Councillor shall from thenceforth be and become null and void, of Commons and he shall be incapable of being re-appointed to or holding to forfeit his the office of Executive Councillor of Ontario so long as he is a member of the House of Commons of Canada. R. S. O. 1877, c. 14, s. 4. CHAPTER 14. An Act respecting the Public Service of Ontario. SHORT TITLE, s. 1. INTERPRETATION, s. 2. !AIDING OTHER DEPARTMENTS, s. 24. DIVISIONS OF DEPARTMENTAL STAFF, LEAVe of absence, s. 26. ss. 3, 4. APPOINTMENTS AND PROMOTIONS, SS. 4-13. CHIEF CLERKS, ss. 14, 16 NUMBER OF OFFICERS AND CLERKS AND THEIR CLASSIFICATION, s. 19. POWER OF DISMISSAL, s. 23. GRATUITIES, s. 27. REDUCTION TO LOWER CLASS, s. 28. HOURS OF ATTENDANCE, s. 30. OFFICERS OF HIGH COURT, ETC., s. 32. OATHS OF OFFICE, s. 36. APPLICATION OF ACT TO Officers of HER ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as "The Ontario Public Service Short title. Act." 41 V. c. 2. s. 43. "Head of De 2. In this Act the expression "Head of a Department," Interpretation means the member of the Executive Council for the time being presiding over such department. 41 V. c. 2, s. 42. of staff of Civil Service. 3.-(1) The Departmental Staff of the Civil Service of Ontario Two divisions at the seat of Government shall consist of two divisions, that is to say: the "Ordinary Division," and the "Special Division." Special division; two classes thereof. Ordinary division. Four classes of (2) The Special Division shall include all those offices, whether now existing or hereafter to be created, which require for their exercise some skill usually acquired only in some professional or other pursuit, different from the Civil Service, and shall consist of two classes, that is to say, Officers and Clerks. (3) The Ordinary Division shall include all those offices, whether now existing or hereafter to be created, which are not comprised in the Special Division, and shall consist of the Deputy Heads of Departments, Officers or Chief Clerks, Clerks, and Probationary Clerks. 41 V. c. 2. ss. 1-3. 4. Clerks in the Ordinary Division shall be divided into clerks in ordi- four classes; nary division. Salaries and promotion. A fourth class clerk shall receive a salary of not more than $400 for his first year's service as such, and may thereafter have an annual increase of $50 per annum until his salary is $650 per annum, but he shall not be eligible for promotion into the third class until after four years' service in the fourth class; A third class clerk shall receive a salary of not more than $700 for his first year's service as such, and may thereafter have an annual increase of $50 per annum until his salary is $950 per annum, but he shall not be eligible for promotion into the second class, until after five years' service in the third class; but no clerk shall from having served four years in the fourth class, or from having served five years in the second class, be absolutely entitled to promotion into the next higher class; A second class clerk shall receive a salary of not more than $1000 for his first year's service as such, and may have an annual increase of $50 per annum until his salary is $1,200 per annum, but he shall be eligible for promotion into the first class at any period of his service in the second class; A first class clerk shall receive a salary of not more than $1,200 per annum, and may have an annual increase of $50 per annum until his salary is $1,400 per annum, but if any clerk promoted into the first class has at the time of such promotion a higher salary than $1,200 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 an annual increase of $50 per annum until his salary is $1,400 per annum, and he shall be eligible for promotion at any period of his service in the first class. No clerk shall have an absolute right to the annual increase of salary authorised by this Act, but the same may be suspended and subsequently restored by the head of the department but without payment of arrears. The annual increase of salary shall be payable from the first day of the quarter next succeeding the date at which, from his length of service any clerk may be eligible for such increase. In case of promotion the increase of salary shall become payable from the first day of the month next succeeding the date at which such promotion took place. Officers and clerks in the Special Division shall receive such Salaries in salaries respectively as may be assigned to them by Order in special diviCouncil, and voted by the Legislature. 41 V. c. 2, s. 4. vision. APPOINTMENTS AND PROMOTIONS. Senate or 5. No member of the Senate of Canada, or of the Com- Members of mons of Canada, shall be appointed to or shall hold any per- Commons not manent office or employment in the service of the Government to hold perof Ontario, at the nomination of the Crown or of the Lieuten manent office at a salary. ant-Governor, to which a salary, or other emolument in lieu of salary is attached; but this section shall not be held to include justices of the peace, coroners, or notaries public, or persons holding any like office. 41 V. c. 8, s. 3. how made. 6. No appointment or promotion shall be made except under Appointments the authority of the Lieutenant-Governor in Council upon the and promotion application and report of the head of the department in which it is to be made. 41 V. c. 2, s. 5. 7. Every person entering the civil service within the mean- Probational ing of this Act shall, except as hereinafter provided, be subject employment. to a probation of six months, and shall be conditionally employed in the lowest, or, where in the opinion of the LieutenantGovernor in Council, special but not professional qualifications are required, he may be employed in the third class in that division of the service to which he is attached, at the minimum salary of such class. 41 V. c. 2, s. 7. 8. Every candidate for admission into the civil service Evidence as to shall, as a condition precedent to his nomination as a proba- character, etc. tioner, produce such evidence as the Lieutenant-Governor in Council may think sufficient as to his age, health, and moral character; and every candidate for admission into the ordinary Examination. division shall further pass, before examiners appointed by the Lieutenant-Governor in Council, such examination, but without competition, as the Lieutenant-Governor in Council may direct. 41 V. c. 2, s. 8. er. 9. Where any person has been conditionally employed upon Appointment probation in any office in the civil service, if, at the expiration of a probationof six months from the date of such employment, the head of the department in which the probationer has served shall recommend in writing the probationer as a suitable person to be appointed an officer of the civil service, the LieutenantGovernor in Council may, if he thinks fit, then, but not before appoint such person. 41 V. c. 2, s. 9. 10. Whenever it is expedient to secure for the public service Appointment on the occurrence of any vacancy, the services of some person of in special cases without probaknown ability, special attainments, and technical knowledge, tion or exami and to place such person immediately in some of the higher nation. Appointment ployees. classes of the civil service, although such person may not have been engaged in the civil service of this Province, the Lieutenant-Governor in Council, anything in this Act to the contrary notwithstanding, may appoint such person accordingly, and without either examination or probation. 41 V. c. 2, s. 12. 11. Notwithstanding anything herein contained, any person of former em- who at any time has been or shall hereafter be employed in the civil service, and who has not been dismissed or called on to resign for improper conduct, may be appointed to any class in the same manner as if he had never left the service. 41 V. c. 2, s. 13. Promotion in ordinary division. Promotion or special divi 12. Where in the ordinary division any vacancy occurs in a superior class, if it be expedient to fill up the vacancy, the Lieutenant-Governor in Council, except as hereinafter provided, shall promote such clerk or officer in the class first below that in which the vacancy has occurred, as he shall judge the most. deserving of promotion. 41 V. c. 2, s. 10. 13. When in the special division a vacancy occurs, if it appointment; be expedient to fill up the vacancy, and the Lieutenant-Govsion, without ernor in Council be of opinion that there is any clerk or officer examination or of lower rank in the department where the vacancy has probation. occurred competent to discharge the duties of the office, he shall appoint such clerk or officer; but if in his opinion there be no such clerk or officer, then he may appoint such person as he may think fit, although not previously engaged in the civil service, with or without examination or probation. 41 V. c. 2 s. 11. Chief clerks; their salaries. First-class clerks, addi OFFICERS OR CHIEF CLERKS. 14. There may be in each department of the civil service one or more officers or chief clerks who shall receive such salaries respectively as may be fixed and determined by the Governor in Council, and voted by the Legislature. 41 V. c., 2, s. 15. 15. If in any department there are any special duties retional salary. quiring or assigned to an officer or chief clerk, an additional salary not exceeding $400 per annum may be given by Order in Council to one or other first class clerks in the department, who shall have the rank of chief clerk, but the additional salary shall not become payable until the same shall be appropriated by the Legislature. 41 V. c. 2, s. 16. Division of 16. The Lieutenant-Governor in Council may from time to departments. time divide any department of the Public Service into as many branches or sub-departments as may appear most convenient for the public service, and one of the officers or first or second. class clerks in such department may be appointed the chief clerk of such branch, and shall perform the duties assigned to him by the head of the department, and an additional salary not exceeding $400 per annum may by Order in Council be paid to the person holding the position of chief clerk of such branch of said department, but the additional salary shall not become payable until the same be appropriated by the Legislature. 41 V. c. 2, s. 17. DEPUTY HEADS OF DEPARTMENTS. ments; 17-(1) The following officers shall be respectively the Deputy heads. deputy heads of the Department to which they are attached, of Departand shall receive such salaries respectively as may be assigned salaries. to them by the Legislature: The Deputy of the Attorney-General, The Deputy of the Minister of Education, The Assistant Commissioner of Crown Lands, The Assistant Provincial Secretary, The Assistant Commissioner of Public Works, The Assistant Treasurer, The Clerk of the Executive Council. The office of the clerk of the Executive Council may be held by one of the other deputy heads. for deputy (2) In the absence of a deputy head, the head of the depart- Substitutes ment may empower any officer or chief clerk thereof to perform heads. the duties of such deputy head. 41 V. c. 2, s. 18. 18. It shall be the duty of the deputy head of each de- Duties of partment, and he shall have authority, subject always to the Deputy heads. head of the 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 LieutenantGovernor 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. 41 V. c. 2, s. 19. GENERAL PROVISIONS. termine num and classify. 19. As soon as conveniently may be after the passing of this Lieut. Gov in Act, the Lieutenant-Governor in Council shall determine the Council to denumber of officers or chief clerks, and the officers and clerks of ber of chief each class and of each division that are required for the work- clerks, etc., ing of the staff of each department, and shall classify the same according to the arrangements so determined, and the classification shall be submitted to the Legislature at its next Session thereafter; and after such classification has been submitted to |