June 29, 1938

CIVIL SERVICE

THIRD AND FINAL REPORT OF SPECIAL COMMITTEE APPOINTED TO INQUIRE INTO THE OPERATION OF THE CIVIL SERVICE ACT


Mr. JEAN-FRANCOIS FOULIOT (Temis-couata): Mr. Speaker, the special committee appointed to inquire into the operation of the Civil Service Committee Report Civil Service Act begs to present the following as its third and final report. Pursuant to order of reference dated February 22, your committee has held forty-eight sittings, has examined the three civil service commissioners, the secretary of the civil service commission, the chief, the acting chief and investigators Boutin and Jackson of the organization branch, and the chief examiner of the civil service commission; heard representations from Sir Francis Floud, K.C.B., K.C.M.G., United Kingdom high commissioner in Canada, the professional institute of the civil service, the civil service federation of Canada, the amalgamated civil servants of Canada, the dominion railway mail clerks federation, the amputations association of the great war and the Canadian Legion of the British Empire Service League. Briefs were received from army and navy veterans in Canada, officers, mates and petty officers of government ships, the Canadian postmasters' association, the customs and excise officers' association, and the New Brunswick, Nova Scotia and Prince Edward Island nautical association. Your committee had charts prepared showing the organization of the staffs of the civil service commission and all departments of the government whose staff are under the civil service commission, hut was unable, in the time at its disposal, to make an extensive inquiry into the various departments. Having carefully considered the evidence adduced, your committee recommends: 1. Your committee deems it expedient and in the interest of the public, the civil service and the civil service commission that a standing committee on civil service matters be appointed at the commencement of each session of parliament, and therefore recommends to parliament that standing order 63 be amended by adding after clause (k) of said order, the following clause (1): "on civil service matters to consist of fifteen members, nine of whom shall constitute a quorum." 2. The committee further recommends that no official or employee in the civil service shall make any direct or indirect recommendation or reference by letter or otherwise on behalf of any relative by blood or marriage, or take any part whether directly or indirectly in any competition, temporary or permanent assignment, promotion, classification or reclassification in which any such relative is an applicant. 3. Your committee recommends that it shall he the duty of the civil service commission to make their own rulings on the operation of the act and apply the same uniformly, provided, however, that any department affected by such ruling may join the civil service commission in any submission to the Department of Justice for an opinion. 4. Your committee reaffirms the eighteenth recommendation of the civil service committee of 1932, which is as follows: "18. Your committee is of opinion that there is a great deal of overlapping 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 be 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." And your committee recommends that all forms presently in use for such purposes shall be altered accordingly. 5. As the multiplicity of classifications and the discrepancy in salary ranges tend to create jealousy in the service and have resulted ir injustices and dissatisfaction, your committee suggests that the service should be divided intc five or six broad classes, with a maximum ol not more than nine grades in one class, anc such division to be set up as soon as possible. 6. From the evidence it appears there is at present a considerable discrepancy in salary ranges as between departments and as between the various branches of the same department and as between the Senate and House of Commons, which militates against efficiency and cooperation, your committee recommends that the organization branch be charged with special responsibility with regard to salary levels in order to simplify ranges and also to thoroughly investigate salaries paid in comparable classes within and without the service. 7. Your committee recommends that (1) Annual surveys of departments, units or branches shall be made in rotation by the various investigators, whether requested by the department or not, and such reviews shall be made so as to remedy overlapping, overstaffing or understaffing and any unfair discrepancies which may exist. (2) If there is to be specialization, it shall be within classes rather than by attempting to cover a whole department from top to bottom, as at present. (3) Investigators shall mention in each report the time spent with each employee and the date and circumstances of the interviews. (4) Investigators shall not sit on examining boards as members thereof. 8. In order to give the civil service commissioners a complete picture which will ensure fairness and department responsibility, and which will standardize the service and speed up the handling of cases, your committee recommends that the investigator's report and organization branch chief's comments be forwarded to department concerned and returned to the civil service commission with any comments such department wishes to make. 9. Your committee recommends that no married women shall be employed even temporarily under her maiden name and regulation No. 36 of the civil service commission shall be strictly applied. 10. Your committee recommends that subsection one of section 38 of the Civil Service Act be amended by adding at the end thereof the following proviso: "Provided that,_ except on approval by the governor general in council, such authorization shall not extend to the employment of a person who is not a natural born or naturalized British subject and also has been a resident of Canada for at least five years." 11. Your committee recommends the commission may, at the request of the department con-



Civil Service Committee Report cerned, but subject to the approval of the treasury board, appoint without competition any person who has already held a permanent position in the civil service and who has resigned, to the same or a similar position within the department if the department and the commission are satisfied that such person is deserving of such appointment, is not over fifty-five years of age, is of good character and in good physical condition. 12. Your committee recommends that standard advertisements to cover the classes and grades suggested in its fifth recommendation should be prepared and adhered to and that the practice which has often been followed in the past of writing advertisements to fit the qualifications of a single individual should be discontinued. Your committee recommends further that any reason for varying such standard advertisements should be submited in writing by the deputy-head suggesting such variation and be reported thereon by the organization branch and that no such varied advertisement shall be issued or published unless previously approved by the civil service commission. 13. Your committee recommends that examination papers should not be translated for examination purposes but should be read by the examiners in the language in which they have been written, whether English or French. 14. Your committee is of the opinion that whenever advisable transfers to other branches of departments, as well as from one department to another, should be encouraged so as to prevent favoritism and for the purpose of helping employees to acquire a general knowledge of the work of the department or departments of the government. Your committee considers that the effect of this recommendation will be to open new horizons to the younger employees by offering opportunities for advancement and promotion at the same time preventing the static condition of the service and remedying certain injustices. _ 15. To facilitate the adjustments of complaints of a civil servant, where such complaints cannot otherwise be adjusted, your committee recommends that such complaints be adjudicated by a board of appeal consisting of a nominee of a civil service organization named by the appellant, a nominee of the deputy head of the department affected, and a nominee _ of the chairman of the civil service commission, the latter of whom shall be chairman of the board. 16. Your committee recommends that ratings on efficiency and fitness, on which selections for promotion are largely based, be made by a board of three departmental officers instead of by individual departmental officers, as at present, and that a system of periodical ratings recording the efficiency of employees be established, for use in connection with promotions, salary increases and retirements. That the employee shall be advised of the result of all his ratings and shall have right to appeal such rating to the board mentioned in the preceding recommendation. 17. Your committee recommends that promotions shall not be confirmed until after the expiration of fourteen days so as to permit the making of an appeal to the board mentioned in your committee's fifteenth recommendation, and in the event of such appeal being made that such promotion shall not be confirmed until the appeal has been disposed of. [Mr. Pouliot.l 18. Your committee recommends that the practice of placing employees in vacant positions in an acting capacity instead of holding promotion competitions for them be discouraged. 19. Your committee recommends that the commission investigate the feasibility of more extensive and adequate advertising of competitions by press and radio. 20. Your committee regrets that the recommendation of the civil service committee of 1932 "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" has been ignored, and recommends that it shall be strictly observed and that also each document on file shall be duly initialed and dated. 21. Your committee recommends that section twenty-one of the Civil Service Act, dealing with vacancies in the departments, be amended by providing (in subsection two thereof) for the case of temporary appointments when there is no eligible list that: "the commission shall forthwith hold an examination and, if necessary, to prevent any serious interference with the public business, but not_ otherwise, may fill the position at once, subject to the approval of the head of the department, by making a temporary appointment as prescribed herein," the only change in the subsection being the insertion therein of the words italicized above. 22. Your committee is of the opinion that the preference granted by section twenty-eight and twenty-nine of the act to persons who have served overseas in the military or naval forces of His Majesty's allies shall apply only when such persons are natural born or naturalized British subjects, and also had been resident in Canada before the great war. 23. Your committee recommends that no male employee shall be retained in the civil service beyond the age of sixty-five years and no female employee beyond the age of sixty years, and that such retirement be made compulsory without any extension. Your committee is of the opinion that this would materially increase the efficiency of the civil service, would facilitate promotion and create a brighter outlook for the future of the younger people in the service or desirous of entering therein. . 24. Your committee is of the opinion that a departmental division of eighty per cent permanent and twenty per cent temporary results in discrimination in certain branches where the work is entirely permanent and where twenty per cent have to wait years for any hope of permanency, and also that further evil of this system is that a branch may pad up work to bring in extra temporaries, so as to absorb into the permanent quota those who otherwise would not be permanent. 25. Your committee recommends that long term temporaries on the staff of the House of Commons who have been giving satisfactory service for a number of years should be made permanent employees under the civil service commission. And that the evidence taken by the committee be indexed and one thousand copies in English and five hundred copies in French be printed in bluebook form. A copy of the minutes of proceedings and evidence taken is tabled herewith; also three exhibits filed on May 25. All of which is respectfully submitted. Jean-Frangois Pouliot, Chairman.


SPECIAL COMMITTEE TO INQUIRE INTO TERMS AND OPERATION OF SUPERANNUATION ACT- THIRD REPORT CONCURRED IN


Mr. MALCOLM McLEAN (Melfort) moved that the third and final report of the special committee appointed to inquire into terms and operations of the Civil Service Superannuation Act, presented to the house on June 28, be concurred in.


IND

Alan Webster Neill

Independent

Mr. A. W. NEILL (Comox-Alberni):

I

want to say only a few words on this report. I know how invidious it is for a member who has taken no part in the work of a committee to criticize the results of their faithful labour, and I do not want to put myself in that false position. But I must express, on behalf of those whom I more immediately represent in connection with the matter, my disappointment that the report is not more definite than it is. If I remember rightly, this is the third committee on this subject in the last five or six years. They have all made the same indefinite kind of report, and each of them has ended in just nothing being done. I believe one committee recommended that the departmental officials should look into it. Time is going on; most of these people are getting old, and they are looking forward hopefully, or almost hopelessly now, to some arrangement being made so that they can come under the superannuation act. The people I more immediately refer to are the masters and mates and petty officers of the government boats. There is no reason in the world why they should not, and many reasons why they should, be allowed to come under superannuation. They put in petitions year after year. I myself have been privy to at least three of them. Now the best we get is to have the committee recommend that a similar committee be set up to continue the inquiry next session. I make no reflection on the work of the committee. They seem to have carried on an extraordinary number of interviews, they have examined a large number of witnesses, and so on; but it is unfortunate that perhaps they were rather late in getting organized. I quite admit that it is now too late for the government to do anything this session, but I would suggest that either the chairman of the committee or the Prime Minister (Mr. Mackenzie King) might hold out some hope of the committee being set up early next session in order to present in ample

Questions

time a concrete recommendation which the government could put into effect. If the months are allowed to pass and another committee is appointed it will have to begin de novo and go over the same evidence again, and a year from now we shall be in the same position. We shall again find that the report of the committee will come down too late for the government to take action. I earnestly urge upon the government that they make a note of this so as to have the committee set up early next session in order that we may have some definite recommendation which might be acted upon.

Topic:   SPECIAL COMMITTEE TO INQUIRE INTO TERMS AND OPERATION OF SUPERANNUATION ACT- THIRD REPORT CONCURRED IN
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Motion agreed to. QUESTIONS . (Questions answered orally are indicated by an asterisk.)


J. ULRIC LEBLANC

CON

Mr. BROOKS:

Conservative (1867-1942)

1. Did J. Ulric Leblanc resign as fishery inspector for the county of Westmorland?

2. If so, was he asked to resign?

3. How long had he been in the employ of * the Department of Fisheries as fishery overseer

and fishery inspector?

4. Were any complaints made against him for inefficiency as fishery overseer and inspector?

5. If so, what was the nature of such complaints, and who made the complaints?

6. Is the said J. Ulric Leblanc a returned soldier?

7. If so, how many years did he serve in France, Belgium and Germany?

8. Was an investigation asked for?

9. Was an investigation held?

10. If not, is it the intention of the department to grant such an investigation?

11. Did the department receive any petition from the fishermen of the county of Westmorland praying that the said J. Ulric Leblanc be maintained in office as fishery inspector for the county of Westmorland and asking for an investigation?

Topic:   J. ULRIC LEBLANC
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LIB

Mr. MICHAUD: (Minister of Fisheries)

Liberal

1. Yes.

2. No.

3. Since February 8th, 1920.

4. No.

5. Answered by No. 4.

6 and 7. There is a record of number 1702, Joseph Ulric LeBlanc (date of birth, October 6, 1894) who proceeded to France on the 14th September, 1915 and returned to England on the 15th of April, 1919-service in western theatre of war, 3 years 7 months. His address on discharge was given as Cape Bald, county of Westmorland, N3.

8. No.

9. No.

Questions

10. Answered by No. 8.

11. A number of petitions were received from fishermen of Westmorland county asking that date of acceptance of inspector LeBlanc's resignation be amended to an indefinite time or else that grave reasons why his resignation should be accepted be shown.

Topic:   J. ULRIC LEBLANC
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BTJCTOTJCHE, N.B., OYSTER BEDS

CCF

NATIONAL HARBOURS BOARD-VANCOUVER CONTRACTS

CON

Howard Charles Green

Conservative (1867-1942)

Mr. GREEN:

For a copy of all contracts, leases, agreements, memoranda and other documents in effect between national harbours board and Empire Stevedoring Company Limited, dated during past two years, concerning Ballantyne and/or Lapointe piers in Vancouver harbour, or the equipment thereon.

Topic:   NATIONAL HARBOURS BOARD-VANCOUVER CONTRACTS
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MILL FEEDS

INQUIRY AS TO REDUCTION OP RATES FROM MILLING POINTS TO PACIFIC COAST


On the orders of the day:


CON

William Kemble Esling

Conservative (1867-1942)

Mr. W. K. ESLING (Kootenay West):

Concerning the agreement between the railway companies and the government for reduced rates on mill feed from milling points to coast points may I ask the Minister of Transport (Mr. Howe) whether such reduced rates apply to carload lots for the benefit of farmers and poultryimen along the Columbia river in West Kootenay district? Further, does the government accept the declaration of the railways that if intermediate points insist upon reduced rates the railways will cancel the rates to the coast?

Topic:   MILL FEEDS
Subtopic:   INQUIRY AS TO REDUCTION OP RATES FROM MILLING POINTS TO PACIFIC COAST
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LIB

Clarence Decatur Howe (Minister of Transport)

Liberal

Hon. C. D. HOWE (Minister of Transport):

The only part taken by the government in the matter referred to by my hon. friend was to pass on to parliament an offer from the railways to meet the wishes of the hon. member for New Westminster (Mr. Reid), who brought the situation before the house. The railways offered to include mill feeds in the feed grain rates covered by the agreement of 1933, and I passed that offer on to parliament. The railway offer provided that the same rates that apply in the movement of mill feeds under an arrangement made in 1933 will apply as the maximum rate on mill feeds moving from points outside British Columbia into British Columbia.

Topic:   MILL FEEDS
Subtopic:   INQUIRY AS TO REDUCTION OP RATES FROM MILLING POINTS TO PACIFIC COAST
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June 29, 1938