Section 1 definition of "merit commissioner" was added by 2001-47-1, effective August 27, 2001 (Royal Assent).
Section 1 definition of "appeal board" BEFORE repealed by 2003-88-1(a), effective December 1, 2003 (BC Reg 443/2003).
"appeal board" means the Public Service Appeal Board continued under section 16;
Section 1 definitions of "commission" and "commissioner" BEFORE repealed by 2003-88-1(b), effective December 1, 2003 (BC Reg 443/2003).
"commission" means the Public Service Employee Relations Commission continued under section 5 (1);
"commissioner" means the commissioner appointed under section 5 (2);
Section 1 definitions of "agency" and "agency head" were added by 2003-88-1(b), effective December 1, 2003 (BC Reg 443/2003).
Section 1 definition of "merit commissioner" BEFORE amended by 2003-88-1(c), effective December 1, 2003 (BC Reg 443/2003).
"merit commissioner" means the commissioner in his or her capacity as the Merit Commissioner referred to in section 5 (2).
Section 1 definition of "merit commissioner" BEFORE amended by 2005-35-34, effective November 24, 2005 (Royal Assent).
"merit commissioner" means the agency head in his or her capacity as the Merit Commissioner referred to in section 5 (2).
Section 1 definitions of "dismissal file", "eligible dismissal" and "reviewable dismissal" were added by 2018-9-1, effective May 17, 2018 (Royal Assent).
Section 1 definitions of "dismissal file", "eligible dismissal" and "reviewable dismissal" BEFORE repealed by 2026-5-14(a) and (c), effective June 30, 2026 (BC Reg 94/2026).
"dismissal file" means the records of a ministry or a board, commission, agency or organization of the government to which this Act applies that are relevant in relation to a reviewable dismissal;
"eligible dismissal" means a reviewable dismissal that is eligible for review under section 5.12 (1);
"reviewable dismissal" means a dismissal that
Section 1 definition of "merit commissioner" BEFORE amended by 2026-5-14(b), effective June 30, 2026 (BC Reg 94/2026).
"merit commissioner" means the merit commissioner appointed under section 5.01;
Section 4 (2) and (3) BEFORE amended by 2003-88-2, effective December 1, 2003 (BC Reg 443/2003).
(2) The commission must consult with representatives of the employees' bargaining agents certified under the Public Service Labour Relations Act with respect to
(a) the application of the matters that determine merit under section 8 (2), and
(b) regulations that may affect the employees represented by the bargaining agents that the minister intends to recommend to the Lieutenant Governor in Council under section 25.
(3) In addition, the commission may consult with employees who are not represented by the bargaining agents referred to in subsection (2) with respect to the matters referred to in that subsection that affect members of those groups.
Section 5 (2) BEFORE amended by 2001-47-2, effective August 27, 2001 (Royal Assent).
(2) The Lieutenant Governor in Council must appoint a commissioner as the deputy minister responsible for the commission.
Section 5 (1) BEFORE amended by 2003-88-4(a), effective December 1, 2003 (BC Reg 443/2003).
(1) The division of the government known as the Public Service Employee Relations Commission is continued under the administration of the minister.
Section 5 (2) BEFORE amended by 2003-88-4(b), effective December 1, 2003 (BC Reg 443/2003).
(2) The Lieutenant Governor in Council, on the recommendation of the Legislative Assembly, must appoint an individual to be the commissioner and deputy minister responsible for the commission and to hold office as the Merit Commissioner under this Act.
Section 5 (2.3) BEFORE repealed by 2003-88-4(c), effective December 1, 2003 (BC Reg 443/2003).
(2.3) The individual who, immediately before this subsection comes into force, is the commissioner and deputy minister responsible for the commission continues in office in both capacities until the date on which a successor is appointed under subsection (2), and, until that date, also holds office as the merit commissioner.
Section 5 (3) and (4) BEFORE amended by 2003-88-5, effective December 1, 2003 (BC Reg 443/2003).
(3) The commissioner is responsible for personnel management in the public service including but not limited to the following:
(4) Subject to this Act and the regulations and on the recommendation of the commissioner, the minister may issue policies respecting the matters referred to in subsection (3).
Section 5 (2) BEFORE amended by 2005-35-36, effective November 24, 2005 (Royal Assent).
(2) The Lieutenant Governor in Council, on the recommendation of the Legislative Assembly, must appoint an individual to be the agency head and deputy minister responsible for the agency and to hold office as the Merit Commissioner under this Act.
Section 5 (2.1) to (2.5) BEFORE repealed by 2005-35-37, effective November 24, 2005 (Royal Assent).
(2.1) The Legislative Assembly must not recommend an individual to be appointed under subsection (2) unless a special committee of the Legislative Assembly has unanimously recommended to the Legislative Assembly that the individual be appointed.
(2.2) The individual appointed under subsection (2) is to be appointed for a term of 3 years and may be reappointed in the manner provided in this section for further 3 year terms.
(2.3) [Repealed 2003-88-4.]
(2.4) The Lieutenant Governor in Council may appoint an individual to act for the individual appointed under subsection (2) if
(a) the office is or becomes vacant when the Legislative Assembly is not sitting,
(b) the individual appointed under subsection (2) is suspended when the Legislative Assembly is not sitting, or
(c) the individual appointed under subsection (2) is removed or suspended or the office becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Assembly under subsection (2) before the end of the session.
(2.5) An individual appointed under subsection (2.4) holds office until
(a) an individual is appointed under subsection (2),
(b) the suspension of the individual appointed under subsection (2) ends, or
(c) the Legislative Assembly has sat for 30 days after the date of the appointment of the individual appointed under subsection (2.4),
whichever is the case and whichever occurs first.
Section 5 (2) BEFORE amended by 2026-5-15, effective June 30, 2026 (BC Reg 94/2026).
(2) The Lieutenant Governor in Council must appoint, under section 12, an individual to be the agency head.
Sections 5.01 to 5.14 BEFORE repealed by 2026-5-16, effective June 30, 2026 (BC Reg 94/2026).
Appointment of merit commissioner
5.01 (1) The Lieutenant Governor in Council, on the recommendation of the Legislative Assembly, must appoint an individual to hold office as the merit commissioner under this Act.
(2) The merit commissioner is an officer of the Legislature and must
(a) faithfully, honestly and impartially exercise the powers and perform the duties of the office, and
(b) not divulge any information received under this Act, except if permitted by this Act.
(3) The Legislative Assembly must not recommend an individual to be appointed under subsection (1) unless a special committee of the Legislative Assembly has unanimously recommended to the Legislative Assembly that the individual be appointed.
(4) The merit commissioner is to be appointed for a term of 3 years and may be reappointed in the manner provided in this section for further 3 year terms.
(5) The merit commissioner is entitled
(a) to be paid, out of the consolidated revenue fund, compensation as may be fixed by the Lieutenant Governor in Council, and
(b) to be reimbursed for reasonable travelling and out of pocket expenses personally incurred in performing the duties of the office.
(6) The Lieutenant Governor in Council may appoint an acting commissioner if
(a) the office of commissioner is or becomes vacant when the Legislative Assembly is not sitting,
(b) the commissioner is suspended when the Legislative Assembly is not sitting,
(c) the commissioner is removed or suspended or the office becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Legislative Assembly under subsection (1) before the end of the session, or
(d) the commissioner is temporarily absent because of illness or for another reason.
(7) An acting commissioner holds office until
(a) a person is appointed under subsection (1),
(b) the suspension of the commissioner ends,
(c) the Legislative Assembly has sat for 30 days after the date of the acting commissioner's appointment, or
(d) the commissioner returns to office after a temporary absence,
whichever is the case and whichever occurs first.
Merit commissioner — merit principle
5.1 (1) The merit commissioner is responsible for monitoring the application of the merit principle under this Act by
(a) conducting random audits of appointments to and from within the public service to assess whether
(i) the recruitment and selection processes were properly applied to result in appointments based on merit, and
(ii) the individuals when appointed possessed the required qualifications for the positions to which they were appointed, and
(b) reporting the audit results to the deputy ministers or other persons having overall responsibility for the ministries, boards, commissions, agencies or organizations, as the case may be, in which the appointments were made.
(2) The merit commissioner, in carrying out the merit commissioner's responsibilities under this section, must not conduct audits or issue reports in respect of the period before June 5, 2001.
Merit commissioner — dismissal process review
5.11 The merit commissioner is responsible for monitoring the application of government practices, policies and standards to eligible dismissals by the following by conducting reviews of eligible dismissals in accordance with sections 5.12 to 5.14:
(c) boards, commissions, agencies and organizations of the government to which this Act applies.
Dismissals eligible for review
5.12 (1) A reviewable dismissal becomes eligible for review as follows:
(a) if no grievance procedure under a collective agreement or proceeding before a court or a judicial or quasi-judicial tribunal in relation to the reviewable dismissal has been commenced, 12 months after the date of the dismissal;
(b) if a grievance procedure under a collective agreement or a proceeding before a court or a judicial or quasi-judicial tribunal in relation to the reviewable dismissal has been commenced, 6 months after the date on which the grievance procedure or the proceeding and all related proceedings are complete.
(2) The agency head must notify the merit commissioner as soon as practicable after the agency head becomes aware that a dismissal about which information was provided to the merit commissioner under section 5.13 (1) is the subject of a grievance procedure under a collective agreement or a proceeding before a court or a judicial or quasi-judicial tribunal.
(a) receives a notification under subsection (2) and is conducting a review of the dismissal that is referred to in the notification, or
(b) otherwise becomes aware that the merit commissioner is conducting a review of a dismissal that is the subject of a grievance procedure under a collective agreement or a proceeding before a court or a judicial or quasi-judicial tribunal,
the merit commissioner must defer the review until the date that is 6 months after the date on which the grievance procedure or the proceeding and all related proceedings are complete.
Information for merit commissioner
5.13 (1) The agency head must, at least once every 6 months, provide the merit commissioner with information about reviewable dismissals and eligible dismissals, including, without limitation,
(a) the name of the employee who was dismissed,
(b) the position or title of the employee who was dismissed,
(c) the name of the ministry, board, commission, agency or organization that employed the employee who was dismissed,
(d) the date of the dismissal, and
(e) any other prescribed information.
(2) The agency head must provide the merit commissioner with the dismissal file for a reviewable dismissal as soon as practicable after the dismissal becomes eligible for review under section 5.12 (1).
Scope of reviews by merit commissioner
5.14 (1) The merit commissioner may review only dismissals eligible for review under section 5.12 (1).
(2) The merit commissioner may determine which eligible dismissals to review.
(3) For the purposes of a review, the merit commissioner may review the dismissal file and any other information the merit commissioner considers relevant.
(4) When conducting a review of an eligible dismissal, the merit commissioner must not make a determination whether the dismissal met the legal standard for a just cause dismissal.
Section 5.1 (3) BEFORE repealed by 2005-35-38, effective November 24, 2005 (Royal Assent).
(3) If the merit commissioner is absent or unable to act, another official authorized by the merit commissioner has the powers and must perform the functions and duties of the merit commissioner under this Act.
Section 5.1 (2) BEFORE amended by 2023-10-963, effective March 30, 2023 (Royal Assent).
(2) In carrying out his or her responsibilities as merit commissioner under this section he or she must not conduct audits or issue reports in respect of the period before June 5, 2001.
Section 5.12 (3) (b) BEFORE amended by 2023-10-964, effective March 30, 2023 (Royal Assent).
(b) otherwise becomes aware that he or she is conducting a review of a dismissal that is the subject of a grievance procedure under a collective agreement or a proceeding before a court or a judicial or quasi-judicial tribunal,
Section 5.2 (4) BEFORE amended by 2018-9-3, effective May 17, 2018 (Royal Assent).
(4) The report of the merit commissioner under this section must not disclose
(a) personal information, as defined in Schedule 1 of the Freedom of Information and Protection of Privacy Act, relating to individuals who applied for or were appointed to positions in the public service, or
(b) the identity of persons who participated on behalf of the ministries, boards, commissions, agencies or organizations, as the case may be, in the selection of the individuals appointed to positions in the public service.
Section 5.2 BEFORE amended by 2026-5-17, effective June 30, 2026 (BC Reg 94/2026).
Annual report of merit commissioner
5.2 (1) The merit commissioner must report annually, no later than May 31, to the Legislative Assembly concerning the merit commissioner's activities under this Act since the last report was made under this section.
(2) The Speaker must lay each annual report before the Legislative Assembly as soon as practicable, if it is in session.
(3) If the Legislative Assembly is not in session on the date of the annual report, or within 10 days after that date, the annual report must be promptly filed with the Clerk of the Legislative Assembly.
(4) The report of the merit commissioner under this section,
(a) in relation to monitoring the application of the merit principle, must not disclose
(i) personal information, as defined in Schedule 1 of the Freedom of Information and Protection of Privacy Act, relating to individuals who applied for or were appointed to positions in the public service, or
(ii) the identity of persons who participated on behalf of the ministries, boards, commissions, agencies or organizations, as the case may be, in the selection of the individuals appointed to positions in the public service, and
(b) in relation to monitoring the application of government practices, policies and standards respecting eligible dismissals,
(A) references to particular instances of non-compliance with government practices, policies and standards,
(B) identification of persistent patterns of non-compliance with government practices, policies and standards, and
(C) recommendations in relation to dismissals, including recommendations for changes to government practices, policies and standards and how to eliminate patterns of non-compliance with government practices, policies and standards, and
(A) personal information, as defined in Schedule 1 of the Freedom of Information and Protection of Privacy Act, in relation to a particular instance or a persistent pattern of non-compliance with government practices, policies and standards respecting eligible dismissals, or
(B) the identity of a ministry, board, commission, agency or organization in relation to a particular instance or a persistent pattern of non-compliance with government practices, policies and standards respecting eligible dismissals.
Section 6 (b) BEFORE amended by 2001-47-4, effective August 27, 2001 (Royal Assent).
(b) with respect to employees of a ministry or a board, commission, agency or organization to which this Act applies, delegate any of his or her powers, duties or functions under this Act or the regulations to a deputy minister or other employee of the ministry or to a member, officer or employee of the board, commission, agency or organization,
Section 6 (a) BEFORE amended by 2003-88-2, effective December 1, 2003 (BC Reg 443/2003).
(a) delegate any of his or her powers, duties or functions under this Act or the regulations to an employee of the commission,
Section 6 BEFORE amended by 2003-88-7, effective December 1, 2003 (BC Reg 443/2003).
6 Subject to the regulations, the commissioner may
Section 6 (b) BEFORE amended by 2005-35-40, effective November 24, 2005 (Royal Assent).
(b) with respect to employees of a ministry or a board, commission, agency or organization to which this Act applies, delegate any of his or her powers, duties or functions under this Act or the regulations, other than as the merit commissioner, to
(i) a deputy minister or other employee of the ministry, or
(ii) a member, officer or employee of the board, commission, agency or organization,
Section 6 (a) and (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) delegate any of his or her powers, duties or functions under this Act or the regulations to an employee of the agency,
(b) with respect to employees of a ministry or a board, commission, agency or organization to which this Act applies, delegate any of his or her powers, duties or functions under this Act or the regulations to
Section 6 (a) and (b) BEFORE amended by 2023-10-965, effective March 30, 2023 (Royal Assent).
(a) delegate any of his or her powers, duties or functions under this Act to an employee of the agency,
(b) with respect to employees of a ministry or a board, commission, agency or organization to which this Act applies, delegate any of his or her powers, duties or functions under this Act to
(i) a deputy minister or other employee of the ministry, or
(ii) a member, officer or employee of the board, commission, agency or organization,
Section 6 (b) (part) BEFORE amended by 2026-5-19, effective June 30, 2026 (BC Reg 94/2026).
(b) with respect to employees of a ministry or a board, commission, agency or organization to which this Act applies, delegate any of the agency head's powers, duties or functions under this Act to
Section 7 BEFORE re-enacted by 2001-47-5, effective August 27, 2001 (Royal Assent).
7 The commissioner is entitled to access to ministries and to boards, commissions, agencies and organizations that are declared to be subject to this section under section 3 and to their records relating to personnel matters or containing information required by the commissioner to carry out his or her duties under the Act or regulations.
Section 7 (part) BEFORE amended by 2003-88-8, effective December 1, 2003 (BC Reg 443/2003).
7 For the purposes of carrying out his or her duties as commissioner and merit commissioner, the commissioner is entitled to access to
Section 7 (part) BEFORE amended by 2005-35-41, effective November 24, 2005 (Royal Assent).
7 For the purposes of carrying out his or her duties as agency head and merit commissioner, the agency head is entitled to access to
Section 7 (b) BEFORE amended by 2018-9-4, effective May 17, 2018 (Royal Assent).
(b) boards, commissions, agencies and organizations that are declared to be subject to this section under section 3, and
Section 8 (4) BEFORE amended by 2003-88-5, effective December 1, 2003 (BC Reg 443/2003).
(4) Subject to the regulations, the commissioner may direct in respect of a vacancy or class of vacancies in the public service, that applicants be
Section 9 (3) BEFORE amended by 2003-88-9, effective December 1, 2003 (BC Reg 443/2003).
(3) A deputy minister or the commissioner may reject an employee during the probation period if the deputy minister or commissioner considers that the employee is unsuitable for employment in the position to which he or she was appointed.
Section 9 (1) and (3) BEFORE amended by 2023-10-966, effective March 30, 2023 (Royal Assent).
(1) If a person who is not an employee is appointed to a position in the public service, the person is on probation until he or she has worked the equivalent of 6 months' full time employment.
(3) A deputy minister or the agency head may reject an employee during the probation period if the deputy minister or agency head considers that the employee is unsuitable for employment in the position to which he or she was appointed.
Section 10 (b) (iii) BEFORE amended by 2003-88-5, effective December 1, 2003 (BC Reg 443/2003).
(iii) a direct appointment by the commissioner in unusual or exceptional circumstances.
Section 11 BEFORE repealed by 2003-88-10, effective December 1, 2003 (BC Reg 443/2003).
Inquiries
11 (1) An unsuccessful applicant for appointment to the public service may apply in writing to the chair of the selection panel for the competition with respect to that appointment for a statement of the reasons why he or she has not been appointed.
(2) The chair of the selection panel must provide the unsuccessful applicant with the statement referred to in subsection (1) as soon as possible but in any case not later than 30 days after the date on which the chair receives the application of the unsuccessful applicant under subsection (1).
Section 12 (3) BEFORE amended by 2001-47-6, effective August 27, 2001 (Royal Assent).
(3) Sections 8 and 18 do not apply to appointments under this section.
Section 12 (3) BEFORE amended by 2026-5-21, effective June 30, 2026 (BC Reg 94/2026).
(3) Sections 5.1, 8 and 18 do not apply to appointments under this section.
Section 13 (1) and (2) BEFORE amended by 2002-22-9(a) and (b), effective September 1, 2001 [retro from April 30, 2002 (Royal Assent)].
(1) When calculating the amount of a pension under the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, each year of service as a deputy minister must be counted as 1 1/2 years of pensionable service.
(2) Subsection (1) does not apply
(a) [Repealed 1999-44-98.]
(b) to a person holding the position of acting deputy minister.
Section 13 (2.1) was added by 200-22-9(c), effective September 1, 2001 [retro from April 30, 2002 (Royal Assent)].
Part 4, sections 16 to 20 BEFORE re-enacted by 2003-88-11, effective December 1, 2003 (BC Reg 443/2003).
Part 4 — Public Service Appeal Board
Public Service Appeal Board continued
16 (1) The Public Service Appeal Board is continued to hear appeals under section 18.
(2) The appeal board consists of at least 3 members appointed by the Lieutenant Governor in Council, one of whom must be designated as chair.
(3) A member of the appeal board appointed under subsection (2) holds office during good behaviour for a term not exceeding 3 years and serves on a full or part time basis as the Lieutenant Governor in Council may order.
(4) If there is a tie vote on any matter before the appeal board, the decision of the chair is the decision of the board.
(5) In addition to the members of the appeal board appointed under subsection (2), the appeal board may appoint persons as members of the appeal board for the purpose of one or more appeals.
(6) A member of the appeal board must be reimbursed for reasonable expenses necessarily incurred by the member in the performance of his or her duties and be paid remuneration authorized by the Lieutenant Governor in Council.
Staff
17 (1) The board may appoint a registrar and other employees it considers necessary for the purposes of the appeal board and may set terms and conditions of employment including remuneration for those employees.
(2) The other provisions of this Act and the Public Service Labour Relations Act do not apply to the registrar or other employees appointed under subsection (1).
Appeals
18 (1) An employee who is an unsuccessful applicant for appointment to a vacancy in a position in the public service may appeal to the appeal board on the ground that section 8 (1) has not been complied with.
(2) Subject to the regulations, the appeal board must establish its own procedure for the expeditious hearing of appeals under subsection (1).
(3) If an applicant commences an appeal under subsection (1), the appeal board must, before hearing the appeal, inform the commissioner and the appropriate deputy minister of the particulars of it.
(4) After hearing an appeal, the appeal board may do any of the following:
(a) dismiss the appeal;
(b) direct that the appointment or the proposed appointment be rescinded and reconsidered.
(c) [Not in force — see Supplement]
(5) The appeal board may summarily dismiss an appeal under subsection (1) if it considers that the appeal is frivolous or vexatious.
(6) A member of the appeal board may sit alone or the chair may appoint a panel consisting of 3 members to hear and decide an appeal.
(7) This section does not apply with respect to an appointment to the public service that is referred to in section 10.
Section 17 (1) BEFORE amended by 2023-10-967, effective March 30, 2023 (Royal Assent).
(1) An employee who is an unsuccessful applicant for an appointment to the public service may, within the prescribed time, request from the individual responsible for the appointment an explanation of the reasons why he or she was not appointed.
Section 20 BEFORE repealed by 2026-5-22, effective June 30, 2026 (BC Reg 94/2026).
Power to compel persons to answer questions and order disclosure
20 (1) For the purposes of a review under section 19, the merit commissioner may make an order requiring a person to do either or both of the following:
(a) attend, in person or by electronic means, before the merit commissioner to answer questions on oath or affirmation, or in any other manner;
(b) produce for the merit commissioner a record or thing in the person's possession or control.
(2) The merit commissioner may apply to the Supreme Court for an order
(a) directing a person to comply with an order made under subsection (1), or
(b) directing any directors and officers of a person to cause the person to comply with an order made under subsection (1).
Section 20.01 BEFORE repealed by 2026-5-22, effective June 30, 2026 (BC Reg 94/2026).
Contempt proceeding for uncooperative person
20.01 The failure or refusal of a person subject to an order under section 20 to do any of the following makes the person, on application to the Supreme Court by the merit commissioner, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:
(a) attend before the merit commissioner;
(b) take an oath or make an affirmation;
(d) produce records or things in the person's possession or control.
Section 20.02 BEFORE repealed by 2018-9-5, effective May 17, 2018 (Royal Assent).
Immunity protection
20.02 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the merit commissioner, or a person acting on behalf of or under the direction of the merit commissioner, because of anything done or omitted
(a) in the performance or intended performance of any duty under section 19, or
(b) in the exercise or intended exercise of any power under sections 19 to 20.01.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.
Section 22 (1) and (2) BEFORE amended by 2003-88-5, effective December 1, 2003 (BC Reg 443/2003).
(1) The commissioner, a deputy minister or an employee authorized by a deputy minister may suspend an employee for just cause from the performance of his or her duties.
(2) The commissioner, a deputy minister or an individual delegated authority under section 6 (c) may dismiss an employee for just cause.
Section 22 (1) BEFORE amended by 2023-10-968, effective March 30, 2023 (Royal Assent).
(1) The agency head, a deputy minister or an employee authorized by a deputy minister may suspend an employee for just cause from the performance of his or her duties.
Section 22.1 (1) (a) and (b) BEFORE amended by 2026-5-23, effective June 30, 2026 (BC Reg 94/2026).
(a) in the performance or intended performance of any duty under sections 5.11, 5.12, 5.14 and 19, or
(b) in the exercise or intended exercise of any power under sections 5.11, 5.12, 5.14 and 19 to 20.1.
Section 22.2 BEFORE repealed by 2026-5-24, effective June 30, 2026 (BC Reg 94/2026).
Inadmissibility
22.2 The following are inadmissible in evidence in any grievance procedure under a collective agreement or proceeding before a court or a judicial or quasi-judicial tribunal in relation to a dismissal that is, or was initially, a dismissal under section 22 (2):
(a) an annual report under section 5.2;
(b) any findings or records of the merit commissioner, or a person acting on behalf of or under the direction of the merit commissioner, respecting reviews of eligible dismissals or the preparation of an annual report under section 5.2.
Section 22.3 BEFORE repealed by 2026-5-24, effective June 30, 2026 (BC Reg 94/2026).
Merit commissioner not to be compelled
22.3 The merit commissioner, and a person acting on behalf of or under the direction of the merit commissioner, must not be compelled to give evidence in a grievance procedure under a collective agreement or proceeding before a court or a judicial or quasi-judicial tribunal in relation to a dismissal that is, or was initially, a dismissal under section 22 (2).
Section 24 BEFORE amended by 2003-88-2, effective December 1, 2003 (BC Reg 443/2003).
24 The minister must lay before the Legislative Assembly as soon as practicable, a report for the fiscal year ending March 31 respecting the work of the commission.
Section 25 (4) BEFORE amended by 2003-88-12, effective December 1, 2003 (BC Reg 443/2003).
(4) The Lieutenant Governor in Council may make regulations respecting appeals and inquiries to the appeal board including regulations respecting
(a) the manner of bringing appeals and the time limits within which they may be brought,
(b) time limits within which appeals must be heard and concluded, and
(c) all matters respecting practice, procedure and costs on appeals.
Section 25 (5) BEFORE repealed by 2003-88-12, effective December 1, 2003 (BC Reg 443/2003).
(5) If there is a conflict between a provision of a regulation under subsection (1) or (4) and a provision in a collective agreement between the government and a bargaining agent certified under the Public Service Labour Relations Act, the provision in the collective agreement prevails with respect to employees covered by the collective agreement.
Section 25.1 BEFORE repealed by 2026-5-24, effective June 30, 2026 (BC Reg 94/2026).
Review of dismissal review process
25.1 A special committee of the Legislative Assembly must,
(a) within 5 years after the date this section comes into force, begin a review of this Act in relation to dismissal process reviews by the merit commissioner, and
(b) within one year after the date of the appointment of the special committee, submit a report to the Legislative Assembly respecting this Act in relation to dismissal process reviews by the merit commissioner.
Section 26 (2) was added by 2002-22-10, effective September 1, 2001 [retro from April 30, 2002 (Royal Assent)].
Section 26 (2) BEFORE amended by 2023-10-969, effective March 30, 2023 (Royal Assent).
(2) For greater certainty, a deputy minister appointed on or after September 1, 2001 has no claim for payment of compensation because he or she is ineligible for the benefit provided under section 13 (1).
Supplement BEFORE repealed by 2003-88-13, effective December 1, 2003 (BC Reg 443/2003).
[Supplement]
Public Service Act
[RSBC 1996] CHAPTER 385
Spent
1 to 3 [Spent]
4 Section 18 (4) is amended by adding the following paragraph:
(c) direct that an appellant be appointed to the position taking into account the matters referred to in section 8 (1).
1993-66-18.