CHAPTER 33. An Act respecting the Civil Service of Manitoba. Short title. "Head of a Department," or "head." Clerk of Legislative auditor not included in term "employees." HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Manitoba Civil Service Act." R.S.M. c. 25, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, the expression "head of a Department" or "head" means the Minister of the Crown for the time being presiding over such Department, and includes an acting Minister. R.S.M. c. 25, s. 2. 3. The clerk of the Legislative Assembly and the audiAssembly and tor appointed under the provisions of "The Treasury Department Act" shall not be included in the provisions of this Act, nor in any other statutory provisions, under the term "employees," which term shall, however, include all persons in the service of the Executive Government or of the Legislative Assembly of Manitoba, other than the said clerk and auditor. R.S.M. c. 25, s. 3. The civil service of cludes what APPLICATION OF ACT. 4. The civil service of Manitoba for the purposes of this Manitoba in- Act includes and consists of the clerk of the Legislative Departments. Assembly and the provincial auditor, and of all classes of employees in or under the following Departments of the Executive Government of Manitoba and of the Legislative Assembly of the Province, heretofore appointed or hereafter to be appointed by the Lieutenant-Governor-in-Council or other competent authority, namely: (a) The office of the Executive Council; (b) the Department of the Treasury; (c) the Department of Public Works; (d) the Department of Agriculture and Immigration; (e) the Department of the Provincial Secretary; (f) the Department of the Attorney-General; (g) the Department of the Railway Commissioner for Manitoba; (h) the Provincial Lands Department; (i) the Department of Education; (j) the Department of the Municipal Commissioner; (k) the offices of the Legislative Assembly; (1) the Land Titles offices; (m) the Department of Telephones and Telegraphs. R.S.M. c. 25, s. 4; 7-8 Ed. 7, c. 7, s. 1. Act applies to courts. 5. Save as hereinafter excepted, this Act shall apply to How far this the offices of the prothonotary, the referee in chambers, the omicers of the master, the registrar and the accountant of the Court of King's Bench, of the deputy clerks of the Crown and pleas, of the officers of the Surrogate Courts, and of the clerks of the County Courts and of the provincial police courts, in all cases where such officials receive their salaries out of the Consolidated Revenue Fund of the Province. In so far as applicable the word "Department" in this Act, and for the purposes of this Act, shall extend to and include the officers of the courts mentioned in this section, and the Attorney-General of the Province for the time being shall be the head thereof; but nothing herein contained shall impair or interfere with any already established authority or control of the courts and judges over their offices. R.S.M. c. 25, s. 5. offices to be 6. For the purposes of this Act the land titles offices shall Land titles be a separate department, under the control of the Attorney- separate General as the head thereof. R.S.M. c. 25, s. 6. Department under Act; Atty.-Gen. to be head. permanent 7. This Act shall apply to the permanent employees of This Act the Legislative Assembly, saving always all legal rights and shall apply to privileges of the said Assembly as respects the appointment employees of or removal of its officers or servants or any of them. R.S.M. tive c. 25, s. 7. DIVISION OF CIVIL SERVICE. 8. The civil service shall be divided into two divisions: the Legisla Assembly. Civil service two divisions. comprised in (a) The first or inside division shall comprise employees who are comprising the several Departmental staffs at the City of each division Winnipeg, enumerated in section 4 of this Act; How ap pointed and office. If removed, (b) The second or outside division shall comprise all other employees of the Executive Government of Manitoba. R.S.M. c. 25, s. 8. CLERK OF THE LEGISLATIVE ASSEMBLY. 9. The clerk of the Legislative Assembly shall be aphow to hold pointed by the Lieutenant-Governor-in-Council, and shall hold office during pleasure; but whenever such pleasure is exercised in the direction of removing a clerk of the Legisreasons must lative Assembly from his office, a statement of the reasons for so doing shall be laid on the table of the Legislative Assembly within the first fifteen days of the next following session thereof. R.S.M. c. 25, s. 9. be laid before the Legislative Assembly. Duties of heads of MANAGEMENT OF DEPARTMENTS. 10. The head of each Department shall oversee and direct Department. the officers, clerks and employees of the Department. He shall have general control of the business thereof, and shall perform such other duties as are assigned to him by the Lieutenant-Governor-in-Council. R.S.M. c. 25, s. 10. Deputy heads and of Depart ments. 11. In the absence of the head of any Department a chief clerks deputy, appointed by the Lieutenant-Governor-in-Council, or a chief clerk named by the head of the Department, shall perform the duties of such head, unless an acting head is appointed or the performance of such duties is otherwise provided for by the Lieutenant-Governor-in-Council. deputy head or chief clerk so named shall, subject to the direction of the head of the Department, exercise all the powers vested in the head as to the control of the other employees of the Department. 3-4 Ed. 7, c. 5, s. 1. The Manitoba Board, who Duties of said To publish regulations for civil servants. To examine candidates for civil service. THE MANITOBA CIVIL SERVICE BOARD. Such 12. The Lieutenant-Governor-in-Council shall appoint from time to time three of the heads, who shall form a board of examiners for the civil service, and shall be known as "The Manitoba Civil Service Board." The heads so appointed shall not be entitled to any remuneration for their services as members of such board. R.S.M. c. 25, s. 12. 13. It shall be the duty of the said board (a) to frame and publish regulations to be observed by candidates for employment in the civil service, such regulations being first approved by the Lieutenant-Governor-inCouncil; (b) to examine all candidates who present themselves in accordance with the regulations of the board or such other regulations as may be made by the Lieutenant-Governor-inCouncil; (c) to keep a register of the candidates for examina- To keep tion, such register showing the name, age, place of birth and candidates. register of residence of each candidate, and the result of his examina- What the tion, mentioning the particular branch of the civil service, register shall if any, for which any candidate passing the examination contain. has, in the opinion of the examiners, shown any special apti tude; certificates. (d) to grant certificates of qualification to candidates, To grant whose examination as to fitness and whose testimonials as to moral character have been found satisfactory; minutes of (e) to cause to be transmitted to the clerk of the Execu- To transmit tive Council, with all convenient speed, copies of the minutes Board to of the proceedings of the board at each sitting thereof, such Executive copies to be certified by the chairman. R.S.M. c. 25, s. 13. Council. Clerk Board, how 14. The Lieutenant-Governor-in-Council shall fix the Sittings of time and place at which the sittings of the board for exam- fixed. ination are held, and notice thereof shall be given in The Manitoba Gazette. R.S.M. c. 25, s. 14. for examina eight days' 15. Each candidate shall, at least eight days before the Candidates examination, transmit an application to be admitted to exam- tion to give ination, and the candidates shall be examined in the order notice. of the dates of their applications; but those who are gradu- Graduates of ates of the University of Manitoba, or of any college affiliated University of therewith, shall have precedence over the other candidates. Manitoba to R.S.M. c. 25, s. 15. have precedence. of Civil SerTo act as a discipline. 16. The civil service board shall be also a council of Other duties discipline for the civil service, and may report to the Pro-vice Board. vincial Secretary rules proposed for the internal government council of of the Departments, and the Provincial Secretary shall submit the said rules, if he deem it expedient, for the approval of the Lieutenant-Governor-in-Council, and, when approved, they shall have the force of law. When the civil service board, acting as a council of discipline, shall receive a copy of an order-in-council, commanding them to inquire into the conduct of an employee in the civil service, they shall make an inquiry into the conduct of such employee and into all the complaints which shall have been preferred against him, and they shall have power to examine witnesses, and to appoint one or more commissioners to examine such employees or witnesses, and, in urgent cases, such inquiry may take place on a reference from the member of the Executive Council presiding over the Department to which such employee belongs. Nothing herein contained shall prevent the Lieutenant-Governor-in-Council from dismissing any employee when he sees fit to do so. R.S.M. c. 25, s. 16. Candidates to furnish evidence of age, health and moral character. Every employee to probation If rejected, reasons to be given to 17. Every candidate for admission as an employee of the civil service shall, as a condition precedent to his nomination as a probationer, produce such evidence as the civil service board may think sufficient as to his age, health and moral character, and shall pass before such board such examination as by its regulations may be required. R.S.M. c. 25, s. 17. APPOINTMENTS. 18. Every employee entering the civil service within the taken subject meaning of this Act shall be subject to a probation of six of six months. months, and his employment shall cease at the end of that period from the date of his first employment, unless at or before the end of that period the head signifies in writing that such person is considered by him as competent for the duty of the Department; and if he is rejected the head of Department shall report to the Lieutenant-Governor-in-Council the reasons for rejecting him. R.S.M. c. 25, s. 18. Lieut.-Gov. in-Council. Appointments to who shall make them. 19. All appointments to the civil service shall be made civil service, by the Lieutenant-Governor-in-Council, on the application and report of the head of the Department in which the person appointed is to be employed. All such appointments shall be during pleasure; and no person shall be appointed as an employee in the civil service unless he has passed a satisfactory examination before the civil service board. R.S.M. c. 25, s. 19. No person to be appointed who has not passed examination. Acting Ministers and be appointed. 20. It shall be lawful for the Lieutenant-Governor-in officers may Council to appoint an acting Minister or head of a Department, or an acting officer or servant of any kind, who shall have all the power and authority of the person for whom he may be acting. Such acting Minister, head of Department, officer or servant shall act only in the absence from the post of duty or illness or other physical disability of the person for whom he acts or in case of a vacancy in office: All civil servants to take oath of allegiance. Provided that an acting Minister or head of Department must be a Minister. R.S.M. c. 25, s. 20. OATHS. 21. All employees of the civil service who have not already done so, and every clerk of the Legislative Assembly, Provincial auditor or employee hereafter appointed, before any salary is paid him, shall take and subscribe the oath of allegiance and also the oath contained in schedule A to this Act, or such other oath as is provided by any other Act in that behalf. R.S.M. c. 25, s. 21. |