Public Service Act, R.S.O. 1990, c. P.47

• Jurisdiction: Ontario

Public Service Act

R.S.O. 1990, CHAPTER P.47

Historical version for the period July 25, 2007 to August 19, 2007.

Last amendment: 2006, c. 35, Sched. C, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed by the Statutes of Ontario, 2006, chapter 35, Schedule C, section 1. See: 2006, c. 35, Sched. C, ss. 1, 137 (1).

PART I
GENERAL

Definitions

1. In this Act,

“civil servant” means a person appointed to the service of the Crown by the Lieutenant Governor in Council on the certificate of the Commission or by the Commission, and “civil service” has a corresponding meaning; (“fonctionnaire titulaire”, “Fonction publique”)

“classified service” means the part of the public service to which civil servants are appointed; (“postes classifiés”)

“Commission” means the Civil Service Commission; (“Commission”)

“Crown” means the Crown in right of Ontario; (“Couronne”)

“Crown employee” means a person who is,

(a) employed in the service of the Crown, or

(b) employed in the service of an agency of the Crown that is designated in the regulations; (“employé de la Couronne”)

“Minister” means the member of the Executive Council who is designated by the Lieutenant Governor in Council as the minister to whom the Commission is responsible for the administration of this Act; (“ministre”)

“public servant” means a person appointed under this Act to the service of the Crown by the Lieutenant Governor in Council, by the Commission or by a minister, and “public service” has a corresponding meaning; (“fonctionnaire”, “fonction publique”)

“regulations” means the regulations made under this Act; (“règlements”)

“term classified service” means the part of the classified service to which civil servants are appointed under section 7.1; (“postes classifiés de durée déterminée”)

“unclassified service” means the part of the public service that is composed of positions to which persons are appointed by a minister under this Act. (“postes non classifiés”) R.S.O. 1990, c. P.47, s. 1; 1993, c. 19, s. 1 (1); 2001, c. 7, s. 1.

Commission, composition

2.(1)The Commission shall consist of not fewer than three persons appointed by the Lieutenant Governor in Council, one of whom may be appointed chair.

status

(2)The full-time members of the Commission shall be deemed to be civil servants.

Chair to rank as deputy minister

(3)The chair of the Commission shall rank as and have all the powers and duties of a deputy minister of a ministry. R.S.O. 1990, c. P.47, s. 2.

Administration

3.(1)The Commission is responsible to the Minister for the administration of this Act.

Employees

(2)The staff of the Commission is responsible to the chair of the Commission and shall consist of such employees appointed under this Act as are necessary for the proper conduct of the business of the Commission. R.S.O. 1990, c. P.47, s. 3.

Duties of Commission

4. The Commission shall,

(a) evaluate and classify each position in the classified service and determine the qualifications therefor;

(b) recommend to the Lieutenant Governor in Council the salary range for each classification, except a previously established classification for which a salary range is determined through collective bargaining;

(c) recruit qualified persons for the civil service;

(d) assign persons to positions in the classified service and specify the salaries payable;

(e) determine perquisite charges for civil servants;

(f) provide, assist in or co-ordinate staff development programs;

(g) present annually through the Minister to the Lieutenant Governor in Council a report upon the performance of its duties during the preceding year, which report shall be laid before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. P.47, s. 4; 1993, c. 38, s. 63 (2); 2006, c. 19, Sched. N, s. 4 (1).

Conflict of Interest Commissioner

4.1(1)The Lieutenant Governor in Council may, by order, appoint an individual to act as the Conflict of Interest Commissioner.

Powers and duties

(2)The Conflict of Interest Commissioner may exercise such powers and shall perform such duties as are assigned to him or her by the Lieutenant Governor in Council or by the Chair of the Management Board of Cabinet.

Immunity

(3)No proceeding shall be commenced against the Conflict of Interest Commissioner for any act done or omitted in good faith in the execution or intended execution of his or her duties under subsection (2).

Testimony

(4)The Conflict of Interest Commissioner is not a competent or compellable witness in a civil proceeding outside this Act in connection with anything done under subsection (2). 1999, c. 12, Sched. K, s. 2.

Exclusion of positions from classified service

5.The Commission may exclude any position in the classified service from that service for such period as it may determine. R.S.O. 1990, c. P.47, s. 5.

Filling vacancies in the classified service

6. When a vacancy exists in the classified service, the Commission shall appoint a person nominated by the deputy minister of the ministry in which the vacancy exists to a position on the probationary staff of the classified service, and the appointment shall be made for a period of not more than one year at a time. 2006, c. 19, Sched. N, s. 4 (2).

Appointments to regular staff

7. (1) If requested in writing by the deputy minister, the Commission shall appoint a person on the probationary staff of the classified service to the regular staff of the classified service. 2006, c. 19, Sched. N, s. 4 (2).

Transition

(2) The Commission may make an appointment under subsection (1) effective as of a date before the date on which subsection 4 (2) of Schedule N to the Good Government Act, 2006 comes into force. 2006, c. 19, Sched. N, s. 4 (2).

Appointment by Commission to term classified service

7.1 (1) The Commission may appoint to the term classified service, for a period of not more than three years on the first appointment and for any period on any subsequent appointment, a person nominated by a deputy minister to a position in his or her ministry. 2001, c. 7, s. 2.

No change in status without express appointment

(2) A person appointed to the term classified service remains so appointed unless the person is expressly appointed to another part of the classified service by the Commission. 2001, c. 7, s. 2; 2006, c. 19, Sched. N, s. 4 (3).

Appointment by minister to unclassified service

8. (1) A minister or any public servant who is designated in writing for the purpose by him or her may appoint for a period of not more than three years on the first appointment and for any period on any subsequent appointment a person to a position in the unclassified service in any ministry over which the minister presides. R.S.O. 1990, c. P.47, s. 8 (1); 2001, c. 7, s. 3.

Idem

(2) Any appointment made by a designee under subsection (1) shall be deemed to have been made by his or her minister. R.S.O. 1990, c. P.47, s. 8 (2).

Status

Status as a civil servant

8.1 (1) An individual is not considered to be a civil servant unless he or she has been expressly appointed as such by the Lieutenant Governor in Council on the certificate of the Commission, by the Commission or by a deputy minister authorized under subsection 24 (1). 2006, c. 19, Sched. N, s. 4 (4).

Status as a public servant

(2) An individual is not considered to be a public servant unless he or she has been expressly appointed as such by the Lieutenant Governor in Council, by the Commission, by a deputy minister authorized under subsection 24 (1) or by a minister or a designee of a minister. 2006, c. 19, Sched. N, s. 4 (4).

Status as a Crown employee

(3) An individual who is employed in the service of the Crown is not considered to be a Crown employee unless the individual has been expressly appointed as such by the Lieutenant Governor in Council, by the Commission, by a deputy minister authorized under subsection 24 (1) or by a minister. 2006, c. 19, Sched. N, s. 4 (4).

Form may be required

(4) If the Lieutenant Governor in Council makes a regulation requiring the appointment of a civil servant, public servant or Crown employee to be made in a form prescribed in the regulation, an individual is not considered to be a civil servant, public servant or Crown employee, as the case may be, unless his or her appointment is made in the prescribed form. 1993, c. 19, s. 1 (2).

Same

(5) Subsection (4) does not apply to an individual who was expressly appointed as a civil servant, public servant or Crown employee before the day on which the regulation is published in The Ontario Gazette. 1993, c. 19, s. 1 (2).

Designated Crown agency

(6) An individual who is employed in the service of an agency of the Crown designated in the regulations is not considered to be a Crown employee unless the agency has the authority to appoint its employees and the individual has been expressly appointed as a Crown employee by the agency. 1993, c. 19, s. 1 (2).

Direction re appointment

(7) The Lieutenant Governor in Council may, by order, direct an agency of the Crown designated in the regulations to expressly appoint as a Crown employee an individual who is employed in the service of the agency. 1993, c. 19, s. 1 (2).

Same

(8) If the agency does not make the express appointment within the time indicated in the order, the Lieutenant Governor in Council may, on behalf of the agency, expressly appoint the individual as a Crown employee. 1993, c. 19, s. 1 (2).

Agency not designated

(9) An individual who is employed in the service of an agency of the Crown that is not designated in the regulations is not considered to be a Crown employee. 1993, c. 19, s. 1 (2).

No implied appointment

(10) In the absence of an express appointment of an individual as a civil servant, public servant or Crown employee, the individual’s appointment shall not be inferred solely from the circumstances of his or her employment. 1993, c. 19, s. 1 (2).

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