|This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date.|
Assented to February 21, 1985
|5.||Appointments on merit|
|9.||Appeal to commission|
|11.||Commission's decision final|
1. In this Act
"commission" means the Public Service Commission established under section 7.
Historical Note(s): 1985-15-1; part repealed 1993-66-27(1) and B.C. Reg. 319/93.
[Editorial Note(s): Remainder of (1) and (2) to (4) repealed 1993-66-27(1) and B.C. Reg. 319/93.]
5. (1) Appointments to and from within the public service shall be based on the principle of merit as determined in subsection (2) and shall be the result of a process designed to appraise the qualifications and capabilities of eligible applicants.
(2) The matters to be considered in determining merit shall, having regard to the nature of the duties to be performed, include the applicant's education, skills, knowledge, experience, past work performance and years of continuous service in the public service.
(3) The division shall consult with the representative of the employees' bargaining agent certified under the Public Service Labour Relations Act, with respect to the application of the matters that determine merit under subsection (2).
(4) The division may direct, in respect of a vacancy or class of vacancy in the public service, that
(a) applicants be limited to a stated geographical area or locale, and
(b) applicants be limited to employees generally, or to employees of a stated
(i) occupational group,
(ii) position level, or
(iii) organizational unit.
(5) The division may, by directive, delegate to a deputy minister, in respect of his ministry, the powers of the division under subsection (4), subject to any instructions contained in the directive.
(6) Subject to a directive issued under section 2, where a vacancy is filled through a lateral transfer or a demotion, subsection (1) does not apply.
Historical Note(s): 1985-15-5.
6. (1) A person who is appointed to a position in the public service shall be on probation until he has worked the equivalent of 6 months full time employment.
(2) Where the appointment is made from within the public service, the deputy minister or an employee authorized by him may waive all or part of the probation period.
(3) The deputy minister may, during the probation period, reject for just cause a person appointed to a position under his control.
Historical Note(s): 1985-15-6.
7. (1) A commission to be called the Public Service Commission is established.
(2) The commission shall consist of at least 3 members appointed by the Lieutenant Governor in Council, one of whom shall be designated as chairman.
(3) A member of the commission shall hold office during good behaviour for a term not exceeding 6 years.
(4) Where there is a tie vote on any matter before the commission, the decision of the chairman shall be the decision of the commission.
(5) A member of the commission shall be reimbursed for reasonable expenses necessarily incurred by him in the performance of his duties and be paid remuneration in an amount fixed by the Lieutenant Governor in Council.
Historical Note(s): 1985-15-7.
8. (1) The chairman may, in writing, authorize one or more of the members of the commission to sit as a panel of the commission on any appeal, and, where so authorized, a panel has all the powers of the commission.
(2) A majority of members of the commission may, but only on the motion of that majority of members of the commission, direct that a decision of a panel on an appeal be reviewed by the commission.
(3) Where a direction has been made under subsection (2), the commission shall, as soon as practicable, reconsider the appeal and, after reconsidering it, section 9 (7) applies.
Historical Note(s): 1985-15-8.
9. (1) An applicant who is an unsuccessful applicant for appointment to or from within the public service may appeal to the commission on the ground that section 5 (1) has not been complied with.
(2) The commission may make regulations prescribing
(a) the manner of bringing appeals and the time limits within which they may be brought, and
(b) all matters respecting practice, procedure and costs on appeals.
(3) Where an applicant commences an appeal under subsection (1), the commission shall, before hearing the appeal, inform the deputy minister of the particulars of it.
(4) The deputy minister may, within 14 days after being informed under subsection (3), direct that the appointment or the proposed appointment in respect of which the appeal was brought be rescinded and reconsidered.
(5) Where the deputy minister makes a direction under subsection (4), the appeal shall not proceed.
(6) Where the deputy minister fails to make a direction under subsection (4) within the 14 day period, the commission shall promptly proceed with the appeal.
(7) The commission may, after hearing an appeal,
(a) dismiss the appeal, or
(b) direct that the appointment or the proposed appointment be rescinded and reconsidered.
(8) The commission may summarily dismiss an appeal under subsection (1) where it considers that the appeal is frivolous or vexatious.
Historical Note(s): 1985-15-9.
10. For the purpose of an appeal under section 9 or a review under section 8 (2), the commission has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Historical Note(s): 1985-15-10.
11. Subject to section 8 (2), a decision or order of the commission or a panel of the commission is final and binding.
Historical Note(s): 1985-15-11.
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