T-15.01, r. 1 - Code of ethics of the members of the Administrative Housing Tribunal

Updated to 31 August 2020

This document has official status.

chapter T-15.01, r. 1

Code of ethics of the members of the Administrative Housing Tribunal

Act respecting the Administrative Housing Tribunal

(chapter T-15.01, ss. 8 and 108, 1st par., subpar. 6).

The former alphanumerical designation of this Code was chapter R-8.1, r. 1.

O.C. 1200-2002; S.Q. 2019, c. 28, ss. 74 and 158.

DIVISION I GENERAL

1. The purpose of this Code is to set out the rules of conduct and the duties of members, in order to ensure public trust in the impartial and independent performance of their duties.

O.C. 1200-2002, s. 1.

2. Members shall ensure the proper conduct of hearings and render justice under the applicable rules of law.

O.C. 1200-2002, s. 2.

DIVISION II MEMBERS’ DUTIES

3. Members shall perform their duties with honour, dignity, integrity and diligence.

O.C. 1200-2002, s. 3.

4. Members shall perform their duties with full independence and without any interference.

O.C. 1200-2002, s. 4.

5. Members shall uphold the integrity of their office and defend its independence, in the higher interest of justice.

O.C. 1200-2002, s. 5.

6. Members shall be clearly impartial and objective.

O.C. 1200-2002, s. 6.

7. Members shall perform their duties showing appropriate consideration towards everyone without discrimination.

O.C. 1200-2002, s. 7.

8. Members shall show respect and courtesy towards those appearing before them, while exercising the authority necessary for the proper conduct of the hearing.

O.C. 1200-2002, s. 8.

9. Members shall respect the confidentiality of deliberations.

O.C. 1200-2002, s. 9.

10. Members are bound to discretion regarding any matter brought to their knowledge in the performance of their duties and to respect the confidential nature of the information thus obtained.

O.C. 1200-2002, s. 10.

11. Members shall take the necessary measures to keep up-to-date and improve the knowledge and skills necessary to perform their duties.

O.C. 1200-2002, s. 11.

12. Members shall be reserved in public.

O.C. 1200-2002, s. 12.

13. Members shall avoid any situation or activity from which could arise a conflict between their personal interests and the requirements of their duties.

O.C. 1200-2002, s. 13.

14. Members shall disclose to the chair of the Tribunal any direct or indirect interest that they have in a business likely to bring about conflict between their personal interests and the duties of their office.

O.C. 1200-2002, s. 14.

15. Members shall avoid getting involved in any activity or putting themselves in any situation likely to undermine the dignity of their office or discredit the Tribunal.

O.C. 1200-2002, s. 15.

16. Members shall be politically neutral and shall not engage in any partisan political activity that is incompatible with the performance of their duties.

O.C. 1200-2002, s. 16.

17. Members may gratuitously perform duties within non-profit organizations insofar as they do not compromise their impartiality or the effective performance of their duties.

O.C. 1200-2002, s. 17.

18. The following is incompatible with the performance of their duties:

(1)  soliciting or collecting donations, except in the case of small-scale community, school, religious or family activities that do not compromise other duties imposed by this Code, or associating their status to those activities; and

(2)  being part of an organization likely to be involved in matters before the Tribunal.

O.C. 1200-2002, s. 18.

DIVISION III PROVISIONS SPECIFIC TO PART-TIME MEMBERS AND SPECIAL CLERKS

19. Giving legal advice in fields within the expertise of the Tribunal is incompatible with the performance of the duties of part-time members or special clerks to the extent that their impartiality and the effective performance of their duties are compromised.

O.C. 1200-2002, s. 19.

20. Part-time members may not act on behalf of a party before the Tribunal.

O.C. 1200-2002, s. 20.

21. This Code shall apply, with the necessary modifications, to special clerks appointed under the Act respecting the Administrative Housing Tribunal (chapter T-15.01).

O.C. 1200-2002, s. 21.

DIVISION IV FINAL

22. This Code replaces the Code of Ethics for Commissioners of the Régie du logement (O.C. 1060-85, 85-06-05).

O.C. 1200-2002, s. 22.

23. (Omitted).

O.C. 1200-2002, s. 23.

REFERENCES

O.C. 1200-2002, 2002 G.O. 2, 5570

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