Acts and Regulations

84-230 - Exclusions

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-230
under the
Civil Service Act
(O.C. 84-799)
Filed September 21, 1984
Under section 28 of the Civil Service Act, the Lieutenant-Governor in Council, on the recommendation of the Secretary to Treasury Board, makes the following Regulation:
2002, c.11, s.26; 2012, c.39, s.28; 2012, c.52, s.12; 2016, c.37, s.28
1This Regulation may be cited as the Exclusions Regulation - Civil Service Act.
2In this Regulation
“Act” means the Civil Service Act.(Loi)
3The following exclusions are made in accordance with section 28 of the Act:
(a) where a position is reclassified and an employee who held the position that was reclassified immediately prior to the reclassification is appointed to the reclassified position, the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to the reclassified position,
(b) where an employee is appointed to another position within the Civil Service and the maximum rate of pay for the position to which the employee is appointed does not exceed the maximum rate of pay for the position previously held by the employee, the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to the position to which the employee is appointed,
(c) where an employee is laid off or is about to be laid off and a position within the Civil Service, for which the employee is qualified, is vacant or becomes vacant within the period determined by the Secretary to Treasury Board and the employee or former employee, as the case may be, is appointed to the vacant position, the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to the position to which the employee or former employee, as the case may be, is appointed,
(d) where an employee has rendered satisfactory service or has attained additional specific qualifications over a period of time and is appointed to a designated position within the next higher level within a classification series, the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to the designated position to which the employee is appointed,
(e) where temporary or casual appointments are made under the Act or the regulations, the provisions of sections 6, 13 and 33 of the Act do not apply to the persons so appointed or to the positions to which such persons are appointed,
(e.1) Repealed: 2021-62
(e.2) with respect to the temporary or casual appointment of a person to the position of correctional officer for the Department of Justice and Public Safety, the provisions of subsections 17(3), (5) and (6) of the Act do not apply to the person so appointed or to the position to which the person is appointed,
(f) the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to the position of deputy head,
(g) Repealed: 93-139
(h) the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to term positions with the New Brunswick College of Craft and Design,
(i) where a person who has been laid off by the New Brunswick Women’s Council, Kings Landing Corporation, Service New Brunswick, New Brunswick Economic and Social Inclusion Corporation, New Brunswick Museum, Opportunities New Brunswick or Regional Development Corporation is appointed, within one year after the date of the lay off, to a position in the Civil Service for which the person is, in the opinion of the Secretary to Treasury Board, qualified, the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to the person so appointed in relation to the first such appointment in the Civil Service or to the first position in the Civil Service to which the person is appointed,
(i.01) where a person who has been laid off from a portion of the public service specified in Part II, III, or IV of the First Schedule of the Public Service Labour Relations Act or in a portion of the public service under Part I of that Schedule that is not a portion of the Civil Service, is appointed, within one year after the date of the lay off, to a position in the Civil Service for which the person is, in the opinion of the Secretary to Treasury Board, qualified, the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to the person so appointed in relation to the first such appointment in the Civil Service or to the first position in the Civil Service to which the person is appointed,
(i.02) Repealed: 2009-157
(i.1) Repealed: 94-21
(j) the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to persons appointed under subsection 18(1) of the Act or to the positions to which such persons are appointed,
(k) Repealed: 94-21
(k.1) the provisions of sections 6, 13, 23 and 33 of the Act do not apply to position number 32-43-0002 on the plan of establishment for the Regional Assessment Review Boards or to the person appointed to that position,
(l) where a position in or under a department or other portion of the public service specified in Part II or III of the First Schedule of the Public Service Labour Relations Act or in a portion of the public service under Part I of that Schedule that is not a portion of the Civil Service is transferred to a department or other portion of the Civil Service and where the employee who held the position that was transferred immediately before the transfer is appointed to a position with a comparable classification in the department or other portion of the Civil Service the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to the employee so appointed or to the position to which the employee is appointed,
(l.1) Repealed: 2009-157
(l.2) Repealed: 2009-157
(m) the provisions of subsection 6(1) and sections 13 and 33 of the Act do not apply to positions filled by persons who are employees or officers, excluding the Speaker, the Deputy Speaker, the Clerk, the Clerk Assistant, the Official Translator, the Law Clerk, the Official Reporter and the Sergeant-at-Arms, who have been laid off from the Office of the Legislative Assembly,
(n) Repealed: 94-21
(o) Repealed: 94-21
(p) Repealed: 94-21
(q) Repealed: 93-139
(r) Repealed: 93-139
(s) Repealed: 93-139
(t) Repealed: 93-139
(u) Repealed: 93-139
(v) Repealed: 93-139
(w) Repealed: 93-139
(x) Repealed: 93-139
(y) Repealed: 93-139
(z) Repealed: 93-139
(aa) Repealed: 93-139
(bb) Repealed: 93-139
85-10; 85-148; 85-169; 86-158; 87-146; 88-210; 89-37; 89-190; 90-47; 90-91; 90-168; 91-105; 91-141; 92-13; 92-73; 92-97; 92-125; 93-95; 93-131; 93-139; 94-21; 94-29; 96-51; 96-59; 97-6; 1997, c.49, s.21; 97-111; 1998, c.7, s.8; 2000, c.51, s.5; 2002, c.11, s.26; 2006-18; 2009-157; 2010-68; 2010-81; 2010-121; 2011-42; 2012, c.39, s.28; 2012, c.52, s.12; 2015, c.2, s.61; 2015, c.3, s.17; 2015, c.44, s.89; 2016, c.28, s.81; 2016, c.37, s.28; 2016, c.33, s.18; 2020-24; 2021-62; 2021-82; 2022-21
N.B. This Regulation is consolidated to April 5, 2022.