T-15.01, r. 4 - Regulation respecting the procedure for the recruitment and selection of persons apt for appointment as members to the Administrative Housing Tribunal and for the renewal of their term of office

Updated to 12 December 2023

This document has official status.

chapter T-15.01, r. 4

Regulation respecting the procedure for the recruitment and selection of persons apt for appointment as members to the Administrative Housing Tribunal and for the renewal of their term of office

Act respecting the Administrative Housing Tribunal

(chapter T-15.01, ss. 7.1, 7.2, 7.3, 7.7 and 7.8).

The former alphanumerical designation of this Regulation was chapter R-8.1, r. 4.

O.C. 299-98; S.Q. 2019, c. 28, ss. 74 and 158.

DIVISION I NOTICE OF RECRUITMENT

1. Where it is expedient to draw up a list of persons apt for appointment as members to the Administrative Housing Tribunal, the Associate Secretary General for Senior Positions of the Ministère du Conseil exécutif shall publish a notice of recruitment in a publication circulating or broadcast throughout Québec, inviting interested persons to submit their candidacies for the position of member of the Tribunal.

O.C. 299-98, s. 1.

2. The notice shall give

(1)  a brief description of the duties of a member;

(2)  the place where the member could be assigned to mainly perform his duties;

(3)  in substance, the selection conditions and criteria prescribed by the Act and this Regulation and any qualifications, training and professional experience required for the Tribunal;

(4)  in substance, the system of confidentiality applicable to the selection procedure and an indication that the selection committee may hold consultations about the candidacies; and

(5)  the deadline and address for submitting a candidacy.

O.C. 299-98, s. 2.

3. A copy of the notice shall be sent to the Minister of Municipal Affairs, Regions and Land Occupancy and to the chair of the Tribunal.

O.C. 299-98, s. 3.

DIVISION II CANDIDACIES

4. A person who wishes to submit his candidacy shall forward his résumé and the following information:

(1)  his name, home address and telephone number and, where applicable, office address and telephone number;

(2)  his date of birth;

(3)  the nature of the activites that he has carried out and through which he has acquired the relevant experience;

(4)  where applicable, proof that he has the qualifications mentioned in the notice, when they were acquired and for how many years they were required;

(5)  any condemnation for an indictable offence or an offence punishable on summary conviction or any disciplinary decision, as well as the nature of the offence or fault in question and the imposed sentence or disciplinary penalty;

(6)  any condemnation for a penal offence, the nature of the offence in question and the sentence imposed and whether one can reasonably believe that such offence is likely to question the integrity or impartiality of the Tribunal or of the candidate, to interfere with his ability to perform his duties or to ruin the trust of the public in the office holder;

(7)  where applicable, the names of his employers or partners over the past 10 years;

(8)  where applicable, whether he has filed his candidacy for any such competition in the past 3 years;

(9)  a summary of the reasons for his interest in the position of member of the Tribunal.

The person shall also provide a written statement in which he agrees to a verification, including with a disciplinary body, any professional order of which he is or was a member, his employers in the last 10 years, police authorities and, where applicable, in which he agrees that the persons or organizations mentioned in section 14 may be consulted.

O.C. 299-98, s. 4.

DIVISION III FORMATION OF A SELECTION COMMITTEE

5. Following publication of the notice of recruitment, the Associate Secretary General for Senior Positions of the Ministère du Conseil exécutif shall form a selection committee, designate a chair and appoint to it

(1)  the chair of the Tribunal or, after consulting him, another member of the Tribunal;

(2)  a member of the staff of the Ministère du Conseil exécutif or the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire; and

(3)  a representative of the public who is neither an advocate nor a notary or a representative of the legal community, or both.

O.C. 299-98, s. 5.

6. Where his impartiality could be questioned, a member of the committee shall withdraw in respect of a candidate, particularly in the following situations:

(1)  the member is or was the candidate’s spouse;

(2)  the member is related to the applicant by birth, marriage or civil union, to the degree of first cousin inclusively;

(3)  the member is or was a partner, employer, employee of the candidate in the last 10 years; notwithstanding the foregoing, a member who is in the public service shall withdraw in respect of a candidate only if he is or was the employee or immediate superior of the candidate.

Where a member of the committee has withdrawn, is absent or unable to act, the decision shall be made by the other members.

O.C. 299-98, s. 6.

7. Before taking office, the members of the committee shall take oath by solemnly affirming the following: “I, (full name), swear that I will neither reveal nor make known, without due authorization to do so, anything whatsoever of which I may gain knowledge in the exercise of my office.”.

The oath shall be taken before a member of the staff of the Ministère du Conseil exécutif or the Ministère des Affaires Municipales, des Régions et de l’Occupation du territoire empowered to administer oaths.

The writing evidencing the oath shall be sent to the Associate Secretary General.

O.C. 299-98, s. 7.

8. A person may be appointed to more than one committee at the same time.

O.C. 299-98, s. 8.

9. Travel and accommodation expenses of the committee members shall be reimbursed in accordance with the Décret concernant les règles sur les frais de déplacement des présidents, vice-présidents et membres d’organismes gouvernementaux (D. 2500-83, 83-11-30).

In addition to the reimbursement of their expenses, the committee members who are neither members of the Tribunal nor employees of a government department or body are entitled to fees of $100 per half-day of sitting which they attend.

O.C. 299-98, s. 9.

DIVISION IV FUNCTIONING OF THE SELECTION COMMITTEE

10. The list of candidates and their records shall be sent to the chair of the selection committee.

O.C. 299-98, s. 10.

11. The committee shall analyze the candidates’ records and shall retain those who, in its opinion, meet the eligibility requirements and any additional evaluative measures applied in consideration of the positions to be filled or the large number of candidates.

O.C. 299-98, s. 11.

12. The chair of the committee shall inform the short-listed candidates of the date and place of their meeting with the committee and shall inform the other candidates that they were turned down and, as a result, will not be called to a meeting.

O.C. 299-98, s. 12.

13. The committee’s report shall list candidates that were turned down, giving the reasons therefor.

O.C. 299-98, s. 13.

DIVISION V CONSULTATIONS AND SELECTION CRITERIA

14. The committee may, on any matter in a candidate’s record or any aspect of a candidacy or of the candidacies as a whole, consult with

(1)  any person who has been, in the last 10 years, an employer, partner, immediate superior or first-line superior of the candidate;

(2)  any legal person, partnership or professional association of which the candidate is or was a member.

O.C. 299-98, s. 14.

15. The selection criteria that the committee shall take into account in determining a candidate’s aptitude are

(1)  the candidate’s personal and intellectual qualities;

(2)  the candidate’s experience and the relevancy of that experience in relation to the duties of the Tribunal;

(3)  the extent of the candidate’s knowledge or skills in view of the required qualifications, training and professional experience stated in the notice of recruitment;

(4)  the candidate’s ability to carry out adjudicative functions;

(5)  the applicant’s judgment, open-mindedness, perceptiveness, level-headedness, decision-making and expressive abilities;

(6)  the candidate’s conception of the duties of a member of the Tribunal.

O.C. 299-98, s. 15.

DIVISION VI REPORT OF THE SELECTION COMMITTEE

16. Committee decisions shall be made by a majority vote of its members. In the case of a tie-vote, the chair of the committee shall have a casting vote.

O.C. 299-98, s. 16.

17. Not later than 30 days after an application therefor by the Associate Secretary General for Senior Positions of the Ministère du Conseil exécutif, the committee shall promptly submit a report including

(1)  the names of the candidates with whom the committee met and whom it declared apt to be appointed as members to the Tribunal, their profession and the particulars concerning their work place; and

(2)  any comments that the committee considers expedient, especially with respect to the particular characteristics or qualifications of the candidates considered apt.

That report shall be submitted to the Associate Secretary General and to the Minister of Municipal Affairs, Regions and Land Occupancy.

O.C. 299-98, s. 17.

18. Wherever possible, the committee shall declare apt a number of candidates corresponding to at least twice the number of vacant positions.

O.C. 299-98, s. 18.

19. A member may register his dissent with respect to all or part of the report.

O.C. 299-98, s. 19.

DIVISION VII REGISTER OF DECLARATIONS OF APTITUDE

20. The Associate Secretary General for Senior Positions of the Ministère du Conseil exécutif shall write to the candidates to inform them that they have been declared apt or inapt to be appointed as members to the Tribunal.

O.C. 299-98, s. 20.

21. The Associate Secretary General shall keep the register of declarations of aptitude up-to-date and shall enter therein the list of the candidates declared apt to be appointed as members to the Tribunal.

A declaration of aptitude is valid for a period of 3 years from its entry in the register.

The Associate Secretary General shall strike out an entry upon the expiry of the validity period of the declaration of aptitude, or when the person is appointed as member to the Tribunal, dies or asks that his entry be withdrawn from the register.

O.C. 299-98, s. 21.

DIVISION VIII RECOMMENDATION

22. As soon as he is notified of a vacant position, the Associate Secretary General for Senior Positions of the Ministère du Conseil exécutif shall forward a copy of the updated list of persons declared apt to the Minister of Municipal Affairs, Regions and Land Occupancy.

O.C. 299-98, s. 22.

23. If the Minister of Municipal Affairs, Regions and Land Occupancy is of the opinion that he cannot, considering the list of persons apt to be appointed as members and in the interests of, and to best carry out the duties of the Tribunal, recommend an appointment, he shall then ask the Associate Secretary General to have a notice of recruitment published, in accordance with Division I.

The committee in charge of evaluating the aptitude of the candidates who submitted their candidacy after another notice of recruitment and of reporting to the Minister may be composed of persons previously designated so sit on a preceding committee.

O.C. 299-98, s. 23.

24. The Minister of Municipal Affairs, Regions and Land Occupancy shall recommend to the Government the name of a person who has been declared apt to be appointed as member to the Tribunal.

Where the vacant position is that of chairman or a position of vice-chairman of the Tribunal, the Minister of Municipal Affairs, Regions and Land Occupancy shall recommend to the Government the name of a member of the Tribunal or the name of a person declared apt to be appointed as a member to the Tribunal.

O.C. 299-98, s. 24.

DIVISION IX RENEWAL OF TERMS OF OFFICE

25. In the 12 months before the expiry of a Tribunal member’s term of office, the Secretary General for Senior Positions of the Ministère du Conseil exécutif shall ask that Tribunal member to provide him with the information mentioned in subparagraphs 5 and 6 of section 4 and with a written statement in which he agrees to a verification, including with a disciplinary body, any professional order of which he is or was a member and police authorities and, where applicable, in which he agrees that the persons or organizations mentioned in section 14 may be consulted.

O.C. 299-98, s. 25; S.Q. 2019, c. 28, s. 108.

26. The Associate Secretary General shall form a committee to examine the renewal of the member’s term of office and shall designate the chair thereof.

The committee shall be composed of a representative of the legal community, a retiree from a body of the administrative branch who exercised adjudicative functions and a university representative who is a member of a professional order. The committee members shall neither belong to nor represent the Administration within the meaning of the Public Administration Act (chapter A-6.01).

Sections 6 to 9 then apply.

O.C. 299-98, s. 26; O.C. 1158-2002, s. 1.

27. The committee shall determine whether the member still fulfils the criteria set out in section 15, consider the member’s annual performance assessments, taking into account the needs of the Tribunal and may hold the consultations provided for in section 14 on any matter in the record.

O.C. 299-98, s. 27; O.C. 1158-2002, s. 2.

28. Committee decisions shall be made by a majority vote of its members. In the case of a tie-vote, the chair of the committee shall have a casting vote. A member may register his dissent.

The committee shall forward its recommendation to the Associate Secretary General and to the Minister of Municipal Affairs, Regions and Land Occupancy.

O.C. 299-98, s. 28.

29. The Associate Secretary General shall be the agent empowered to notify a Tribunal member of the non-renewal of his term of office.

O.C. 299-98, s. 29; S.Q. 2019, c. 28, s. 108.

DIVISION X CONFIDENTIALITY

30. The names of candidates, the reports of selection or renewal committees, the register, the list of candidates declared apt to be appointed as members to the Tribunal, as well as any information or document related to a consultation or decision by a committee, are confidential.

Notwithstanding the foregoing, a member whose term of office is not renewed may consult the recommendation of the renewal committee concerning him.

O.C. 299-98, s. 30.

31. (Omitted).

O.C. 299-98, s. 31.

REFERENCES

O.C. 299-98, 1998 G.O. 2, 1427

O.C. 1158-2002, 2002 G.O. 2, 5461

S.Q. 2019, c. 28, ss. 74, 108 and 158