42. On the recommendation of the committee, a director accused of a violation of the standards of ethics or professional conduct applicable to the director may be temporarily relieved of his or her duties, with or without remuneration, by the board of directors, in an urgent situation requiring rapid action or in a presumed case of serious misconduct.
On the recommendation of the committee, a director against whom proceedings concerning an act involving collusion, corruption, malfeasance, breach of trust or influence peddling or proceedings concerning improper gestures or remarks of a sexual nature are instituted or who has been the subject of an offence punishable by a term of imprisonment of 5 years or more, may be temporarily relieved of his or her duties, with or without remuneration.
The board of directors meets, without delay and in camera, to decide, by a two-thirds vote of its members, whether the director under inquiry must be temporarily relieved of his or her duties.
The director concerned by that measure may submit observations to the board of directors and be heard on the facts in support of his or her claims, before the decision of the board of directors is taken.
The board of directors informs the Office of its decision to temporarily relieve an appointed director of his or her duties.
1168-2018O.C. 1168-2018, s. 42.