E-6.1, r. 0.1 - Code of ethics of the members of the Financial Markets Administrative Tribunal

Updated to 1 January 2024

This document has official status.

chapter E-6.1, r. 0.1

Code of ethics of the members of the Financial Markets Administrative Tribunal

Act respecting the regulation of the financial sector

(chapter E-6.1, s. 115.15.25).

DIVISION I GENERAL

O.C. 1729-2022, Div. I.

1. The purpose of this Code is to ensure and promote public trust in the integrity and impartiality of the Tribunal by favouring high standards of conduct for its members appointed by the Government.

O.C. 1729-2022, s. 1.

2. Members must render justice under the applicable rules of law.

O.C. 1729-2022, s. 2.

DIVISION II RULES OF CONDUCT AND DUTIES OF MEMBERS

O.C. 1729-2022, Div. II.

3. Members must perform their duties with honour, dignity and integrity, keeping in mind that accessibility and promptness are important values of the Tribunal.

O.C. 1729-2022, s. 3.

4. Members must perform their duties without discrimination.

O.C. 1729-2022, s. 4.

5. Members must be overtly objective and impartial.

O.C. 1729-2022, s. 5.

6. Members must act in a respectful and courteous manner towards persons appearing before them, while exercising the authority necessary for the proper conduct of the hearing.

O.C. 1729-2022, s. 6.

7. Members must uphold the integrity of the Tribunal and defend its independence in the best interest of justice.

O.C. 1729-2022, s. 7.

8. Members must make themselves available to discharge their duties conscientiously, carefully and diligently.

O.C. 1729-2022, s. 8.

9. Members must take the measures required to keep up-to-date and upgrade the knowledge and skills necessary to perform their duties.

O.C. 1729-2022, s. 9.

10. Members are bound by discretion regarding any matter brought to their knowledge in the performance of their duties and must refrain from disclosing information of a confidential nature.

O.C. 1729-2022, s. 10.

11. Members are bound by deliberative secrecy.

O.C. 1729-2022, s. 11.

12. Members must perform their duties with complete independence, free of any interference.

O.C. 1729-2022, s. 12.

13. Members must act with reserve in public.

O.C. 1729-2022, s. 13.

14. Members must disclose to the president any situation that, to their knowledge, could cause a conflict between personal interest and the duties of their office.

O.C. 1729-2022, s. 14.

15. Members must be politically neutral in the performance of their duties.

O.C. 1729-2022, s. 15.

16. Members may exercise functions free of charge within a professional order or a non-profit organization. Members must inform the president of their intention to do so.

The functions that members want to exercise must not compromise the effective performance of their duties as a member, or the impartiality or independence of the member or the Tribunal.

O.C. 1729-2022, s. 16.

DIVISION III INCOMPATIBLE SITUATIONS AND ACTIVITIES

O.C. 1729-2022, Div. III.

17. Members must refrain from pursuing an activity or placing themselves in a situation that may undermine the honour, dignity, integrity or independence of their office, or discredit the Tribunal.

O.C. 1729-2022, s. 17.

18. The following in particular is incompatible with the performance of the duties of members:

(1)  soliciting or collecting donations, except in the case of community, school, religious or family activities, or associating the status of member of the Tribunal to those activities;

(2)  taking part in charities or organizations likely to be involved in matters before the Tribunal;

(3)  giving advice to or dealing with organizations relating to matters that come within the jurisdiction of the Tribunal, except if such advice is not likely to compromise the impartiality or independence of the member or the Tribunal;

(4)  becoming involved in any cause or participating in any lobby whose objectives or activities are related to matters that come within the jurisdiction of the Tribunal.

O.C. 1729-2022, s. 18.

19. Part-time members may not exercise professional activities that are incompatible with the duties of their office or that would constitute recurring grounds for recusation.

Part-time members may not act on behalf of a party in dealing with the Tribunal or another organization whose decisions may be reviewed by the Tribunal.

O.C. 1729-2022, s. 19.

20. Members must not engage in any activity or partisan political participation at the federal, provincial, municipal or school level.

O.C. 1729-2022, s. 20.

DIVISION IV FINAL

O.C. 1729-2022, Div. IV.

21. (Omitted).

O.C. 1729-2022, s. 21.

REFERENCES

O.C. 1729-2022, 2022 G.O. 2, 3903