J-3, r. 1 - Code of ethics applicable to the members of the Administrative Tribunal of Québec

Updated to 12 December 2023

This document has official status.

chapter J-3, r. 1

Code of ethics applicable to the members of the Administrative Tribunal of Québec

Act respecting administrative justice

(chapter J-3, ss. 180 and 181).

DIVISION 1 PRELIMINARY

1. The purpose of this Code is to set out the rules of conduct and the duties of the members of the Administrative Tribunal of Québec with a view to sustaining the public trust in the impartial and independent execution of their functions.

O.C. 174-2006, s. 1.

2. The members shall administer justice within the framework of the law.

O.C. 174-2006, s. 2.

DIVISION 2 RULES OF CONDUCT AND DUTIES

3. The member shall perform his office with honour, dignity and integrity; he shall avoid any conduct likely to bring it discredit.

O.C. 174-2006, s. 3.

4. The member shall perform his functions in full independence, without any interference.

O.C. 174-2006, s. 4.

5. The member shall be, and be seen to be, impartial and objective.

O.C. 174-2006, s. 5.

6. The member shall act in a respectful and courteous manner towards persons appearing before him, while exercising the authority required for the good conduct of the hearing.

O.C. 174-2006, s. 6.

7. The member shall perform his functions without discrimination.

O.C. 174-2006, s. 7.

8. The member shall act with reservedness in public.

O.C. 174-2006, s. 8.

9. The member shall uphold the integrity of his office and shall defend the independence thereof in the best interest of justice.

O.C. 174-2006, s. 9.

10. The member shall take the measures required to maintain his professional competence.

O.C. 174-2006, s. 10.

11. The member shall respect the secrecy of deliberation.

O.C. 174-2006, s. 11.

12. The member is bound to confidentiality regarding any matter brought to his knowledge in the performance of his functions; he shall avoid disclosing any confidential information.

O.C. 174-2006, s. 12.

DIVISION 3 INCOMPATIBLE SITUATIONS AND ACTIVITIES

13. The member shall refrain from engaging in any activity or placing himself in any situation which could affect the dignity of his office or discredit the Tribunal.

O.C. 174-2006, s. 13.

14. The member shall refrain from engaging in any activity or placing himself in any situation which could compromise the effective performance of his functions or could be a recurrent reason for recusation.

O.C. 174-2006, s. 14.

15. The member shall refrain from becoming involved in any cause or participating in any lobby whose objectives or activities are related to matters which come within the jurisdiction of the Tribunal.

O.C. 174-2006, s. 15.

16. The member shall not collect any donations, except in the case of restricted activities of a community, school, religious or family nature and shall refrain from associating his status to fund-raising activities.

O.C. 174-2006, s. 16.

17. The member shall not engage in any activity or partisan political participation at the federal, provincial, municipal or school level.

O.C. 174-2006, s. 17.

18. The part-time member may not act on behalf of a party before the Tribunal or before a body whose decisions may be contested before the Tribunal.

O.C. 174-2006, s. 18.

DIVISION 4 DUTIES PERFORMED GRATUITOUSLY

19. The full-time member may gratuitously perform duties within a non-profit organization insofar as they do not compromise his impartiality or the effective performance of his office.

O.C. 174-2006, s. 19.

DIVISION 5 COMING INTO FORCE

20. (Omitted).

O.C. 174-2006, s. 20.

REFERENCES

O.C. 174-2006, 2006 G.O. 2, 1179