BILL 43



An Act to Amend the Civil Service Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1Section 17 of the Civil Service Act, chapter C-5.1 of the Acts of New Brunswick, 1984, is amended

(a)in subsection (1) by striking out the portion preceding paragraph (a) and substituting the following:

17(1)Temporary or casual appointments may be made by a deputy head or his or her designate

(b)by repealing subsection (2);

(c)by repealing subsection (3) and substituting the following:

17(3)Notwithstanding subsection (1), a person whose employment is of a temporary or casual nature shall not be employed in any one portion of the Civil Service for a total of more than two hundred and sixty paid days in a twenty-four month period.

(d)by repealing subsection (4) and substituting the following:

17(4)Notwithstanding subsection (3), the Secretary of the Board may extend a temporary or casual appointment for a period or periods exceeding that authorized under subsection (3) if the person whose appointment is extended is employed to cover off a position held by a person on authorized leave, but the appointment shall not be extended so that the person is employed for a total of more than twenty-eight months under subsection (3) and this subsection.

(e)by adding after subsection (4) the following:

17(5)A person whose employment was of a temporary or casual nature before the commencement of this subsection and was not terminated before the commencement of this subsection continues to be so employed, subject to the provisions in this section in force before the commencement of this subsection and the regulations in force before the commencement of this subsection, unless such employment is terminated.

2Section 23 of the Act is amended by adding after subsection (3) the following:

23(3.1)The deputy head of the Department of Advanced Education 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 Community College in relation to the second or subsequent appointment of the term instructor to the same position or a similar position at the New Brunswick Community College.

3Section 42 of the Act is amended by adding after paragraph (f) the following:

(f.1)defining "paid day" for the purposes of section 17;

4Sections 1 and 3 of this Act or any provision of them come into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

17(1)Temporary or casual appointments for a period not exceeding six months may be made by a deputy head or his designate

(a)when, from a temporary pressure of work, extra assistance is required;

(b)when there is no qualified person suitable for the position to be filled until a qualified person is appointed to the position; and

(c)in such other circumstances as may be provided by regulations made by the Board.

(b)The existing provision is as follows:

17(2)Temporary or casual appointments may be extended by the Secretary of the Board in accordance with the regulations made by the Board.

(c)The existing provision is as follows:

17(3)Notwithstanding subsections (1) and (2), a person whose employment is of a temporary or casual nature shall not be employed in any one portion of the Civil Service for a total of more than twelve months in a twenty-four month period.

(d)The existing provision is as follows:

17(4)Notwithstanding subsections (1), (2) and (3), the Secretary of the Board may extend a temporary or casual appointment for a period or periods exceeding those authorized under those subsections if the person whose appointment is extended is employed to cover off a position held by a person on authorized leave, but the appointment shall not be extended so that the person is so employed for a total of more than twenty-eight months.

(e)A transitional provision is added for the purposes of the amendments to section 17 of the Civil Service Act made under this section of this amending Act.

Section 2

The probationary period of a term instructor at the New Brunswick Community College may be waived in certain circumstances.

Section 3

Regulation-making authority is added.

Section 4

Commencement provision.

Chapter Outline Update

Sections 1 to 4

No change required.

Endorse: Hon. Edmond P. Blanchard, Q.C.


Last Modified: 02:44pm , February 10, 1998