F-3.1.1 - Public Service Act

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53. A deputy minister or a chief executive officer may appoint a person as soon as the person has been declared qualified and is registered in a bank of qualified persons.
Before making a choice, the deputy minister or the chief executive officer may conduct an additional evaluation based on the nature and particularities of the position to be filled.
Despite the first paragraph, the Conseil du trésor may, by regulation, determine cases and circumstances in which the deputy minister or the chief executive officer cannot make an appointment before all candidates have completed the qualification process.
If there is among the qualified persons one to whom an affirmative action program or a program designed to ensure the hiring of handicapped persons applies, the deputy minister or the chief executive officer must take the objectives of the program into consideration when making the appointment. The hiring objectives determined by the Conseil du trésor as regards the various components of Québec society must also be taken into consideration.
The application of this section cannot be the subject of an appeal under section 35.
1983, c. 55, s. 53; 1999, c. 58, s. 3; 2013, c. 25, s. 15.
53. Following a competition, the appointment of a public servant is made by selecting a person from among the persons included in the list of candidates declared qualified.
Where a list of candidates declared qualified includes a candidate to whom an affirmative action program or a program designed to ensure the hiring of handicapped persons applies, the Deputy Minister or the chief executive officer of the public body must take the objectives of the program into consideration. The hiring objectives determined by the Conseil du trésor as regards the various components of Québec society must also be taken into consideration.
1983, c. 55, s. 53; 1999, c. 58, s. 3.
53. Following a competition, the appointment of a public servant is made by selecting a person from among the persons of the same level according to the ranking order of the levels.
Persons at a given level are selected before those at a lower level.
Where the level from which a person is appointed following a competition includes a candidate contemplated by the application of an affirmative action program and that candidate is not selected, the deputy minister or the chief executive officer shall forward to the Conseil du trésor the reasons for which he has not selected that candidate.
1983, c. 55, s. 53.