J-3, r. 3.1 - Regulation respecting the remuneration and other conditions of office of members of the Administrative Tribunal of Québec

Updated to 5 June 2025

This document has official status.

chapter J-3, r. 3.1

Regulation respecting the remuneration and other conditions of office of members of the Administrative Tribunal of Québec

Act respecting administrative justice

(chapter J-3, s. 56).

DIVISION I REMUNERATION

1. The salary scales applicable to the president, vice-presidents and members of the Administrative Tribunal of Québec are those in Schedule I.

The salary scales shall be revised in keeping with the policy adopted by the Government for holders of senior positions appointed by the Government.

O.C. 318-98, s. 1.

2. Part-time members of the Tribunal shall receive fees in accordance with the hourly rate in Schedule I, up to a maximum of 7 hours’ work a day.

The maximum number of work hours may be exceeded where authorized by the president of the Tribunal and where special circumstances warrant it.

For the purposes of this Regulation, fees paid to the members of the Tribunal are considered to be a salary.

O.C. 318-98, s. 2.

3. When a full-time member of the Tribunal takes office, his starting salary is determined by taking into account the level of the position to be filled and their employment income, in accordance with the standards prescribed in Schedule II. An amount representing 10% of the maximum of the salary scale applicable is added to that starting salary, subject to having reached the maximum of that salary scale.

O.C. 318-98, s. 3; O.C. 436-2012, s. 1; O.C. 149-2020, s. 1.

4. A person who has retired from the public sector defined in Schedule III and is appointed member of the Tribunal shall receive a salary corresponding to the salary determined in accordance with the standards of this Regulation, from which shall be deducted half the amount of the retirement pension he receives from the public sector. The deduction shall be established in the instrument of appointment or at the time the member begins to receive the pension. The salary may therefore be lower than the regular minimum of the scale applicable to the position.

The deduction of an amount corresponding to half the amount of the retirement pension, provided for in the first paragraph, is applicable for the 2 years following the retirement date.

In the case of a part-time member, the deduction of an amount corresponding to half the amount of the retirement pension is not applicable.

O.C. 318-98, s. 4; O.C. 436-2012, s. 2; O.C. 149-2020, s. 2.

5. Whoever has received or is receiving a severance pay or allowance from the public sector defined in Schedule III and receives a salary as a member of the Tribunal during the period covered by such pay or allowance shall reimburse the portion of the severance pay or allowance that covers the period for which he was receiving a salary, or shall cease to receive it during that period.

However, if the salary he receives as a member of the Tribunal is lower than what he was receiving prior to his appointment, he shall repay only that portion of the severance pay or allowance up to the amount of his new salary, or he may continue to receive the portion of the severance pay or allowance that exceeds his new salary.

The period covered by the severance pay or allowance corresponds to that which would have been covered by the same amount if the member had received it as salary for his office, employment or previous position.

O.C. 318-98, s. 5.

6. (Revoked).

O.C. 318-98, s. 6; O.C. 436-2012, s. 3.

7. Where a member of the Tribunal, other than a member exercising the powers and duties of chairperson of a Review Board within the meaning of sections 672.38 and following of the Criminal Code (R.S.C. 1985, c. C-46), already in office is designated as vice-president of the Tribunal, his salary shall be increased by 5%. However, the new salary may not be lower than the regular minimum or greater than the regular maximum of the salary scale applicable to that position.

Where a vice-president of the Tribunal already in office is designated as president of the Tribunal, his salary shall be increased by 10%. However, the new salary may not be lower than the regular minimum or greater than the regular maximum of the salary scale applicable to that position.

Where a member of the Tribunal, other than a member exercising the powers and duties of chairperson of a Review Board within the meaning of sections 672.38 and following of the Criminal Code already in office is designated as president of the Tribunal, his salary shall be increased by 15%. However, the new salary may not be lower than the regular minimum or greater than the regular maximum of the salary scale applicable to that position.

Where a member of the Tribunal already in office is designated to exercise the powers and duties of chairperson of a Review Board within the meaning of sections 672.38 and following of the Criminal Code, the salary is increased by 5%. The new salary may not, however, be lower than the regular minimum or greater than the regular maximum of the salary scale applicable to that position.

Where a member exercising the powers and duties of chairperson of a Review Board within the meaning of sections 672.38 and following of the Criminal Code is designated as president of the Tribunal, the salary is increased by 10%. The salary may not, however, be lower than the regular minimum or greater than the regular maximum of the salary scale applicable to that position.

O.C. 318-98, s. 7; O.C. 1180-2002, s. 1; D. 1324-2013 (French only), a. 1; O.C. 486-2025, s. 1; O.C. 149-2020, s. 3.

8. A full-time member of the Tribunal who ceases to hold an administrative office within the Tribunal in accordance with the second paragraph of section 58 of the Act respecting administrative justice (chapter J-3), shall receive, starting on the effective date, a salary equivalent to what he was receiving without exceeding the maximum of the salary scale for a member’s position.

O.C. 318-98, s. 8; O.C. 436-2012, s. 4.

9. The salary of a full-time member shall be increased, up to the regular maximum salary of the applicable scale, by the annual percentage determined according to the following formula:

(0.1 × % attributed for the “A” performance rating) + (0.3 × % attributed for the “B” performance rating) + (0.6  × % attributed for the “C” performance rating)

The percentages of increase shall be the annual percentages provided for salary advancement under the government policy on performance assessments for members of a body appointed by the Government.

With respect to a full-time member who has retired from the public sector as described in Schedule III, the regular maximum of the applicable salary scale shall be determined by taking into account the deduction made at the time of the member’s appointment or at the time the member began to receive a retirement pension from the public sector in accordance with section 4.

A full-time member who has been in office less than 4 months during the period used as reference for salary advancement and remuneration adjustment does not benefit from the provisions of this section.

O.C. 318-98, s. 9; O.C. 1180-2002, s. 2; O.C. 436-2012, s. 5; O.C. 722-2017, s. 1.

10. The annual performance assessment of a member of the Tribunal shall be carried out by the president of the Tribunal or by a vice-president he designates. The job factors and job ratings for assessing a member’s performance, in accordance with the principle of independent exercise of jurisdictional functions, are shown in Schedule IV.

The annual performance assessment of a vice-president of the Tribunal shall be carried out by the president of the Tribunal and shall address, with respect to his administrative office, the efficiency and effectiveness of the management of resources at his disposal to carry out the Tribunal’s mission. If applicable, it shall also address his performance as a member. The job factors and job ratings for the assessment, in keeping with the principle of independent exercise of jurisdictional functions, are shown in Schedule IV.

The annual performance assessment of the president of the Tribunal shall be carried out by the Minister of Justice and shall address only the efficiency and effectiveness of the management of resources at his disposal to carry out the Tribunal’s mission. The job factors and job ratings for assessing his performance are shown in Schedule IV.

O.C. 318-98, s. 10.

11. A member of the Tribunal who has retired or resigned and who is concluding the cases he has begun to hear but has yet to determine in accordance with the first paragraph of section 55 of the Act respecting administrative justice (chapter J-3), shall continue to be remunerated, for a period to be determined by the president, according to an hourly rate calculated in keeping with the annual salary he was receiving at the time he retired or resigned. For the purposes of this paragraph, a member is deemed to work 35 hours a week.

If the situation applies to a part-time member, he shall receive the hourly rate to which he was entitled.

O.C. 318-98, s. 11; O.C. 436-2012, s. 6.

12. A vice-president of the Tribunal who replaces the president in accordance with section 63 of the Act respecting administrative justice (chapter J-3) shall receive an additional remuneration equivalent to 5% of his annual salary for the duration of that replacement.

A vice-president of the Tribunal who replaces another vice-president in accordance with section 63 of the Act shall receive an additional remuneration equivalent to 3% of his annual salary for the duration of that replacement.

The additional remuneration shall be paid only in the event of a replacement lasting at least 45 consecutive days.

O.C. 318-98, s. 12.

12.1. A member of the Tribunal designated by the president to act as a coordinating member receives an additional remuneration equivalent to 5% of the member’s annual salary for the duration of that responsibility.

The additional remuneration is paid only in the event of a responsibility lasting at least 45 consecutive days.

O.C. 436-2012, s. 7.

DIVISION II OTHER CONDITIONS OF OFFICE

§ 1 . — Insurance plans

13. Full-time members of the Tribunal shall participate in the group insurance plans for managerial staff of the Québec public and parapublic sectors.

In case of disability of a member who is entitled to salary insurance benefits during his term of office, the benefits provided for under the long- or short-term salary insurance plans shall be paid and the member shall be exempted from paying premiums to the pension and insurance plans for the duration of the period of disability, even if the member’s term expires during that period.

O.C. 318-98, s. 13.

§ 2 . — Pension plans

14. In accordance with section 59 of the Act respecting administrative justice (chapter J-3) and subject to any special provisions included in the following plans and prescribed by order in council,

(1)  full-time members of the Tribunal shall participate in the Pension Plan of Management Personnel or, as the case may be, in the Civil Service Superannuation Plan;

(2)  the vice-presidents of the Administrative Tribunal shall participate in the Pension Plan of Management Personnel and be subject to the special retirement provisions prescribed by Special provisions in respect of classes of employees designated under section 23 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1, r. 2) and Provisions respecting the determination of supplementary benefits in respect of certain classes of employees under section 208 of the Act respecting the Pension Plan of Management Personnel (chapter R-12.1, r. 3) with the necessary modifications, as employees not subject to Schedule I to the latter Order in Council;

(3)  the president of the Tribunal shall participate in the Pension Plan of Management Personnel and be subject to the special retirement provisions of Special provisions in respect of classes of employees designated under section 23 of the Act respecting the Pension Plan of Management Personnel and Provisions respecting the determination of supplementary benefits in respect of certain classes of employees under section 208 of the Act respecting the Pension Plan of Management Personnel with the necessary modifications.

O.C. 318-98, s. 14; O.C. 1180-2002, s. 3; D. 1324-2013 (French only), a. 2; O.C. 486-2025, s. 2.

§ 3 . — Annual vacation leave

15. Full-time members and vice-presidents of the Tribunal shall be entitled to a paid annual vacation of 20 to 25 working days, granted in accordance with the Règles concernant la rémunération et les autres conditions de travail des titulaires d’un emploi supérieur à temps plein (D. 450-2007, 2007-06-20).

Where part or all of the annual vacation to which a member or vice-president is entitled cannot be taken in a given fiscal year, a request for its carryover shall be made to the president of the Tribunal before the end of that fiscal year.

The number of days of annual vacation carried over may not exceed the number of days of annual vacation to which a member or vice-president is entitled.

The vacation days accumulated by a full-time member or a vice-president in the context of their functions at the Tribunal and that are unused upon their departure will be reimbursed to the full-time member or vice-president by the Tribunal at that time.

O.C. 318-98, s. 15; O.C. 79-2011, s. 1; O.C. 149-2020, s. 4.

16. The president of the Tribunal shall be entitled to a paid annual vacation of 25 working days, to be calculated proportionally to the time in office during the fiscal year.

Where part or all of the annual vacation to which he is entitled cannot be taken in a given fiscal year, a request for its carryover shall be made to the Associate Secretary-General for Senior Positions of the Ministère du Conseil exécutif.

The number of days of annual vacation carried over may not exceed the number of days of annual vacation to which he is entitled.

The vacation days accumulated by the president in the context of his functions at the Tribunal and that are unused upon his or her departure will be reimbursed to the president by the Tribunal at that time.

O.C. 318-98, s. 16; O.C. 149-2020, s. 5.

§ 4 . — Legal holidays

17. A full-time member of the Tribunal shall have the same annual paid legal holidays as those that apply to the Québec public service.

O.C. 318-98, s. 17.

§ 4.1 . — Other days off

O.C. 149-2020, s. 6.

17.1. Full-time members are entitled to paid days of absence, the duration of which must be agreed upon in advance with the president of the Tribunal, for the purpose of a marriage or civil union, a birth, the adoption of a child, a death, moving or for any other reason considered appropriate, in accordance with the Directive concernant l’ensemble des conditions de travail des cadres de la fonction publique (C.T. 208914, 2010-04-20, French only) and its amendments.

O.C. 149-2020, s. 6.

17.2. Full-time members benefit from the provisions concerning parental rights that are provided for in Chapter 13 of the Directive concernant l’ensemble des conditions de travail des cadres de la fonction publique (C.T. 208914, 2010-04-20, French only), to the extent that they are compatible with the provisions of this Regulation.

O.C. 149-2020, s. 6.

§ 5 . — Expenses incurred in office

18. The president and vice-presidents of the Tribunal are entitled to the reimbursement of expenses, with supporting documents but without prior authorization, that were incurred in the performance of their duties up to the amount of $4,140 per fiscal year for the president and $2,415 per fiscal year for a vice-president.

The expenses are reimbursed in accordance with the Règles concernant la rémunération et les autres conditions de travail des titulaires d’un emploi supérieur à temps plein (D. 450-2007, 2007-06-20), with the necessary modifications.

O.C. 318-98, s. 18; O.C. 1180-2002, s. 4; O.C. 436-2012, s. 8.

§ 6 . — Travel and living expenses

19. Members of the Tribunal shall be entitled to the reimbursement of travel and living expenses incurred in the performance of their duties in accordance with the Règles sur les frais de déplacement des présidents, vice-présidents et membres d’organismes gouvernementaux (D. 2500-83, 83-11-30), with the necessary modifications.

O.C. 318-98, s. 19.

20. For the purposes of reimbursing expenses incurred, the principal location for the performance of duties of members of the Tribunal is that provided for by order in council.

O.C. 318-98, s. 20.

§ 7 . — Notice of resignation

21. For the purposes of section 52 of the Act respecting administrative justice (chapter J-3), a notice of resignation given to the Minister of Justice shall be sent to the president of the Tribunal who shall forward a copy to the Associate Secretary-General for Senior Positions of the Ministère du Conseil exécutif.

O.C. 318-98, s. 21.

§ 8 . —

(Revoked)

O.C. 318-98, Sd. 8; O.C. 436-2012, s. 9.

22. (Revoked).

O.C. 318-98, s. 22; O.C. 436-2012, s. 9.

23. (Revoked).

O.C. 318-98, s. 23; O.C. 436-2012, s. 9.

§ 9 . — Transition allowance and other similar measures

24. (Revoked).

O.C. 318-98, s. 24; O.C. 436-2012, s. 9.

25. (Revoked).

O.C. 318-98, s. 25; O.C. 436-2012, s. 9.

26. (Revoked).

O.C. 318-98, s. 26; O.C. 436-2012, s. 10; O.C. 149-2020, s. 7.

27. A full-time member of the Tribunal who no longer performs his duties, who has benefitted from a departure incentive program or its equivalent and who, within the 2 years following his departure holds an office, employment or any other remunerated position in the public sector defined in Schedule III shall reimburse the amount equivalent to the amount received under the program up to the amount of the remuneration received during that 2-year period as a result of his return.

O.C. 318-98, s. 27.

28. Part-time teaching activities are not governed by sections 26 and 27.

O.C. 318-98, s. 28.

29. Sections 9 and 10 of this Regulation come into force on 1 April 1999. Any salary revision made before that date in the case of persons referred to in section 841 of the Act respecting the implementation of the Act respecting administrative justice (1997, chapter 43) shall be carried out, if applicable, in accordance with the rules applicable before the coming into force of this Regulation.

O.C. 318-98, s. 29.

30. (Omitted).

O.C. 318-98, s. 30.

SCHEDULE I

(ss. 1 and 2)

Salary scales applicable to the president, vice-presidents and members of the Administrative Tribunal of Québec

(1) The salary scale applicable to the president of the Tribunal is the scale established for Level 7 chief executive officers of government bodies under Order in Council 450-2007 dated 20 June 2007, with the necessary modifications.

(2) The salary scale applicable to vice-presidents of the Tribunal is the scale established for Level 5 vice-presidents of government bodies under the Order in Council referred to in section 1.

(3) The salary scale applicable to full-time members of the Tribunal is the scale established for Level 5 full-time members of government bodies under the Order in Council referred to in section 1.

(4) (Revoked).

(5) (Revoked).

(6) The salary scale applicable to members exercising the powers and duties of chairperson of a Review Board within the meaning of sections 672.38 and following of the Criminal Code (R.S.C. 1985, c. C-46) is the scale established for Level 5 full-time members of government bodies under the Order in Council referred to in section 1.

(7) The hourly rate paid to members of the Tribunal performing their duties on a part-time basis is determined as follows:

(Maximum of the scale applicable to full-time members of level-5 bodies + 20%*) ÷ 261 business days ÷ 7 hours per business day.

* To compensate for the absence of social benefits

O.C. 318-98, Sch. I; O.C. 1180-2002, s. 5; D. 1324-2013 (French only), a. 3; O.C. 486-2025, s. 3; O.C. 488-2025, s. 1.

SCHEDULE II

(s. 3)

DETERMINATION OF THE STARTING SALARY OF A MEMBER APPOINTED TO THE ADMINISTRATIVE TRIBUNAL OF QUEBEC

For the purposes of determining the income to be used as a basis for the calculation of the starting salary of a member appointed to the Administrative Tribunal of Québec, the following rules shall apply:

(1) Take into account the regular salary with the previous employer, supported by a compulsory attestation by the employer.

(2) Determine self-employment income by one of the following means:

— a financial statement prepared by an accounting firm;

— a copy of the T4 or Relevé 1 slip(s) showing the income for the year(s) of reference required;

— a sworn statement in which the candidate attests to his income;

— any other acceptable and accurate proof of the candidate’s financial situation.

(3) Exclude from the salaries, earnings or income provided, any amount that is not of a regular nature such as premiums, overtime or other bonuses of that nature.

(4) Take into account, for the purposes of determining the salary, only the income from the principal employment, thereby excluding income from casual employment.

(5) Subtract, in the case of candidates who are contract or casual employees of the Gouvernement du Québec, the percentage of their salary compensating for the absence of fringe benefits, where such a percentage is provided.

(6) If more advantageous, calculating the average of the income received during the 3 previous years that varies notably from one year to the next because that income is in the form of profit sharing or another form. The same applies to the regular salary received, in the event of variations in salary or changes in employment during the 3 previous years.

O.C. 318-98, Sch. II; I.N. 2025-05-01; O.C. 149-2020, s. 8.

SCHEDULE III

(ss. 4, 5, 9, 26 and 27)

THE PUBLIC SECTOR INCLUDES

(1) the Government, a government department, the Conseil exécutif and the Conseil du trésor;

(2) the Lieutenant-Governor’s staff, the National Assembly, the Public Protector, any person designated by the National Assembly to perform duties that come under the National Assembly, where the law provides that its personnel is appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1) and any body to which the National Assembly or one of its committees appoints the majority of the members;

(3) any body that is established by an Act, pursuant to an Act or by a decision of the Government, the Conseil du trésor or a minister and that meets one of the following conditions:

(1) all or part of its appropriations for operating purposes appear under that heading in the budgetary estimates tabled in the National Assembly;

(2) its employees are required by law to be appointed or remunerated in accordance with the Public Service Act;

(3) the Government or a minister appoints at least half of its members or directors and at least half of its operating costs are borne directly or indirectly by the consolidated revenue fund or by other funds administered by a public body referred to in section 1 or 2 of this Schedule or by both at the same time;

(4) the Public Curator;

(5) any body or agency, other than those mentioned in sections 1, 2 or 3 of this Schedule, instituted by an Act, pursuant to an Act, or by a decision of the Government, the Conseil du Trésor or a minister and at least half of whose members or directors are appointed by the Government or a minister;

(6) any joint-stock company, other than a government body mentioned in section 3 of this Schedule, of which more than 50% of the voting shares are part of the public domain or are owned by a government body referred to in sections 1 to 3 and 5 of this Schedule or by an undertaking referred to in this section;

(7) any educational institutions at the university level referred to in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(8) any general and vocational college instituted in accordance with the General and Vocational Colleges Act (chapter C-29);

(9) any school service centre referred to in the Education Act (chapter I-13.3), any school board referred to the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), and the Conseil scolaire de l’Île-de-Montréal;

(10) any private institution accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1);

(11) any other educational institution of which more than one-half of the operating expenses are paid out of the appropriations entered in the budgetary estimates tabled in the National Assembly;

(12) any public institution or private institution under agreement and any health and social services agency referred to in the Act respecting the governance of the health and social services system (chapter G-1.021) or the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2);

(13) a regional council established under the Act respecting health services and social services for Cree Native persons (chapter S-5);

(14) any municipality, and any body declared by law to be the mandatary or agent of a municipality, and any body whose board of directors is composed in the majority of members of the municipal council, as well as any body otherwise under municipal authority;

(15) any urban community, intermunicipal board, intermunicipal transit corporation, intermunicipal board of transport, Kativik Regional Government and any other body whose board of directors is composed in the majority of elected municipal officers, except a private body;

(16) the federal public sector referred to in paragraphs 11 to 14 of Schedule I to the Règles concernant la rémunération et les autres conditions de travail des titulaires d’un emploi supérieur à temps plein (D. 450-2007, 2007-06-20, French only).

O.C. 318-98, Sch. III; O.C. 149-2020, s. 9; O.C. 816-2021, s. 69; O.C. 487-2025.

SCHEDULE IV

(ss. 9 and 10)

JOB FACTORS AND JOB RATINGS FOR PERFORMANCE ASSESSMENTS

Annual performance assessments shall be based on the following job factors:

(1) Qualitative job factors include factors and standards for assessing the knowledge, skills, attitudes and behaviour of a member in the exercise of his powers and duties, in particular,

(a) the knowledge and use of acts, regulations, rules of evidence and procedure, and jurisprudence acquired through the means available to him;

(b) the written quality of decisions, in particular, clarity, precision and conciseness;

(c) behaviour with respect to the parties, their witnesses and their representatives, in particular during hearings;

(d) compliance with the code of ethics applicable to a member of the Tribunal;

(e) availability and interest in the duties;

(f) communications and relations with the management and staff of the Tribunal;

(g) participation in committees and activities related to the duties of a member of the Tribunal.

(2) Quantitative job factors assess the quantitative contribution of a member with respect to the handling of cases, in particular,

(a) the number of cases settled following conciliation, withdrawal or an amicable settlement;

(b) the number of cases handled following inquiries and hearings for the parties, and the testimonies, arguments and the entire documentation pertaining to a case taken under advisement;

(c) the number of decisions rendered.

The annual performance assessment shall be in keeping with the following job ratings:

A performance that far exceeds required standards

B performance that exceeds required standards

C performance that meets required standards

D performance that is below required standards

E performance that is far below required standards

O.C. 318-98, Sch. IV.

TRANSITIONAL

2020

(O.C. 149-2020) SECTION 10. Level 4 members of the Tribunal, including physicians, who have been in office for at least 4 months as at 1 April 2020 and who receive a salary that is less than the minimum of the salary scale applicable as at 2 April 2020 will obtain a salary adjustment on that date in order that it corresponds to the minimum of the salary scale.

Level 4 members of the Tribunal, including physicians, who have been in office for at least 4 months as at 1 April 2020 benefit, if applicable, from a salary increase on 2 April 2020, in accordance with section 9 of the Regulation respecting the remuneration and other conditions of office of members of the Administrative Tribunal of Québec, provided that the revised salary does not exceed the maximum of the salary scale applicable to the level of the position held.

REFERENCES

O.C. 318-98, 1998 G.O. 2, 1443

O.C. 1180-2002, 2002 G.O. 2, 5464

S.Q. 2005, c. 32, s. 309

O.C. 79-2011, 2011 G.O. 2, 609

O.C. 436-2012, 2012 G.O. 2, 1437

D. 1324-2013 (French only), 2014 G.O. 2, 8

O.C. 722-2017, 2017 G.O. 2, 2112

O.C. 149-2020, 2020 G.O. 2, 700

O.C. 816-2021, 2021 G.O. 2, 2103

S.Q. 2023, c. 34, ss. 1293 and 1634

O.C. 486-2025, 2025 G.O. 2, 1207

O.C. 487-2025, 2025 G.O. 2, 1210

O.C. 488-2025, 2025 G.O. 2, 1211