In this Act 1992, c.63, s.1; 1993, c.68, s.1; 2002, c.11, s.1; 2009, c.21, s.1; 2016, c.37, s.27; 2017, c.1, s.6
“Board” means the Treasury Board as constituted under the Financial Administration Act;(Conseil)
“Civil Service” means those portions of the public service of the Province prescribed by regulation;(Fonction publique)
“closed competition” means a competition that is open only to(concours restreint)
(a) employees,
(b) persons employed in such portions of the public service of the Province as may be prescribed by regulation, in addition to those portions of the public service of the Province prescribed by regulation for the purposes of the definition “Civil Service”,
(e) persons registered in such employment equity programs as may be prescribed by regulation, and
(f) such other persons as may be prescribed by regulation;
“Commission” Repealed: 1993, c.68, s.1
“Commissioner” Repealed: 1993, c.68, s.1
“deputy head” means the deputy minister of any portion of the Civil Service, and where there is no deputy minister, such person as the Lieutenant-Governor in Council may designate to be the deputy head for the purposes of this Act;(administrateur général)
“favouritism” means giving preference to a candidate(favoritisme)
(a) that is based on factors that supersede the assessment of qualifications or work performance, and
(b) that is attributable to a relationship or connection that is external to the workplace;
“minister” means a member of the Executive Council;(ministre)
“Ombud” means the Ombud appointed under the Ombud Act and, if the Ombud has designated a person in writing under paragraph 31(1)(c), any person acting in accordance with the written designation;(ombud)
“open competition” means a competition that is open to employees as well as to persons who are not employees.(concours public)
“Secretary of the Board” Repealed: 2002, c.11, s.1
The purpose of this Act is to ensure the delivery of quality public services to the residents of New Brunswick by means of non-partisan, qualified and competent employees in the Civil Service. 2009, c.21, s.2
This Act applies to the Civil Service.
The deputy head is the chief executive officer of that portion of the Civil Service of which he is deputy head.
In any portion of the Civil Service where there is no deputy minister, the Lieutenant-Governor in Council may designate a person to be deputy head for the purposes of this Act with respect to that portion of the Civil Service.
Every deputy head shall be appointed by the Lieutenant-Governor in Council and section 23 does not apply to such appointment.
1992, c.63, s.2; 1993, c.68, s.2; 2002, c.11, s.2; 2009, c.21, s.3; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
A deputy head may exercise the powers and carry out the duties of a deputy head provided for in this Act or the regulations, including any powers and duties delegated to the deputy head by the Secretary to Treasury Board under paragraph 4(d).
A deputy head may, in such manner and subject to such terms and conditions as the deputy head directs, delegate in writing, to any employee in the portion of the Civil Service of which the deputy head is the deputy head, any of the deputy head’s powers and duties provided for in this Act or the regulations, including any powers and duties delegated to the deputy head by the Secretary to Treasury Board under paragraph 4(d), except the power of delegation.
Notwithstanding subsection (2), a deputy head may, in such manner and subject to such terms and conditions as the deputy head directs, delegate the power of appointment in writing, to those chief administrative officers of those special operating agencies that are prescribed by regulation for the purposes of this subsection.
A deputy head to whom the power of appointment has been delegated shall
(a) publish such staffing information as may be required by the Secretary to Treasury Board in the annual report for that portion of the Civil Service for which the deputy head is responsible, and
(b) report the number of complaints received by him or her to the Secretary to Treasury Board within 6 months after the end of each fiscal year.
2017, c.63, s.59
Service New Brunswick may, in the manner and subject to the terms and conditions as Service New Brunswick directs, delegate in writing to its Chief Executive Officer any of Service New Brunswick’s powers and duties provided for in this Act or the regulations, including any powers and duties delegated to Service New Brunswick by the Secretary to Treasury Board under paragraph 4(d.1).
Service New Brunswick may, in the manner and subject to the terms and conditions as Service New Brunswick directs, delegate in writing to an employee of Service New Brunswick any of Service New Brunswick’s powers and duties provided for in this Act or the regulations, including any powers and duties delegated to Service New Brunswick by the Secretary to Treasury Board under paragraph 4(d.1), except the power of delegation.
The Chief Executive Officer of Service New Brunswick may, in the manner and subject to the terms and conditions as the Chief Executive Officer directs, delegate in writing to any employee of Service New Brunswick any of the powers and duties delegated to the Chief Executive Officer under subsection (1), except the power of delegation.
The Chief Executive Officer of Service New Brunswick may revise or rescind and reinstate any delegation made under subsection (3).
2017, c.63, s.59
In carrying out the powers and duties delegated to Service New Brunswick by the Secretary to Treasury Board, Service New Brunswick may enter into an agreement or arrangement with a deputy head under section 6 of the Service New Brunswick Act respecting the manner of carrying out the powers and duties delegated by the Secretary to Treasury Board.
In carrying out the powers and duties delegated to Service New Brunswick by the Secretary to Treasury Board, Service New Brunswick may enter into an agreement or arrangement with a third party under section 8 of the Service New Brunswick Act to engage the third party to provide, on behalf of Service New Brunswick, a service that it provides to the Secretary to Treasury Board, whether or not an agreement or arrangement is entered into under subsection (1) with respect to a portion of the Civil Service.
The Secretary to Treasury Board 1988, c.6, s.1; 1992, c.63, s.3; 2002, c.11, s.4; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27; 2017, c.63, s.60
(a) shall appoint or provide for the appointment of qualified persons to or from within the Civil Service in accordance with the provisions of this Act and the regulations and issue certificates with respect to such appointments;
(b) shall arrange for the transfer of employees within the Civil Service;
(c) may, in such manner and subject to such terms and conditions as he directs, delegate in writing any of his powers and duties under this Act or the regulations to any person employed with the Board;
(d) may, in such manner and subject to such terms and conditions as the Secretary to Treasury Board directs, delegate in writing to the deputy head of any portion of the Civil Service any of the powers and duties of the Secretary to Treasury Board under this Act or the regulations;
(d.1) may, in the manner and subject to the terms and conditions as the Secretary to Treasury Board directs, delegate in writing to Service New Brunswick any of the powers and duties of the Secretary to Treasury Board under this Act or the regulations;
(f) may do such other acts and things as may be necessary for the proper administration of the provisions of this Act and the regulations for which he is responsible.
2009, c.21, s.4; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27; 2017, c.63, s.61
If the Secretary to Treasury Board has delegated any of his or her powers or duties under this Act to Service New Brunswick or a deputy head, the Secretary to Treasury Board shall ensure that Service New Brunswick or the deputy head, and any delegate or agent of Service New Brunswick or of the deputy head, is exercising those powers and duties in the manner required and in accordance with the terms and conditions of the delegation and the requirements of this Act.
In acting under subsection (1), the Secretary to Treasury Board may conduct audits of the staffing practices in that portion of the Civil Service for which a deputy head referred to in subsection (1) is responsible.
1993, c.68, s.3; 2002, c.11, s.5; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
The Secretary to Treasury Board may select boards of examiners to test and pass upon the qualifications of candidates for appointment to or from within the Civil Service and shall designate chairmen for each board of examiners.
Repealed: 1993, c.68, s.3
1992, c.63, s.4; 2002, c.11, s.6; 2009, c.21, s.5; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
Subject to this and any other Act, appointments to and from within the Civil Service shall be based on merit, shall be free from favouritism and shall be made by competition or by such other process of personnel selection designed to establish the merit of candidates as the Secretary to Treasury Board considers is in the best interests of the Civil Service.
No appointment shall be made to or from within the Civil Service unless a vacancy exists in the portion of the Civil Service to which the appointment is to be made.
Unless otherwise provided in this Act or the regulations, no person shall become an employee under this Act except by virtue of an appointment made in accordance with subsection (1).
An appointment under this Act takes effect on the date specified in the instrument of appointment.
The Secretary to Treasury Board may, in determining pursuant to subsection 6(1) the basis of assessment of merit in relation to any position or class of positions, establish selection standards that are necessary or desirable having regard to the nature of the duties to be performed, but any such selection standards shall not be inconsistent with any classification standards established pursuant to the Financial Administration Act for that position or any position in that class. 2002, c.11, s.7; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
Before conducting a competition, the Secretary to Treasury Board shall 1992, c.63, s.5; 2002, c.11, s.8; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
(a) determine the area in which applicants must reside in order to be eligible for appointment, and
(b) in the case of a closed competition, determine the portion, if any, of the Civil Service and the portion, if any, of the public service prescribed by regulation for the purposes of paragraph (b) of the definition “closed competition” and the occupational nature and level of positions, if any, in which prospective candidates must be employed in order to be eligible for appointment.
The Secretary to Treasury Board shall give such notice of a proposed competition as in his opinion will give all eligible persons a reasonable opportunity of making an application. 2002, c.11, s.9; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
1988, c.6, s.2; 2009, c.21, s.6; 2014, c.64, s.1
The following definitions apply in this section.
“Her Majesty’s Forces” means Her Majesty’s Forces as defined in subsection 2(1) of the National Defence Act (Canada).(forces de Sa Majesté)
“honourably released” means honourably released within the meaning of subparagraph 15.01(4)(d) of the QR&O.(libéré honorablement)
“primary reserve” means that sub-component of the reserve force known as the Primary Reserve established under subparagraph 2.034(a) of the QR&O.(première réserve)
“regular force” means the regular force as defined in subsection 2(1) of the National Defence Act (Canada).(force régulière)
“QR&O” means the Queen’s Regulations and Orders for the Canadian Forces under the National Defence Act (Canada).(ORFC)
“reserve force” means the reserve force as defined in subsection 2(1) of the National Defence Act (Canada). (force de réserve)
“veteran” means a Canadian citizen who has rendered military service(ancien combattant)
(a) for at least three continuous years as a member of
(i) the regular force and has been honourably released, or
(ii) the primary reserve, and if no longer serving, has been honourably released,
(b) for at least three continuous years and whose service, in the opinion of the Minister, is equivalent to subparagraph (a)(i) or (ii) as a member of
(i) the armed forces of a Member State of the North Atlantic Treaty Organization, or
(ii) Her Majesty’s Forces, or
(c) as a member of a class of persons designated by the regulations as having rendered meritorious service.
In a competition for appointment to the Civil Service, a preference shall be given to a veteran if the veteran is selected from among the candidates qualified for the position or positions in relation to which the competition is conducted as one of the most qualified candidates and placed on an eligibility list.
2002, c.11, s.10; 2009, c.21, s.7; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
The Secretary to Treasury Board shall examine and consider all applications received within the time fixed by him or her for the receipt of applications.
The Secretary to Treasury Board, after having examined and considered the applications, may select for further screening those candidates who best appear to him or her to be the most qualified and suitable for the position or positions for which the competition is conducted.
The Secretary to Treasury Board, after considering such further material and conducting further screening by means of such examinations, tests, interviews or investigations as he or she considers necessary or desirable, shall select the candidates who are most qualified and suitable for the position or positions for which the competition is conducted.
2002, c.11, s.11; 2009, c.21, s.8; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
The Secretary to Treasury Board shall place the names of the candidates who are the most qualified and suitable on a list, to be known as an eligibility list, as the Secretary to Treasury Board considers necessary to provide for the filling of a vacancy or anticipated vacancies.
Subject to the regulations made by the Board, an eligibility list is valid for such period of time as may be determined by the Secretary to Treasury Board.
1992, c.63, s.6; 1993, c.68, s.4; 2002, c.11, s.12; 2009, c.21, s.9; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
Subject to this or any other Act, appointments to and from within the Civil Service shall be made through selection by the appropriate deputy head from an eligibility list provided by the Secretary to Treasury Board.
The deputy head shall notify the Secretary to Treasury Board of his selection from an eligibility list, the Secretary to Treasury Board shall appoint the person so selected.
Repealed: 2009, c.21, s.9
Repealed: 2009, c.21, s.9
Repealed: 2009, c.21, s.9
Repealed: 2009, c.21, s.10 2009, c.21, s.10
2002, c.11, s.13; 2009, c.21, s.11; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
Appointments to any position or class of positions requiring special professional, scientific or technical knowledge and experience may be made by the Secretary to Treasury Board without competition.
The Secretary to Treasury Board shall not make an appointment under subsection (1) unless he or she is satisfied that there is a demonstrable lack of qualified persons available in the labour market to fill such a position.
1992, c.63, s.7; 2002, c.11, s.14; 2009, c.21, s.12; 2010, c.17, s.1; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
The Secretary to Treasury Board may, without competition, appoint to a position within the Civil Service
(a) any person who is registered in an employment equity program prescribed by regulation,
(b) any person who is participating in a human resource development program prescribed by regulation,
(c) any person who is employed in a portion of the public service listed under Part II or Part III of the First Schedule of the Public Service Labour Relations Act or in a portion of the public service under Part I of that Schedule that is not a portion of the Civil Service if the person, immediately prior to the appointment, occupied a position for which the requirements are, in the opinion of the Secretary to Treasury Board, substantially similar to the position to which the person is being appointed, or
(d) any person who has been assessed by the Secretary to Treasury Board as being both qualified and suitable for the position if the person
(i) holds an appointment under section 17 for a position with similar requirements, or
(ii) has held an appointment under section 17 for a position with similar requirements within such period of time before the date of the appointment as may be prescribed by regulation.
Subsection 6(1) does not apply to appointments made under paragraph (1)(a).
The reference to “6 consecutive months” in subsection (3) shall be read as a reference to “4 months” if the person who has held or had held the position was a university or community college student or an apprentice as defined in the Apprenticeship and Occupational Certification Act.
The Secretary to Treasury Board and any deputy head to whom a power of appointment has been delegated shall ensure that processes surrounding competitions, appointments and any review processes provided for under this Act are conducted in a timely manner with integrity, respect and impartiality. 2009, c.21, s.13; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
1992, c.63, s.8; 1993, c.68, s.5; 1998, c.21, s.1; 2002, c.11, s.15; 2009, c.21, s.14; 2010, c.17, s.2; 2019, c.12, s.4
A deputy head or his or her delegate may make a casual or temporary appointment in accordance with this section.
Subsection 6(1) does not apply to an appointment under this section.
If the work requirements are temporary or sporadic in nature, a casual appointment, or a series of casual appointments, may be made, but no appointment shall be made if the total of the time worked by the person under all previous casual or temporary appointments in the same portion of the Civil Service exceeds 260 paid days in a 24 month period.
Subsection (3) does not apply to a university or community college student or an apprentice as defined in the Apprenticeship and Occupational Certification Act.
If the work requirements are anticipated to be for an anticipated term of one year or more, a temporary appointment may be made for a term that is not less than one year and not more than 3 years, but no appointment shall be made if the total of the consecutive terms of all previous casual or temporary appointments of that person in the same portion of the Civil Service exceeds 3 years.
A temporary appointment may be made of a person who would otherwise be ineligible for an appointment under subsection (5) only if a period of 12 months has elapsed since that person last ceased to work in that portion of the Civil Service.
A person who holds a position under a casual or temporary appointment may apply for any closed competition after having held the position for a minimum of 6 consecutive months.
A person who holds a position under a temporary or casual appointment before the commencement of this subsection and whose employment was not terminated before the commencement of this subsection continues to be so employed, unless such employment is terminated.
1987, c.10, s.1; 1988, c.6, s.3; 2009, c.21, s.15
A minister may appoint his executive assistant and other members of his personal staff.
A person who is employed under subsection (1) ceases to be so employed thirty days after the person holding the position of such minister ceases to hold that position.
Repealed: 1988, c.6, s.3
A person who is employed under subsection (1) may be a candidate in closed competitions while so employed at any time after six months immediately following the date that person becomes employed under subsection (1) and, in relation to a closed competition in which that person is a candidate, has the status of an employee for the purposes of sections 33, 33.1 and 33.2.
Subject to any direction of a special or general character that may be made pursuant to the Financial Administration Act, the Secretary to Treasury Board, after consultation with the deputy head concerned, may make an appointment to a position at any rate in the scale of rates of pay that may be established for that position. 2002, c.11, s.16; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
Subject to the provisions of this Act or any other Act, termination of the employment of a deputy head or an employee shall be governed by the ordinary rules of contract.
1992, c.63, s.9
An employee who is appointed for a specified period ceases to be an employee at the expiration of that period.
A person who is appointed on a temporary or casual basis ceases to be employed at the expiration of the temporary or casual employment.
Every deputy head and employee shall, upon appointment to the Civil Service, take and subscribe the following oath or make and substitute the following affirmation:
1988, c.6, s.4; 1998, c.21, s.2; 1998, c.41, s.18; 2002, c.11, s.17; 2010, c.N-4.05, s.57; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
An employee appointed on other than a temporary or casual basis shall be considered to be on probation from the date of his appointment for a period of six months immediately following the date on which the person reports to the deputy head or his designate for duty; and on the expiration of such period of six months the deputy head or his designate may extend the probationary period for further periods of three months but, subject to subsection (2), the total probationary period shall not exceed twelve months.
In the event of the absence of an employee from duty for a continuous period exceeding thirty calendar days during the probationary period, which the deputy head of the portion of the Civil Service in which the employee is employed certifies as having been unavoidable, the probationary period shall be extended for a period equal to the number of days of such absence.
Where an appointment is made from within the Civil Service, the deputy head or his designate may, if he considers it appropriate in any case, reduce or waive the probationary period.
The deputy head of the Department of Post-Secondary Education, Training and Labour or his or her designate may, if he or she considers it appropriate in any case, waive the probationary period of a term instructor at the New Brunswick College of Craft and Design in relation to the second or subsequent appointment of the term instructor to the same position or a similar position at the New Brunswick College of Craft and Design.
The deputy head may, at any time during the probationary period, give notice to the employee and to the Secretary to Treasury Board that he intends to reject the employee at the end of such notice period as the Secretary to Treasury Board may establish for any employee or class of employees and, unless the Secretary to Treasury Board appoints the employee to another position in the Civil Service before the end of the notice period applicable in the case of the employee, the employee ceases to be an employee at the end of that period.
Notwithstanding anything in this Act, a person who ceases to be an employee pursuant to subsection (4)
(a) shall, if the appointment held by him was made from within the Civil Service, and
(b) may in any other case,
An employee may resign from the Civil Service by giving to the deputy head or his designate notice in writing of his intention to resign and the employee ceases to be an employee on the day as of which the deputy head or his designate accepts in writing his resignation.
An employee who is absent from duty for a period of five consecutive working days or more, otherwise than for reasons over which, in the opinion of the deputy head, the employee has no control, may be declared by the deputy head to have abandoned the position he occupied, and thereupon the employee ceases to be an employee.
1992, c.63, s.10; 2002, c.11, s.18; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
When the services of an employee are no longer required because of lack of work or because of the discontinuance of a function, the deputy head, in accordance with regulations made by the Board, may lay off the employee.
An employee ceases to be an employee when he is laid off pursuant to subsection (1).
Notwithstanding anything in this Act, for a period of one year after an employee has been laid off, the name of the employee who has been laid off shall be placed by the Secretary to Treasury Board on those eligibility lists for which in the opinion of the Secretary to Treasury Board the employee is qualified.
Notwithstanding subsection (2), an employee who is laid off is entitled during such period as the Secretary to Treasury Board may determine for any case or class of cases, to enter any closed competition for which he would have been eligible had he not been laid off.
Repealed: 1992, c.87, s.1 1992, c.87, s.1
1994, c.62, s.1
No person who is a deputy head or an employee shall
(a) directly or indirectly use the authority or official influence inherent in the person’s position as a deputy head or an employee to control, modify or otherwise influence the political activities of another person,
(b) engage in any form of political activity during working hours, or
(c) at any time engage in a political activity in a manner or to an extent that could result in a perception that the person is not fulfilling the duties and responsibilities of the person’s position impartially or effectively or that otherwise could cause the person not to be in compliance with the oath taken under section 22.
No person shall, in any manner,
(a) compel a deputy head or an employee to take part in a political activity or contribute money to the funds of a candidate in any election or of a political party,
(b) threaten or discriminate against a deputy head or an employee because the deputy head or employee refused to engage in any political activity or contribute money to the funds of a candidate in any election or of a political party, or
(c) subject to section 27.4, threaten or discriminate against a deputy head or an employee because the deputy head or employee engaged in political activity or contributed money to the funds of a candidate in any election or of a political party.
1994, c.62, s.1
In this section
“central agency” means a portion of the public service of the Province prescribed by regulation for the purposes of this definition;(organisme central)
“politically restricted employee” means a person, other than a deputy head in the Premier’s Office, who is(employé limité dans son activité politique)
(a) a deputy head,
(b) an employee who occupies a position that is classified in the senior executive group or who has responsibilities equivalent to those of positions classified in the senior executive group,
(c) an employee whose duties and responsibilities as an employee include providing advice, opinions, proposals, recommendations, analyses or policy options to the Premier, a Minister, Executive Council, a member of Executive Council, a committee of or a member of a committee of Executive Council or a deputy head,
(d) an employee whose duties and responsibilities as an employee include providing legal advice or other legal services to the Premier, a Minister, Executive Council, a member of Executive Council, a committee of or a member of a committee of Executive Council, a deputy head or any other employee, or
(e) an employee of a central agency who participates in decision making in relation to, or otherwise actively contributes to, the formulation of policies of the provincial government.
If an employee and the deputy head of the portion of the Civil Service in which the employee works do not agree as to whether or not the employee is a politically restricted employee as described in paragraphs (a) to (e) of the definition “politically restricted employee” in subsection (1), the determination of the deputy head shall prevail and be final.
Subject to subsection (5), no politically restricted employee shall
(a) work for, on behalf of or against
(i) a candidate for election as a member of the House of Commons of Canada or a member of the Legislative Assembly, or
(ii) a registered political party, or
(b) be a candidate for election as a member described in subparagraph (a)(i).
Subject to subsection (5), a politically restricted employee who intends to work for, on behalf of or against a candidate or a registered political party or to be a candidate, as described in paragraph (3)(a) or (b), shall resign from his or her position effective on or before commencing the work or publicly announcing an intention to run, as the case may be.
A politically restricted employee does not violate subsection (3) and is not required to resign under subsection (4) by reason only of attending a political meeting, contributing money for the funds of a candidate for election as a member described in subparagraph (3)(a)(i) or contributing money for the funds of a registered political party.
1994, c.62, s.1
This section applies to employees who are not politically restricted employees as described in, or by reason of the operation of, section 27.2.
An employee who intends to run as a candidate in a federal or provincial election shall, before publicly announcing an intention to run and before filing nomination papers with the returning officer, apply to the employee’s deputy head for, and obtain, a leave of absence without pay.
A deputy head may grant a leave of absence without pay to an employee applying under subsection (2) for the purpose of seeking nomination as a candidate and of being a candidate in a federal or provincial election.
A leave of absence under this section
(a) shall commence no later than the day on which the employee files the nomination papers with the returning officer, and
The time period during which a leave of absence under this section is taken shall not count as service.
The taking of a leave of absence under this section shall not be considered to be a break in service.
If an employee takes a leave of absence under this section, is not nominated as or ceases to be a candidate before the election occurs and notifies the deputy head in writing at least fourteen days before the leave terminates that he or she wishes both to terminate the leave and return to the employee’s position earlier than the original termination day, the employee may return to the position on
(a) the fourteenth day after the day on which the notice is given, or
(b) another day preceding the original termination day, if the deputy head and the employee agree on such a day.
If an employee takes a leave of absence under this section, runs in the election as a candidate and is not officially declared elected, the employee may return to the employee’s position on a day that is between the day of the declaration and the original termination day, if the deputy head and the employee agree on such a day.
If an employee takes a leave of absence under this section and is officially declared elected in the election to the House of Commons of Canada or to the Legislative Assembly, the employee’s leave terminates and the employee ceases to be an employee on the day of the declaration.
In any case where the Lieutenant-Governor in Council decides, on the recommendation of the Secretary to Treasury Board, that it is not practicable nor in the best interests of the Civil Service to apply this Act or any provision of this Act to any position or person or class of positions or persons, the Lieutenant-Governor in Council may, by regulation, exclude such position or person or class of positions or persons in whole or in part from the operation of this Act; and the Lieutenant-Governor in Council may, on the recommendation of the Secretary to Treasury Board, reapply any of the provisions of this Act to any position or person or class of positions or persons so excluded. 2002, c.11, s.19; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
Repealed: 1993, c.68, s.7 1988, c.6, s.5; 1993, c.68, s.7
Repealed: 1993, c.68, s.8 1993, c.68, s.8
1992, c.87, s.2; 1993, c.68, s.10; 2002, c.11, s.20; 2009, c.21, s.16; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27; 2017, c.1, s.6
The Ombud
(a) may engage any persons as the Ombud considers necessary in order to fulfil the Ombud’s responsibilities under this Act,
(b) may investigate and report upon a complaint made under section 33.2,
(c) may, in such manner and subject to such terms and conditions as the Ombud directs, delegate in writing to persons designated by the Ombud any of the powers of the Ombud under this Act, except the power to engage persons under paragraph (a), the power of delegation, the power of appointment and the power to make an annual report required under subsection 36(1) and may revise or rescind and reinstate any such delegation,
(d) may advise the Secretary to Treasury Board of matters discovered during investigations and make recommendations with respect to those matters, and
(e) may do such other acts and things as may be necessary for the proper administration of the provisions of this Act for which the Ombud is responsible.
A person purporting to exercise a power of the Ombud by virtue of a designation under paragraph (1)(c) shall produce evidence of the authority to exercise that power when required to do so.
For the purposes of any investigation or hearing conducted under this Act, the Ombud has all the powers and privileges conferred on a commissioner appointed under the Inquiries Act for the purposes of that Act and that Act, when applicable to and not inconsistent with this Act, applies to this Act. 1993, c.68, s.11; 2017, c.1, s.6
If a conflict exists between this Act or any regulation made under it and the Ombud Act or any regulation made under it, this Act and any regulation made under it shall prevail. 1993, c.68, s.11; 2017, c.1, s.6
Despite subsection 12(2) and section 14 of the Ombud Act and section 33.2 of this Act, the Ombud, an assistant or employee of Ombud New Brunswick or any other person appointed or designated to act on behalf of the Ombud or to whom the Ombud has delegated any powers of the Ombud shall not 1993, c.68, s.11; 2009, c.21, s.17; 2017, c.1, s.6
(a) commence or continue to hear a complaint or investigate a complaint under this Act if the subject of the complaint has been, becomes or is the subject of an investigation or the making of recommendations under the Ombud Act, or
(b) commence or continue, under the Ombud Act, to investigate or make recommendations respecting a grievance or other matter if the subject of the grievance or other matter, after the commencement of this paragraph, was or becomes or is the subject of an investigation or complaint under this Act.
Repealed: 2009, c.21, s.19 1993, c.68, s.12; 2002, c.11, s.21; 2009, c.21, s.18; 2009, c.21, s.19
1992, c.63, s.11; 1993, c.68, s.13; 2002, c.11, s.22; 2009, c.21, s.21; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
If an employee applies for a closed competition and is unsuccessful in obtaining the appointment, the employee may, within 30 days after being notified under subsection (2), request an explanation from the Secretary to Treasury Board as to the reasons why he or she was not successful.
The Secretary to Treasury Board shall notify each employee who has been unsuccessful in a competition referred to in subsection (1) as soon as practicable after the successful candidate has been appointed.
The Secretary to Treasury Board shall provide the unsuccessful candidate with an explanation as soon as practicable, but in any event not later than 30 days after the date on which he or she received the request.
2009, c.21, s.22; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
If a candidate is screened in for further assessment under subsection 11(2) in an open competition or a closed competition, and is unsuccessful in obtaining an appointment, the candidate may, after being notified under subsection (2), make a complaint to the Secretary to Treasury Board if the candidate has reason to believe that the successful candidate was appointed to the position because of favouritism.
The Secretary to Treasury Board shall notify each unsuccessful candidate who has been screened in for further assessment under subsection 11(2) as soon as practicable after the successful candidate has been appointed.
When making a complaint, the unsuccessful candidate shall provide in writing the reasons why he or she believes that the appointment was made due to favouritism.
The Secretary to Treasury Board shall, subject to subsection (5), investigate the complaint.
The Secretary to Treasury Board may refuse to investigate the complaint if he or she is of the opinion that the complaint is frivolous, trivial, vexatious or not made in good faith.
The Secretary to Treasury Board shall, if ceasing or refusing to investigate a complaint, give the complainant written notice to that effect together with the reasons for doing so.
The Secretary to Treasury Board shall reply to the complainant in writing as to his or her findings as soon as is reasonably practicable.
If the Secretary to Treasury Board finds that an appointment has been made on the basis of favouritism, he or she shall take such measures as he or she considers appropriate, up to and including the setting aside of the appointment of the successful candidate.
An appointment referred to in subsection (1) shall not be set aside if more than 6 months have elapsed after it was made.
2009, c.21, s.22; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27; 2017, c.1, s.6
If an unsuccessful candidate is not satisfied with the response of the Secretary to Treasury Board, he or she may, within 30 days after receiving the response, file a complaint with the Ombud that the successful candidate was appointed to the position because of favouritism.
When making a complaint, the unsuccessful candidate shall provide in writing the reasons why he or she believes that the appointment was made due to favouritism.
The Ombud shall, subject to subsection (4), investigate the complaint.
The Ombud may refuse to investigate the complaint if he or she is of the opinion that the complaint is frivolous, trivial, vexatious or not made in good faith.
The Ombud shall, if ceasing or refusing to investigate a complaint, give the complainant written notice to that effect together with the reasons for doing so.
The Ombud, if deciding to investigate a complaint,
(a) shall inform the Secretary to Treasury Board and the deputy head concerned of the decision,
(b) shall make the findings of the investigation known to the complainant, the Secretary to Treasury Board and the deputy head concerned, and
(c) may include the findings in the Ombud’s annual report to the Legislative Assembly.
An appointment in respect of which a complaint is made in accordance with subsection (1) may, on the recommendation of the Ombud, be revoked by the Secretary to Treasury Board within 12 months after the appointment is made.
Deputy heads, employees and Service New Brunswick shall give the Ombud access to their respective offices and facilities and provide assistance and information as the Ombud may require for the performance of the Ombud’s duties under this Act. 1993, c.68, s.14; 2017, c.1, s.6; 2017, c.63, s.62
1993, c.68, s.15; 2017, c.1, s.6
No proceedings lie against a person who is the Ombud or an assistant or employee of Ombud New Brunswick for anything the person may do, report or say in the course of the exercise or the intended exercise of any of the person’s functions under this Act, unless it is shown that the person acted in bad faith.
The Ombud or an assistant or employee of Ombud New Brunswick shall not be called to give evidence in any court or in any proceeding of a judicial nature respecting anything coming to the person’s knowledge in the exercise or the intended exercise of any of the person’s functions under this Act.
1988, c.6, s.6; 1993, c.68, s.16; 2007, c.30, s.20; 2009, c.21, s.23; 2017, c.1, s.6
The Ombud shall report annually to the Legislative Assembly
(a) on the exercise of the Ombud’s functions under this Act, and
(b) on whether or not, in carrying out those functions, all required assistance, information and explanations were received.
(c) Repealed: 2009, c.21, s.23
The Ombud shall submit each annual report required under subsection (1) to the Speaker of the Legislative Assembly within nine months after the end of the fiscal year to which the report relates and the Speaker of the Legislative Assembly shall table it before the Assembly
(a) forthwith after receiving it, if the Assembly is then in session, or
(b) within ten days after the commencement of the next ensuing session of the Assembly, if the Legislative Assembly is not then in session.
The Secretary to Treasury Board shall, within nine months after the end of each fiscal year, submit to the Chairman of the Board a report in such form as the Chairman of the Board directs with respect to staffing and appointments in the Civil Service and any other matters connected therewith and the Chairman of the Board shall table such report before the Legislative Assembly forthwith after receipt by him or, if the Legislative Assembly is not then in session, within ten days after the commencement of the next ensuing session of the Legislative Assembly. 1988, c.6, s.7; 2002, c.11, s.23; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
This Act applies to all employees in the Civil Service whether appointed before or after the coming into force of this Act.
A reference in any of the provisions of this Act to a period of employment shall be construed as including employment before as well as after the coming into force of this Act.
1993, c.68, s.17
Every person who was employed in the Civil Service at the time this Act or any provision thereof comes into force continues to be so employed subject to the provisions of this Act.
Repealed: 1993, c.68, s.17
Where in any enactment, other than this Act, there is a reference to the Civil Service Act in relation to any matter that may be performed, prescribed, established, determined, regulated or otherwise dealt with under that Act, the reference shall be construed as a reference to this Act.
In this section, “enactment” includes a regulation, order or other instrument made under the authority of an Act.
Repealed: 1993, c.68, s.18 1993, c.68, s.18
The Lieutenant-Governor in Council may make regulations 1992, c.63, s.12; 1993, c.68, s.19; 1994, c.62, s.2; 2009, c.21, s.24
(a) prescribing the portions of the public service for the purposes of the definition “Civil Service”;
(a.1) prescribing portions of the public service for the purposes of paragraph (b) of the definition “closed competition”;
(a.2) Repealed: 2009, c.21, s.24
(a.3) prescribing employment equity programs for the purposes of paragraph (e) of the definition “closed competition”;
(a.4) prescribing other persons for the purposes of paragraph (f) of the definition “closed competition”;
(a.5) prescribing chief administrative officers and special operating agencies for the purposes of subsection 3.1(2.1);
(b) Repealed: 1993, c.68, s.19
(b.1) prescribing portions of the public service of the Province for the purposes of the definition “central agency” in subsection 27.2(1);
(c) designating any class of persons for the purposes of paragraph 10(1)(c);
(c.1) prescribing employment equity programs for the purposes of paragraph 16(1)(a);
(c.2) prescribing human resource development programs for the purposes of paragraph 16(1)(b); and
(c.3) prescribing the period of time applicable for the purposes of subparagraph 16(1)(d)(ii);
(d) respecting such other matters and things as are necessary to carry out the purposes and provisions of this Act.
The Board may, with the approval of the Lieutenant-Governor in Council, make regulations 1993, c.68, s.20; 1998, c.21, s.3; 2002, c.11, s.24; 2009, c.21, s.25; 2012, c.39, s.26; 2012, c.52, s.10; 2016, c.37, s.27
(a) respecting the standards and procedures to be followed in recruitment, selection and appointments, including the records to be kept in relation thereto;
(b) Repealed: 2009, c.21, s.25
(c) respecting eligibility lists;
(d) prescribing the conditions and procedures for layoff, rejection from employment and subsequent reappointment;
(e) respecting probation;
(f) Repealed: 2009, c.21, s.25
(f.1) defining “paid day” for the purposes of section 17;
(g) Repealed: 1993, c.68, s.20
(h) respecting the confidentiality of records or other documents kept under this Act and the disclosure of information contained therein;
(i) governing the exercise of the powers and the performance of the duties of the Secretary to Treasury Board;
(j) Repealed: 2009, c.21, s.25
(k) respecting all such other matters and things as are necessary to carry out the provisions of this Act for which the Board or the Secretary to Treasury Board is responsible.
Repealed: 1993, c.68, s.21 1993, c.68, s.21