PUBLIC SERVICE ACT

Chapter P‑42

Table of Contents

                1       Definitions

                2       Application of Act

Corporate Human Resources

                4       Personnel Administration Office

                5       Public Service Commissioner

                6       Duties of Commissioner

                7       Access to records

Organization and Management of Departments

                8       Powers and duties of deputy head

                9       Delegation of powers and duties

Classification of Positions

              10       Classification plan

              11       Exclusion from classification plan

              12       Regulations

Salary Determination

              13       Official Pay Plan

              14       Salary recommendations

Recruitment, Selection and Appointment

              15       Policy governing appointments

              16       Filling of positions

              17       Competitions

              18       Appointments

              19       Probationary appointments

Conditions of Service

              20       Oath of office

              21       Regulations

              22       Abolishment of position

              23       Code of conduct and ethics

           23.1       Post‑employment limitations and restrictions

              24       Certain dealings by employees prohibited

              25       Disciplinary action

General

              26       Wage employees

              27       Certificate of appointment as evidence

              28       Contract of employment

              29       Employment on fee‑for‑service basis

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                                 (a)    “Commissioner” means the Public Service Commissioner appointed pursuant to this Act;

                                 (b)    “department” means

                                           (i)    a department of the Government or of the public service of Alberta established under the Government Organization Act,

                                          (ii)    a part of the public service of Alberta that is not part of a department referred to in subclause (i) and that is designated as a department for the purposes of this Act by the Lieutenant Governor in Council, or

                                         (iii)    the Legislative Assembly Office,

                                          and includes, as the case may be, the part of a department

                                         (iv)    administered by a department head referred to in clause (c)(viii)(B), or

                                          (v)    for which a deputy head referred to in clause (d)(viii)(B) is responsible to the department head;

                                 (c)    “department head” means

                                           (i)    the Speaker with respect to the Legislative Assembly Office,

                                          (ii)    the Auditor General with respect to the Office of the Auditor General,

                                         (iii)    the Ombudsman with respect to the Office of the Ombudsman,

                                         (iv)    the Chief Electoral Officer with respect to the Office of the Chief Electoral Officer,

                                          (v)    the Ethics Commissioner with respect to the Office of the Ethics Commissioner,

                                         (vi)    the Information and Privacy Commissioner with respect to the Office of the Information and Privacy Commissioner,

                                        (vii)    the chair of the Labour Relations Board with respect to the staff of that Board, or

                                       (viii)    with respect to any other department,

                                                 (A)    the member of the Executive Council having the administration of the department, or

                                                  (B)    where the administration of the department is assigned to 2 or more members of the Executive Council, each member with respect to the part of the department over which that member has the administration;

                                 (d)    “deputy head” means

                                           (i)    the Clerk of the Legislative Assembly with respect to the Legislative Assembly Office,

                                          (ii)    the Auditor General with respect to the Office of the Auditor General,

                                         (iii)    the Ombudsman with respect to the Office of the Ombudsman,

                                         (iv)    the Chief Electoral Officer with respect to the Office of the Chief Electoral Officer,

                                          (v)    the Ethics Commissioner with respect to the Office of the Ethics Commissioner,

                                         (vi)    the Information and Privacy Commissioner with respect to the Office of the Information and Privacy Commissioner,

                                        (vii)    the chair of the Labour Relations Board with respect to the staff of that Board, or

                                       (viii)    with respect to any other department,

                                                 (A)    the chief officer of the department, or

                                                  (B)    if there is more than one chief officer of the department, the chief officer of that part of the department for which that chief officer is responsible to the department head;

                                 (e)    “employee” means a person appointed to a position pursuant to this Act;

                                  (f)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act.

RSA 1980 cP‑31 s1;1983 cL‑10.1 s57(16);1984 c14 s9;
1991 cC‑22.1 s53;1994 cF‑18.5 s97;1994 cG‑8.5 s63;
1994 c19 s3

Application of Act

2(1)  Except as otherwise provided in this Act or any other enactment, this Act applies to all departments.

(2)  The Auditor General, the Chief Electoral Officer, the Ombudsman, the Ethics Commissioner, the Information and Privacy Commissioner and the chair of the Labour Relations Board shall be considered as employees for the purposes of this Act except in relation to their appointment, salary and tenure of office or any other conditions prescribed by the Act under which they are appointed.

(3)  This Act does not impair nor otherwise affect an already established authority or control of the courts and judges over their officers.

(4)  The Lieutenant Governor in Council may, on the recommendation of the Minister, make any provisions of this Act inapplicable to any employee or class or group of employees, other than an employee who is a member of a bargaining unit under the Public Service Employee Relations Act.

(5)  A person who is appointed or employed

                                 (a)    in accordance with,

                                 (b)    pursuant to, or

                                 (c)    subject to,

this Act, is an employee of the Crown in right of Alberta.

RSA 1980 cP‑31 s2;1983 cL‑10.1 s57(16);1994 c19 s3;1998 c23 s18

 

3   Repealed 2003 c2 s1(27).

 

Corporate Human Resources

Personnel Administration Office

4(1)  There is hereby established within the public service of Alberta an office to be known as “Corporate Human Resources”.

(2)  Subject to this Act, any employees required may be appointed to the staff of Corporate Human Resources.

RSA 2000 cP‑42 s4;2007 c15 s2

Public Service Commissioner

5(1)  The Lieutenant Governor in Council shall appoint a Public Service Commissioner who shall administer this Act subject to the general direction of the Minister.

(2)  The Commissioner is the deputy head of Corporate Human Resources.

(3)  The Commissioner may

                                 (a)    delegate any powers, duties or functions conferred or imposed on the Commissioner by this Act or the regulations to an officer of Corporate Human Resources;

                                 (b)    with respect to the employees of any department or any class or group of those employees, delegate any powers, duties or functions conferred or imposed on the Commissioner by this Act or the regulations to the deputy head of that department or an officer of that department;

                                 (c)    amend, replace or revoke any delegation made under this subsection;

                                 (d)    make any delegation made under this subsection subject to any conditions the Commissioner prescribes.

RSA 2000 cP‑42 s5;2007 c15 s2

Duties of Commissioner

6(1)  The Commissioner shall

                                 (a)    advise the Minister respecting human resource policies, regulations and procedures;

                                 (b)    keep informed of developments in human resource administration so that they may be applied where desirable to the public service;

                                 (c)    advise and assist departments in the conduct of departmental human resource activities;

                                 (d)    provide on the request of a department, management advisory services in such areas as employee training and development, human resource planning and organization studies;

                                 (e)    advise the Minister as to how employee training programs of interdepartmental application may be co‑ordinated between departments;

                                  (f)    conduct programs and investigations and prepare reports as required by the Minister or the Treasury Board concerning any aspect of staff utilization in the public service;

                                 (g)    maintain the records that the Commissioner considers necessary for the proper administration of this Act or as directed by the Minister;

                                 (h)    prescribe the use of forms as may be required for carrying out this Act and the regulations;

                                  (i)    represent the Crown in right of Alberta under the Public Service Employee Relations Act.

(2)  The Commissioner shall make an annual report to the Minister on the operations of Corporate Human Resources for the preceding fiscal year that shall be laid before the Legislative Assembly at the next sitting of the Legislature.

RSA 2000 cP‑42 s6;2007 c15 s2

Access to records

7   The Commissioner and any officers of Corporate Human Resources designated by the Commissioner for the purpose are entitled to access to the records and files of every department for the purpose of examining them and taking extracts from them or making copies of them when the records relate to human resource matters of that department or contain statistical information that is in the Commissioner’s opinion required by the Commissioner for the purpose of enabling the Commissioner to carry out the Commissioner’s duties under this Act and the regulations.

RSA 2000 cP‑42 s7;2007 c15 s2

Organization and Management of Departments

Powers and duties of deputy head

8(1)  Subject to the general direction of the department head, the deputy head

                                 (a)    shall oversee and control the attendance, conduct and work performance of the employees in the deputy head’s department,

                                 (b)    may, subject to any other Act relating to the organization of a department, divide the department into branches and divisions and assign duties to positions as required for the effective performance of the department’s functions, and

                                 (c)    may appoint an acting officer to have, during the absence of the incumbent, the power and authority of the office for which the acting officer is appointed to act, unless such an appointment is otherwise provided for by any other Act.

(2)  For the purposes of this Act, a deputy head has the powers and may perform the duties of the deputy head’s department head.

(3)  A department head may appoint an employee of that department as the acting deputy head of that department, and an acting deputy head so appointed has, during the absence of the deputy head or a vacancy in the office of the deputy head, the powers and duties of the deputy head.

RSA 1980 cP‑31 s7

Delegation of powers and duties

9   A department head may, subject to the regulations, delegate any of the powers and duties granted to the department head by this Act to designated officials of the department head’s department.

RSA 1980 cP‑31 s8

Classification of Positions

Classification plan

10(1)  The Minister may with the approval of the Lieutenant Governor in Council establish one or more classification plans defining and designating the classes of positions in the public service

                                 (a)    as a basis for uniform treatment of employees performing the same kind and level of work, and

                                 (b)    to provide a systematic basis for organization and administration.

(2)  Each position in a department shall be allocated to a class in a classification plan by the Commissioner.

(3)  The Minister may from time to time amend a classification plan without the approval of the Lieutenant Governor in Council.

RSA 1980 cP‑31 s9

Exclusion from classification plan

11(1)  Notwithstanding section 10, the classification plan shall not include the positions of deputy ministers and any other positions or classes of positions that are excluded from it by the Minister with the approval of the Lieutenant Governor in Council.

(2)  Before approving the exclusion of a position or class of positions from the classification plan, the Lieutenant Governor in Council shall obtain a report from the Commissioner as to the desirability of that action.

RSA 1980 cP‑31 s10

Regulations

12(1)  The Minister shall make regulations

                                 (a)    providing for the establishment of one or more classification appeal boards,

                                 (b)    providing, in the case of each board so established, for the manner in which its members are to be appointed and its chair designated, and

                                 (c)    prescribing the procedure for appeals to a classification board and for the conduct of the appeals before a board.

(2)  An employee or a department head may appeal the allocation of a position in a classification plan in accordance with the regulations.

(3)  A classification appeal board shall, on concluding an appeal under this section, either dismiss the appeal or re‑allocate the position concerned.

(4)  A decision of a classification appeal board under this section is binding on the Commissioner, the department head, the deputy head and the employee.

RSA 1980 cP‑31 s11;1983 c45 s3

Salary Determination

Official Pay Plan

13(1)  The Minister, with the approval of the Lieutenant Governor in Council, shall establish an Official Pay Plan for each classification plan established under section 10 showing in each case a salary range for each class in the classification plan.

(2)  If a position or class of positions is

                                 (a)    included in a classification plan, but

                                 (b)    the person in the position or class is not included in or is excluded from a bargaining unit under the Public Service Employee Relations Act,

the Commissioner shall consult the head of any department concerned before recommending that the Official Pay Plan for that classification plan be amended.

(3)  The Minister may from time to time amend an Official Pay Plan without the approval of the Lieutenant Governor in Council.

RSA 1980 cP‑31 s12;1983 c34 s4

Salary recommendations

14(1)  The Commissioner shall, at the request of the Minister, prepare salary recommendations in respect of positions that are excluded from a classification plan pursuant to section 11.

(2)  The Lieutenant Governor in Council shall establish salary ranges for positions so excluded.

RSA 1980 cP‑31 s13

Recruitment, Selection and Appointment

Policy governing appointments

15   Each appointment to, and promotion within, the public service shall be predicated on the selection of the most suitable applicant but wherever possible preference shall be given to in‑service applicants in order to establish a career service and to provide incentive and reward for good work performance and self‑development.

RSA 1980 cP‑31 s14

Filling of positions

16(1)  The Commissioner shall designate the positions or classes of positions in a classification plan as those to be filled by

                                 (a)    in‑service promotion where

                                           (i)    due to the necessity for prior experience in the public service or due to the existence of a formal in‑service training plan, it is unlikely that better applicants can be found outside the service, and

                                          (ii)    the eligible employees are sufficiently well‑known that competition procedure is unnecessary,

                                 (b)    departmental competitions where the type of work is such that a large number of well‑qualified applicants exists within the department,

                                 (c)    limited competition where a large number of well‑qualified applicants exists within the service, or

                                 (d)    open competitions where sufficient in‑service applicants would not normally be forthcoming to ensure a good selection.

(2)  Notwithstanding subsection (1), a department head may request that any position designated to be filled by in‑service promotion or departmental competition be filled by limited or open competition.

(3)  The Commissioner may exempt an appointment from competition if the Commissioner is satisfied that

                                 (a)    the person to be appointed has specialized knowledge or qualifications that are unlikely to be bettered through competition,

                                 (b)    the urgency of the requirement is such as to render the competition procedure impracticable, or

                                 (c)    the exemption is necessary for the effective utilization of employees.

RSA 1980 cP‑31 s15;1983 c45 s4

Competitions

17(1)  Departmental competitions shall be conducted by the department head.

(2)  Limited and open competitions shall be conducted by the Commissioner.

(3)  Competitions conducted by a department head must be conducted in accordance with the rules and procedures prescribed by the Commissioner.

RSA 1980 cP‑31 s16

Appointments

18(1)  All appointments to positions in a classification plan shall be made by the department head.

(2)  When a position

                                 (a)    is to be filled by in‑service promotion or by limited or open competition, or

                                 (b)    is exempt from competition under section 16(3)(a) or (b),

an appointment to the position is subject to certification that the person to be appointed is qualified for the position.

(3)  The certification shall be made in accordance with the directions of the Commissioner and by the persons authorized to do so by those directions.

(4)  Appointments made to positions excluded from a classification plan pursuant to section 11 shall be made by order of the Lieutenant Governor in Council on the recommendation of the department head.

RSA 1980 cP‑31 s17;1983 c45 s5

Probationary appointments

19(1)  On commencing employment in the public service, each employee is on probationary appointment during the period the regulations specify.

(2)  An employee may be granted permanent appointment on satisfactory completion of a probationary period.

(3)  An employee who is hired specifically for a temporary position may be granted a temporary appointment.

RSA 1980 cP‑31 s18

Conditions of Service

Oath of office

20(1)  Every new employee shall take and subscribe an oath in the following form:

                                          I,             , do swear that I will execute according to law and to the best of my ability the duties required of me as an employee in the public service of Alberta and that I will not, without due authorization, disclose or make known any matter or thing which comes to my knowledge by reason of my employment in the public service.

(2)  Any employee who without due authorization discloses or makes known any matter or thing that comes to the employee’s knowledge by reason of the employee’s employment in the public service of Alberta is guilty of an offence and liable to a fine of not more than $500.

RSA 1980 cP‑31 s20

Regulations

21   Subject to any collective agreement between the Crown in right of Alberta and a bargaining agent under the Public Service Employee Relations Act, the Minister may make regulations governing:

                                 (a)    the attendance and hours of work of employees;

                                 (b)    the granting of holidays;

                                 (c)    overtime;

                                 (d)    annual vacation, sick leave, educational leave and any other form of leave of absence;

                                 (e)    the application of salary ranges;

                                  (f)    the settlement of employee grievances;

                                 (g)    the transfer, promotion or demotion of employees;

                                 (h)    the conduct, discipline, dismissal or suspension of employees;

                                  (i)    any other matter falling within the scope and purpose of this Act.

RSA 1980 cP‑31 s21;1983 c45 s6

Abolishment of position

22   When a position is abolished

                                 (a)    every effort shall be made to place the employee who occupied that position in any other position in the public service for which the employee is qualified, but

                                 (b)    if no suitable position can be found, the employee shall be released and shall be given preference for re‑employment over equally qualified applicants.

RSA 1980 cP‑31 s22

Code of conduct and ethics

23(1)  The Lieutenant Governor in Council may make regulations respecting a code of conduct and ethics for the public service and a system of disclosure of financial information by employees holding positions designated in the regulations.

(2)  Each department head may issue a supplementary code of conduct and ethics respecting matters of concern to the department head’s department.

RSA 1980 cP‑31 s23;1991 cC‑22.1 s53

Post‑employment limitations and restrictions

23.1(1)  This section applies

                                 (a)    to the position of any deputy minister appointed under section 4 of the Government Organization Act, and

                                 (b)    to any other position set out in the regulations.

(2)  A person who formerly held a position referred to in subsection (1) shall, for 6 months after the date he or she ceases to hold that position, comply with the post‑employment limitations and restrictions set out in the regulations.

(3)  The Lieutenant Governor in Council may make regulations

                                 (a)    respecting positions or classes of positions for the purpose of subsection (1)(b);

                                 (b)    respecting post‑employment limitations and restrictions applicable to a person who formerly held a position referred to in subsection (1);

                                 (c)    respecting investigations of alleged contraventions of this section and the powers and duties of persons conducting investigations;

                                 (d)    respecting the modification or waiver of the post‑employment limitations and restrictions.

(4)  Sections 2(4) and 28(4) do not apply in respect of this section.

(5)  A person who fails to comply with this section is guilty of an offence and is liable to a fine not exceeding $50 000.

(6)  A prosecution of an offence under subsection (5) shall not be commenced more than 2 years after the date on which the alleged offence occurred.

(7)  This section applies only in respect of a person who is or becomes a holder of a position referred to in subsection (1) after this section comes into force.

2007 c28 s30

Certain dealings by employees prohibited

24(1)  Unless authorized by general regulations or particular orders made by the Lieutenant Governor in Council,

                                 (a)    no employee

                                           (i)    shall be a bidder at a sale of Crown land, or

                                          (ii)    shall acquire an estate or interest in Crown land,

                                          either directly or indirectly, in the employee’s own name or through another person or in the name of a person in trust for the employee,

                                 (b)    no employee shall

                                           (i)    be a shareholder or director of a corporation or company that has an estate or interest in Crown land, or

                                          (ii)    have directly or indirectly an interest in shares of a company that has an estate or interest in Crown land in the employee’s own name or through another person or in the name of a person in trust for the employee,

                                          unless the shares of the company are regularly quoted and dealt in on a recognized stock exchange, and

                                 (c)    no employee shall take or receive for the employee’s own use a fee or emolument for negotiating or transacting any business connected with the employee’s official duties.

(2)  An employee who wilfully contravenes this section is guilty of an offence and liable to a fine of not more than $500, and in default of payment to a term of imprisonment for not more than 3 months.

(3)  An estate or interest in Crown land acquired in contravention of this section is void.

(4)  In this section, “Crown land” means all land, mines and minerals belonging to the Crown in right of Alberta and any estate or interest in the land, mines and minerals, including, without limitation,

                                 (a)    an agreement or mineral claim within the meaning of the Mines and Minerals Act,

                                 (b)    a disposition within the meaning of the Public Lands Act, and

                                 (c)    a lease, licence or permit under the Forests Act.

(5)  In this section, “employee” includes an employee of the Research Council of Alberta.

RSA 1980 cP‑31 s24

Disciplinary action

25(1)  Subject to any collective agreement between the Crown in right of Alberta and a bargaining agent under the Public Service Employee Relations Act, an employee may be dismissed, suspended or subjected to other disciplinary action by the employee’s department head

                                 (a)    if the employee is unable to satisfactorily perform the employee’s duties, or

                                 (b)    for misconduct, improper conduct or negligence.

(2)  Subject to any collective agreement between the Crown in right of Alberta and a bargaining agent under the Public Service Employee Relations Act, if the employee is on permanent appointment the employee may appeal against the dismissal or other disciplinary action in the manner prescribed by the regulations.

(3)  Nothing in this section or the regulations impairs or otherwise affects the right of the Lieutenant Governor in Council to reinstate or dismiss any employee.

RSA 1980 cP‑31 s25

General

Wage employees

26(1)  In this section, “wage employee” means a person employed in or under any department of the Government, including the Executive Council and the Legislative Assembly, who is paid at an hourly, daily, weekly or monthly rate.

(2)  Wage employment may be used

                                 (a)    under conditions that do not permit employment throughout a day, week or month, or

                                 (b)    when necessitated by the employment practices of competitive private employers.

(3)  This Act, except sections 20, 24 and this section, does not apply to wage employees.

(4)  The Minister may make regulations governing the appointment, payment and conditions of service of wage employees.

RSA 1980 cP‑31 s26;1983 c45 s7

Certificate of appointment as evidence

27   A certificate

                                 (a)    purporting to be signed by a department head, and

                                 (b)    stating that the person named in the certificate holds a designated position or office in the public service,

shall be admitted in evidence as proof, in the absence of evidence to the contrary, of that fact without proof of the signature or official character of the person appearing to have signed the certificate.

RSA 1980 cP‑31 s28

Contract of employment

28(1)  Notwithstanding anything in this Act, a department head may, on behalf of the Government, enter into a contract of employment with any person in accordance with this section if the department head is authorized to do so under the regulations made pursuant to this section.

(2)  A contract of employment shall not be entered into under this section with an employee who is part of a bargaining unit under the Public Service Employee Relations Act.

(3)  A contract of employment under this section shall provide for

                                 (a)    the remuneration to be paid to the employee;

                                 (b)    the duration of the term of employment;

                                 (c)    subject to clause (d), the period of notice required to be given by the employee or the department head to terminate the employment;

                                 (d)    the amount of remuneration to be paid by the Government instead of the giving of notice to the employee;

                                 (e)    the terms and conditions of the employment.

(4)  A contract of employment under this section may

                                 (a)    make inapplicable to the employee any of the provisions of this Act or the regulations under this Act;

                                 (b)    vary, or qualify the application of, any of the provisions of this Act or any regulations under this Act.

(5)  The Minister may make regulations

                                 (a)    prescribing the circumstances and conditions under which a department head may enter into a contract of employment under this section;

                                 (b)    prescribing any terms and conditions of employment under contracts authorized pursuant to clause (a).

(6)  The contract of employment may exclude the employee from the Public Service Pension Plan.

RSA 1980 cP‑31 s29;1983 c45 s8;1984 cP‑35.1 s51

Employment on fee-for-service basis

29(1)  The Lieutenant Governor in Council, on the recommendation of the Minister, may by order

                                 (a)    engage any person to provide to the Government the services specified in the order;

                                 (b)    authorize the payment of fees to that person and remuneration to be paid for that person’s travelling and living expenses incurred while absent from the person’s place of residence in the course of performing the person’s services;

                                 (c)    provide for any other matter in connection with the engagement of that person’s services or the services required to be performed.

(2)  The Lieutenant Governor in Council, on the recommendation of the Minister, may delegate the powers under subsection (1) to a department head either generally or in specified cases and in either case shall prescribe the circumstances under which and the conditions on which the department head may exercise the powers so delegated.

RSA 1980 cP‑31 s30