Acts and Regulations

93-137 - General

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Current to 20 November 2023
NEW BRUNSWICK
REGULATION 93-137
under the
Civil Service Act
(O.C. 93-558)
Filed July 26, 1993
Under section 41 of the Civil Service Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Civil Service Act.
2In this Regulation
“Act” means the Civil Service Act.(Loi)
CIVIL SERVICE
3The following are the portions of the public service for the purposes of the definition “Civil Service” in the Act:
Department of Aboriginal Affairs
Department of Agriculture, Aquaculture and Fisheries
Department of Education and Early Childhood Development
Department of Environment and Local Government
Department of Finance and Treasury Board
Department of Health
Department of Justice and Public Safety
Department of Natural Resources and Energy Development
Department of Post-Secondary Education, Training and Labour
Department of Social Development
Department of Tourism, Heritage and Culture
Department of Transportation and Infrastructure
Executive Council Office
Labour and Employment Board
New Brunswick Police Commission
Office of the Comptroller
Office of the Premier
Regional Assessment Review Boards - Full-time Employees
93-178; 94-22; 94-149; 95-53; 96-32; 1998, c.41, s.19; 2000, c.26, s.35; 2001-72; 2001-77; 2001, c.41, s.7; 2003, c.23, s.2; 2003-32; 2003-74; 2004, c.20, s.9; 2005-115; 2006-16; 2006, c.16, s.20; 2007, c.10, s.20; 2007-12; 2008-41; 2008, c.6, s.9; 2010, c.31, s.23; 2012, c.39, s.29; 2012, c.52, s.13; 2013, c.42, s.7; 2015, c.2, s.61; 2015, c.44, s.89; 2016, c.37, s.28; 2019, c.2, s.25; 2019, c.29, s.25; 2019, c.29, s.166; 2020, c.25, s.20
CLOSED COMPETITIONS
4(1)The following are portions of the public service for the purposes of paragraph (b) of the definition “closed competition” in the Act:
(a) New Brunswick Women’s Council;
(b) Repealed: 1997, c.49, s.22
(c) Repealed: 1997, c.49, s.22
(c.1) Repealed: 2015, c.3, s.17
(c.2) Opportunities New Brunswick;
(d) Repealed: 1998, c.7, s.7
(e) Kings Landing Corporation;
(f) M.O.R.E. SERVICES INC.;
(g) Repealed: 96-58
(h) Service New Brunswick;
(h.1) Repealed: 2016, c.28, s.81
(i) New Brunswick Museum;
(i.1) Repealed: 2015, c.44, s.89
(j) Regional Development Corporation;
(j.1) New Brunswick Economic and Social Inclusion Corporation.
(k) Repealed: 1997, c.49, s.22
(l) Repealed: 1997, c.49, s.22
(m) Repealed: 1997, c.49, s.22
4(2)Repealed: 2009-158
4(3)The Equal Employment Opportunity Program is prescribed for the purposes of paragraph (e) of the definition “closed competition” in the Act.
4(4)The following persons are prescribed for the purposes of paragraph (f) of the definition “closed competition” in the Act:
(a) persons who are employed in a portion of the public service of the Province specified in Part II or III of the First Schedule of the Public Service Labour Relations Act;
(b) persons who have been laid off one year or less from a portion of the public service of the Province specified in Part II or III of the First Schedule of the Public Service Labour Relations Act as of the closing date of the competition;
(c) persons who have been laid off one year or less from those portions of the public service listed in subsection (1) as of the closing date of the competition;
(d) persons who are employed in Ombud New Brunswick, the Office of the Legislative Assembly or the Office of the Auditor General; and
(e) persons who have been laid off one year or less from Ombud New Brunswick, the Office of the Legislative Assembly or the Office of the Auditor General as of the closing date of the competition.
94-22; 96-52; 96-58; 1997, c.49, s.22; 1998, c.7, s.7; 2000, c.51, s.6; 2006-16; 2009-158; 2010-69; 2010-122; 2011-43; 2012-60; 2015, c.2, s.61; 2015, c.3, s.17; 2015, c.44, s.89; 2016, c.28, s.81; 2016, c.33, s.18; 2017-39
MERITORIOUS SERVICE
2014-141
4.01The following classes of persons are designated for the purposes of paragraph (c) of the definition “veteran” in subsection 10(1) of the Act:
(a) former members of the regular force or the primary reserve who were placed on active service within the meaning of section 31 of the National Defence Act (Canada) and have been honourably released;
(b) former members of the regular force or the primary reserve who were placed on special duty service as defined in the Canadian Forces Members and Veterans Re-establishment and Compensation Act (Canada) and have been honourably released;
(c) former members of the regular force or the primary reserve who were released on medical grounds in accordance with chapter 15 of the QR&O, if the person’s disability or disease arose out of or was directly connected with his or her training or military service; and
(d) persons who accompanied a component, unit or other element of the Canadian Forces or were attached or seconded to it under conditions of service that were equivalent to active service as referred to in paragraph (a) or special duty service as referred to in paragraph (b) for a cumulative period of at least three years.
2014-141
BREAK IN SERVICE
2009-158
4.1For the purposes of subparagraph 16(1)(d)(ii) the period of time applicable is one year.
2009-158
EMPLOYMENT AND DEVELOPMENT PROGRAMS
2009-158
5(1)The Equal Employment Opportunity Program is a employment equity program for the purposes of paragraph 16(1)(a) of the Act.
5(2)The Talent Management Program is a human resource development program for the purposes of paragraph 16(1)(b) of the Act.
2009-158
CENTRAL AGENCIES
95-53
5.1The following portions of the public service of the Province are prescribed for the purposes of the definition “central agency” in subsection 27.2(1) of the Act:
Department of Finance and Treasury Board
Executive Council Office
Office of the Comptroller
95-53; 1998, c.41, s.19; 2000, c.26, s.35; 2001-72; 2003, c.23, s.2; 2006, c.16, s.20; 2012, c.39, s.29; 2012, c.52, s.13; 2016, c.37, s.28; 2019, c.29, s.25
SPECIAL OPERATING AGENCIES
5.2The College Support Service Branch of the Department of Post-Secondary Education, Training and Labour and the New Brunswick College of Craft and Design and their Chief Administrative Officers are prescribed for the purposes of subsection 3.1(2.1) of the Act.
97-59; 2010-80
REPEAL AND COMMENCEMENT
6New Brunswick Regulations 84-209 and 92-62 under the Civil Service Act are repealed.
7This Regulation comes into force on August 1, 1993.
N.B. This Regulation is consolidated to December 18, 2020.