Gazette officielle du Québec. Québec official gazette., 10 mars 1982, Partie 2 anglais mercredi 10 (no 12)

[" Gazette officielle du IJuébec (English Edition) Part 2 Laws an-Regulation Volume 11 *|* 10 March 1982 No.12 Editeur officiel Québec i 1 i i i Gazette officielle du Québec Part 2 Volume 114 Laws and .Krch1982 Regulations Summary ' Table of contents.763 Order in Council.\".765 Treasury Board.-.771 Index.779 Postage paid in cash \u2014 Third class matter (permit No.167) Legal deposit \u2014 I\" Quarterly 1968 Bibliothèque nationale du Québec © Éditeur officiel du Québec.1982 NOTICE TO READERS The Gazette officielle du Québec (Laws and Regulations) is published under the authority of the Legislature Act (R.S.Q., c.L-l) and the Regulation respecting the Gazette officielle du Québec (O.C.3333-81, dated 2 December 1981).Part 2 of the Gazette officielle du Québec is published at least every Wednesday under the title \"LOIS ET RÈGLEMENTS'\".If a Wednesday is a legal holiday, the Official Publisher is authorized to publish on the preceding day or on the Thursday following such holiday.1.Part 2 contains: 1.Acts assented to, before their publication in the annual collection of statutes; 2.proclamations of Acts; 3.regulations made by the Government, a minister or a group of ministers and of Government agencies and semi-public agencies described by the Charter of the French language (R.S.Q., c.C-ll), which before coming into force must be approved by the Government, a minister or a group of ministers; 4.Orders in Council of the Government, decisions of the Conseil du trésor and ministerial orders whose publication in the Gazette officielle du Québec is required by law or by the Government; 5.regulations and rules made by a Government agency which do not require approval by the Government, a minister or a group of ministers to come into force, but whose publication in the Gazette officielle du Québec is required by law ; 6.rules of practice made by judicial courts and quasi-judicial tribunals; 7.drafts of the texts mentioned in paragraph 3 whose publication in the Gazette officielle du Québec is required by law before their adoption or approval by the Government.2.The English edition The English edition of the Gazette officielle du Québec is published at least every Wednesday under the title \"Part 2 \u2014 LAWS AND REGULATIONS\".When Wednesday is a holiday, the Official Publisher is authorized to publish it on the preceding day or on the Thursday following such holiday.The English version contains the English text of the documents described in paragraphs I, 2, 3, 5.6 and 7 of section 1.3.Rates 1.Subscription rates Subscription rates are as follows: Part 2 (French) .65 S per year English edition .65 S per year 2.Special rates The annual subscription does not include the Drug List whose publication is required under the Health Insurance Act (R.S.Q., c.A-29).The said publication is sold separately by number at a maximum rate of 30 S a copy.3.Rates for sale separate numbers Separate numbers of the Gazette officielle du Québec, except the publication mentioned in paragraph 2, sell for 4 S a copy.4.Publication rates The publication rate is 0,60 S per agate line regardless of the number of insertions.For information concerning the publication of notices, please call : Georges Lapierre Gazette officielle du Québec Tél.: (418) 643-5195 ' Offprints or subscription rates only: Service de la diffusion des publications Tél.: (418) 643-5150 All correspondence should be sent to the following address : Gazette officielle du Québec 1283, boul.Charest ouest Québec, QC GIN 2C9 L'Éditeur officiel du Québec Part 2__GAZETTE OFFICIELLE DU QUÉBEC.March 10.19X2, Vol.114.No.12 763 Order(s) in Council 499-82 Fiscal administration (Amend.).765 Treasury Board 137607 Holding of competitions for recruitment and promotion in the civil service 771 Table of contents Page i i I I ¦ i ¦ Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 10.1982.Vol.114.No.12 765 Order(s) in Council O.C.499-82, 10 March 1982 An Act respecting the Ministère du revenu (R.S.Q , c.M-31) i Fiscal administration \u2014 Amendments Concerning the Regulation amending the Regulation concerning fiscal administration.Whereas pursuant to the first paragraph of section 7 of An Act respecting the Ministère du revenu (R.S.Q., c.M-31), no deed, document or writing shall bind the department or be attributed to the Minister unless it is signed by him, by the Deputy Minister or by a functionary and only, as regards the latter, to the extent determined by regulation.Whereas pursuant to the second paragraph of section 31 of the said Act, the Government may make regulations to determine that a refund owing to a person by reason of the application of a fiscal law may also be allocated to the payment of any amount for which that person is in debt to the Government under an Act other than a fiscal law ; Whereas the Regulation concerning fiscal administration was made under the Act by Order in Council 3784-72 dated 13 December 1972; Whereas Chapter 1.1 of the said Regulation, comprising sections 7R1 to 7R28 arid respecting the signing of certain documents, was made by section 2 of the Regulation made by Order in Council 3347-81 dated 2 December 1981 ; Whereas Chapter III.l of the Regulation, comprising sections 31R1 to 31R5, and respecting reimbursements and allocations, was made by section 1 of the Regulation made by Order in Council 80-82 dated 13 January 1982; Whereas it is advisable to replace Chapter 1.1 to adapt it to the new structures in force in the ministère du Revenu; Whereas it is advisable to change Chapter III.l to enable, the Minister of Revenue to make the allocation prescribed by the second paragraph of section 31 of the Act respecting the Ministère du revenu in respect of the amounts due under the Students Loans and Scholarships Act (R.S.Q., c.P-21) and An Act respecting the Société d'habitation du Québec (R.S.Q., c.S-8).It is ordered, upon the recommendation of the Minister of Revenue: That the Regulation attached hereto entitled \"Regulation amending the Regulation concerning fiscal administration\" be made.Lous Bernard, , Clerk of the Conseil exécutif.Regulation amending the Regulation concerning fiscal administration An Act respecting the Ministère du revenu (R.S.Q., c.M-31, ss.7 and 31) 1.The Regulation concerning fiscal administration, made by Order in Council 3784-72 dated 13 December 1972 and amended by the Regulations made by Orders in Council 1852-75 dated 7 May 1975, 451-76 dated 11 February 1976, 1442-77 dated 4 May 1977, 4467-77 dated 21 December 1977, 1045-79 dated 11 April 1979 and by the Regulations made by Orders in Council 337-80 dated 6 February 1980 and 936-80 dated 26 March 1980, 3347-81 dated 2 December 1981 and ' 80-82 dated 13 January 1982, is further amended by replacing Chapter 1.1, comprising sections 7R1 to 7R28 by the following Chapter, Divisions and sections: « CHAPTER 1.1 SIGNING OF CERTAIN DOCUMENTS 7R1 The Assistant Deputy Ministers of the ministère du Revenu are authorized to sign, in the place of the Minister of Revenue but within the limits of their duties, all documents that the Minister is authorized to sign under a fiscal law.DIVISION I DOCUMENTS RESPECTING FISCAL LAWS 7R2 The functionaries of the ministère du Revenu who hold the positions mentioned in this Division are authorized to sign, in the place of the Minister of Revenue but within the limits of their duties documents that the Minister is authorized to sign under a fiscal law referred to in this Division. 766 GAZETTE OFFICIELLE DU QUÉBEC, March 10.1982.Vol.114.No.12 Part 2 7R3 A functionary who holds the position of \"Director of Objections and Appeals\" with the Direction générale de la législation, of \"Director of the Tax Service\" or of \"Director of the Income Tax Service\" with the Direction des oppositions et appels of that Branch and the functionaries who hold the positions of \"Director of the Objections Service\" with the Québec City or Montréal regional office of that Branch are authorized to sign the documents required for the application of the following provisions: (1) sections 39 and 58.1 of the Act, for the purposes of sections 1059, 1062, 1165, 1185 and 1222 of the Taxation Act (R.S.Q., c.1-3), section 95 of the Act; (2) sections 58.1R3 and 58.1R4; (3) sections 1059, 1062 and subsection 1 of section 1168 of the Taxation Act ; .(4) the second paragraph of section 45 of An Act respecting the application of the Taxation Act (R.S.Q., c 1-4); (5) section 69 of An Act respecting the Québec Pension Plan (R.S.Q., c.R-9); (6) the second paragraph of section 18 and section 20 of An Act respecting work income supplement (R.S.Q., c.S-37.1); and (7) the second paragraph of section 23 and section 25 of the Real Estate Tax Refund Act (1979, c.12).7R4 A functionary who holds the position of \"Director of Income Tax\" with the Direction générale de la législation is authorized to sign the documents required for application of the following provisions : (1) sections 39 and 58.1 of the Act; (2) sections 58.IR3 and 58.1R4; (3) subsection 2 of section 31 and sections 38 and 46 of the Land Transfer Duties Act (R.S.Q., c.D-17); and (4) sections 130R10 and 130R86 and Classes 24, 27 and 34 of Schedule B of the Regulation respecting the Taxation Act.7R5 A functionary who holds the position of \"Director of Consumer Taxes\" with the Direction générale de la législation is authorized to sign the documents required for the application of sections 39 and 58.1 of the Act.7R6 A functionary who holds the position of \"Director of Individuals and Social Benefit Plans\" with the Direction générale de la législation is authorized to sign the documents required for the application of the following provisions: (1) sections 39 and 58.1 of the Act; (2) sections 58.1R3 and 58.1R4; (3) section 1016 of the Taxation Act; (4) section 65 of An Act respecting the Québec Pension Plan; and (5) section 1015R4 of the Regulation respecting the Taxation Act.7R7 A functionary who holds the position of \"Director of Programs and Methods\" with the Direction générale de la vérification or one who holds the position of \"Head of the Accreditation Service\" of the Direction des programmes et méthodes of the Direction générale de la vérification is authorized to sign the documents required for application of the following provisions: (1) section 14, subsection 2 of section 34 and sections 37, 39 and 58.1 of the Act; (2) sections 58.IR3 and 58.1R4; (3) section i respecting a registered retirement plan, the second paragraph of section 7, section 139, paragraphs a and b of subsection 1 of section 222, paragraph a of section 337, sections 870, 876, 891, 899, 906, 936, 944, 945, 961.2, 961.9, subsection 3 of section 962, sections 985.3 to 985.8, 985.15, 985.20, 996, 1063, 1064, 1098 and 1100 of the Taxation Act; and (4) sections 5 and 6 of the Regulation concerning Canadian Interprovincial Highway Transportation Companies and the Retail Sales Tax Act; (5) section 8 of the Regulation respecting the undertakings carrying out exploratory drilling in the Province of Québec and the Retail Sales Tax Act; (6) sections 870R2, 891R1, 906R1, 936R1 and 961.2R1 of the Regulation respecting the Taxation Act; and (7) section 3.3 of the Regulation under the Meals and Hotels Tax Act.7R8 A functionary who holds the position of \"Director of Special Investigation\" with the regional offices in Montréal and Québec City of the Direction générale de la vérification is authorized to sign the documents required for the application of the following provisions : (1) sections 13, 14, 15, 17, 34, 35, 39, and 58.1 of the Act; (2) sections 58.1R3 and 58.IR4; and (3) paragraph / of subsection 2 of section 1000, section 1001 and subsection 2 of section 1030 of the Taxation Act. Part 2 GAZETTE OFFICIELLE DU QUÉBEC.March 10.1982.Vol.114.No.12 767 7R9 A functionary who holds the position of \"Director of the Audit Branch\" with the regional offices in Montréal and Québec City of the Direction générale de la vérification is authorized to sign all the documents referred to in sections 7R10 to 7R16.7R10 A functionary who holds the position of \"Head of the Income Tax Audit Service\" with the regional offices in Montréal and Québec City of the Direction générale de la vérification is authorized to sign the documents required for the application of the following provisions: (1) sections 14, 34, 35, 39 and 58.1 of the Act; (2) sections 58.1R3 and 58.1R4; (3) sections 55 and 62 of the Succession Duties Act (R.S.Q., c.D-13.2); (4) section 15, subsection 2 of section 31 and section 38 of An Act to authorize municipalities to collect duties on transfers of immoveables; (5) the second paragraph of section 7, sections 85, 98, 195, 216, 325, 361, 525, the second paragraph of section 647, subsection 2 of section 678, section 701, paragraph / of subsection 2 of section 1000, section 1001, section 1016 in respect of alimentary pensions and subsection 1 of section 1168 of the Taxation Act ; (6) the second paragraph of section 45 of An Act respecting the application of the Taxation Act; and (7) subsection 9 of section 130R2 of the Regulation respecting the Taxation Act.7R11 A functionary who holds the position of \"Head of a Division\" in the Service de la vérification des impôts of the regional offices in Montréal and Québec City of the Direction générale de la vérification is authorized to sign the documents required for the application of the following provisions : (1) subsection 1 of section 34 and sections 35, 39 and 58.1 of the Act; and (2) sections 58.1R3 and 58.1R4.7R12 A functionary who holds the position of \"Head of the Deductions at Source Division\" in the Service de la vérification des impôts with the regional offices in Montréal and Québec City of the Direction générale de la vérification is authorized to sign, in addition to the documents referred to in section 7R11, the documents required for the application of section 1016 of the Taxation Act in respect of alimentary pensions.7R13 In addition to the documents referred to in section 7R15, a functionary who holds the position of \"Head of the Succession Duties, Income Tax and Evaluation Branch\" of the Service de la vérification des impôts with the regional offices in Montréal and Québec City of the Direction générale de la vérification is authorized to sign the documents required for the application of the following provisions : (1) section 14 of the Act, and for purposes of the Succession Duties Act, section 36 of the Act; (2) sections 55 and 62 of the Succession Duties Act; and (3) sections 1098 and 1100 of the Taxation Act.The functionary's signature or a facsimile thereof may be affixed by.means of an automatic device, engraved, lithographed or printed on the documents referred to in subparagraph 2 of the first paragraph but the said documents must then be countersigned by a person authorized by the Minister.7R14 In addition to the documents referred to in section 7R15, a functionary who holds the position of \"Head of the Tax Audit Service\" with the regional offices in Montréal and Québec City of the Direction générale de la vérification is authorized to sign the documents required for the application of the following provisions : (1) subsection 3 of section 3 of the Retail Sales Tax Act; (2) section 5 of the Tobacco Tax Act (R.S.Q., c: 1-2) ; (3) section 1 of the Licenses Act (R.S.Q., c.L-3) ; (4) sections 25, 29 and 30 of the Fuel Tax Act (R.S.Q., c.T-l);- « (5) subsections 3 and 6 of section 7 of the Broadcast Advertising Tax Act (R.S.Q., c.T-2); (6) subsections 3 and 4 of section 5 of the Meals and Hotels Tax Act (R.S.Q., c.T-3); and (7) subsection 3 of section 2 of the Telecommunications Tax Act (R.S.Q., c.T-4).7R1S A functionary who holds the position of \"Head of a Division\" in the Service de la vérification des taxes with the Québec City or Montréal regional office of the Direction générale de la vérification is authorized to sign the documents required for the application of the following provisions: (1) subsection 1 of section 34 and sections 35, 39 , and 58.1 of the Act; (2) sections 58.1R3 and 58.1R4; (3) section 12 of the Retail Sales Tax Act; (4) sections 33 and 36 of the Fuel Tax Act; (5) section 3 of the Broadcast Advertising Tax Act ; and (6) section 4 of the Telecommunications Tax Act. 768 GAZETTE OFFICIELLE DU QUÉBEC.March 10.1982.Vol.114.No.12 Part 2 7R16 A functionary who holds the position of \"Head of the Investigations Division\" of the Service de la vérification des taxes with the Québec City or Montréal regional office of the Direction générale de la vérification is authorized to sign the documents referred to in paragraphs 1, 2 and 3 of section 7R15.7R17 A functionary who holds the position of \"Director of Collections\" with the Direction générale des opérations is authorized to sign the documents required for the application of the following provisions : (1) sections 10, 13, 39 and 58.1 of the Act; (2) sections 58.1R3 and 58.1R4; (3) sections 45, 46 and 63 of the Succession Duties Act; (4) subsection 4 of section 3 and section 5 of the Retail Sales Tax Act; (5) section 6 of the Tobacco Tax Act; (6) subsection 2 of section 1030 of the Taxation Act; (7) sections 26, 27 and 31 of the Fuel Tax Act; (8) subsection 4 of section 7 and section 8 of the Broadcast Advertising Tax Act ; (9) subsections 5, 6 and 7 of section 5 of the Meals and Hotels Tax Act ; and (10) subsections 4, 6 and 7 of section 2 of the Telecommunications Tax Act.7R18 A functionary who holds the position of \"Director of Operations\" with the Québec City or Montréal regional office of the Direction générale des opérations is authorized to sign the documents required for the application of the following provisions : (1) sections 10, 13, 14, 15, 16, 17, 31, 39, 58.1 and, for the purposes of subsection 2 of section 1030 of the Taxation Act, section 95 of the Act; (2) sections 58.1 R3 and 58.1 R4; (3) sections 45, 46 and 63 of the Succession Duty Act; .(4) sections 34 and 37 of the Land Transfer Duties Act; (5) section 5 of the Retail Sales Tax Act; (6) the second paragraph of section 6 of the Tobacco Tax Act; (7) sections 85, 98, 325, 525, the second paragraph of section 647, sections 701, 1000, 1001, 1016, 1030, 1031, 1032, 1043, 1098, 1100 and 1221 of the Taxation Act; (8) sections 3 and 10 of An Act respecting fiscal incentives to industrial development (R.S.Q., c.S-34); (9) sections 26 and 27 of the Fuel Tax Act; (10) section 8 of the Broadcast .Advertising Tax Act; (11) subsection 7 of section 5 of the Meals and Hotels Tax Act; (12) subsections 6 and 7 of section 2 of the Telecommunications Tax Act; and (13) sections 1015R4 and 1086R18 of the Regulation respecting the Taxation Act.The functionary's signature or a facsimile thereof may be engraved, lithographed, printed or affixed by means of an automatic device on the documents required for the application of the following provisions : (1) the first paragraph and the first sentence of the second paragraph of section 13 and section 15 of the Act; and (2) sections 1000, 1001 and subparagraph 2 of section 1030 of the Taxation Act.However, those documents must be countersigned by a person authorized by the Minister.7R19 A functionary who holds the position of \"Head of the Tax Rolls Service\" or \"Head of à Division\" in that Service with the Québec City_ or Montréal regional office of the Direction générale des opérations is authorized to sign the documents required for the application of the following provisions: (1) sections 39 and 58.1 of the Act; (2) sections 58.1R3 and 58.1 R4; and (3) sections 1000 and 1001 of the Taxation Act.7R20 A functionary who holds the position of \"Head of the Collection Service\" or \"Head of a Division\" in that Service with the Québec City or Montréal regional office of the Direction générale des opérations is authorized to sign the documents required for the application of the following provisions: (1) sections 10, 39 and 58.1 of the Act; (2) sections 58.1R3 and 58.1R4; and (3) sections 45, 46 and 63 of the Succession Duty Act.7R21 A functionary who holds the position of \"Head of the Accounts Service\" of \"Head of a Division\" in that Service with the Québec City or Montréal regional office of the Direction générale des opérations is authorized to sign the documents required for the application of the following provisions: (1) sections 39 and 58.1 of the Act; and (2) sections 58.1R3 and 58.1R4 Part 2 GAZETTE OFFICIELLE DU QUÉBEC.March 10.1982.Vol.114.No.12 769 DIVISION II CONTRACTS 7R22 Functionaries of the ministère du Revenu who hold the positions mentioned in this Division are authorized to sign purchase, leasing, and service contracts in the place of the Minister of Revenue but within the limits of their duties.7R23 A functionary who holds the position of \"Director General\" is authorized to sign the following documents : (1) contracts for the composition and printing of forms ; (2) purchase contracts by means of a \"local order\" or \"request for delivery\" form; (3) leasing contracts under 500$; and (4) service contracts.7R24 A functionary who holds the position of \"Director\" or \"Secretary of the Department\" is authorized to sign the following documents: (1) contracts for the composition and printing of forms, under 50 000$; (2) purchase contracts by means of a \"local order\" or \"request for delivery\" form; (3) leasing contracts under 500 $ ; (4) service contracts for the maintenance of office machines, under 2 000$; and (5) any other service contract under 1 500$.7R25 A functionary who holds the position of \"Head of a Service\" is authorized to sign contracts for the composition and printing of forms, under 50 000$, and purchase contracts by means of a \"local order\" or \"request for delivery\" form, under 5 000$.7R26 A functionary who holds the position of \"Head of the Purchase Division\" is authorized to sign purchase contracts by means of a \"local order\" or \"request for delivery\" form, under 5 000$.7R27 A functionary who holds a position at the Direction des enquêtes spéciales with the regional office in Québec City or Montréal of the Direction générale de la vérification or whose duties require him to be regularly on the road, is authorized to sign exceptionally, in the performance of his duties, leasing contracts under 500$, ».2.Section 31R1 of the said Regulation is replaced by the following: 31R1 The Minister may allocate a refund due to a person by reason of the application of a fiscal law, to the payment of any amount for which that person is indebted to the Government under the following Acts : (a) An Act respecting the Société d'habitation du Québec (R.S.Q., c.S-8); (b) the Social Aid Act (R.S.Q., c.A-16); and (c) the Student Loans and Scholarships Act (R.S.Q., c.P-21).i He allocates the refunds in the order in which the Acts are listed.\".3.Section 31R2 of the said Regulation is amended by replacing that which precedes paragraph a by the following : \"31R2 For the purposes of the allocation, the Minister receives, from each Minister responsible for the application of an Act referred to in section 31R1, the following particulars concerning the persons indebted under the Act applied:\".4.Section 31R4 of the said Regulation is amended by replacing that which precedes subparagraph a of the first, paragraph by the following : \"31R4 After the allocation provided for in section 31R3, the Minister sends to each Minister responsible .for the application of an Act referred to in section 31R1 the following particulars concerning the person indebted under the Act applied:\".5.Section 31R5 of the said Regulation is replaced by the following: \"31R5 The Minister also sends to each Minister responsible for the application of an Act referred to in section 31R1 a list of the persons indebted under the Act applied for whom no allocation has been made.\".6.This Regulation comes into force on the date of its publication in the Gazette officielle du Québec.1349-0 4 i i Part 2 GAZETTE OFFICIELLE DU QUÉBEC.March 10.1982.Vol.114.No.12 771 Treasury Board T.B.137607, 23 February 1982 Civil Service Act (R.S.Q., c.F-3.1) Holding of competitions for recruitment and promotion in the civil service Concerning the Regulation respecting competitions for recruitment and promotion in the civil service.Whereas under section 50 of the Civil Service Act (R.S.Q., c.F-3.1), the Office du recrutement et de la sélection du personnel de la fonction publique made on 4 November 1981, the \"Regulation respecting competitions for recruitment and promotion in the civil service\" ; Whereas under the same section, such regulations are subject to approval by the Conseil du trésor and must be published in the Gazette officielle du Québec; Whereas, subject to that opinion of the Commission, the Office du recrutement et de la sélection du personnel de la fonction publique considered it appropriate to make, on 15 January 1982, the Regulation attached hereto respecting competitions for recruitment and promotion in the civil service; The Conseil du trésor has decided : To approve the \"Regulation respecting competitions for recruitment and promotion in the civil service\", attached hereto, made by the Office du recrutement et de la sélection du personnel de la fonction publique on 15 January 1982.Michel Crevter, Clerk of the Conseil du trésor.Regulation respecting competitions for recruitment and promotion in the civil service Civil Service Act (R.S.Q., c.F-3.1, s.50, par.a, subpar.i) 1.In this Regulation, unless the context indicates otherwise : \"knowledge\" means the knowledge acquired from academic or vocational training, from personal studies, or from experience; \"class\" means a class of positions and, where applicable, the grade of a class of positions; \"pass mark\" means the minimum mark required in a selection process or in a disqualifying evaluation criterion ; \"evaluation criterion\" means a requirement inherent to the duties of a class, sector of activities or position and in terms of which candidates are assessed; \"experience\" means the candidate's work in a position, a profession or an occupation ; \"occupational skills\" mean the aptitudes, abilities and personal qualifications of a candidate ; \"list of certificates of qualifications\" means a document issued by the Office listing, in order of merit, in numerical order or, where applicable, according to their level, the candidates declared qualified following a competition.division n SCOPE 2.This Regulation applies to every competition held by the Office du recrutement et de la sélection du personnel de la fonction publique.\u2022 division iii CATEGORIES OF COMPETITIONS 3.The Office determines the category of each competition on the basis of the following factors: (1) the duties of the position to be filled; (2) the knowledge and occupational skills to be evaluated ; (3) the academic background, experience and qualifications required.4.A competition is general, sectorial or specific.5.A general competition aims at recognizing the aptitude of candidates to occupy a position having the characteristics of a class. 772 GAZETTE OFFICIELLE DU QUÉBEC.March 10.1982.Vol.114.No.12 Part 2 6.A sectorial competition aims at recognizing the aptitude of candidates to occupy a position having the characteristics of a sector of activities of a class.7.A specific competition aims at recognizing the aptitude of candidates to occupy a position whose characteristics are substantially different from those considered for the class and the sectors of activities of that class.8.A general or sectorial competition allows for the constitution of a reserve of candidates declared qualified.9.A specific competition is held when a position is vacant or will become vacant within a determined period of time.DIVISION IV CONTENT OF A NOTICE OF COMPETITION 10.A notice of competition must indicate in particular; (1) the name of the class and, where applicable, the title of the sector of activities or of the position for which the competition is held; (2) the category of the competition; (3) the name of the employing department or agency or the mention \"various departments\" if the positions to be filled are in various departments ; (4) the geographical location of the position to be filled ; (5) the number or approximate number of positions to be filled; (6) a summary description of the main duties of the class, sector of activities or position to be filled; (7) the conditions of admission and eligibility for the competition; (8) the minimum and maximum rate on the salary scale, or the annual or hourly salary in force at the time of the competition; (9) the competition number; (10) the registration period; (11) the registration procedure, including the name and address of the place where the candidate must register.11.The registration period for a competition must not be less than fifteen working days.DIVISION V GIVING NOTICE OF A COMPETITION 12.Notice of a competition for recruitment must be given : (1) within the geographical areas determined in subdivision 1 of Division VI; and (2) in accordance with the employment readjustment programs or with the programs for recruitment in teaching institutions determined by regulation of the Minister of the Civil Service.13.Notice of a competition for promotion must be given within the geographical areas and administrative units determined by regulation of the Minister of the Civil Service under section 68 of the Civil Service Act.14.Notice of a competition must be available at the regional office of the Office and at the Centre de main-d'oeuvre du Québec that serve the clientele eligible for the competition.15.Moreover, a competition must be announced, in accordance with the form and content prescribed by the Office, by one or more means of communication chosen according to their cost, the nature of the position to be filled, the features of manpower markets and their capacity to provide to any eligible person a reasonable opportunity of applying.DIVISION VI CONDITIONS OF ELIGIBILITY §1.Geographical areas for recruitment 16.The territory of the Province of Québec is divided into geographical areas according to the following procedure: (1) a regional area corresponds to a given region among those determined by Order in Council 524 dated 29 March 1966 concerning the Division administrative du territoire de la province (Territorial division foT administrative purposes) ; and (2) a local area corresponds either to a municipality governed by the Cities and Towns Act or by the Municipal Code, or to the territory served by the administration of certain departments or government agencies where the positions to be filled are situated.17.The application of geographical areas is made according to the following procedure: (1) where a competition is for a class whose maximum condition of admission respecting schooling is a certificate of secondary studies equivalent to Grade 11 or Secondary V, it is held within a local area; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 10.1982.Vol.114.No.12 773 (2) where a competition is for a class whose condition of admission respecting schooling is a diploma of college studies, it is held within a regional area; the same applies for classes of nurses, medical radiology technicians and aircraft pilots; (3) where a competition is for a class whose condition of admission respecting schooling is a university degree, it is held without any geographical area limitation; (4) where a competition is held for a class of professional personnel one of whose conditions of admission is to belong to a professional corporation, it is held without any geographical area limitation.18.A competition concerning a class governed by paragraph 1 of section 17, except for the classes of workmen and workmen supervisory personnel, is held in a regional area when the positions for which the competition is held are: (1) in a municipality comprised in the territory of the Communauté urbaine de Québec or of the Communauté urbaine de Montréal; .(2) in the cities of Chicoutimi, Hull, Jonquière, Laval, Longueuil, Rimouski, Rouyn-Noranda, Sept-îles, Sherbrooke or Trois-Rivières.19.Where the manpower pool is too limited, the Office may widen the application of the geographical areas prescribed in paragraphs 1 and 2N0f section 17.20.A person is eligible'for a competition for recruitment if he belongs to the geographical area referred to in the competition.A person is considered as belonging to a geographical area when his main residence is in that area.§2.Registration procedure 21.A registration form must be submitted in writing and contain all the data necessary to verify the applicant's eligibility.22.A registration form is deemed to have been submitted when it is received by the Office within the registration period provided in the notice of competition.23.In the case of a postal strike or unforeseeable circumstances causing a delay in the receipt of registration documents from a group of candidates, the Office may extend the registration period.24.Applicants must, when so required, submit a copy of their diplomas, certificates of studies, certificates of proficiency, membership card of a professional corporation or any other document required in the notice of competition.25.An applicant may be required by the Office to submit any document supporting a statement made on his registration form.DIVISION VII VERIFICATION OF ELIGIBILITY 26.The eligibility of a person for a competition is verified by examining his registration form and the required documents presented to support it.27.A person is admitted to a competition for recruitment if he meets the conditions of eligibility prescribed in Division VI.In addition, at the end of the registration period, he must meet the conditions of admission provided for in the notice of competition.A person who is not admitted to a competition for recruitment is notified in writing.28.A civil servant is admitted to a promotion^ competition if he meets the conditions of eligibility prescribed by a regulation of the Minister of the Civil Service and follows the registration procedure described in subdivision 2 of Division VI.In addition, at the end of the registration period, he must meet the conditions of admission provided for in the notice of competition.A civil servant who is not admitted to a promotion competition is notified in writing.DIVISION VIII EVALUATION CRITERIA AND SELECTION PROCESSES 29.The competence and aptitude of a candidate for a competition is evaluated according to criteria based on the duties of the class, sector of activities or position for which the competition is held ; these criteria correspond to knowledge, experience and occupational skills.30.In a competition, knowledge of typing or of a second language is a disqualifying evaluation criteria where it is deemed an essential qualification for the performance of certain duties of a .class, sector of activities or position.31.The evaluation criteria used are assigned a numerical value proportional to their relative importance in the performance of the duties of the class, sector of activities or position. 774 GAZETTE OFFICIELLE DU QUÉBEC.March 10.1982.Vol.114.No.12 Part 2 32.Candidates are evaluated by one or more of the following selection processes: (1) a written examination; (2) a practical examination; (3) an oral examination.Moreover, an analysis of the professional record may be used as an additional selection process.33.The choice of a selection process is made with regard to its capacity to suitably assess the evaluation criteria to be used.34.The evaluation criteria, the disqualifying evaluation criteria and the selection processes are pre-established and recorded in a selection guide.They apply to all candidates admitted to a competition according to the rules set out in sections 36 to 38.35.Despite the provisions of section 34, the results obtained by a candidate in a selection process may be transferred from one competition to another where the content of the selection process applied in both competitions is identical and the application of that process takes place within 90 days.36.Following a written, practical or oral examination, a pass mark is set by the Office based on the following factors: (1) the recommendations made before the examination respecting the required pass mark; (2) the statistical analysis of the results of the examination where there are enough candidates; (3) the numerical value of the examination with respect to the total numerical value of the selection procedure ; (4) the number of positions to be filled.37.The pass mark is 60% for a disqualifying evaluation criterion.38.If a candidate receives a mark lower than the pass mark, he is disqualified from the competition.However, unless a disqualifying evaluation criterion is involved, a candidate cannot be disqualified by a selection process if it counts for less than 25% of the overall value of the selection procedure.39.A disqualifying evaluation criterion and the content of a written or practical examination must be approved by the Office prior to their use in a selection procedure.40.A candidate is convened to an examination by written notice.The notice must be sent at least 7 working days before the date on which the examination is held.A written notice sent less than 7 working days before the day of the examination or a verbal notice is valid if the candidate accepts it or if he is present at the examination.41.A candidate who does not obtain a pass mark in a selection process or in a disqualifying evaluation criterion is notified in writing.DIVISION IX RANKING ACCORDING TO MERIT 42.Following the application of one or more selection processes, the Office establishes, in terms of their results with respect to the overall evaluation criteria used, the value of the candidates and it proceeds to rank them on a list of certificates of qualifications.43.Where two or more candidates obtain identical results, ranking by merit is done according to the following procedure: (1) priority is given to the candidate who obtains the highest result for the most important criterion within the meaning of section 31 and, if there is still equality, priority is given to the candidate who obtained the highest result for the second most important criterion within the meaning of section 31 and so on ; or (2) if there is still equality, the Office determines another method of ranking according to merit.44.Following the competition, the candidate is notified in writing of the rank or, where applicable, the level assigned to him.DIVISION X SELECTION COMMITTEES AND CONSULTANTS §1.Selection committees 45.The Office may entrust the evaluation of persons registered for a competition to one or more selection committees.A selection committee acts in the name of the Office and makes recommendations to the latter.46.In its advisory capacity, a selection committee may be entrusted in whole or in part with one or more of the following responsibilities: Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 10, 1982, Vol.114, No.12 775 (1) to evaluate, for the purpose of verifying the applicant's eligibility, the relevance of his schooling and experience; (2) to establish the evaluation criteria and selection processes ; (3) to preceed with the evaluation of each candidate in a competition according to the pre-established criteria and using the accepted selection processes.In addition, it must record its recommendations in writing.47.A selection committee is usually made up of three members appointed by the Office and chosen having regard to their knowledge of the class, sector of activities or position for which the competition is held, their experience in personnel management or selection and their professional competence.The personnel governed by Chapter IX of the Civil Service Act may not be part of a selection committee.48.A member of a selection committee must carry out his duties with honesty and impartiality and not disclose to any person except those designated by the Office, the content of the selection procedure, the nature and results of the committee's proceedings and its recommendations.49.Any situation that might be prejudicial to the objectivity or impartiality of a selection committee or one of its members, as well as any intervention aimed at altering the nature or content of its recommendations must be brought to the attention of the Office as soon as they occur.50.Where two or more selection committees are assigned to the same competition or to several competitions of the same nature held simultaneously in several regions; two members chosen from all the members of these committees assume the responsibilities prescribed in paragraphs 1 and 2 of section 46.51.A member of the selection committee who cannot complete or carry out his mandate is replaced by another member appointed by the Office.¦ §2.Consultants 52.The Office may appoint for itself or for a selection committee the consultants it deems necessary for the carrying out of an evaluation mandate described in section 46.53.The recommendations of consultants have the same value and effect as the recommendations of a selection committee.54.Sections 48, 49 and 51 apply mutatis mutandis to consultants.DIVISION XI LIST OF CERTIFICATES OF QUALIFICATIONS §1.Validity 55.A list of certificates of qualifications issued following a general or sectorial competition is valid only to fill a position whose duties, knowledge and professional skills are comparable to those of the class or sector of activities for which the competition was held.58.A list of certificates of qualifications issued following a specific competition is valid only to fill the position described in the notice of competition.Nevertheless, if this position or an identical position becomes vacant within six months from the effective date of the list of certificates of qualifications on which at least one other candidate is ranked, the same list of certificates of qualifications is used for the purpose of presenting another candidate.57.As far as recruitment is concerned, a list of certificates of qualifications is valid only for the geographical area specified in the notice of competition in accordance with paragraph 4 of section 10.58.As far as promotion is concerned, a list of certificates of qualifications is valid only for the geographical area or the administrative unit determined by regulation of the Minister of the Civil Service, for the purposes of eligibility of candidates.59.A list of certificates of qualifications issued for an applicant for a competition is valid for only one appointment or promotion of that candidate.§2.Effective date 60.A list of certificates of qualifications takes effect on the date of its approval by the Office.61.Despite section 60, a list of certificates of qualifications may take effect on a date preceding its approval by the Office: (1) where one of the candidates was already registered on a list as an aspirant; 776 GAZETTE OFFICIELLE DU QUÉBEC.March 10.1982.Vol.114.No.12 Part 2 (2) when it corrects a list of certificates of qualifications already approved by the Office.The effective date of that list must not precede the date of approval of the list to be corrected, where applicable.§3.Period of validity 62.A list of certificates of qualifications issued following a general or sectorial competition for purposes of submission is valid until one of the two following eventualities arises : the date of appointment of the last qualified candidate or the expiry of one year from the effective date of that list, or of any additional period determined in accordance with sections 63 and 64.63.The validity period of a list of certificates of qualifications for purposes of submission following a general or sectorial recruitment competition may be extended beyond the one-year period without, however, exceeding two years, when it applies to classes for which a yearly directive was later issued by the Minister of the Civil Service in accordance with the Regulation respecting staffing.64.For purposes of submission, the validity period of a list of certificates of qualifications issued following a general or sectorial competition is extended beyond the one-year period, without however exceeding two years, where 25% or more of the candidates are still on the list.65.Subject to section 56.a list of certificates of qualifications issued following a specific competition is valid for purposes of submission until one of the two following eventualities arises: the date of the submission of the name or names of the qualified candidate or candidates or the expiry of one year from the effective date of that list.66.When, following a specific competition, the promotion of a qualified candidate requires a probation period within the meaning of the Regulation of the Minister of the Civil Service respecting the classification of positions, the list of certificates of qualifications is valid until one of the two following eventualities arises : the date of promotion of the candidate to the class of positions for which he was declared qualified or, where applicable, the date of submission of the name, according to his rank, of any other candidate provided that the submission is made within twenty-four months from the effective date of the list of certificates of qualifications.DIVISION XII SUBMISSION OF THE NAMES OF CANDIDATES 67.The names of candidates for the purpose of appointment or promotion are submitted according to their rank or, where applicable, to their level on the list of certificates of qualifications.68.Names are submitted according to level where there is application of an employment readjustment program determined by regulation of the Minister of the Civil Service under section 67 of the Civil Service Act.69.The names of candidates at the first level are submitted simultaneously and so on for the other levels until all the names appearing on the list have been submitted.The names of candidates at a lower level may not be submitted until all the candidates ranked at the preceding level have been appointed or promoted or have refused the position in the cases provided for in section 71.70.Where several positions are vacant following a competition, the name of the candidate who is first on the list of certificates of qualifications is submitted to the department or agency where there is a vacant position best suited with respect to the nature of the position to be filled and the preference expressed by tne candidate.The names of the other candidates are submitted in a similar manner, according to their rank or level, as the case may be, until both the list of certificates of qualifications and the positions to be filled are used up.71.Following a general or sectorial competition, the candidate whose name has been submitted and who refuses the appointment or promotion keeps his right to any new submission where: (1) the place where the position to be filled is situated more than 30 kilometres from his main residence ; (2) the duties of the position are not compatible with the handicap of a candidate; (3) the candidate is physically handicapped and the place of employment does not have the facilities and layout necessary for this condition; (4) the candidate is pregnant; (5) the name of the candidate is submitted for a part-time position; (6) the candidate who is already a civil servant is on parental leave and cannot occupy the position within a reasonable period; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 10, 1982, Vol.114.No.12 111 (7) the candidate is following full-time studies which may be recognized for purposes of classification, in accordance with the Regulation of the Minister of the Civil Service concerning the grading of civil servants ; (8) the candidate is on the list of certificates of qualifications as an aspirant and is completing the schooling required in the specific conditions of .eligibility.In these cases, or where, in the opinion of the Office, an unforeseeable event prevents a candidate from occupying the position offered to him, he keeps his rank or his level, as the case may be, and his name may be submitted again.72.Following a specific competition, where the name of a candidate ranked on the list of certificates of qualifications is submitted and he refuses the appointment or promotion, he loses his right to any other submission.73.Where two or more lists of certificates of qualifications in respect of the same class of the same sector of activities in the same geographical area for recruiting or in the same geographical area or administrative unit for promotion are valid at the same time, the priority of one list over the other is determined in accordance with the staffing process described in the Regulation of the Minister of the Civil Service respecting staffing.Within the same staffing process, the list having the earliest effective date takes precedence for the purpose of submitting names of candidates.DIVISION XIII TRANSITIONAL AND FINAL PROVISIONS 74.The procedure for verifying eligibility for competitions for which notice is already given at the time of coming into force of this Regulation remains governed by the Regulation respecting competitions for appointment and promotion in the Civil Service.75.Where for a competition, the application of a selection process provided in the guide is in progress at the time of coming into force of this Regulation, the selection procedure remains governed by the Regulation respecting competitions for appointment and promotion in the Civil Serice.In all other cases, the selection procedure will be governed by this Regulation.76.The lists of certificates of qualifications valid at the time of coming into force of this Regulation remain valid and are from now on governed, for purposes of submission, by this Regulation.77.This Regulation replaces the \"Regulation respecting competitions for.appointment and promotion in the Civil Service\" approved by T.B.121228 dated 14 August 1979 and amended by T.B.130535 dated 9 September 1980.78.This Regulation comes into, force after its approval by the Conseil du trésor, on the date of its publication in the Gazette officielle du Québec.1348-0 t i i Part 2 GAZETTE OFFICIELLE DU QUÉBEC, March 10, 1982, Vol.114.No.12 119 Index Statutory Instruments Abbreviations: A: Abrogated, N: New, M: Modified Regulations \u2014 Statutes ' Page Comments Civil Service Act \u2014 Holding of competitions for recruitment and promotion in the civil service.:.771 N (R.S.Q., c.F-3.1) Fiscal administration.765 M (Act respecting the Ministère du revenu, R.S.Q., c.M-31) k.Holding of competitions for recruitment and promotion in the civil service.771 N (Civil Service Act, R.S.Q., c.F-3.1) Ministère du revenu.Act respecting the.\u2014 Fiscal administration.765 M (R.S.Q., c.M-31) Revenu, Act respecting the Ministère du.\u2014 Fiscal administration.765 M (R.S.Q., c.M-31) I - » I i i ¦ i i ( \\ I "]