« PreviousContinue »
Provisions terms and conditions thereof; and all the provisions in any respecting to such Act relating to such security to be given by any such such security to apply. officer or servant, or his sureties, shall apply to the Bonds and
Policies of Guarantee of the said European Assurance Society, or other such like Company, as aforesaid, which may be taken
instead of, or in substitution of, any existing securities, if the Existing parties directed or authorized as aforesaid, see fit, whereupon Bonds may be cancelled. such existing securities shall be delivered up to be cancelled.
31 VICT. CAP. 34. An Act respecting the Civil Service of Canada.
[Assented to 22nd May, 1868.] By 31 V., c. 30, sec. 2, this Act was to take effect from the
first day of July, 1868. Preamble. L ER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows: Departmental 1. The Departmental Staff of the Civil Service of Canada,
at the Seat of Government, shall consist of,—
Deputy Heads of Departments,-
such service, shall be organized and classified as hereinafter provided
3. No appointment shall be made of any person who is then under the age of eighteen years or over the age of twenty-five years, subject to the following exceptions:
Appointments 1. A person over the age of twenty-five years may be apover age, pointed to any office or clerkship upon the application and allowed in cer
es report of the Head of the Department, specifying the reasons quiring special therefor; but if the appointment is contemplated on the ground uirements. that special attainments are required, the person whom it is
tain cases re
proposed to appoint, may be subjected to a special examination in that respect; and if the person appointed is over the age of forty years, a report of the appointment and the reasons thereof, shall be submitted to Parliament at its then next Session ; and
2. Any person may, with the approval of the Governor in Private SecreCouncil, be appointed as the Private Secretary of the Head of taries of Minisa Department, but the salary or emoluments of any such Private Secretary payable out of public money shall not exceed the rate of six hundred dollars per annum, he shall not by virtue of such appointment be a member of the Civil Service, and his appointment shall cease on the retirement of the Minister who appointed him.
4. No appointment or promotion shall be made, except un- Authority for der the authority of the Governor in Council, upon the appli- appointments cation and report of the Head of the Department, in which it is to be made.
5. Every appointment, whether by Commission or otherwise, Tenur shall be during pleasure.
6. Every candidate for admission into the Civil Service shall, Examination as a condition precedent to his nomination, produce such evi
lwn aneh i' of Candidates
Me for employ. dence as the Governor may think sufficient as to his age, ment. health and moral character; and upon the delivery of the same, and of the nomination of any Head of a Department, to the Civil Service Board, the said Board shall examine such candidate; and no appointment shall be made until after such No appointnomination, and the passing of such examination : Provided meat without
nomination that nothing herein contained shall prevent any special exa- and examinmination being held as to persons to be appointed or promoted tion. in the Outside Service of the Department of Customs, Inland to Special or
Proviso : as Revenue, Public Works, or Post Office Department, or other amination for outside service, under the supervision of the Department to outside service. which such service belongs.
7. A Probationary Clerk shall enter the Service at a salary Term of probaof three hundred dollars per annum, and shall serve in that to capacity and at that rate of salary, for at least one year before being eligible for permanent appointment as a Third Class Clerk :
But such permanent appointment may be deferred by the Proviso. Head of the Department; and in such case additional salary, at the rate of fifty dollars per annum, may be allowed ; and
If such Probationary Clerk be not at the end of two years, Proviso. found fit for appointment as a Third Class Clerk, his employment in the Civil Service shall cease.
8. Clerks shall be divided into three Classes : First, Second Classes. and Third.
9. A Third Class Clerk shall receive a salary of four hundred dollars for his first year's service as such, and may thereafter have an annual increase of fifty dollars per annum, until his salary is six hundred and fifty dollars per annum; but he sball not be eligible for promotion into the Second Class until after five years' service in the Third Class.
By 35 V., c. 18, Third Class Clerks are eligible for promotion without havirg served the time here required. See post, page 204.
10. Second Class Clerks shall be subdivided into Junior Second Class, and Senior Second Class :
A Jun dollars for hnual increase
A Junior Second Class Clerk shall receive a salary of seven hundred dollars for his first year's service as such, and may thereafter have an annual increase of fifty dollars per annum, until his salary is one thousand dollars per annum, but he shall not be eligible for promotion into the Senior Second Class, until after five years' service in the Junior Second Class ;
By 35 V. c. 18, Junior Second Class Clerks are eligible for promotion without having served the time here required. See post, page 204.
Second Class ars for his first ye dollars per ars per
A Senior Second Class Clerk shall receive a salary of one thousand one hundred dollars for his first year's service as such, and may have an annual increase of fifty dollars per annum, until his salary is one thousand four hundred dollars per annum; but he shall be eligible for promotion into the First Class at any period of his service in the Senior Second Class.
11. A First Class Clerk shall receive a salary of not less than one thousand two hundred dollars per annum, and may have an annual increase of fifty dollars per annum, until his salary is one thousand eight hundred dollars per annum :
Proviso as to But if any Clerk promoted into the First Class, has at the
sa time of such promotion, a higher salary than one thousand increase of salary.
two hundred dollars per annum, he shall continue to receive such salary until by length of service in the First Class he has a right to that amount as a First Class Clerk, from which time he shall receive the annual increase until his salary is one thousand eight hundred dollars per annum ;
A First Class Clerk shall be eligible for promotion at any period of his service in the First Class.
Officers or Chief Clerk:
12. There may be in each Department of the Civil Service, Chief Clorks. one or more Officers or Chief Clerks, who shall receive such
salaries respectively as may be fixed and determined by the Governor in Council, as hereinafter provided.
13. If, in any Department, there are no special duties Chiof Clerks. requiring or assigned to an Orficer or Chief Clerk, an additional salary, not exceeding four hundred dollars per annum, may be given by Order in Council to one or other First Class Clerks in such Department, who shall have the rank of Chief Clerk.
Deputy Heads of Departments.
14. The Officers mentioned in Schedule A to this Act, shall Who shall be, be appointed under the Great Seal, and shall be respectively the and how apDeputy Heads of the Departments also mentioned in the said Schedule, and shall receive such salaries respectively as may be Salaries, assigned to them by the Governor in Council as hereinafter provided :
In the absence of any Deputy Head, the Head of the Depart- Absence of ment may empower any Officer or Chief Clerk thereof to per. Deputy Road, form the duties of such Deputy Head;
It shall be the duty of the Deputy Head of each Department, Duties and and he shall have authority (subject always to the Head of the pow
Deputy Heads. Department) to oversee and direct the other Officers, Clerks and Servants of the Department; he shall have the general control of the business of the Department, and such other powers and duties as may be assigned to him by the Governor in Council; and in the absence of the Minister, and during such absence, may suspend from his duties any Officer, Clerk or Servant of the Department who refuses or neglects to obey his directions as such Deputy.
By 36 V., c. 4 sec. 6, this Section is applied to the Deputy of the Minister of the Interior.
15. As soon as conveniently may be after the passing of this Order in CounAct, the Governor in Council shall determine the number of cil to limit the
number of Officers or Chief Clerks, and of the Clerks of each class, that Officers and are required for the working of the Staff and Outside Service Clerks. respectively, of each Department, and shall classify the same according to the arrangement so determined ; and such classi- Not to be fication shall be submitted to Parliament, not later than the changed exfirst week of the session of Parliament next ensuing, and tbe opravlja
neut onaning and the cept by authorestimates of the following year shall be based thereon; and ment. after such classification has been submitted to Parliament, no first class Clerk, and no Officer or Chief Clerk shall be appointed, nor shall any person be rated at a salary higher than the maximum of the first class except (1) upon a vacancy, or (2) upon the creation of an additional first class Clerkship or Office, or Chief Clerkship, by a special Order in Council, and upon the approval by Parliament of the salary thereunto attached, as a separate item in the estimates of the year in which such first class Clerkship or Office, or Chief Clerkship is created.
ber of Clerkg
he 16. If the number of Clerks attached to any Department, as existing num- Staff or as Outside Service, at the date of such classification by be greater than
berkesan Order in Council, and entitled according to the amounts of their that allowed salaries to rank in any class mentioned in such Order, be greater by Order in than the number of such class thereby allowed to the DepartCouncil.
ment, as Staff or as Outside Service, then the Head of the Department shall name the persons to fill the several offices, and the remainder shall be Supernumerary Clerks of that class respectively in which their then salaries entitle them to rank; and every such Supernumerary Clerkship shall lapse upon a vacancy and shall not be filled.
Are nomina. 17. No appointment shall be made of any person as messention and ger who is over thirty-five years of age, or until he has been examination.
nominated by the Head of a Department, and has produced such certificates and passed such examination as shall be prescribed by the Civil Service Board and approved of by the Gov. ernor in Council.
18. A messenger shall enter the Service at a salary to be fixed by the Governor in Council, not exceeding three hundred dollars for the first year, and may thereafter have an annual increase of thirty dollars per annum, until his salary is five hundred dollars per annum.
No resident male Office Keeper shall be paid more than five hundred dollars per annum.
19. No extra Clerk shall, except under an Order in Council, alluwed, and be employed in any Department, unless for a period not exceedrate of pay.
ing one month, for which he may be paid at a rate not exceed
ing one dollar and fifty cents per diem, out of the Contingencies Exception.
of the Department, on the Certificate of the Head or Deputy Head thereof;-except only that if such Extra Clerk be an Accountant, a Book-keeper or a person of special attainments, and employed as such, he may be paid at a rate not exceeding four dollars per diem :
Proviso : if employed beyond one month.
But any Extra Clerk may, under an Order in Council, made on the application and report of the Head of the Department, that the same is requisite, be employed for a longer period than one month, but not exceeding six months, and he shall during such period be borne on the pay-list of the Department;
more than six he won months.
After the end of the six months such Extra Clerk shall only be retained in the Department as a Probationary Clerk, if nominated, examined and appointed as such in the manner required by this Act; but if so appointed, the time during