CHAPTER 16. An Act respecting the Civil Service of Canada. SHORT TITLE. 1. This Act may be cited as the Civil Service Act. R.S., Short title. c. 17, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires,- (c) Board' means the examiners appointed for the purposes of this Act. R.S., c. 17, s. 2; 3 E. VII., c. 9, s. 1. CONSTITUTION. Definitions. shall consist. 3. The Civil Service for the purposes of this Act includes of whom the and consists of all classes of officers, clerks and employees, Civil Service elsewhere than in the provinces of Saskatchewan and Alberta and in the Northwest Territories and the Yukon Territory, in or under the several departments of the Executive Government of Canada and in the office of the Auditor General, included. in schedules A and B to this Act, appointed by the Governor in Council or other competent authority before the first day of July, one thousand eight hundred and eighty-two, or thereafter appointed or employed in the manner provided by the Civil Service Act for the time being in force; and also includes, (a) such officers, clerks or employees in the lower grades 221 2. Exception. Two divisions. Inside division. Outside division. Regulations. Governor in Council to determine number of officers, etc. If the actual num that allowed. 2. The Civil Service shall not, however, include nor shall this Act apply to any of the officers or employees to whom by the provisions of the Post Office Act that Act instead of the Civil Service Act is intended to apply. R.S., c. 17, s. 3; sch. B.; 2 E. VII., c. 28, s. 1. 4. The service shall be divided into two divisions, namely:(a) The first or inside departmental division which shall comprise officers, clerks and employees of those classes mentioned in schedule A, employed on the several departmental staffs at Ottawa, and in the office of the Auditor General; and, (b) The second or outside departmental division which shall comprise officers, clerks, and employees of those classes mentioned in schedule B, and the other officers, clerks and employees included in the Civil Service who are employed otherwise than on the departmental staffs at Ottawa. R.S., c. 17, s. 4. 5. The Governor in Council may, from time to time, make general rules and regulations, not inconsistent with the provisions of this Act, respecting the appointments and promotions of the officers, clerks and employees in the Civil Service and all other matters pertaining thereto. R.S., c. 17, s. 5. 6. The Governor in Council shall, from time to time, determine the number of officers, clerks of the several classes and grades, messengers and other employees who are required for the working of the several departments in each division of the Civil Service, but the collective amount of the salaries of each department shall, in no case, exceed that provided for by vote of Parliament for that purpose. 2. If the number of officers, clerks, and employees then ber exceeds, attached to any department in either division thereof is greater than the number allowed to the department, as herein provided, the Governor in Council shall name the persons to fill the several offices; and the remainder shall be supernumerary clerks, ineligible for increase of salary, of that class respectively in which they rank, and shall so remain until promoted in the manner herein provided or until severed from the service. R.S., c. 17, s. 6. Examiners. BOARD OF EXAMINERS. 7. Three examiners shall, from time to time, be appointed by the Governor in Council, who, for the purposes of this Act, shall be known as the Board; and they shall examine all candidates for admission to the Civil Service, and give certificates of qualification to such persons as are found qualified, according to such regulations as are authorized by the Governor in Council for the guidance of the Board. 2. The Governor in Council may appoint a person who Clerk. shall be clerk to the Board, at a salary not exceeding seven hundred dollars per annum. 3. Each member of the Board shall receive such salary, Salary of not exceeding four hundred dollars per annum, as is fixed members. by the Governor in Council. 4. The members of the Board, while engaged in their work, Travelling shall be paid such travelling expenses as are determined by the expenses. Governor in Council. 5. Such persons as are selected by the Board to assist it Pay of in the conduct of examinations shall receive such sum, not assistants. exceeding five dollars a day, as is fixed by the Governor in Council. 6. The meetings of the Board shall be held at such times, Meetings. and the proceedings thereof shall be governed by such rules and regulations as the Governor in Council, from time to time, determines. 7. The Board shall be supervised by the Secretary of State. Supervision. R.S., c. 17, s. 8; 52 V., c. 12, s. 1. 8. The Board may obtain the assistance of persons who Who may be appointed as have had experience in the education of the youth of Canada, assistants. and with such assistance shall hold, or cause to be held, periodical examinations for admission to the Civil Service, at such times and places as shall be determined, from time to time, by the Governor in Council. tions in 2. Examinations shall, as far as possible, be in writing, and Examinathe cost thereof shall be defrayed out of moneys previously writing. voted by Parliament for that purpose. R.S., c. 17, s. 9. in case of tion. 9. Whenever the Board is satisfied that any irregularity or Proceedings fraudulent practice has obtained at any examination held by irregularity it or by any person deputed by it, the Board may summon at examinabefore it by an instrument signed by the chairman or acting chairman of the Board, and may examine under oath or affirination, any person who, in its opinion, is in a position to give evidence in relation to such irregularity or fraudulent practice. 58-59 V., c. 14, s. 1. appear as witness. 10. If the person so summoned does not appear at the time Refusal to and place appointed by such instrument, the chairman or acting chairman of the Board shall be vested with all the powers conferred upon a justice of the peace by the Criminal Code, in the case of a person to whom a summons has been directed, requir ing such person to appear before such justice at a time and place therein mentioned to give evidence respecting a charge of an indictable offence, and who does not appear in obedience thereto. 58-59 V., c. 14, s. 1. any 11. Whenever any person appearing in obedience to such instrument, or by virtue of a warrant issued under the 223 last Punish ment of persons re fusing to answer. Oath how administered. Report to last preceding section, refuses to be sworn, or having been sworn refuses to answer such questions as are put to him, or refuses or neglects to produce any documents which he is required to produce, without in any such case offering any just excuse for such refusal or neglect, the chairman or acting chairman of the Board shall, as to such person, be vested with all the powers, as to process and punishment in respect to witnesses, conferred in like cases upon a justice of the peace by the Criminal Code. 58-59 V., c. 14, s. 1. 12. Every oath or affirmation required for the purpose of such inquiry may be administered by any member of the Board. 51 V., c. 12, s. 2. 13. If any person is proved upon such inquiry to have been concerned in any fraudulent practice, or to have been guilty of any breach of the regulations made by the Governor in Council with respect to any examination held under the authority of this Act, the Board shall report the same to the Secretary of State, who may thereupon cause such person's Disqualifica name to be removed from the list of persons who are found qualified. 51 V., c. 12, s. 2. tion. Personation at examination. Procuring or furnishing examina paper. 14. Every person who, at any examination held under this Act, personates any candidate or employs, induces or allows any person to personate him, is guilty of an offence against this Act, and liable, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding two hundred dollars, and, if he is employed in the Civil Service, to be dismissed therefrom. 51 V., c. 12, 8. 2. 15. Every person who surreptitiously procures from any printer or other person, and every person who, without tion question authority, furnishes to any other person any examination question paper or any other paper relating to any such examination as aforesaid, is guilty of an offence against this Act, and liable, on summary conviction, to imprisonment, with or without hard labour, for a term not exceeding six months, or to a fine not exceeding two hundred dollars, and, if he is employed in the Civil Service, to be dismissed therefrom. Disqualified. No appoint ment with tion. 2. No such person shall be allowed to present himself at any subsequent examination. 51 V., c. 12, s. 2. EXAMINATIONS. 16. Except as herein otherwise provided no person shall be out examina- appointed to or employed in either division of the Civil Service unless the person so appointed or employed has passed the examination hereinafter required in order to qualify him for such appointment or employment. R.S., c. 17, s. 29. 17. It shall be necessary to pass the first or preliminary Preliminary examination in order to qualify for the following appointments tion. or employments: examina Messenger; Porter; Sorter; Packer; Tidewaiter; Assistant inspector of weights and measures; and, Such other appointments or employments in the lower grades as are determined by the Governor in Council. R.S., c. 17, s. 29; 58-59 V., c. 15, ss. 4 and 8. examina 18. It shall be necessary to pass the second or qualifying Qualifying examination in order to qualify for the following appointments tion. or employments: Third-class clerkships in the first division; Third-class clerkships and the offices of landing waiters and Third-class excisemen and stenographers or typewriters in 19. Candidates may pass both the preliminary and qualify. Both examining examinations at their option. R.S., c. 17, s. 29. ations passed at option. for admission. 20. No person shall be admitted either to the preliminary or Candidates qualifying examination until he has satisfied the Board,(a) that at the time appointed for such examination he will, if the examination is for an appointment which the passing of the preliminary examination is sufficient to qualify for, Age. be of the full age of fifteen years, and, in other cases, be of the full age of eighteen years; and, if for the inside departmental division, that his age will not then be more than thirty-five years; (b) that he is free from any physical defect or disease Physique. which would be likely to interfere with the proper discharge of his duties; and, (c) that his character is such as to qualify him for employ- Character. ment in the service. R.S., c. 17, s. 30; 58-59 V., c. 15, s. 5. 21. The preliminary and qualifying examinations shall be Times and held only once a year and during the month of November, under method. such regulations, not inconsistent with this Act, as are from time to time made by the Governor in Council, and published in the English and French languages in the Canada Gazette. 51 V., c. 12, s. 5. 15 225 22. |