Mr. J. EARL LAWSON (West York):
beg to present the second report, which is a unanimous one, of the select special committee appointed to inquire into the appointments to, and the direction and control of, the civil service of Canada and, generally, the administration and operation of the Civil Service Act, with instructions to inquire into and report concerning the repeal or amendment of any of the provisions of the said act or the substitution therefor or addition thereto of other provisions, as the committee may deem advisable, as follows:
1. With a view to providing that a transfer may be made of a civil servant from one position to another without necessarily involving an increase in remuneration, your committee recommends that section 13 of the Civil Service Act be amended by striking out the word "either" in the sixth line thereof and the words "transfer or" in the sixth and seventh lines thereof.
2. In order to have the provisions of the Civil Service Act comply with the practice which has been established, and with a view to obviating unnecessary correspondence passing between the Civil Service Commission and the departments in respect of promotions, your committee recommends that subsections one and two of section 14 of the act be repealed and the following substituted therefor:
Civil Service-Report oj Committee
14. The rate of compensation of an employee who lias not reached the maximum rate of compensation of the class in which he is serving, may, subject to the regulations of the commission, be increased by the deputy head if he is satisfied that the employee has rendered meritorious service and has increased his usefulness in the service. Such increase shall be to the next higher rate for the class. The new rate shall become effectual at the next quarterly date after the said increase is granted by the deputy head, that is to say, either the first day of January, April, July, or October, provided, however, that no employee whose rate of compensation exceeds six hundred dollars per annum shall receive an increase under the provisions of this section more than once in each year.
3. To correct an obvious error, your committee recommends that subsection two of section 15 of the Civil Service Act be amended by striking out the word "minimum" in the eighth line of the said subsection, and by substituting therefor the word "maximum."
4. To avoid uncertainty as to the interpretation of the words "bona fide residents" in subsection three of section 21 of the Civil Service Act, your committee recommends that the said section be amended by striking out the words "bona fide residents of such locality" at the end of the said subsection and by substituting therefor the words:
"persons who have resided in such locality for a period of at least one year immediately preceding the date last set for receiving applications for such local positions."
5. The Department of Justice having ruled that section 24 of the Civil Service Act permits the deputy head of a department to reject an appointee of the Civil Service Commission without reasons stated therefor, and without trial, your committee recommends that the deputy head of a department have power to reject only for cause, and that such cause be specifically stated.
6. That the provisions of the Civil Service Act as to length of residence in Canada required for eligibility for appointment may accord with the provisions of the Naturalization Act, your committee recommends that subsection one of section 33 of the Civil Service Act be amended by striking out the wrord "three" in the last line of the said subsection and by substituting therefor the word "five."
7. To enable those who have been in the civil service for less than one year to have limited holidays and to make reasonable provision for holidays for those in the service in tropical countries, your committee recommends that subsection one of section 46 of the Civil Service Act be amended by adding thereto the following words:
"and may grant to each officer, clerk, or other employee who has been less than one year in the service, leave of absence at the rate of one and one-half days for each completed month of continuous service prior to the commencement of the fiscal year; provided that trade commissioners or other officers in tropical countries may be granted a yearly leave of absence for a period not exceeding one calendar month in any one fiscal year, if they have had at least one year in the service."
8. To permit of suspension of an employee, for the purposes set out in section 51 of the Civil Service Act, by his superior officer at
distances from Ottawa, your committee recommends that section 51 be amended by adding after the words "deputy head," in the second line of the said section, the words: "or any official of the department nominated by him."
9. Your committee recommends that section 60 of the Civil Service Act, as enacted by Chapter 38 of the Statutes 19-20 George V, be repealed.
10. In order that vacancies created by retirement may be promptly filled, thus promoting greater efficiency in the civil service, your committee recommends that, when financial conditions in Canada are sufficiently improved, the Civil Service Commission amend the regulations under the Civil Service Act so as to provide for the granting of a gratuity upon retirement equal to the sum now paid out and in lieu of absence with pay.
11. In order to reduce to a minimum overmanning and over-lapping in the service, and in an endeavour to assure permanency of employment to civil servants, your committee recommends that the Civil Service Commission carefully scrutinize all requests for appointments in an effort to absorb surplus personnel by transfer, or, by any other means in its power, to obviate the necessity of filling vacancies with new personnel and to accomplish by their abolition a reduction of existing positions which are not essential.
12. To promote economy and efficiency in engineering and mapping services, or in other services which can be centralized, your committee recommends to the Civil Service Commission that a careful study be made of such government services with a view to amalgamations thereof.
13. It appears from a cursory examination of "The Classification of the Civil Service of Canada" that anomalies therein exist.
Your committee recommends, therefore, to the Civil Service Commission that a more constant and efficient check on classification be made.
14. Your committee recommends to the Civil Service Commission that ways and means be sought to bring about greater cooperation between the organization branch of the Civil Service Commission and departmental officials with a view to obtaining necessary reorganization and equalized classification.
In the opinion of your committee very little has been accomplished by this branch of the commission "which, if strengthened in personnel, would perform a very necessary and useful function in promoting efficiency and economy
15. Representations having been made on behalf of female civil servants, your committee is of opinion that there being no discrimination as to sex in the provisions of the Civil Service Act, no amendment thereto in this connection is necessary.
Your committee recommends, however, that the Department of Health, in conjunction with the organization branch of the Civil Service Commission, should make a survey for the purpose of recommending improvements, where necessary, in the sanitation and welfare facilities in government offices.
16. Your committee recommends that the Civil Service Commission amend its regulations so as to provide that as between those entitled to the disability preference under the act, and other things being equal, a veteran with dependents be given the preference over
Civil Service-Report oj Committee
a veteran without dependents, and likewise a veteran with dependents over a veteran without dependents as between those entitled to the overseas active service preference.
17. It appears from the evidence adduced before the committee that certain positions on the staff of the House of Commons cannot be satisfactorily filled by open competition.
Your committee recommends that the Civil Service Commission exercise the powers conferred upon it under section 59 of the Civil Service Act, so that such positions on that staff as can best be filled from sessional employees shall be filled by competition limited to such employees.
18. Your committee is of opinion that there is a great deal of over-lapping in the performance of duties by the heads of different branches of the Civil Service Commission, owing to matters receiving the attention of the secretary of the commission which are in no way related to secretarial duties.
Your committee, therefore, recommends that the secretary of the Civil Service Commission fie called upon to perform only those duties which are peculiarly those of a secretary and that the Civil Service Commission consider ways and means of eliminating duplication of correspondence and departmental memoranda which now pass through the secretary to the commissioners.
19. Your committee is of opinion that there are unnecessary delays in obtaining appointments and promotions by reason of the cumbersome routine now prevalent in the administration of the act and recommends that the Civil Service Commission exercise the powers now vested in it to simplify such procedure.
Your committee further recommends that all papers, documents, et cetera, placed on the files of the commission be consecutively numbered in each file, so that removals or deletions therefrom will be apparent.
20. With a view to promoting efficiency in the administration of the provisions of the Civil Service Act and in the direction and [DOT]control of the civil service, your committee recommends that there be added to the committees of this house a select special committee on civil service matters, such committee to consist of seven members.
21. To facilitate the adjustment of complaints of a civil servant, where such complaints cannot otherwise be adjusted, your committee recommends that such complaints be adjudicated by a board consisting of a nominee of the civil servant organization of which the complainant is a member, a nominee of the deputy head of the department affected, and a nominee [DOT]of the chairman of the Civil Service Commission.
22. Inasmuch as it is apparent from the evidence adduced before your committee that there are grave anomalies in respect of long term temporary and prevailing rate employees, your committee recommends that the claims of these employees be further investigated by the Civil Service Commission with a view to reporting and submitting the question to the proposed select special committee of the House of Commons on civil service matters.
23. Representations having been made to your [DOT]committee concerning amendments to the Civil Service Superannuation Act, with respect to the extension of time for election and the return of contributions, and it being doubtful
if the subject is within the scope of the present order of reference, your committee recommends that a committee be appointed at an early date to consider the matter and that, in the meantime, the advisory committee on the Civil Service Superannuation Act should consolidate its recommendations and present a report on the subject to such committee of the house.
24. Representations were made to your committee on behalf of the Professional Institute of the Civil Service of Canada. It would appear that the subject matter of some of these representations have been considered by the Beatty commission. They are sub judice. Your committee does not, therefore, see fit to make any recommendation relative thereto.
25. From the evidence adduced and in view of the submissions of officials of the Post Office Department, your committee recommends that order in council P.C. 1053, dated June 29, 1922, as amended by order in council P.C. 17/1751, dated September 12, 1929, be further amended so as to provide for the exemption from the operation of the Civil Service Act of postmasters in revenue post offices where the revenue does not exceed $3,000 per annum.
Your committee further recommends that such amendments be made to the Civil Service Act and/or the regulations thereunder of the Civil Service Commission so that postmasters hereafter appointed to revenue post offices having a revenue in excess of $3,000 per annum shall be within the full operation of the Civil Service Act.
26. Your committee, being of opinion that the
position of commissioner of the Civil Service Commission of Canada calls for very special qualifications because of the wide powers conferred on such commissioner for the maintenance of the merit system in matters of appointments to and promotions in the Civil Service of Canada, recommends,- .
I. That the present chairman of the Civil Service Commission, who has now passed the age of seventy years, be retired; that, because of his long and meritorious years of service in the public service of Canada and as chairman of the Civil Service Commission of Canada, he be granted a gratuity;
II. That Commissioner J. Emile Tremblay be retired; that, because of his twenty-two years of service in the public service of Canada, hr be granted a gratuity;
III. That Commissioner Newton MacTavish be retired and, in lieu of notice, be granted a gratuity.
27. Your committee desires to record that it has been impressed with the ability and integrity of Mr. C. H. Bland, assistant secretary and chief examiner of the Civil Service Commission. He has shown a comprehensive grasp of the principles underlying the merit system and the Civil Service Act and of the details connected with the administration thereof.
28. Your committee held thirty-nine meetings and heard thirty-three witnesses, including deputy heads of departments, officials of the Civil Service Commission and representatives of civil servants' organizations. A copy of the minutes of proceedings and evidence is tabled herewith.
29. Your committee recommends that the orders of reference, reports, proceedings and evidence taken, together with a list of the exhibits filed, be printed both as an appendix to the journals of the house and in blue book
Wheat' Bonus-Mr. Gardiner
form, 500 copies of the latter form to be printed in the English language and 200 copies in the French language; and that standing order 64 be suspended in relation thereto.
All of which is respectfully submitted.
J. Earl Lawson,
Subtopic: REPORT OP SPECIAL COMMITTEE ON APPOINTMENTS, ADMINISTRATION AND OPERATION OP CIVIL SERVICE ACT