The Public Service Act

The Public Service Act, C.C.S.M. c. P271 (Assented to May 20, 2021) bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1 Definitions 2 Purpose 3 Application to core, broader and allied public service PART 2 VALUES OF PUBLIC SERVICE 4 Values for an ethical public service 5 Values for an effective public service PART 3 CORE PUBLIC SERVICE 6 Definition 7 Code of conduct and action plan 8 Principles 9 Classification plan 10 Workforce management policies — minister 11 Workforce management policies — commissioner 12 Employment terms and conditions 13 Recruiting, selecting and appointing employees 14 Competitive process, merit 15 Limits on competition, direct appointment 16 Oath or affirmation 17 Status as core public service employee 18 Compliance required 19 Disciplinary actions 20 Suspension for cause 21 Dismissal 22 Lay-off 23 Matters dealt with by collective agreement 24 Collective agreements 25 Public Service Commission 26 Public Service Commissioner 27 Deputy ministers 28 Power to enter into agreement 29 Confidentiality 30 Annual report 31 Regulations PART 4 SENIOR LEADERSHIP — CORE PUBLIC SERVICE 32 Clerk of Executive Council 33 Deputy ministers PART 5 POLITICAL ACTIVITIES OF CORE PUBLIC SERVICE EMPLOYEES 34 Definitions 35 Purpose 36 Permitted activities 37 Candidacy before election period 38 Candidacy during federal or provincial election period 39 Candidacy during municipal or school board election 40 Effect of election on federal or provincial elected representative 41 Deputy ministers PART 6 CONFLICT OF INTEREST AND POST-EMPLOYMENT RESTRICTIONS FOR SENIOR PUBLIC EXECUTIVES 42 Definitions 43 Senior public executives 44 Insider information 45 Use of influence 46 No contracts or benefits 47 No acting or advising 48 No participation in employer's dealings 49 Employment with another government 50 Restitution 51 Offence and penalty PART 7 BROADER PUBLIC SERVICE 52 Purpose 53 Consultation and collaboration 54 Code of conduct, action plan and principles 55 Directive issued to specific employer PART 8 ALLIED PUBLIC SERVICE 56 Repealed 57 Legislative Assembly staff 58 Staff for officers of the Assembly 59 Political staff 60 Code of conduct PART 9 GENERAL PROVISIONS 61 Regulations 62 Protection from liability 63 Crown bound 64 Transitional provisions PART 10 RELATED AND CONSEQUENTIAL AMENDMENTS 65 Amendments in Schedule 66-138 Amendments PART 11 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE 139 Repeal 140 C.C.S.M. reference 141 Coming into force Schedule WHEREAS the public service of Manitoba has contributed to the growth and prosperity of the province by delivering services of the highest quality to the public; AND WHEREAS a modern legislative framework will support a public service that is competent, representative, responsive and impartial; AND WHEREAS Manitoba will continue to benefit from a public service that values respect for others, integrity, accountability, skill and dedication; AND WHEREAS Manitoba will continue to meet present and future challenges with an engaged and sustainable public service that is committed to collaboration, innovation and outcomes focused on its citizens; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTRODUCTORY PROVISIONS Definitions 1(1) The following definitions apply in this Act. "allied public service" means the allied public service described in subsection 3(4). (« fonction publique alliée ») "appointment" means an appointment to a position and includes a transfer or promotion into a position. (« nomination ») "Assembly offices" has the same meaning as "assembly offices" in The Legislative Assembly Management Commission Act . (« bureaux de l'Assemblée ») "broader public service" means the broader public service described in subsection 3(3). (« fonction publique élargie ») "Clerk of the Executive Council" means the Clerk of the Executive Council appointed under section 32. (« greffier du Conseil exécutif ») "collective agreement" means a collective agreement as defined in The Labour Relations Act . (« convention collective ») "commission" means the Public Service Commission established under section 25. (« Commission ») "commissioner" means the Public Service Commissioner appointed under subsection 26(1). (« commissaire ») "core public service" means the core public service described in subsection 3(2). (« fonction publique centrale ») "core public service employee" means an individual appointed to and employed in a position within the core public service. (« employé de la fonction publique centrale ») "department" means a department as defined in The Executive Government Organization Act . (« ministère ») "deputy minister" means the deputy minister of a department appointed under subsection 33(2). (« sous-ministre ») "employee" means an individual employed in the public service and, unless otherwise indicated, includes a manager or executive. (« employé ») "government agency" means a government agency as defined in The Financial Administration Act . (« organisme gouvernemental ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») "officer of the Assembly" means an officer of the Assembly referred to in subsection 58(1). (« haut fonctionnaire de l'Assemblée ») "pay" includes salary, wages, commission or compensation payable in any other form for work performed by an employee, but does not include any additional remuneration, such as an allowance, bonus, premium or benefit of any kind to be paid or provided to the employee. (« rémunération ») "political staff member" means a person appointed under subsection 59(1). (« membre du personnel politique ») "prescribed" means prescribed by regulation. (Version anglaise seulement) "regulation" means a regulation made under this Act. (« règlement ») "workforce management policy" means a workforce management policy established under section 10 or 11. (« politique de gestion de la main-d'œuvre ») Reference to "Act" includes regulations 1(2) In this Act, a reference to "this Act" includes the regulations made under this Act. Information notes and examples 1(3) The information notes and examples are included as aids to the reader and do not form part of this Act. S.M. 2022, c. 20, s. 13 . Purpose 2 The purpose of this Act is to ensure that the public service of Manitoba is ethical and effective in serving the public. Application 3(1) This Act applies to the public service of Manitoba, which consists of the core public service, the broader public service and the allied public service. Core public service 3(2) The core public service consists of the Clerk of the Executive Council, the other deputy ministers and the employees in positions within the departments of government. Broader public service 3(3) The broader public service consists of the chief executive officer or head and employees of the following public bodies: (a) each Crown corporation referred to in The Crown Corporations Governance and Accountability Act ; (b) the following health organizations: (i) each health authority as defined in The Health System Governance and Accountability Act , (ii) each employer listed in the Health Sector Bargaining Unit Review Regulation , Manitoba Regulation 7/2019; (c) The University of Manitoba, The University of Winnipeg, Brandon University, Université de Saint-Boniface, University College of the North, Red River College Polytechnic, Assiniboine Community College, and Manitoba Institute of Trades and Technology; (d) each school district or school division as defined in The Public Schools Act ; (e) every other reporting organization as that term is defined in The Financial Administration Act whose employees are not core public service employees; (f) every other prescribed employer in the public sector or any employer that belongs to a prescribed class of such employers. Allied public service 3(4) The allied public service consists of the staff for the Assembly offices and the constituency offices of members of the Assembly, the staff for the officers of the Assembly, and political staff. S.M. 2022, c. 20, s. 13 ; S.M. 2023, c. 10, s. 44 . PART 2 VALUES OF PUBLIC SERVICE Values for an ethical public service 4 The following values guide the public service in serving the public in an ethical manner: Respect for others (a) treat people with respect, dignity and fairness; (b) appreciate difference and welcome learning from others; (c) foster a workplace free of harassment, including sexual harassment and bullying. Integrity (a) place the public interest over the personal interest; (b) act professionally with honesty, consistency and impartiality; (c) handle sensitive information appropriately and discretely. Accountability (a) be fiscally responsible and focus on the prudent use of public resources; (b) show leadership and take responsibility for decisions and actions. Skill and dedication (a) be open to continual learning and innovation; (b) promote competency through reflection and improvement. Values for an effective public service 5 The following values guide the public service in serving the public in an effective manner: Service (a) provide services fairly, reliably and competently; (b) focus on quality and outcomes to achieve performance standards; (c) be transparent to enable public scrutiny. Collaboration (a) invite teamwork and collaboration to maximize strategic investment in delivering services; (b) engage and collaborate with the public to provide the opportunity to inform, develop and implement services; (c) advance reconciliation through concrete and constructive partnerships with Indigenous peoples. Innovation (a) be flexible and creative in the delivery of public services so as to adapt quickly and effectively to changes in priorities and needs of the public; (b) engage in strategic and predictive decision-making; (c) experiment and measure results to identify opportunities for new responses to complex problems. Sustainability (a) exercise skill and judgment in the use of public resources in delivering services; (b) continually evaluate services to determine if those services are meeting the needs of the public in an efficient and responsive manner. PART 3 CORE PUBLIC SERVICE Definition 6 In this Part, "represented employee" means a core public service employee who is represented by a bargaining agent as defined in The Labour Relations Act . Code of conduct and action plan 7(1) The government must establish (a) a code of conduct based on the values for an ethical public service set out in section 4; and (b) an action plan for the delivery of services based on the values for an effective public service set out in section 5. Code and plan to be made public 7(2) The government must ensure that the code of conduct and the action plan are available to the public on a government website and in any other form that it considers appropriate. Information Note The code of conduct focuses on the expected behaviours of core public service employees in a parliamentary democracy based on the Westminster tradition. The code of conduct informs the commitment of the public service to implementing the decisions of the government of the day, to providing non-partisan advice, and to upholding the law, institutions of government and democratic principles. WORKFORCE MANAGEMENT Principles 8 The principles underlying the management of the workforce in the core public service are Diversity and inclusion — The diversity of the people of Manitoba ought to be represented in the core public service and the varied talents, perspectives and ideas of employees with different backgrounds and experiences ought to be supported. Fairness — Equitable and transparent staffing, classification, employment and pay practices ought to be fundamental to the core public service. Merit — Appointments to the core public service ought to be made on merit and free from political influence. Mobility — Opportunities to work across departments and across the public service ought to be fostered. Classification plan 9 The minister must establish and maintain a classification plan for positions in the core public service. Workforce management policies — minister 10 The minister must establish policies relating to (a) a diverse and inclusive workforce; (b) a respectful workplace, including policies for addressing and preventing harassment, including sexual harassment and bullying; (c) employee conflict of interest; and (d) workforce planning and renewal. Required workforce management policies — commissioner 11(1) The commissioner must develop and implement policies for (a) recruitment, selection and appointment to positions in the core public service; (b) flexible work arrangements, including hours and settings; (c) accommodation in the workplace and re-employment; and (d) performance management and standards of discipline. Additional workforce management policies — commissioner 11(2) The commissioner may develop and implement policies regarding other workforce management matters, such as (a) the use of technology in the workplace; (b) mobility opportunities between departments in the core public service and across the public service; (c) employee engagement and recognition programs; and (d) educational opportunities for employees. Employment terms and conditions set by regulation 12(1) The Lieutenant Governor in Council may make regulations governing the terms and conditions of employment, including terms and conditions for (a) attendance and hours of work; (b) additional remuneration, compensation, leave or other benefit for work done beyond the prescribed hours of work; (c) leaves of absence, including annual vacation or sick leave, and employee benefits; (d) the probationary period for appointments and other conditions of appointment; (e) transfer, promotion or demotion and the process for resignation; (f) employee conduct, discipline, suspension or dismissal or lay-off. Employment terms and conditions for represented employees 12(2) Despite subsection (1), the terms and conditions of employment for represented employees may be established by a collective agreement. If a term or condition of the collective agreement is inconsistent with a term or condition established by regulation, then the term or condition in the collective agreement applies to the represented employees. Recruiting, selecting and appointing employees 13 Recruitment, selection and appointment of core public service employees must be undertaken in accordance with this Act and the policies under it. Competitive process 14(1) The policies for recruitment and selection must provide for a competitive process designed to establish the merit of candidates. Merit re factors to consider 14(2) The factors to be considered in determining merit include education, skills, knowledge, experience and competencies. Limits on recruitment and selection 15(1) Recruitment and selection of core public service employees for specified positions may be limited to the following categories: (a) current employees; (b) candidates who meet diversity and inclusion criteria. Direct appointment 15(2) The commissioner may designate certain positions for which selection may be made by direct appointment because (a) the individual to be appointed has specialized skills, knowledge or experience unlikely to be bettered through a competitive process; (b) the urgency of the staffing requirement renders the competitive process impracticable; or (c) the direct appointment is necessary for the effective deployment of workforce resources. Only one candidate 15(3) An appointment may be made on merit even if only one candidate is considered for the appointment. Oath or affirmation 16 Upon their initial appointment, a core public service employee must take an oath or affirmation of office in the prescribed form. Status as core public service employee 17 A person's status as a core public service employee is established only by appointment in writing pursuant to this Part. Compliance required 18 A core public service employee must comply with this Act, the code of conduct and the workforce management policies. Disciplinary actions 19 A core public service employee may be disciplined for a breach of this Act, the code of conduct or a workforce management policy. Suspension for cause 20 The commissioner or a deputy minister may suspend a core public service employee from the performance of the employee's duties without pay for just cause. Dismissal for cause 21(1) The commissioner or a deputy minister may dismiss a core public service employee for just cause. Dismissal without cause 21(2) The commissioner or a deputy minister may dismiss a core public service employee without cause by giving the employee notice or compensation as provided for in section 61 of The Employment Standards Code . Commissioner to be advised 21(3) Before acting under this section, the deputy minister must advise the commissioner when a core public service employee is to be dismissed. Lay-off 22(1) If the commissioner or deputy minister considers it appropriate to do so, a core public service employee may be laid off due to shortage of work or funds, or the abolition of a position or material change in the duties or organization of the department. Commissioner to be advised 22(2) Before acting under subsection (1), the deputy minister must advise the commissioner when an employee is to be laid off and the reason for the lay-off. Matters dealt with by collective agreement 23 The discipline, suspension, dismissal or lay-off of a represented employee must be dealt with in accordance with the applicable collective agreement if provided for in the agreement. COLLECTIVE AGREEMENTS Power to enter into collective agreement 24(1) The Lieutenant Governor in Council may designate the minister or another member of the Executive Council to enter into a collective agreement on behalf of the government respecting the terms and conditions of employment in the core public service and compensation for employees to whom the collective agreement applies. Certain employees may be excluded 24(2) A collective agreement may exclude from its application certain classes of employees, including employees who perform management functions primarily or are employed in a confidential capacity on matters related to labour relations. ADMINISTRATION Public Service Commission established 25 The Public Service Commission is hereby established as a branch of the government for the purpose of administering this Act, determining compliance with it and supporting workforce management in the core public service. Public Service Commissioner appointed 26(1) The Lieutenant Governor in Council may appoint an individual to be the Public Service Commissioner who, as the administrative head of the commission, ranks as a deputy minister. Duties 26(2) The commissioner is responsible for workforce management across the core public service. In addition to the duties set out in this Act, the commissioner's duties are to (a) advise the minister about this Act, the code of conduct, the plans and the policies under the Act; (b) uphold and promote the values of an ethical and effective public service; (c) provide direction and advice to departments about this Act, the code of conduct, the action plan and the workforce management policies; (d) implement the classification plan established under this Part and review its effectiveness on a regular basis; (e) administer the pay plan established under this Part; (f) provide for and support the recruitment, selection and appointment of persons to or within the core public service; (g) determine which positions, if any, require the involvement or authorization of the commissioner or another department in recruitment, selection or appointment; (h) assist departments with reviews of decisions about recruitment, selection or appointment; (i) review and investigate breaches of this Act, the code of conduct or a workforce management policy; (j) support performance management reviews, disciplinary actions, suspensions, dismissals and lay-offs; (k) oversee the review of selection and discipline decisions by departments; (l) develop, provide, assist or coordinate programs for workforce training, education and career development; (m) develop policies regarding confidentiality with respect to workforce management reviews and investigations under this Act; (n) coordinate the government's position with respect to collective bargaining and to facilitate the negotiation and implementation of collective agreements, including grievance hearings; (o) conduct research and studies about working conditions, succession planning and workforce management; and (p) perform other duties assigned by the minister respecting workforce management, consistent with this Act. Powers 26(3) The commissioner (a) must have access to the departments and their workforce management records; (b) may require from any deputy minister or employee the information and explanations necessary to determine compliance with this Act, the code of conduct and the workforce management policies; (c) may examine and report on the workforce management operations of a department; and (d) may provide services in connection with the workforce management of a department and, in doing so, may place a person employed with the commission in a department. Evidence Act powers 26(4) When performing duties or exercising powers under this Act, the commissioner has the powers of a commissioner under Part V of The Manitoba Evidence Act . Deputy minister responsible for department's workforce management 27(1) Each deputy minister is responsible for managing their department's workforce in accordance with this Act, the code of conduct, the plans and the workforce management policies. The deputy minister's duties include (a) upholding and promoting the values of an ethical and effective public service; (b) recruiting, selecting and appointing the department's employees; (c) implementing the code of conduct, the action plan and the workforce management policies; (d) overseeing the attendance, conduct and performance of the department's employees; (e) participating in the commissioner's reviews of recruitment, selection and appointment of the department's employees; (f) facilitating investigations by the commissioner of breaches of this Act, the code of conduct and the workforce management policies; and (g) maintaining workforce management records as required by the commissioner. Delegation 27(2) The deputy minister may delegate any of the powers and duties under this Act to one or more employees within the department. Commissioner may exercise certain deputy minister's powers 27(3) For the purpose of recruiting, selecting and appointing a department's employees, the commissioner may perform the duties and exercise the powers of a deputy minister with respect to the department. Power to enter into agreement 28 Subject to any requirements under The Financial Administration Act , the commissioner or a deputy minister may enter into an agreement with a person to provide consulting or other professional services. Confidentiality 29 The commissioner, the staff of the commission and any other core public service employees involved in a review or investigation under this Part must maintain the confidentiality of the information and allegations that come to their knowledge in the course of the administration of this Part and must take reasonable precautions to ensure that no more information is disclosed than is necessary. Annual report on state of core public service 30(1) For each fiscal year, the minister must prepare a report on the state of the core public service as well as the work of the commissioner and the commission. Tabling report in the Assembly 30(2) The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the report is completed. REGULATIONS Regulations by LG in C 31 The Lieutenant Governor in Council may make regulations (a) respecting a pay plan; (b) respecting a classification plan; (c) respecting categories of employment in the core public service, such as regular, term and temporary employment; (d) respecting recruitment, selection and appointment based on diversity or inclusion criteria, including veteran status; (e) designating employees of government agencies as core public service employees for the purpose of this Part and specifying the duties, functions and powers related to workforce management matters for the employer; (f) extending the application of clause 15(1)⁠(a) to employees in the broader public service and allied public service; (g) respecting the review of selection, classification and discipline decisions; (h) allowing for payments and other benefits for the purpose of an employee engagement or recognition program; (i) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part. PART 4 SENIOR LEADERSHIP — CORE PUBLIC SERVICE Clerk of Executive Council 32(1) The Clerk of the Executive Council is the head of the core public service. Appointment by LG in C 32(2) The Lieutenant Governor in Council must appoint and fix the remuneration of the Clerk of the Executive Council, who ranks as the senior deputy minister. Deputy minister of a department 33(1) Subject to the direction of the department's minister, a deputy minister is responsible for the operation of the department. The deputy minister acts on the minister's behalf. Appointment by LG in C 33(2) The Lieutenant Governor in Council must appoint and fix the remuneration of a deputy minister. Duties, functions and powers 33(3) The deputy minister must perform the duties and functions and exercise the powers that are assigned to the deputy minister under this or any other Act or by the department's minister or the Lieutenant Governor in Council. Absence of deputy minister 33(4) In the absence of a deputy minister, the duties, functions and powers of the deputy minister may be performed or exercised by the person designated by the deputy minister to act in their absence or, if no person is designated, the person designated by the department's minister or the Lieutenant Governor in Council. PART 5 POLITICAL ACTIVITIES OF CORE PUBLIC SERVICE EMPLOYEES Definitions 34 The following definitions apply in this Part. "election" means a federal, provincial, municipal or school board election. (« élection ») "election period" means (a) in respect of a federal or provincial election, the period starting on the day an election is called and ending on election day; and (b) in respect of a municipal or school board election, the election period within the meaning of subsection 37(3) of The Municipal Councils and School Boards Elections Act . (« période électorale ») "employee" means a core public service employee. (« employé ») "nomination period" means (a) in respect of a federal or provincial election, the period starting on the day an election is called and ending on the day fixed by law for the nomination of a candidate; and (b) in respect of a municipal or school board election, the nomination period as set out in section 39 of The Municipal Councils and School Boards Elections Act . (« période de mise en candidature ») "political activity" means (a) carrying on any activity in support of, within or in opposition to a political party; (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or (c) seeking nomination as or being a candidate in an election before or during the election period. (« activité politique ») Purpose 35 The purpose of this Part is to recognize the right of employees to engage in political activities while maintaining the principle of political impartiality in the core public service. Permitted activities 36(1) An employee may engage in any political activity so long as it does not impair, or is not perceived as impairing, the employee's ability to perform their duties in a politically impartial manner. Regulations 36(2) The Lieutenant Governor in Council may make regulations specifying political activities that are deemed to impair the ability of an employee, or any class of employees, to perform their duties in a politically impartial manner. Factors 36(3) In making regulations, the Lieutenant Governor in Council may take into consideration factors such as the nature of the political activity and the nature of the duties of an employee or class of employees and the level and visibility of their positions. Candidacy before election period 37(1) An employee who seeks nomination as a candidate in an election or is a candidate before the election period may request a leave of absence without pay from their deputy minister. Granting leave 37(2) On receiving the employee's request, the deputy minister must grant the employee a leave of absence without pay for any part of the period before the election period that the deputy minister considers appropriate. Candidacy during federal or provincial election period 38(1) An employee may seek nomination as a candidate or be a candidate in a federal or provincial election during the election period only if the employee has requested and has been granted a leave of absence without pay from their deputy minister. Granting leave 38(2) On receiving the employee's request, the deputy minister must grant the employee a leave of absence without pay for the nomination period or the election period, as the case may be. Candidacy during municipal or school board election 39(1) An employee who seeks nomination as a candidate or is a candidate in a municipal or school board election during the election period may request a leave of absence without pay from their deputy minister. Granting leave 39(2) On receiving the employee's request, the deputy minister must grant the employee a leave of absence without pay for the nomination period or the election period, as the case may be. Effect of election on federal or provincial elected representative 40 An employee ceases to be an employee on the day the employee is declared elected in a federal or provincial election. Deputy ministers 41 The Clerk of the Executive Council and every other deputy minister must not engage in any political activity other than voting in an election. PART 6 CONFLICT OF INTEREST AND POST-EMPLOYMENT RESTRICTIONS FOR SENIOR PUBLIC EXECUTIVES Definitions 42 The following definitions apply in this Part. "dependant" means (a) the spouse or common-law partner of a senior public executive; or (b) any child, natural or adopted, of a senior public executive; who resides with the executive. (« personne à charge ») "employment" includes (a) an appointment to the governing board of a corporation or unincorporated association or organization; and (b) membership in a partnership. (« emploi ») "entity" includes a partnership or unincorporated association or organization. (« entité ») "prescribed reporting organization" means a reporting organization as defined in The Financial Administration Act that is prescribed by regulation under this Part. (« organisme comptable réglementaire ») "senior public executive" means any of the persons listed or referred to in section 43. (« cadre supérieur de la fonction publique ») S.M. 2022, c. 24, s. 31 . Senior public executives 43 This Part applies to the following persons: (a) the Clerk of the Executive Council; (b) a deputy minister; (c) an assistant deputy minister; (d) a person in a prescribed senior executive position; (e) in respect of a prescribed reporting organization, a chairperson, president, vice-president, chief executive officer or deputy chief executive officer or other person in a prescribed senior executive position. S.M. 2022, c. 24, s. 31 . Insider information 44 A senior public executive, or a former senior public executive, must not use for personal gain, or for the gain of another person, information that is not available to the public and which the executive acquires or acquired in the performance of their duties and functions and exercise of their powers. Use of influence 45(1) A senior public executive must not communicate, either directly or indirectly, with a member of the Legislative Assembly or Executive Council, another senior public executive or an employee for the purpose of influencing the government or a prescribed reporting organization to enter into a contract, or to confer a benefit, in which the executive or a dependant of the executive has a pecuniary interest. Application 45(2) This section applies to a former senior public executive for a period of one year following the date on which they leave their executive position. S.M. 2022, c. 24, s. 31 . No contracts or benefits 46(1) Except with the approval of the Lieutenant Governor in Council, a senior public executive must not enter into a contract with, or accept a benefit from, the government or a prescribed reporting organization for a period of one year following the date on which they leave their executive position. Routine services exempted 46(2) Subsection (1) does not apply to contracts that are entered into or benefits that are conferred by the government or a prescribed reporting organization in the course of providing routine services to members of the public, including to senior public executives. S.M. 2022, c. 24, s. 31 . No acting or advising 47 A senior public executive who acts for or advises the government or a prescribed reporting organization on a matter in which the government or organization has an interest must not act for or on behalf of a person or entity in relation to the matter for a period of one year following the date on which they leave their executive position. S.M. 2022, c. 24, s. 31 . Application 48(1) This section applies when a senior public executive leaves their position and accepts employment with a person or entity with whom they had official dealings for a period of one year before the date on which they left their executive position. No participation in employer's dealings 48(2) For a period of one year following the date on which they leave their position, a senior public executive must not, directly or indirectly, attempt to influence or assist or in any way participate in (a) the employer's deliberations on a matter in which the employer has a pecuniary interest and in which the government or a prescribed reporting organization is involved; (b) negotiations or consultations between the employer and the government or a prescribed reporting organization; or (c) the performance of the employer's obligations under a contract between the employer and the government or a prescribed reporting organization. S.M. 2022, c. 24, s. 31 . Employment with another government 49 A senior public executive is not prohibited from accepting employment with, entering into a contract with or accepting a benefit from a government of another province or territory or the Government of Canada. Restitution 50(1) An action for restitution may be brought in the Court of King's Bench by an adversely affected person, including the government or a prescribed reporting organization, against the senior public executive, or a third party, who realized a pecuniary gain in a transaction or matter that is in breach of a provision of this Part. No additional action by government or prescribed reporting organization 50(2) The government or prescribed reporting organization may not apply for a restitution order if another person obtains a restitution order in favour of the government or organization against the senior public executive in relation to the same transaction or matter. Limit on third party restitution order 50(3) The amount awarded as restitution against a third party may not exceed the amount of pecuniary gain realized by the third party. Limitation period 50(4) An application for a restitution order must not be brought more than six years after the date of the transaction or matter that results in the alleged pecuniary gain. S.M. 2022, c. 24, s. 31 . Offence and penalty 51(1) A person who contravenes a provision of this Part is guilty of an offence and liable to a fine of not more than $10,000. Restitution 51(2) A judge may order restitution to the government or a prescribed reporting organization as the judge considers appropriate in the circumstances in addition to the fine. S.M. 2022, c. 24, s. 31 . PART 7 BROADER PUBLIC SERVICE Purpose 52 The purpose of this Part is to facilitate a consistent and coordinated approach for ensuring an ethical and effective public service of Manitoba. Consultation and collaboration 53 The Clerk of the Executive Council and the commissioner may (a) consult and collaborate with employers in the broader public service on matters related to this Act; and (b) establish a council of employers in the broader public service as a forum to foster an ethical public service based on the values of respect for others, integrity, accountability and skill and dedication and to share best practices for an effective public service based on the values of service, collaboration, innovation and sustainability. Examples The core public service and the broader public service can consult and collaborate to ensure that their respectful workplace policies deal appropriately and expeditiously with any complaint about workplace misconduct that involves their employees. The core public service and the broader public service can consult and collaborate to increase workforce mobility opportunities across the public service. Code of conduct and action plan 54(1) Each employer in the broader public service must establish (a) a code of conduct based on the values for an ethical public service set out in section 4; and (b) an action plan for the delivery of services based on the values for an effective public service set out in section 5. Code and plan to be made public 54(2) The employer must ensure that the code of conduct and action plan are available to the public on a publicly accessible website and in any other form that it considers appropriate. Principles 54(3) The principles underlying the management of the workforce in the broader public service are as follows: Diversity and inclusion — The diversity of the people of Manitoba ought to be represented in the broader public service and the varied talents, perspectives and ideas of employees with different backgrounds and experiences ought to be supported. Fairness — Equitable and transparent classification, staffing, employment and pay practices ought to be fundamental to the broader public service. Merit — Staffing decisions in the broader public service ought to be made on merit and free from political influence. Mobility — Opportunities to work across the public service ought to be fostered. Directive issued to specific employer 55(1) The minister may issue a directive to a specific employer in the broader public service (a) dealing with matters related to the employer's code of conduct or action plan; (b) requiring the establishment of policies on workforce management matters, such as diversity and inclusion, respectful workplace (which must deal with addressing and preventing harassment, including sexual harassment and bullying), and conflict of interest, that are not inconsistent with this Act; (c) requiring appointments of employees to be based on merit; and (d) requesting information about matters referred to in clauses (a) to (c). Directive may differ 55(2) A directive may differ from a directive issued to another employer. Employer must comply 55(3) An employer to whom a directive is issued under this section must comply with the directive. Directives must be made public 55(4) Within 30 days after issuing a directive, the minister must make the directive public in a manner that the minister considers appropriate. PART 8 ALLIED PUBLIC SERVICE THE LEGISLATIVE ASSEMBLY 56 [Repealed] S.M. 2022, c. 20, s. 13 . Legislative Assembly staff 57(1) For greater certainty, The Legislative Assembly Management Commission Act applies to staff for the Assembly and the Assembly offices. Information Note For staff of the Assembly and the Assembly offices, see subsections 8(5) and (6) of The Legislative Assembly Management Commission Act for the obligations relating to the code of conduct, action plan and workforce management policies. For staff in constituency offices, see section 52.8.1 of The Legislative Assembly Act for the obligations relating to the code of conduct and respectful workplace policy. Commissioner may provide assistance 57(2) The commissioner may (a) assist and support the Legislative Assembly Management Commission in dealing with matters referred to in Parts 2 and 3; and (b) enter into an agreement to provide services to the Legislative Assembly Management Commission with respect to workforce management matters referred to in Part 3. Examples The commissioner can assist the Legislative Assembly Management Commission to ensure that their respectful workplace policies deal appropriately and expeditiously with any complaint about workplace misconduct that involves their employees. The commissioner can assist and support the Legislative Assembly Management Commission in providing opportunities to increase workforce mobility opportunities for their employees. Staff for officers of the Assembly 58(1) This section applies to appointments and employment of staff for the following officers of the Assembly: (a) the Advocate for Children and Youth; (b) the Auditor General; (c) the Chief Electoral Officer; (d) the Information and Privacy Adjudicator; (e) the Ombudsman; (f) the registrar appointed under The Lobbyists Registration Act ; (g) the Seniors' Advocate. Officers of the Assembly responsible for workforce management 58(2) Each officer of the Assembly is responsible for managing the officer's staff in accordance with Part 3 and the regulations under it and the code of conduct, plans and workforce management policies. The officer's duties include (a) upholding and promoting the values of an ethical and effective public service; (b) recruiting, selecting and appointing the staff; (c) implementing the code of conduct, action plan and workforce management policies; (d) overseeing attendance, conduct and performance; (e) participating in the commissioner's reviews of recruitment, selection and appointment; (f) facilitating investigations by the commissioner of breaches of Part 3 and the regulations under it, the code of conduct and the workforce management policies; and (g) maintaining workforce management records as required by the commissioner. Code of conduct and action plan 58(3) The commissioner must consult with each officer of the Assembly for the purpose of establishing (a) a code of conduct based on the values for an ethical public service set out in section 4; and (b) an action plan for the delivery of services based on the values for an effective public service set out in section 5. Code and plan to be made public 58(4) The government and the officers of the Assembly must ensure that the code of conduct and the action plan are available to the public on a government website and in any other form that they consider appropriate. Status 58(5) A person's status as a member of the staff for an officer of the Assembly is established only by appointment in writing pursuant to this section and, for greater certainty, the government is the employer. Staff entitled to same rights and benefits as core public service 58(6) Subject to collective bargaining, the staff for an officer of the Assembly are entitled to the same rights and benefits as employees in the core public service. Commissioner may provide workforce management assistance 58(7) The commissioner may enter into an agreement to provide services and assistance to one or more officers of the Assembly with respect to workforce management matters referred to in Part 3. Political activities 58(8) Part 5 applies, with necessary changes, to the staff for an officer of the Assembly other than the staff for the Chief Electoral Officer. S.M. 2022, c. 20, s. 13 ; S.M. 2024, c. 35, Sch. E, s. 28 . Information Note For the provision relating to political activities of the Chief Electoral Officer's staff, see subsection 31(3) of The Elections Act . POLITICAL STAFF Appointment of political staff 59(1) The Lieutenant Governor in Council may appoint persons for the purpose of (a) acting in a confidential capacity to the Executive Council or a member of Executive Council; or (b) providing special, professional or technical expertise to the Executive Council or a member of Executive Council. Terms and conditions of employment 59(2) A person may be appointed by the Lieutenant Governor in Council on terms and conditions, including remuneration, authorized by order of, or prescribed by, the Lieutenant Governor in Council. Oath or affirmation 59(3) Upon their initial appointment, a political staff member must swear or affirm an oath or affirmation of office in the prescribed form. Code of conduct 60(1) The government must establish a code of conduct for political staff based on the values for an ethical public service set out in section 4 and make the code available to the public on a government website and in any other form that it considers appropriate. Compliance required 60(2) A political staff member must comply with the code of conduct and any prescribed workforce management policies and restrictions on political activities. PART 9 GENERAL PROVISIONS Regulations — LG in C 61(1) The Lieutenant Governor in Council may make regulations (a) excluding classes of employees or categories of employment from the core public service, broader public service or allied public service; (b) prescribing anything referred to in this Act as being prescribed; (c) defining any word or expression used in this Act but not defined; (d) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. Regulations — minister 61(2) The minister may, by regulation, prescribe the form of oath or affirmation of office. General or specific 61(3) A regulation made under this section may be general or specific in its application. Protection from liability 62 No action or proceeding may be brought against the minister, commissioner or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act. Crown bound 63 This Act binds the Crown. TRANSITIONAL PROVISIONS Transition from former Act to new Act 64(1) In this section, "former Act" means The Civil Service Act , R.S.M. 1987, c. C110. Civil service to public service 64(2) An individual who, on the coming into force of this section, is employed under the former Act in a civil service position as indicated in Column 1 of the following table is deemed to be appointed under this Act to the position in the public service as indicated opposite in Column 2:

Column 1 Civil service position Column 2 Public service position Clerk of the Executive Council Clerk of the Executive Council appointed under subsection 32(2) Clerk of the Legislative Assembly Clerk of the Legislative Assembly appointed under subsection 56(1) commissioner appointed under subsection 4(1) of the former Act Public Service Commissioner appointed under subsection 26(1) deputy minister deputy minister appointed under subsection 33(2) employee under an officer of the Legislature staff for an officer of the Legislature, appointed under subsection 58(5) technical officer designated under the Technical Officers Designation Regulation , OIC 683/1993 political staff member appointed under subsection 59(1) any employee as defined in subsection 1(1) of the former Act who is not elsewhere referred to in this table core public service employee appointed pursuant to section 17 Position not within the core public service 64(3) For greater certainty, subsection (2) does not apply to the Chief Electoral Officer who is appointed under section 23 of The Elections Act . Civil Service Commission 64(4) On the coming into force of this section, (a) The Civil Service Commission is dissolved; and (b) subject to subsection (2) insofar as it applies to a commissioner appointed under subsection 4(1) of the former Act, the appointment of each member of the commission is terminated, and all the rights and obligations of a member in relation to or under the appointment are extinguished. Appeal to commission 64(5) Despite subsection (4), an appeal to The Civil Service Commission that has been commenced by a core public service employee but that has not been concluded before the coming into force of this section must be concluded under the former Act as if this Act had not come into force. Collective agreements 64(6) To the extent that a collective agreement entered into before the coming into force of this section refers to the former Act or a specific provision of it, the former Act continues to apply to the collective agreement but only until the collective agreement is revised and renewed. Exception — appeal to commission 64(7) Subsection (6) does not apply to a reference to the former Act or a specific provision of it in relation to an appeal that is commenced after the coming into force of this section under a collective agreement described in that subsection. For greater certainty, a provision of the collective agreement that provides for an appeal to The Civil Service Commission is of no force and effect and The Labour Relations Act applies instead. Reference to commission in collective agreement 64(8) Despite subsection (6) but subject to subsection (7), any reference to The Civil Service Commission in a collective agreement entered into before the coming into force of this section is deemed to refer to the Public Service Commissioner appointed under subsection 26(1) of this Act. Leave of absence without pay for elected representative 64(9) Subsection 44(6) of the former Act continues to apply to an employee who has been granted a leave of absence without pay before the coming into force of this section until the expiry of the time period referred to in clause 44(6)⁠(a) or (b) of the former Act, as the case may be. Effect of enactment 64(10) A claim for constructive dismissal or breach of contract does not arise by reason only of the enactment of this Act. Effect on Civil Service Superannuation Act 64(11) An individual's entitlement under The Civil Service Superannuation Act on or before the coming into force of this section is not affected in any manner by reason only of the enactment of this Act. Reference in other Acts to employees 64(12) An individual who, on the coming into force of this section, had been appointed and is employed under the former Act pursuant to an Act listed in Part 10 or listed in a table in the Schedule is deemed to be appointed under Part 3 of this Act or section 58 of this Act, as the case may be. Regulations 64(13) The Lieutenant Governor in Council may make regulations to remedy any difficulty, inconsistency or impossibility resulting from the transition from the former Act to this Act. PART 10 RELATED AND CONSEQUENTIAL AMENDMENTS 65 to 138 NOTE: These sections contained consequential amendments to other Acts which are now included in those Acts. PART 11 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE Repeal 139 The Civil Service Act , R.S.M. 1987, c. C110, and the regulations under that Act, are repealed. C.C.S.M. reference 140 This Act may be referred to as chapter P271 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 141 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2021, c. 11 came into force by proclamation on February 26, 2022.