes classified as an administrator of state when appointed to one of the listed senior positions.

55. A public servant acquires the classification of administrator of state on his appointment to any of the following positions: (1) Secretary-General, Associate Secretary-General or Deputy Secretary of the Conseil exécutif; (2) Secretary, Deputy Secretary or Associate Secretary of the Conseil du trésor; (3) deputy minister or assistant or associate deputy minister; (4) (paragraph repealed). 1983, c. 55, s. 55; 1992, c. 24, s. 5; 1996, c. 35, s. 8.
Section 55Verify source
§ 55.1Section 55.1Provision

Source excerpt

An administrator of state must contribute to the State’s mission and property administration, without partisan political considerations, and with accountability, prudence, diligence, efficiency, and fairness.

55.1. An administrator of state contributes to the accomplishment of the State’s mission and to the proper administration of its property. The administrator’s contribution must be made regardless of any partisan political considerations, with full accountability and with prudence, diligence, efficiency and fairness. 2026, c. 5, s. 274.
Section 55.1Verify source
§ 56Section 56Provision

Source excerpt

The Government appoints an administrator of state to a position on a motion of the Prime Minister, and it determines a public servant’s classification within that group.

56. The Government appoints an administrator of state to a position on a motion of the Prime Minister. The Government determines the classification of a public servant within the group of administrators of state. 1983, c. 55, s. 56.
Section 56Verify source
§ 57Section 57Provision

Source excerpt

If the Government contracts with a person to hold an office listed in section 55, that person is not classified as an administrator of state or a public servant, but Chapter VII applies as if the person were a public servant.

57. Where the Government engages a person by contract to hold any office listed in section 55, the person does not have the classification of administrator of state and is not a public servant, but Chapter VII applies to him as if he were a public servant. 1983, c. 55, s. 57.
Section 57Verify source
§ 58Section 58Provision

Source excerpt

If a person holding an office listed in section 55 is absent or unable to act, the minister or deputy minister may designate someone to replace that person temporarily.

58. In the case of the absence or inability to act of a person holding any office listed in section 55, the minister or the deputy minister may designate a person to replace him during the interim. 1983, c. 55, s. 58; 1999, c. 40, s. 135.
Section 58Verify source
§ 58.1Section 58.1Provision

Source excerpt

A person who becomes an administrator of state must complete a two-year probationary period.

58.1. A person who acquires the classification of administrator of state must undergo a probationary period of two years. The probationary period is calculated in days actually worked. The Government may determine any other terms or conditions relating to the period. 2026, c. 5, s. 275.
Section 58.1Verify source
§ 58.2Section 58.2Provision

Source excerpt

During the probationary period, the Government may dismiss a qualifying administrator of state on the Prime Minister’s recommendation, with 15 days’ prior written notice and no other procedure or formality.

58.2. During the probationary period, the Government may, on the recommendation of the Prime Minister, dismiss an administrator of state who was not a public servant with permanent tenure at the time he was appointed administrator of state without other procedure or formality than fifteen days’ prior notice in writing. 2026, c. 5, s. 275.
Section 58.2Verify source
§ 59Section 59Provision

Source excerpt

The Government may reclassify an administrator of state on the Prime Minister’s recommendation, and the Government sets that person’s salary.

59. The Government, on the recommendation of the Prime Minister, may assign a classification in another group of positions to an administrator of state. The Government decides the salary the administrator of state is entitled to, which may be a salary included in the salary scale for the class of positions to which the administrator of state is assigned or a higher salary. A decision made under this section may not be contested before the Administrative Labour Tribunal. 1983, c. 55, s. 59; 2026, c. 5, s. 276.
Section 59Verify source
§ 60Section 60Provision

Source excerpt

The Government must determine the classification and set the pay, benefits, and other working conditions of administrators of state.

60. The Government shall determine the classification and fix the remuneration, social benefits and other conditions of employment of the administrators of state. 1983, c. 55, s. 60.
Section 60Verify source
§ 61Section 61Provision

Source excerpt

An administrator of state may be subjected to disciplinary action by the minister or deputy minister responsible for that person.

61. Disciplinary action is imposed on an administrator of state by the minister or deputy minister, as the case may be, to whom he is responsible. 1983, c. 55, s. 61.
Section 61Verify source
§ 62Section 62Provision

Source excerpt

The Government may dismiss an administrator of state on the Prime Minister’s recommendation for just and sufficient cause.

62. The Government, on the recommendation of the Prime Minister, may dismiss an administrator of state for just and sufficient cause in particular if the administrator of state is incompetent or unable to perform his duties. 1983, c. 55, s. 62; 2026, c. 5, s. 277.
Section 62Verify source
§ 63Section 63Provision

Source excerpt

Other chapters apply to administrators of state, except for specified sections and only when consistent with this chapter.

63. The provisions of the other chapters, except sections 13 to 15, 17 to 20, 23 to 27, 42 to 54.1 and 127, apply to the administrators of state, to the extent that they are consistent with this chapter. 1983, c. 55, s. 63; 2000, c. 8, s. 138; 2021, c. 11, s. 17.
Section 63Verify source
§ 64Section 64Provision

Source excerpt

The Syndicat de la fonction publique du Québec inc. is recognized as the representative of public servants who are employees under the Labour Code, except for listed excluded groups.

64. The Syndicat de la fonction publique du Québec inc. is recognized as the representative of all public servants who are employees within the meaning of the Labour Code (chapter C-27), except (1) employees who are teachers; (2) employees who are members of the professional orders of advocates, notaries, physicians, dentists, pharmacists, optometrists, veterinary surgeons, agronomists, architects, engineers, land-surveyors, forest engineers, chemists or chartered professional accountants, and persons admitted to the study of these professions; (3) employees who are university graduates, economists, geographers, geologists, biologists, town-planners, accountants, auditors, psychologists, social workers, guidance counsellors and other professionals; (4) employees who are peace officers belonging to any of the following groups: (a) wildlife protection officers; (b) fisheries officers; (c) constables at the Youth Division of the Court of Québec; (d) security officers; (e) transportation officers; (f) instructors, guards and nursing attendants in correctional facilities; (g) any other group performing duties of a peace officer. 1983, c. 55, s. 64; 1988, c. 21, s. 93; 1993, c. 74, s. 2; 1994, c. 40, s. 457; 2000, c. 48, s. 36; 2002, c. 24, s. 209; 2012, c. 11, s. 33.
Section 64Verify source
§ 65Section 65Provision

Source excerpt

Section 64 has the same effect as a certification for two employee groups: public servants other than workmen, and workmen.

65. Section 64 has the same effect as a certification granted by the Administrative Labour Tribunal for two separate employee groups, namely: (1) public servants other than workmen; (2) workmen. The Administrative Labour Tribunal decides all disputes respecting the effective exclusion or inclusion of a public servant or a class of public servants from or in either of such groups, and has the power to cancel the certification and grant another upon the conditions prescribed by the Labour Code. 1983, c. 55, s. 65; 2001, c. 26, s. 123; 2015, c. 15, s. 237.
Section 65Verify source
§ 66Section 66Provision

Source excerpt

The Government may certify an employees’ association to represent specified groups, but only on recommendation of a joint committee. The Administrative Labour Tribunal decides disputes about inclusion or exclusion of a public servant in the covered groups and may cancel and replace the certification under the Labour Code.

66. The Government may grant certification to any association of employees to represent each of the groups contemplated in paragraphs 1, 3 and 4 of section 64 and the members of each of the professions contemplated in paragraph 2 of the same section together with the persons admitted to the study of such profession. Certification under this section is granted only upon the recommendation of a joint committee constituted for such purpose by the Government, one-half of the members of which are representatives of the group concerned. Certification under this section has the same effect as certification granted by the Administrative Labour Tribunal. The Administrative Labour Tribunal decides all disputes respecting the effective exclusion or inclusion of a public servant from or in any of the groups referred to in the first paragraph and may cancel the certification and grant another upon the conditions prescribed by the Labour Code. 1983, c. 55, s. 66; 2001, c. 26, s. 124; 2015, c. 15, s. 237.
Section 66Verify source
§ 67Section 67Provision

Source excerpt

Certification for multi-group representation may be granted with the required employee consent.

67. With the consent of the majority of the employees who are members or admitted to the study of a profession contemplated in paragraph 2 of section 64, certification may be granted to an association representing more than one of such groups and, with the consent of the absolute majority of the group contemplated in paragraph 3 of the same section, certification may be granted to such an association for such group together with the others which it represents. With the consent of the majority of the employees who are members of a group contemplated in paragraph 4 of section 64, certification may be granted to an association to represent more than one of such groups. Notwithstanding the time limit provided in section 111.3 of the Labour Code (chapter C-27), certification to represent more than one group, in accordance with the second paragraph, may be applied for to the Administrative Labour Tribunal within 15 days of the decision rendered by the Tribunal pursuant to section 66. 1983, c. 55, s. 67; 2001, c. 26, s. 125; 2015, c. 15, s. 237.
Section 67Verify source
§ 68Section 68Provision

Source excerpt

Employee associations covered by this Act have a right to affiliate, with a special restriction for associations covered by section 64(4).

68. Every association of employees contemplated in this Act has the right to affiliate, but an association of employees contemplated in paragraph 4 of section 64 shall only affiliate with an association exclusively grouping employees performing duties of a peace officer, except the members of the Sûreté du Québec. 1983, c. 55, s. 68.
Section 68Verify source
§ 69Section 69Offence

Source excerpt

Some employee groups are forbidden to strike, and other groups may strike only if essential services and how they will be maintained are तयined by agreement or, failing that, by the Administrative Labour Tribunal.

69. All employee groups contemplated in paragraph 4 of section 64 and all employee groups of the general directorate responsible for civil protection within the Ministère de la Sécurité publique are forbidden to strike. All other groups are forbidden to strike unless the essential services and the manner of maintaining them are determined by prior agreement between the parties or, failing an agreement, by a decision of the Administrative Labour Tribunal. The Conseil du trésor shall transmit, without delay, a copy of any agreement made under the second paragraph to the Administrative Labour Tribunal. In the event of an offence under the first or second paragraph, the penal provisions in section 142 of the Labour Code (chapter C-27) shall apply. 1983, c. 55, s. 69; 2001, c. 26, s. 126; 2001, c. 76, s. 144; 2001, c. 76, s. 145; 2011, c. 16, s. 152; 2015, c. 15, s. 237.
Section 69Verify source
§ 70Section 70Interpretation

Source excerpt

Public servants are generally governed by their collective agreement, or otherwise by this Act and the Public Administration Act. Collective agreements cannot limit specified recruitment, promotion, classification, tenure, ethics, discipline, organization, or staffing powers.

70. Public servants are governed by the provisions of the collective agreement applicable to them, or if there are no such provisions in the collective agreement, by the provisions of this Act and the Public Administration Act (chapter A-6.01). However, no provision of a collective agreement may limit the powers of the Commission de la fonction publique, the powers of the Chair of the Conseil du trésor or the powers of a deputy minister or a chief executive officer relating to recruitment or promotion selection processes, selection or certification of selection. Moreover, no clause of any collective agreement may limit the powers of a deputy minister, a chief executive officer, the Government or the Conseil du trésor with regard to any of the following matters: (1) the appointment of candidates to the public service or the promotion of public servants; (2) the classification of positions, including the definition of conditions of eligibility and the determination of the level of positions relating to the classification; (3) the granting of permanent tenure and the determination of the duration of the probationary period for recruitment or on promotion; (4) the establishment of standards of ethics and discipline in the public service; (5) the establishment of organization plans and staffing procedures. A decree adopted under the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) or under another Act, or a document in lieu thereof or a collective agreement made with a view to such a decree does not apply to the conditions of employment of public servants. 1983, c. 55, s. 70; 1986, c. 89, s. 50; 1996, c. 35, s. 9; 2000, c. 8, s. 139; 2007, c. 3, s. 72; 2013, c. 25, s. 19; 2021, c. 11, s. 18.
Section 70Verify source
§ 71Section 71Provision

Source excerpt

A joint parity committee is created for each certified association covered by this section, and it must have a chairman and eight other members.

71. A joint parity committee is instituted for each certified association representing one or more groups of employees contemplated in paragraph 4 of section 64. Each committee shall consist of a chairman, who shall not have the right to vote, appointed by the Government after consultation with the association concerned, and eight other members of whom four shall be appointed by the Chair of the Conseil du trésor and four by each certified association. 1983, c. 55, s. 71; 2013, c. 25, s. 20.
Section 71Verify source
§ 72Section 72Provision

Source excerpt

The committee must conduct negotiations for making or renewing a collective agreement, with its members acting as representatives of the Conseil du trésor or the certified association.

72. The committee shall initiate and carry on negotiations in which its members shall take part as representatives of the Conseil du trésor or of the certified association with a view to the making or the renewal of a collective agreement. The committee shall perform any other duty the parties may agree to entrust to it. 1983, c. 55, s. 72.
Section 72Verify source
§ 73Section 73Provision

Source excerpt

The committee must meet when the chairman requests it.

73. The committee shall meet at the request of the chairman who shall convene it whenever requested by the Chair of the Conseil du trésor or by the certified association. 1983, c. 55, s. 73; 2013, c. 25, s. 21.
Section 73Verify source
§ 74Section 74Provision

Source excerpt

If the committee considers it expedient, it must submit its recommendations on making or renewing a collective agreement to the Government.

74. When it deems it expedient, the committee shall submit to the Government its recommendations concerning the making or the renewal of a collective agreement. 1983, c. 55, s. 74.
Section 74Verify source
§ 75Section 75Provision

Source excerpt

If the Government approves them, the committee’s recommendations submitted under section 74 have the effect of a collective agreement signed by the parties.

75. On being approved by the Government, the recommendations of the committee submitted pursuant to section 74 have the effect of a collective agreement signed by the parties. 1983, c. 55, s. 75.
Section 75Verify source
§ 76Section 76Provision

Source excerpt

The committee must negotiate a method for settling disputes.

76. The committee shall negotiate a method for the settlement of disputes. 1983, c. 55, s. 76.
Section 76Verify source
§ 77Section 77Repeal

Source excerpt

Section 77 is repealed.

77. (Repealed). 1983, c. 55, s. 77; 2000, c. 8, s. 140.
Section 77Verify source
§ 78Section 78Repeal

Source excerpt

Section 78 is repealed.

78. (Repealed). 1983, c. 55, s. 78; 2000, c. 8, s. 140.
Section 78Verify source
§ 79Section 79Repeal

Source excerpt

Section 79 is repealed.

79. (Repealed). 1983, c. 55, s. 79; 2000, c. 8, s. 140.
Section 79Verify source
§ 80Section 80Repeal

Source excerpt

Section 80 is repealed.

80. (Repealed). 1983, c. 55, s. 80; 2000, c. 8, s. 140.
Section 80Verify source
§ 81Section 81Repeal

Source excerpt

Section 81 is repealed.

81. (Repealed). 1983, c. 55, s. 81; 2000, c. 8, s. 140.
Section 81Verify source
§ 82Section 82Repeal

Source excerpt

Section 82 is repealed.

82. (Repealed). 1983, c. 55, s. 82; 2000, c. 8, s. 140.
Section 82Verify source
§ 83Section 83Provision

Source excerpt

The Conseil du trésor may, after consulting the Commission de la fonction publique, exempt a position or class of positions from provisions of the Act for urgency, public interest, or practical reasons, if the positions are of special nature.

83. For reasons of urgency or of public interest, or for practical reasons, the Conseil du trésor may, after consulting the Commission de la fonction publique, exempt any position or class of positions, owing to its special nature, from any provisions of this Act it may indicate. In no case may the Conseil du trésor exempt a position or class of positions from the application of sections 64 to 76. 1983, c. 55, s. 83.
Section 83Verify source
§ 84Section 84Provision

Source excerpt

If the Conseil du trésor exempts a position or class of positions under section 83, it must table a report within 30 days.

84. Where the Conseil du trésor exempts a position or class of positions from the provisions of this Act in accordance with section 83, it shall table a report within 30 days before the National Assembly if it is sitting, or before the President of the National Assembly if it is not sitting. The report shall contain the opinion of the Commission de la fonction publique and indicate the positions or classes of positions so exempted and the reasons for the measures. 1983, c. 55, s. 84.
Section 84Verify source
§ 85Section 85Provision

Source excerpt

The Conseil du trésor must determine pay, benefits, and other employment conditions for exempt positions, and set how those exempt positions are governed.

85. The Conseil du trésor shall determine the remuneration, social benefits and other conditions of employment of persons whose position or class of positions is exempt from the provisions of this Act and the manner in which a position or class of positions so exempted is governed. 1983, c. 55, s. 85.
Section 85Verify source
§ 86Section 86Provision

Source excerpt

The Conseil du trésor may, according to law, enter into agreements with governments or organizations to help carry out its functions under the Act.

86. The Conseil du trésor may, according to law, enter into an agreement with any government or organization in order to facilitate the carrying out of its functions under this Act. 1983, c. 55, s. 86.
Section 86Verify source
§ 87Section 87Repeal

Source excerpt

Section 87 is repealed.

87. (Repealed). 1983, c. 55, s. 87; 1996, c. 35, s. 11.
Section 87Verify source
§ 88Section 88Repeal

Source excerpt

88. (Repealed). 1983, c. 55, s. 88; 1996, c. 35, s. 11.

88. (Repealed). 1983, c. 55, s. 88; 1996, c. 35, s. 11.
Section 88Verify source
§ 89Section 89Repeal

Source excerpt

Section 89 is repealed.

89. (Repealed). 1983, c. 55, s. 89; 1996, c. 35, s. 11.
Section 89Verify source
§ 90Section 90Repeal

Source excerpt

Section 90 is repealed.

90. (Repealed). 1983, c. 55, s. 90; 1996, c. 35, s. 11.
Section 90Verify source
§ 91Section 91Repeal

Source excerpt

Section 91 is repealed.

91. (Repealed). 1983, c. 55, s. 91; 1996, c. 35, s. 11.
Section 91Verify source
§ 92Section 92Repeal

Source excerpt

Section 92 is repealed.

92. (Repealed). 1983, c. 55, s. 92; 1996, c. 35, s. 11.
Section 92Verify source
§ 93Section 93Repeal

Source excerpt

Section 93 is repealed.

93. (Repealed). 1983, c. 55, s. 93; 1996, c. 35, s. 11.
Section 93Verify source
§ 94Section 94Repeal

Source excerpt

Section 94 is repealed.

94. (Repealed). 1983, c. 55, s. 94; 1996, c. 35, s. 11.
Section 94Verify source
§ 95Section 95Repeal

Source excerpt

Section 95 is repealed.

95. (Repealed). 1983, c. 55, s. 95; 1996, c. 35, s. 11.
Section 95Verify source
§ 96Section 96Repeal

Source excerpt

Section 96 is repealed.

96. (Repealed). 1983, c. 55, s. 96; 1988, c. 41, s. 90; 1996, c. 35, s. 11.
Section 96Verify source
§ 97Section 97Repeal

Source excerpt

Section 97 is repealed.

97. (Repealed). 1983, c. 55, s. 97; 1996, c. 35, s. 11.
Section 97Verify source
§ 98Section 98Repeal

Source excerpt

Section 98 is repealed.

98. (Repealed). 1983, c. 55, s. 98; 1996, c. 35, s. 11.
Section 98Verify source
§ 99Section 99Repeal

Source excerpt

99. The functions of the chairman of the Conseil du trésor shall include (1) (paragraph repealed); (2) (paragraph repealed); (3) (paragraph repealed); (4) (paragraph repealed); (4.1) (paragraph repealed); (5) (paragraph repealed); (6)

99. The functions of the chairman of the Conseil du trésor shall include (1) (paragraph repealed); (2) (paragraph repealed); (3) (paragraph repealed); (4) (paragraph repealed); (4.1) (paragraph repealed); (5) (paragraph repealed); (6) giving an opinion on the classification he considers, after assessment, to be most appropriate to a person’s qualifications, in accordance with the provisions of this Act; (7) (paragraph repealed); (7.1) developing a multi-year human resources management strategy of not over five years for the public service, proposing it for approval by the Conseil du trésor, coordinating its implementation and reporting to the latter at mid-term and at the end of the term on the achievement of results; (7.2) proposing directions and policies in various areas of human resources management to the Conseil du trésor, including measures to ensure equal employment opportunity; (7.3) proposing to the Conseil du trésor changes to the human resources management framework, taking into account organizational and societal changes; (8) advising government departments and bodies, and the Government, on management and administrative organization, in particular to improve the quality of service to the public and the efficiency of the organization and staff of government departments and bodies; (9) carrying out research, studies and watch activities in human resource management, coordinating them with those carried out within government departments and bodies, and ensuring their diffusion; (10) advising and supporting government departments and bodies in implementing human resources management programs and activities; (11) instituting and maintaining career planning and development support measures for the managerial staff, in collaboration with government departments and bodies; (12) developing and maintaining an integrated data system for human resource management; (13) discharging any other duties assigned by the Government. 1983, c. 55, s. 99; 1996, c. 35, s. 12; 2013, c. 25, s. 22; 2021, c. 11, s. 19.
Section 99Verify source
§ 100Section 100Provision

Source excerpt

The chairman of the Conseil du trésor must place permanent public servants who have been placed on reserve, and retrain them where applicable.

100. The chairman of the Conseil du trésor shall place and, where applicable, retrain permanent public servants who have been placed on reserve or who exercise their right to reappointment according to law or to an agreement with the Government. 1983, c. 55, s. 100; 1996, c. 35, s. 16.
Section 100Verify source
§ 101Section 101Provision

Source excerpt

If the chairman of the Conseil du trésor cannot place a permanent public servant on reserve in a position matching their classification, the chairman may assign a new classification, but it cannot reduce the servant’s regular salary.

101. Where the chairman of the Conseil du trésor is unable to place a public servant having permanent tenure, who has been placed on reserve, in a position consistent with his classification, the chairman of the Conseil du trésor may assign a new classification to him in conformity with the conditions and modalities prescribed by the Conseil du trésor or provided in a collective agreement, after examining his qualifications. In no case may the new classification entail a decrease in the regular salary to which the public servant was entitled before being assigned that classification. 1983, c. 55, s. 101; 1996, c. 35, s. 16.
Section 101Verify source
§ 102Section 102Provision

Source excerpt

The chairman of the Conseil du trésor may delegate assigned functions in writing, may authorize subdelegation, may verify delegation or subdelegation, and may revoke the delegation at any time.

102. The chairman of the Conseil du trésor may, in writing and to the extent he indicates, delegate the exercise of the functions assigned to him under this Act to a deputy minister or chief executive officer, except the functions assigned to him under paragraph 6 of section 99 and sections 100 and 101. The instrument of delegation may authorize the deputy minister or the chief executive officer to subdelegate the functions he indicates, and, where he does so, he must identify the titles of the holders of positions or the public servants to whom the functions may be subdelegated. The chairman of the Conseil du trésor may verify or mandate a person or a body to verify the carrying out of the delegation or subdelegation, or revoke the delegation at any time. 1983, c. 55, s. 102; 1996, c. 35, s. 13; 2000, c. 8, s. 141; 2021, c. 11, s. 20.
Section 102Verify source
§ 103Section 103Repeal

Source excerpt

Section 103 is repealed.

103. (Repealed). 1983, c. 55, s. 103; 1996, c. 35, s. 14.
Section 103Verify source
§ 104Section 104Repeal

Source excerpt

Section 104 is repealed.

104. (Repealed). 1983, c. 55, s. 104; 1996, c. 35, s. 14.
Section 104Verify source
§ 105Section 105Provision

Source excerpt

The Commission de la fonction publique is established.

105. A Commission de la fonction publique is hereby established. 1983, c. 55, s. 105.
Section 105Verify source
§ 106Section 106Provision

Source excerpt

The Commission must have between three and five members, including a chairman who is its chief executive officer.

106. The Commission consists of not fewer than three nor over five members, including a chairman, who is its chief executive officer. On the motion of the Prime Minister, the National Assembly shall appoint the members by a resolution approved by not less than two-thirds of its members. The Government shall fix the remuneration, social benefits and other conditions of employment of the members of the Commission. Members of the Commission shall perform their duties on a full-time basis. 1983, c. 55, s. 106; 1984, c. 47, s. 203.
Section 106Verify source
§ 107Section 107Provision

Source excerpt

A member of the Commission cannot have a term of office longer than five years.

107. The term of office of any member of the Commission is not over five years. At the expiry of his term, a member remains in office until he is reappointed or replaced. 1983, c. 55, s. 107.
Section 107Verify source
§ 108Section 108Provision

Source excerpt

A Commission member may resign at any time by written notice to the President of the National Assembly, and dismissal is allowed only by an Assembly resolution approved by at least two-thirds of its members.

108. A member of the Commission may resign at any time by giving notice thereof in writing to the President of the National Assembly. He shall not be dismissed except by a resolution of the Assembly, approved by not less than two-thirds of its members. 1983, c. 55, s. 108.
Section 108Verify source
§ 108.1Section 108.1Provision

Source excerpt

The chair is responsible for managing and administering the Commission and has specified functions for guiding members, assigning work, ensuring ethical conduct, supporting professional development, and deciding when an appeal must be heard by more than one member.

108.1. In addition to the powers and duties otherwise conferred on the chair of the Commission, the chair is responsible for the management and administration of the Commission. The functions of the chair include (1) fostering the participation of the members in the formulation of general directions for the Commission so as to maintain a high level of quality and coherence in its decisions; (2) coordinating the activities of and assigning work to the members of the Commission, who, in that respect, must comply with the chair’s orders and directives; (3) seeing that standards of ethical conduct are observed; (4) promoting professional development of the members as regards the exercise of their functions; and (5) determining the cases where an appeal must be heard by more than one member. 2013, c. 25, s. 23.
Section 108.1Verify source
§ 109Section 109Provision

Source excerpt

If the chairman is absent, unable to act, or the office is vacant, the President of the National Assembly may appoint another Commission member to act temporarily as chairman, with the consent of the Prime Minister and the Leader of the Official Opposition in the Assembly.

109. Where the chairman of the Commission is absent or unable to act or where the office of chairman is vacant, the President of the National Assembly may, with the consent of the Prime Minister and of the Leader of the Official Opposition in the Assembly, appoint one of the other members of the Commission to act in place of the chairman in the interim. 1983, c. 55, s. 109; 1999, c. 40, s. 135.
Section 109Verify source
§ 110Section 110Provision

Source excerpt

The secretary and the other members of the Commission’s staff must be appointed under this Act.

110. The secretary and the other members of the staff of the Commission are appointed in accordance with this Act. 1983, c. 55, s. 110; 2000, c. 8, s. 242.
Section 110Verify source
§ 111Section 111Provision

Source excerpt

A Commission member must not have a direct or indirect conflict-of-interest stake in an undertaking, or risk forfeiture of office.

111. No member of the Commission may, under pain of forfeiture of office, have a direct or indirect interest in any undertaking that puts his personal interest in conflict with that of the Commission. Forfeiture is not incurred if the interest devolves to a member by succession or gift, provided that he renounces or disposes of it with all possible dispatch. 1983, c. 55, s. 111.
Section 111Verify source
§ 112Section 112Provision

Source excerpt

112. The minutes of a sitting, approved by the Commission and signed by the chairman or the secretary, are authentic. The same rule applies to a document or a copy emanating from the Commission or forming part of its records, if it is

112. The minutes of a sitting, approved by the Commission and signed by the chairman or the secretary, are authentic. The same rule applies to a document or a copy emanating from the Commission or forming part of its records, if it is certified by the chairman or the secretary. 1983, c. 55, s. 112.
Section 112Verify source
§ 113Section 113Provision

Source excerpt

The Commission and its members are protected from being sued for official acts done in good faith while exercising their functions.

113. Neither the Commission nor any of its members may be sued for any official act performed in good faith in the exercise of their functions. 1983, c. 55, s. 113.
Section 113Verify source
§ 114Section 114Provision

Source excerpt

Except on a matter of competence, judicial review applications and injunctions cannot be used against the Commission or its members acting officially.

114. Except on a matter of competence, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised nor any injunction granted against the Commission or against any of its members acting in his official capacity. Two judges of the Court of Appeal, on an application, may summarily annul any decision, order or injunction granted contrary to the first paragraph. 1983, c. 55, s. 114; 2014, c. 1, s. 781; I.N. 2016-01-01 (NCCP).
Section 114Verify source
§ 115Section 115Provision

Source excerpt

The Commission must review fairness and compliance matters affecting public servants, report on certain dismissal or suspension questions after inquiry, and can be required to conduct a special audit and report the findings.

115. In addition to hearing the appeals brought by public servants under this Act, the Commission shall (1) ascertain the impartiality and fairness of the decisions made under this Act and under sections 30 to 36 of the Public Administration Act (chapter A-6.01), which affect public servants; (2) ascertain whether the recruitment and promotion of public servants is in compliance with the Act and the regulations thereunder; (3) report in writing to the Minister of Justice, after conducting an inquiry, on whether there is sufficient cause to dismiss or to suspend without remuneration the Director of Criminal and Penal Prosecutions or one of the Deputy Directors of Criminal and Penal Prosecutions as provided for in section 6 or 6.1 of the Act respecting the Director of Criminal and Penal Prosecutions (chapter D-9.1.1); (4) report in writing to the Minister of Public Security, after conducting an inquiry, on whether there is sufficient cause to dismiss or to suspend without remuneration the Anti-Corruption Commissioner or an Associate Commissioner as provided for in section 5.2.1, 5.2.2 or 8.2 of the Anti-Corruption Act (chapter L-6.1); (5) report in writing to the Minister of Public Security, after conducting an inquiry, on whether there is sufficient cause to dismiss or to suspend without remuneration the Director General of the Sûreté du Québec as provided for in section 56.5 or 56.5.1 of the Police Act (chapter P-13.1). For the purposes of the carrying out of the first paragraph, the Commission shall make any inquiry it deems necessary, formulate recommendations to the appropriate authorities or, where it deems it useful, make a report to the National Assembly. The Commission must also conduct a special audit on any matter within its jurisdiction when the Chair of the Conseil du trésor requests it. To do so, the Commission shall make any inquiry it deems necessary. It must then report its audit findings to the Chair of the Conseil du trésor. However, the audit may not take precedence over the Commission’s other functions and obligations. 1983, c. 55, s. 115; 2000, c. 8, s. 142; 2005, c. 34, s. 54; 2013, c. 25, s. 24; 2018, c. 1, s. 50; 2019, c. 6, s. 18; 2021, c. 32, s. 20; 2021, c. 11, s. 21.
Section 115Verify source
§ 115.1Section 115.1Provision

Source excerpt

The Commission must keep a records office to manage certain grievances for arbitration.

115.1. The Commission shall also keep a records office whose function is to manage, in accordance with the collective agreements binding the Government and the associations certified under Chapter IV, the grievances filed by unionized public servants that are set down for arbitration. 2013, c. 25, s. 25.
Section 115.1Verify source
§ 115.2Section 115.2Provision

Source excerpt

Most of Divisions II, III and V of Chapter II of the Public Administration Act and section 124 of this Act do not apply to the activities of the records office, except for management of the resources assigned to the records office.

115.2. Except in respect of the management of the resources assigned to the records office, Divisions II, III and V of Chapter II of the Public Administration Act (chapter A-6.01) and section 124 of this Act do not apply to the activities of the records office. 2013, c. 25, s. 25.
Section 115.2Verify source
§ 116Section 116Repeal

Source excerpt

The Commission must make regulations on proof and procedure and on its internal management, and it must publish each draft regulation in the Gazette officielle du Québec with a notice about possible adoption after 30 days.

116. The Commission shall, by regulation, (1) (subparagraph repealed); (2) determine the rules of proof and procedure; (3) provide for its internal management. The Commission shall publish every draft regulation in the Gazette officielle du Québec, with a notice that it may be adopted with or without amendment at the expiry of 30 days from that publication. Regulations of the Commission come into force fifteen days after publication in the Gazette officielle du Québec or on any later date fixed therein. 1983, c. 55, s. 116; 2013, c. 25, s. 26.
Section 116Verify source
§ 116.0.1Section 116.0.1Provision

Source excerpt

In matters alleging sexual violence or spousal violence, certain facts about the alleged victim are presumed irrelevant.

116.0.1. Despite any rule of evidence, where a matter contains allegations of sexual violence or spousal violence, the following facts are presumed to be irrelevant: (1) any fact relating to the reputation of the person who is the alleged victim of the violence; (2) any fact related to the sexual behaviour of that person, other than a fact pertaining to the proceeding, and that is invoked to attack the person’s credibility; (3) the fact that the person did not ask that the gestures, practices, verbal comments, behaviour or attitudes cease; (4) the fact that the person did not file a complaint or exercise a recourse regarding the violence; (5) any fact in connection with the delay in reporting the alleged violence, except to demonstrate the existence or absence of reasonable grounds for extending a time limit or for relieving a person or not from the consequences of failing to act within a time limit; and (6) the fact that the person maintained relations with the alleged perpetrator of the violence. Article 209 of the Code of Civil Procedure (chapter C-25.01) applies to any debate relating to the admissibility in evidence of any such fact. Such a debate is to be held in camera, despite section 23 of the Charter of human rights and freedoms (chapter C-12). 2024, c. 37, s. 19.
Section 116.0.1Verify source
§ 116.1Section 116.1Provision

Source excerpt

The Commission may offer mediation to the parties if circumstances permit.

116.1. The Commission may, if circumstances permit, offer mediation to the parties. Mediation sessions are presided over by a member, by a public servant of the Commission, or by any other person designated by the chair of the Commission. 2013, c. 25, s. 27.
Section 116.1Verify source
§ 116.2Section 116.2Provision

Source excerpt

Statements made or written during a mediation session are not admissible as evidence unless the parties consent.

116.2. Except with the consent of the parties, nothing that is said or written in the course of a mediation session may be admitted as evidence. 2013, c. 25, s. 27.
Section 116.2Verify source
§ 116.3Section 116.3Provision

Source excerpt

A member who has conducted a mediation session may not have a decision-making role in the dispute.

116.3. A member who has conducted a mediation session may not have a decision-making role in the dispute in question. 2013, c. 25, s. 27.
Section 116.3Verify source
§ 116.4Section 116.4Provision

Source excerpt

A mediator cannot be forced to disclose information learned in mediation or produce mediation documents, and no one has a right of access to documents in mediation records.

116.4. A mediator cannot be compelled to disclose anything revealed to or learned by the mediator in the exercise of mediation functions or to produce a document prepared or obtained in the course of such functions before a court, a body or a person or body of the administrative branch exercising adjudicative functions. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has a right of access to a document contained in mediation records. 2013, c. 25, s. 27.
Section 116.4Verify source
§ 116.5Section 116.5Provision

Source excerpt

The Commission may preside over mediation sessions before an arbitrator hearing for a grievance filed by a unionized public servant, if the parties agree on the terms and conditions.

116.5. The Commission may also, prior to a hearing before an arbitrator to settle a grievance filed by a unionized public servant, preside over mediation sessions between the parties concerned, subject to terms and conditions mutually agreed by the parties. Mediation sessions are conducted by a member or a public servant of the Commission, or by any other person designated by the chair of the Commission. Sections 116.2 to 116.4 apply to mediation sessions under this section. 2013, c. 25, s. 27.
Section 116.5Verify source
§ 117Section 117Provision

Source excerpt

The Commission, its members, and any person entrusted with an inquiry have the powers and immunity of commissioners under the cited public inquiry commissions Act, except the power to order imprisonment.

117. The Commission, its members and any person entrusted by it with making an inquiry have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. 1983, c. 55, s. 117.
Section 117Verify source
§ 118Section 118Provision

Source excerpt

A member of the Commission may be recused.

118. A member of the Commission may be recused; articles 201 to 205 of the Code of Civil Procedure (chapter C-25.01) apply to the recusation, with the necessary modifications 1983, c. 55, s. 118; I.N. 2016-01-01 (NCCP).
Section 118Verify source
§ 119Section 119Provision

Source excerpt

The Commission has broad powers to act within its jurisdiction, including making orders it considers proper to protect the parties’ rights and deciding questions of fact or law.

119. The Commission has all the necessary powers to exercise its jurisdiction; it may, in particular, make any order it considers proper to safeguard the rights of the parties, and decide any question of fact or of law. 1983, c. 55, s. 119.
Section 119Verify source
§ 120Section 120Provision

Source excerpt

The Commission may extend a time limit set by law if it considers that a public servant could not act sooner or appoint someone to act in his place within the prescribed time limit.

120. The Commission may extend any time limit fixed by law where it considers that a public servant was unable to act sooner or to appoint a person to act in his place within the prescribed time limit. 1983, c. 55, s. 120.
Section 120Verify source
§ 121Section 121Substitution

Source excerpt

121. The Commission may, to expedite business, appoint substitute members for a term of not over one year. With the chair’s permission, a member whose term has expired may continue the examination of a matter and make a

121. The Commission may, to expedite business, appoint substitute members for a term of not over one year. With the chair’s permission, a member whose term has expired may continue the examination of a matter and make a decision. Substitute members do not take part in the Commission’s activities under section 115. The Office of the National Assembly shall fix the fees, allowances or salaries of the substitute commissioners. Sections 111, 113, 114 and 117 to 120 apply to substitute commissioners. 1983, c. 55, s. 121; 2000, c. 8, s. 143; 2013, c. 25, s. 28.
Section 121Verify source
§ 122Section 122Substitution

Source excerpt

A substitute member appointed by the Commission de la fonction publique must be chosen from an annual list recommended by the Prime Minister and approved by a two-thirds resolution of the National Assembly.

122. Every substitute member appointed by the Commission de la fonction publique is chosen from a list drawn up annually, on the recommendation of the Prime Minister, by a resolution of the National Assembly approved by not less than two-thirds of its members. The list shall remain in force until replaced pursuant to the first paragraph. 1983, c. 55, s. 122; 2000, c. 8, s. 144; 2013, c. 25, s. 29.
Section 122Verify source
§ 123Section 123Provision

Source excerpt

The Commission’s decisions must be written and substantiated; on application, the Commission may review or revoke a decision in specified cases.

123. A decision of the Commission must be rendered in writing and be substantiated. It forms part of the records of the Commission. The Commission, on application, may review or revoke any decision it has made (1) where a new fact is discovered which, had it been known in time, could have warranted a different decision; (2) where a party, owing to reasons considered sufficient, could not be heard; or (3) where a substantive or procedural defect is of a nature likely to invalidate the decision. In the case described in subparagraph 3 of the second paragraph, the decision may not be reviewed or revoked by the member having made the decision. 1983, c. 55, s. 123; 2013, c. 25, s. 30.
Section 123Verify source
§ 123.0.1Section 123.0.1Provision

Source excerpt

A decision with a writing, calculation, or other clerical error may be corrected on the record without further formality by the member who made it, or by another member designated by the chair of the Commission if that member cannot act or has left office.

123.0.1. A decision containing an error in writing or calculation or any other clerical error may be corrected on the record and without further formality by the member who rendered the decision. If the member is unable to act or has ceased to hold office, another member designated by the chair of the Commission may correct the decision. 2021, c. 11, s. 22.
Section 123.0.1Verify source
§ 123.1Section 123.1Repeal

Source excerpt

Section 123.1 is repealed.

123.1. (Repealed). 2000, c. 8, s. 145; 2021, c. 11, s. 23.
Section 123.1Verify source
§ 124Section 124Provision

Source excerpt

The Commission must submit an annual activities report to the President of the National Assembly by 31 July.

124. Not later than 31 July each year, the Commission shall submit a report of its activities for the preceding fiscal year to the President of the National Assembly. The report shall be tabled before the National Assembly if it is in session or, if it is not sitting, it shall be tabled within 30 days after the opening of the next session or resumption. 1983, c. 55, s. 124.
Section 124Verify source
§ 125Section 125Provision

Source excerpt

The Auditor General audits the Commission’s books and accounts.

125. The books and accounts of the Commission are audited by the Auditor General. 1983, c. 55, s. 125; 2008, c. 23, s. 14.
Section 125Verify source
§ 126Section 126Repeal

Source excerpt

The Government may make regulations about ethics, discipline, disciplinary action, and provisional relief for public servants, on the advice of the Conseil du trésor.

126. The Government may, by regulation, on the advice of the Conseil du trésor, (1) specify the standards of ethics and discipline prescribed in this Act and add to them; (1.1) determine the standards applicable to public servants who cease to perform their duties; (2) define disciplinary action applicable to public servants and determine the conditions under which it may be taken; (3) determine on what conditions and according to what modalities a public servant may be provisionally relieved of his duties and the cases where the relief is with or without remuneration; (4) (paragraph repealed); (5) amend, replace or repeal a regulation made by the Minister of the Civil Service pursuant to the Civil Service Act (chapter F-3.1). 1983, c. 55, s. 126; 2013, c. 25, s. 31; 2021, c. 11, s. 24.
Section 126Verify source
§ 127Section 127Provision

Source excerpt

The Government must provide, by regulation, for appeals for certain public servants and must set the procedure rules; the Commission de la fonction publique hears and decides those appeals.

127. The Government, by regulation, shall make provision for an appeal in the matters it determines, for public servants who are not governed by a collective agreement and for whom no appeal is provided in those matters under this Act. The regulation shall also prescribe the rules of procedure to be followed. Appeals shall be heard and decided by the Commission de la fonction publique. Subparagraph 2 of the first paragraph of section 116, where it concerns rules of procedure, does not apply to such appeals. 1983, c. 55, s. 127; 2000, c. 8, s. 146.
Section 127Verify source
§ 128Section 128Amendment

Source excerpt

The Government must publish every draft regulation in the Gazette officielle du Québec, with notice that it may be adopted with or without amendment after 30 days. Government regulations come into force 15 days after publication, unless a later date is fixed in the regulation.

128. The Government shall publish the text of every draft regulation in the Gazette officielle du Québec with a notice that it may be adopted with or without amendment on the expiry of 30 days from that publication. Regulations of the Government come into force fifteen days after publication in the Gazette officielle du Québec or on any later date fixed therein. 1983, c. 55, s. 128.
Section 128Verify source
§ 129Section 129Offence

Source excerpt

A person who commits or incites a fraudulent act in a recruitment or promotion selection process commits an offence and can be fined.

129. Every person who commits a fraudulent act, or incites a person to commit a fraudulent act, in connection with a recruitment or promotion selection process is guilty of an offence and liable to a fine of $700 to $2,800. The application of a person found guilty of such an offence may not be considered for a position to be filled in the public service for a period of five years unless the person has obtained a pardon and, if a public servant, the person is also liable to disciplinary action. Proceedings for the offence described in the first paragraph are prescribed one year from the date on which the prosecutor becomes aware of the commission of the offence. 1983, c. 55, s. 129; 1986, c. 58, s. 38; 1990, c. 4, s. 426; 1991, c. 33, s. 40; 2013, c. 25, s. 41; 2013, c. 25, s. 32; 2021, c. 11, s. 25.
Section 129Verify source
§ 130Section 130Offence

Source excerpt

Using intimidation or threats to make a public servant do partisan work, or to punish refusal, is an offence punishable by a fine of $700 to $7,000.

130. Every person who uses intimidation or threats to induce a public servant to engage in partisan work or to punish him for refusing to do so is guilty of an offence and liable to a fine of $700 to $7,000. 1983, c. 55, s. 130; 1986, c. 58, s. 39; 1990, c. 4, s. 427; 1991, c. 33, s. 41.
Section 130Verify source
§ 131Section 131Repeal

Source excerpt

Section 131 is repealed.

131. (Repealed). 1983, c. 55, s. 131; 1990, c. 4, s. 428.
Section 131Verify source
§ 132Section 132Amendment

Source excerpt

This section notes that the amendment was integrated into another provision and gives a citation.

132. (Amendment integrated into c. A-2.1, s. 34). 1983, c. 55, s. 132.
Section 132Verify source
§ 133Section 133Amendment

Source excerpt

This section notes that an amendment was integrated into c. A-6, s. 20, and gives a citation to 1983, c. 55, s. 133.

133. (Amendment integrated into c. A-6, s. 20). 1983, c. 55, s. 133.
Section 133Verify source
§ 134Section 134Amendment

Source excerpt

This section states that an amendment is integrated into c. A-6, s. 22.

134. (Amendment integrated into c. A-6, s. 22). 1983, c. 55, s. 134.
Section 134Verify source
§ 135Section 135Amendment

Source excerpt

This section is an amendment note stating that the amendment has been integrated into c. A-6, sections 46.1 and 46.2.

135. (Amendment integrated into c. A-6, ss. 46.1, 46.2). 1983, c. 55, s. 135.
Section 135Verify source
§ 136Section 136Amendment

Source excerpt

This section states that an amendment was integrated into specified provisions and gives a citation to the 1983 enactment.

136. (Amendment integrated into c. A-23.1, Division III.1, ss. 124.1, 124.2). 1983, c. 55, s. 136.
Section 136Verify source
§ 137Section 137Amendment

Source excerpt

This section is an amendment note stating the text was integrated into c. A-23.1, s. 127.

137. (Amendment integrated into c. A-23.1, s. 127). 1983, c. 55, s. 137.
Section 137Verify source
§ 138Section 138Amendment

Source excerpt

This section states that the amendment is integrated into c. C-27, s. 1, and gives the citation "1983, c. 55, s. 138."

138. (Amendment integrated into c. C-27, s. 1). 1983, c. 55, s. 138.
Section 138Verify source
§ 139Section 139Amendment

Source excerpt

This section notes that an amendment has been integrated into c. C-64.1, s. 33.

139. (Amendment integrated into c. C-64.1, s. 33). 1983, c. 55, s. 139.
Section 139Verify source
§ 140Section 140Amendment

Source excerpt

140. (Amendment integrated into c. E-18, s. 4). 1983, c. 55, s. 140.

140. (Amendment integrated into c. E-18, s. 4). 1983, c. 55, s. 140.
Section 140Verify source
§ 141Section 141Amendment

Source excerpt

141. (Amendment integrated into c. E-18, s. 10). 1983, c. 55, s. 141.

141. (Amendment integrated into c. E-18, s. 10). 1983, c. 55, s. 141.
Section 141Verify source
§ 142Section 142Amendment

Source excerpt

142. (Amendment integrated into c. E-18, s. 10.1). 1983, c. 55, s. 142.

142. (Amendment integrated into c. E-18, s. 10.1). 1983, c. 55, s. 142.
Section 142Verify source
§ 143Section 143Amendment

Source excerpt

This section is an amendment note stating that the amendment was integrated into c. E-18, Division II.2, sections 11.5 and 11.6.

143. (Amendment integrated into c. E-18, Division II.2, ss. 11.5, 11.6). 1983, c. 55, s. 143.
Section 143Verify source
§ 144Section 144Amendment

Source excerpt

144. (Amendment integrated into c. F-2, s. 105). 1983, c. 55, s. 144.

144. (Amendment integrated into c. F-2, s. 105). 1983, c. 55, s. 144.
Section 144Verify source
§ 145Section 145Amendment

Source excerpt

This section notes an amendment integrated into c. M-31, s. 5, and gives a citation to 1983, c. 55, s. 145.

145. (Amendment integrated into c. M-31, s. 5). 1983, c. 55, s. 145.
Section 145Verify source
§ 146Section 146Amendment

Source excerpt

This section states that an amendment is integrated into c. M-34, s. 1, and gives the citation 1983, c. 55, s. 146.

146. (Amendment integrated into c. M-34, s. 1). 1983, c. 55, s. 146.
Section 146Verify source
§ 147Section 147Amendment

Source excerpt

This section only notes that an amendment was integrated into c. R-10, s. 2, and gives a citation to 1983, c. 55, s. 147.

147. (Amendment integrated into c. R-10, s. 2). 1983, c. 55, s. 147.
Section 147Verify source
§ 148Section 148Amendment

Source excerpt

148. (Amendment integrated into c. R-10, s. 4). 1983, c. 55, s. 148.

148. (Amendment integrated into c. R-10, s. 4). 1983, c. 55, s. 148.
Section 148Verify source
§ 149Section 149Amendment

Source excerpt

This section records that an amendment was integrated into c. R-11, s. 9.

149. (Amendment integrated into c. R-11, s. 9). 1983, c. 55, s. 149.
Section 149Verify source
§ 150Section 150Amendment

Source excerpt

This section notes that the amendment was integrated into c. R-12, s. 55.

150. (Amendment integrated into c. R-12, s. 55). 1983, c. 55, s. 150.
Section 150Verify source
§ 151Section 151Amendment

Source excerpt

151. (Amendment integrated into c. R-12, s. 63.6). 1983, c. 55, s. 151.

151. (Amendment integrated into c. R-12, s. 63.6). 1983, c. 55, s. 151.
Section 151Verify source
§ 152Section 152Amendment

Source excerpt

This section states that the amendment has been integrated into c. R-12, section 99.1, and gives a citation to 1983, chapter 55, section 152.

152. (Amendment integrated into c. R-12, s. 99.1). 1983, c. 55, s. 152.
Section 152Verify source
§ 153Section 153Repeal

Source excerpt

Section 153 is repealed.

153. (Repealed). 1983, c. 55, s. 153; 2013, c. 25, s. 33.
Section 153Verify source
§ 154Section 154Repeal

Source excerpt

Section 154 is repealed.

154. (Repealed). 1983, c. 55, s. 154; 2013, c. 25, s. 33.
Section 154Verify source
§ 155Section 155Repeal

Source excerpt

Section 155 is repealed.

155. (Repealed). 1983, c. 55, s. 155; 2013, c. 25, s. 33.
Section 155Verify source
§ 156Section 156Repeal

Source excerpt

Section 156 is repealed.

156. (Repealed). 1983, c. 55, s. 156; 2013, c. 25, s. 33.
Section 156Verify source
§ 157Section 157Repeal

Source excerpt

Section 157 is repealed.

157. (Repealed). 1983, c. 55, s. 157; 2013, c. 25, s. 33.
Section 157Verify source
§ 158Section 158Repeal

Source excerpt

Section 158 is repealed.

158. (Repealed). 1983, c. 55, s. 158; 2013, c. 25, s. 33.
Section 158Verify source
§ 159Section 159Repeal

Source excerpt

Section 159 is repealed.

159. (Repealed). 1983, c. 55, s. 159; 2013, c. 25, s. 33.
Section 159Verify source
§ 160Section 160Repeal

Source excerpt

Section 160 is repealed.

160. (Repealed). 1983, c. 55, s. 160; 2013, c. 25, s. 33.
Section 160Verify source
§ 161Section 161Repeal

Source excerpt

Section 161 is repealed.

161. (Repealed). 1983, c. 55, s. 161; 1999, c. 40, s. 135; 2013, c. 25, s. 33.
Section 161Verify source
§ 162Section 162Repeal

Source excerpt

Section 162 is repealed.

162. (Repealed). 1983, c. 55, s. 162; 2013, c. 25, s. 33.
Section 162Verify source
§ 163Section 163Repeal

Source excerpt

Section 163 is repealed.

163. (Repealed). 1983, c. 55, s. 163; 2013, c. 25, s. 33.
Section 163Verify source
§ 164Section 164Repeal

Source excerpt

Section 164 is repealed.

164. (Repealed). 1983, c. 55, s. 164; 2013, c. 25, s. 33.
Section 164Verify source
§ 165Section 165Repeal

Source excerpt

Section 165 is repealed.

165. (Repealed). 1983, c. 55, s. 165; 2013, c. 25, s. 33.
Section 165Verify source
§ 166Section 166Repeal

Source excerpt

Section 166 is repealed.

166. (Repealed). 1983, c. 55, s. 166; 2013, c. 25, s. 33.
Section 166Verify source
§ 167Section 167Repeal

Source excerpt

Section 167 is repealed.

167. (Repealed). 1983, c. 55, s. 167; 2013, c. 25, s. 33.
Section 167Verify source
§ 168Section 168Repeal

Source excerpt

Section 168 is repealed.

168. (Repealed). 1983, c. 55, s. 168; 2013, c. 25, s. 33.
Section 168Verify source
§ 169Section 169Repeal

Source excerpt

Section 169 is repealed.

169. (Repealed). 1983, c. 55, s. 169; 2013, c. 25, s. 33.
Section 169Verify source
§ 170Section 170Repeal

Source excerpt

Section 170 is repealed.

170. (Repealed). 1983, c. 55, s. 170; 2013, c. 25, s. 33.
Section 170Verify source
§ 171Section 171Provision

Source excerpt

The chairman of the Conseil du trésor is responsible for administering this Act.

171. The chairman of the Conseil du trésor is responsible for the administration of this Act. 1983, c. 55, s. 171; 1996, c. 35, s. 15.
Section 171Verify source
§ 172Section 172Repeal

Source excerpt

Section 172 is repealed.

172. (Repealed). 1983, c. 55, s. 172; 2013, c. 25, s. 33.
Section 172Verify source
§ 173Section 173Provision

Source excerpt

Section 173 ceased to have effect on 21 March 1989.

173. (This section ceased to have effect on 21 March 1989). 1983, c. 55, s. 173; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
Section 173Verify source
§ 174Section 174Provision

Source excerpt

174. (Omitted). 1983, c. 55, s. 174.

174. (Omitted). 1983, c. 55, s. 174.
Section 174Verify source
§ —ScheduleRepeal

Source excerpt

This schedule repeals chapter 55 of the statutes of 1983, except section 174, and also repeals sections 42 to 50 and 53 of that chapter at the specified consolidation/update times.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 55 of the statutes of 1983, in force on 1 July 1984, is repealed, except section 174, effective from the coming into force of chapter F-3.1.1 of the Revised Statutes. In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 42 to 50 and 53 of chapter 55 of the statutes of 1983, in force on 1 March 1985, are repealed effective from the coming into force of the updating to 1 March 1985 of chapter F-3.1.1 of the Revised Statutes.
ScheduleVerify source

Legislative relationships

9 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

  • Chapter II of the Public Administration Act

    Section 115.2

  • Civil Service pursuant to the Civil Service Act

    Section 126

  • Commission’s staff must be appointed under this Act

    Section 110

  • Conseil du trésor is responsible for administering this Act

    Section 171

  • Executive Power Act

    Section 28

G–M

2 instruments

  • Labour Code

    Sections 64, 67, 69

  • members do not take part in the Commission’s act

    Section 121

N–S

2 instruments

  • Public Administration Act

    Sections 3, 54, 115

  • Revised Statutes. In accordance with section 17 of the Act

    Section Schedule

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  • 10 Jun 2026 · currentEnglish

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