D-11.1 - Act to facilitate the disclosure of wrongdoings relating to public bodies

Updated to 30 November 2024

This document has official status.

chapter D-11.1

Act to facilitate the disclosure of wrongdoings relating to public bodies

CHAPTER I PURPOSE AND SCOPE

2016, c. 34, c. I.

1. The purpose of this Act is to facilitate the disclosure, in the public interest, of wrongdoings committed or about to be committed in relation to public bodies.

In addition, it aims to prevent wrongdoings, and reprisals or threats of reprisals in relation to a disclosure.

2016, c. 34, s. 1; 2024, c. 21, s. 11.

2. For the purposes of this Act, the following are public bodies:

(1)  government departments;

(2)  bodies and persons appointed or designated by the Government or a minister whose personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1);

(3)  budget-funded bodies and bodies other than budget-funded bodies respectively listed in Schedules 1 and 2 to the Financial Administration Act (chapter A-6.001), including the persons listed in those schedules;

(4)  government enterprises listed in Schedule 3 to the Financial Administration Act as well as the Commission de la construction du Québec and the Caisse de dépôt et placement du Québec;

(5)  school service centres governed by the Education Act (chapter I-13.3), school boards governed by the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), the Comité de gestion de la taxe scolaire de l’île de Montréal, and general and vocational colleges established by the General and Vocational Colleges Act (chapter C-29);

(6)  university-level educational institutions listed in paragraphs 1 to 11 of section 1 of the Act respecting educational institutions at the university level (chapter E‑14.1);

(7)  public institutions and private institutions under agreement within the meaning of the Act respecting health services and social services (chapter S-4.2) as well as the regional council established under the Act respecting health services and social services for Cree Native persons (chapter S-5);

(8)  persons appointed or designated by the National Assembly to an office under its jurisdiction, together with the personnel directed by them;

(9)  childcare centres, day care centres benefiting from subsidized childcare spaces and home educational childcare coordinating offices governed by the Educational Childcare Act (chapter S-4.1.1);

(9.1)  municipal bodies within the meaning of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) and legal persons referred to in subparagraph 2 of the first paragraph of section 107.7 of the Cities and Towns Act (chapter C-19); and

(10)  any other entity designated by the Government.

2016, c. 34, s. 2; 2018, c. 8, s. 162; 2020, c. 1, s. 188; 2022, c. 9, s. 97.

3. This Act applies to the National Assembly to the extent and on the conditions determined by regulation of the Office of the National Assembly.

2016, c. 34, s. 3.

4. For the purposes of this Act, any act that constitutes or consists in, as the case may be,

(1)  a contravention of a Québec law, of a federal law applicable in Québec or of a regulation made under such a law,

(2)  a serious breach of the standards of ethics and professional conduct,

(3)  a misuse of funds or property belonging to a public body, including the funds or property it manages or holds for others,

(4)  gross mismanagement within a public body, including an abuse of authority,

(5)  any act or omission that seriously compromises or may seriously compromise a person’s health or safety or the environment, or

(6)  directing or counselling a person to commit a wrongdoing described in any of paragraphs 1 to 5,

is considered a wrongdoing.

A wrongdoing can be committed or about to be committed by, in particular, a member of the personnel, a shareholder or a director of a public body in the exercise of his or her functions, or by any other person, partnership, group or other entity in the course of the tendering or awarding process for, or the performance of, a contract of a public body, including a grant of financial assistance.

2016, c. 34, s. 4; 2024, c. 21, s. 13.

5. This Act does not apply to a disclosure whose purpose is not in the public interest, such as a disclosure whose purpose pertains solely to a condition of employment of the person making the disclosure, nor does it apply to a disclosure whose purpose is to question the merits of the policies and program objectives of the Government or of a public body. The same is true for a disclosure whose purpose is to question the effectiveness, efficiency or merits of strategies, policy directions and operations related to the investment activities, fund management activities or debt management activities of the Caisse de dépôt et placement du Québec or Investissement Québec.

Moreover, this Act does not apply

(1)  to a disclosure of a contravention of an Act or regulation regarding the tendering or awarding process for, or the performance of, a public contract described in the first paragraph of section 20 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1), except in the case of an alleged wrongdoing in relation to the Autorité des marchés publics;

(2)  to a disclosure falling within the inspector general’s oversight mandate provided for in section 57.1.8 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4); or

(3)  to a disclosure regarding an ethics- or conduct-related violation covered by Division I of Chapter III of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1).

2016, c. 34, s. 5; 2017, c. 27, s. 187; 2018, c. 8, s. 163; 2022, c. 18, s. 116; 2024, c. 21, s. 14.

5.1. The Public Protector must raise public awareness about the possibility of disclosing a wrongdoing in accordance with this Act, in particular by informing the public that it is possible to make a disclosure concerning a wrongdoing before it is committed.

2024, c. 21, s. 15.

CHAPTER II DISCLOSURE OF WRONGDOINGS

2016, c. 34, c. II.

6. Any person may, at any time, contact the Public Protector to disclose information that could show that a wrongdoing has been committed or is about to be committed in relation to a public body.

If a person wishes to make a disclosure concerning a public body referred to in paragraph 9.1 of section 2, the person may contact the Commission municipale du Québec to make the disclosure.

If a person wishes to make a disclosure involving the Public Protector, the person must contact the Ethics Commissioner, appointed under the Code of ethics and conduct of the Members of the National Assembly (chapter C-23.1), to make the disclosure.

A disclosure may be made anonymously or not.

2016, c. 34, s. 6; 2018, c. 8, s. 164; 2017, c. 27, s. 188; 2021, c. 31, s. 105; 2024, c. 21, s. 16.

7. If a person has reasonable grounds to believe that a wrongdoing committed or about to be committed poses a serious risk to a person’s health or safety or to the environment and cannot, given the urgency of the situation, contact one of the persons referred to in section 6, that person may disclose to the public any information he or she considers reasonably necessary to avoid that risk.

However, before doing so, that person must communicate the information to a police force or to the Anti-Corruption Commissioner. In addition, the communication of information must not have the foreseeable effect of hindering intervention measures intended to avoid serious risk to a person’s health or safety or to the environment.

2016, c. 34, s. 7; 2024, c. 21, s. 17.

8. A person making a disclosure or cooperating in an audit or investigation conducted on the basis of a disclosure may communicate, in accordance with this Act, any information that could show that a wrongdoing has been committed or is about to be committed.

The first paragraph applies despite the provisions on the communication of information provided for in the Act respecting the protection of personal information in the private sector (chapter P‑39.1) and the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‑2.1), except those provided for in section 33 of the latter Act. It also applies despite any other communication restrictions under a law and any duty of confidentiality or loyalty that may be binding on the person, including toward an employer or, if applicable, a client.

However, the lifting of professional secrecy authorized under this section does not apply to professional secrecy between a lawyer or a notary and a client.

2016, c. 34, s. 8.

9. Any person may contact the Public Protector to obtain information about the possibility of making a disclosure in accordance with this Act, to obtain advice on the procedure for making a disclosure or to obtain the legal advice provided for in section 26.

2016, c. 34, s. 9.

CHAPTER III DISCLOSURES TO AND INVESTIGATIONS BY THE PUBLIC PROTECTOR

2016, c. 34, c. III.

10. A disclosure of wrongdoing is made to the Public Protector and diligently processed in accordance with the procedure the Public Protector determines. The procedure must, among other things,

(1)  provide for a written notice of receipt of the disclosed information to be sent to the person who made the disclosure, if that person’s identity is known;

(2)  specify the manner in which a disclosure is to be filed;

(3)  determine the time limits for processing a disclosure;

(4)  subject to sections 12.1 and 14, include all necessary measures to ensure that the identity of the person who makes a disclosure or cooperates in an audit or investigation conducted on the basis of a disclosure remains confidential;

(5)  include measures to protect the rights of the persons involved in a disclosure, in particular during an investigation; and

(6)  indicate the rights and recourses provided for in the Act respecting protection against reprisals related to the disclosure of wrongdoings (chapter P-33.01) and the time limits for exercising them.

For the purposes of subparagraph 3 of the first paragraph, the procedure must provide that the person who made the disclosure, if that person’s identity is known, is notified as soon as the processing of the disclosure has been completed. The Public Protector notifies the person who made the disclosure if its processing must continue beyond 60 days after the date on which it was received. The Public Protector must subsequently notify the person, every 90 days, that the processing of the disclosure is ongoing, until the Public Protector puts an end to it. The Public Protector sends such notices in writing.

The Public Protector sees to the dissemination of the procedure.

2016, c. 34, s. 10; 2018, c. 8, s. 165; 2024, c. 21, s. 18.

11. If the Public Protector receives a disclosure or has reasonable grounds to believe that a wrongdoing has been committed or is about to be committed, the Public Protector makes the verifications the Public Protector considers appropriate.

In addition, the Public Protector may conduct an investigation or designate any person to conduct an investigation on the Public Protector’s behalf. The Public Protector may, in writing, give a person who is not a member of the Public Protector’s personnel a mandate to examine a disclosure and, if applicable, conduct an investigation or any other specific mandate related to any of the Public Protector’s functions. The Public Protector may delegate the exercise of any of the Public Protector’s powers to such a person, provided that person agrees to be bound by confidentiality requirements equivalent to those that apply to the Public Protector’s personnel.

The public body concerned must cooperate with the Public Protector.

2016, c. 34, s. 11; 2024, c. 21, s. 19.

11.1. For the conduct of an investigation under this Act, the Public Protector, the Deputy Public Protectors and the public servants and employees of the Public Protector as well as the persons designated by the Public Protector in writing for that purpose are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

The provisions of articles 282, 283 and 285 of the Code of Civil Procedure (chapter C-25.01) apply, with the necessary modifications.

2024, c. 21, s. 20.

11.2. The Public Protector may prohibit a person from communicating any information related to an investigation to anyone except to the person’s lawyer.

2024, c. 21, s. 20.

12. At any time, the Public Protector must put an end to the processing of a disclosure if the alleged wrongdoing is the subject of court proceedings or relates to a decision rendered by a court.

In addition, the Public Protector puts an end to the examination of a disclosure if of the opinion, in particular,

(1)  that the subject-matter of the disclosure does not fall within the Public Protector’s mandate;

(2)  that the purpose of the disclosure is not in the public interest;

(3)  that the subject-matter of the disclosure questions the merits of the policies and program objectives of the Government or of a public body;

(4)  that the subject-matter of the disclosure questions the effectiveness, efficiency or merits of strategies, policy directions and operations related to the investment activities, fund management activities or debt management activities of the Caisse de dépôt et placement du Québec or Investissement Québec;

(4.1)  that the disclosure concerns a contravention of an Act or regulation regarding the tendering or awarding process for, or the performance of, a public contract described in the first paragraph of section 20 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1), except in the case of an alleged wrongdoing in relation to the Autorité des marchés publics;

(4.2)  that the disclosure falls within the inspector general’s oversight mandate provided for in section 57.1.8 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4);

(4.3)  that the disclosure concerns an ethics- or conduct-related violation covered by Division I of Chapter III of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1); or

(5)  that the disclosure is frivolous.

When putting an end to the processing or examination of a disclosure, the Public Protector sends a notice, with reasons, to the person who made the disclosure, if the person’s identity is known.

2016, c. 34, s. 12; 2017, c. 27, s. 189; 2018, c. 8, s. 166; 2022, c. 18, s. 117; 2024, c. 21, s. 21.

12.1. The Public Protector must put an end to the processing of a disclosure if the alleged wrongdoing exclusively concerns a public body referred to in paragraph 9.1 of section 2 and must forward the information concerning the disclosure to the Commission municipale du Québec.

However, if a disclosure concerns both a body referred to in paragraph 9.1 of section 2 and a body referred to in another paragraph of that section, the Public Protector and the Commission municipale du Québec must agree on the terms for processing the disclosure, unless the Commission or the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire is involved in the disclosure, in which case the Public Protector processes it alone.

The sending of information between the Commission municipale du Québec and the Public Protector that is required for the purposes of the first and second paragraphs must be carried out in accordance with the terms and conditions determined in an agreement.

2018, c. 8, s. 167; 2021, c. 31, s. 106.

13. In the case of an investigation, the Public Protector may, if the Public Protector considers it appropriate, inform the highest ranking administrative official of the public body concerned or, if warranted by the circumstances, the minister responsible for that body that an investigation is being conducted and advise him or her of its subject-matter.

In the case of a public body referred to in paragraph 9 of section 2, the Public Protector may, if the Public Protector deems it appropriate, inform the Minister of Families. The Public Protector may also, in the case of a public body, other than a local municipality, referred to in paragraph 9.1 of section 2, inform any local municipality having ties with that body if the Public Protector deems it appropriate.

For the purposes of this Act, the highest ranking administrative official is the official responsible for the day-to-day management of the public body, such as the deputy minister, the chair or the director general. However, in the case of a public body referred to in paragraph 5 of section 2, the highest ranking administrative official is the board of directors or, in the case of a school board, the council of commissioners. Such a board or council may delegate to the director general all or part of the functions conferred on the highest ranking administrative official.

2016, c. 34, s. 13; 2018, c. 8, s. 168.

13.1. The Public Protector may suspend the processing of a disclosure of a wrongdoing if the Public Protector ascertains, during an audit, that the wrongdoing is already known and that the situation is being addressed within the public body concerned; in such a case, the Public Protector so informs the highest ranking administrative official within that public body and the person who made the disclosure, if that person’s identity is known.

The highest ranking administrative official within the public body must inform the Public Protector of any corrective measure taken to remedy the situation.

If the Public Protector considers that the public body has taken satisfactory measures within a reasonable time, the Public Protector puts an end to the processing of the disclosure; if the Public Protector considers that the body has failed to do so, the Public Protector takes over the processing.

Despite the suspension of the processing of the disclosure, the Public Protector sends the notices provided for in the second paragraph of section 10 to the person who made the disclosure, if that person’s identity is known.

2024, c. 21, s. 22.

14. If the Public Protector considers that information disclosed to the Public Protector may be disclosed under section 26 of the Anti-Corruption Act (chapter L‑6.1), the Public Protector forwards the information, as soon as possible, to the Anti-Corruption Commissioner. The Public Protector also forwards the information necessary to prosecute an offence under an Act to a body responsible for the prevention, detection or repression of crime or statutory offences, including a police force or a professional order.

Likewise, if the Public Protector considers that the information disclosed to the Public Protector may be reported under section 19 of the Act respecting the National Student Ombudsman (chapter P-32.01), the Public Protector forwards the information, as soon as possible, to the competent regional student ombudsman.

Likewise, if the Public Protector considers that information disclosed to the Public Protector involves him or her or may be communicated under section 57.1.13 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4), section 20 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or section 56 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1), the Public Protector forwards the information as soon as possible to the Ethics Commissioner, the inspector general of Ville de Montréal, the Commission municipale du Québec or the Autorité des marchés publics, as applicable.

The Public Protector puts an end to the examination or processing of the disclosure, or continues it, according to the terms agreed to with the body to which the Public Protector has forwarded the information. However, if the disclosure involves the Public Protector, he or she must put an end to its examination or processing.

If the Public Protector considers it appropriate, the Public Protector notifies the person who made the disclosure that the information has been forwarded.

2016, c. 34, s. 14; 2018, c. 8, s. 169; 2024, c. 21, s. 23.

14.1. The forwarding of information by the Public Protector to a body in accordance with section 14 is carried out according to the terms and conditions determined in an agreement.

2017, c. 27, s. 191.

15. Once the audit or investigation has been concluded, the Public Protector reports the findings to the highest ranking administrative official of the public body concerned or, if warranted by the circumstances, to the minister responsible for that body. The Public Protector makes the recommendations the Public Protector considers appropriate and may ask to be informed, within a specified time, of the corrective measures taken to implement them.

However, in the case of a public body referred to in paragraph 9 of section 2, the Public Protector reports the Public Protector’s findings to the Minister of Families and, if warranted by the circumstances, to the board of directors of the public body concerned or to the natural person who is the holder of a day care centre permit.

In the case of a public body referred to in paragraph 9.1 of section 2, the Public Protector may, in addition to the communication provided for in the first paragraph and if warranted by the circumstances, report the findings and send the recommendations to the board of directors of the public body and to any local municipality having ties with that body if the latter is not a local municipality.

If the Public Protector considers it appropriate, the Public Protector may inform the person who made the disclosure of any follow-up given to the disclosure.

2016, c. 34, s. 15; 2018, c. 8, s. 170.

16. If, after making recommendations, the Public Protector considers that the public body has failed to take satisfactory measures within a reasonable time, the Public Protector must notify the minister responsible for that body in writing.

2016, c. 34, s. 16; 2024, c. 21, s. 24.

16.1. The Public Protector may, so as to remedy the consequences of wrongdoings, avoid the recurrence of wrongdoings or prevent them from being committed, call to the attention of a chief executive officer of a public body or to the attention of the Government such legislative, regulatory or administrative reforms as the Public Protector considers to be in the public interest.

2024, c. 21, s. 25.

16.2. The Deputy Public Protector for Public Integrity, appointed under section 4 of the Public Protector Act (chapter P-32), outlines in a report the information he or she considers appropriate concerning

(1)  any situation where, after informing the minister responsible for the public body concerned, he or she considers that the public body has failed to take satisfactory measures within a reasonable time;

(2)  any situation where he or she concludes that a wrongdoing has been committed; and

(3)  any situation where he or she concludes that no wrongdoing has been committed, if he or she considers it in the public interest.

The information referred to in the first paragraph refers to, for example,

(1)  the name of the public body concerned;

(2)  an indication of the period during which the wrongdoing was committed;

(3)  the recommendations that were made to the public body concerned;

(4)  a description of the follow-up given to those recommendations; and

(5)  any information that may help to prevent the commission of wrongdoings.

The Public Protector includes the report in the activity report referred to in section 28 of the Public Protector Act or, if the Public Protector considers it appropriate, sends the report to the National Assembly as a special report. The President of the National Assembly tables the special report before the Assembly within three days after receiving it or, if the Assembly is not sitting, within three days after resumption.

2024, c. 21, s. 25.

17. Once a year, the Deputy Public Protector for Public Integrity prepares a report specifying

(1)  the number of disclosures received;

(2)  the number of disclosures whose processing or examination was ended under section 12;

(3)  the number of undertaken, ongoing or concluded investigations;

(4)  the number of well-founded disclosures;

(5)  the number of disclosures broken down according to the categories of wrongdoings set out in the first paragraph of section 4;

(6)  the number of persons who were given access to legal advice;

(7)  the number of disclosures whose processing was suspended under section 13.1;

(8)  the number of disclosures referred to in subparagraph 7 whose processing was taken over by the Public Protector;

(8.1)  the number of disclosures referred to in subparagraph 7 whose processing was ended by the Public Protector;

(9)  the number of times information was forwarded under the first, second and third paragraphs of section 14; and

(10)  any recommendations the Public Protector deems appropriate.

The information referred to in subparagraphs 1, 2, 4, 5, 8.1 and 9 must be broken down according to the public body concerned, except for public bodies referred to in paragraph 9 or 9.1 of section 2 or those for which, in particular by reason of their size, doing so would not make it possible to preserve the confidentiality of the identity of a person who has disclosed information or cooperated in an audit or investigation conducted on the basis of a disclosure. The Public Protector must also report on whether the time limits for the processing of disclosures were complied with.

The Public Protector includes the report in his or her activity report.

2016, c. 34, s. 17; 2017, c. 27, s. 192; 2024, c. 21, s. 26.

17.0.1. The Public Protector may, if he or she considers it to be in the public interest, comment publicly on a report sent to the National Assembly as a special report or on an audit or an investigation conducted under this Act.

The Public Protector may also comment publicly on an audit or an investigation in progress if he or she considers it to be necessary in the public interest.

2024, c. 21, s. 27.

CHAPTER III.1 DISCLOSURES TO THE COMMISSION MUNICIPALE DU QUÉBEC

2018, c. 8, s. 171; 2021, c. 31, s. 107.

17.1. Disclosures concerning public bodies referred to in paragraph 9.1 of section 2 are processed by the Commission municipale du Québec in compliance with the rules set out in sections 10 to 15, with the necessary modifications.

The Commission municipale du Québec must notify the minister responsible for municipal affairs if, after making recommendations to a public body, it considers that the public body has failed to take satisfactory measures within a reasonable time.

The Commission municipale du Québec outlines, in a report it publishes by any means it considers appropriate, the information referred to in the first paragraph of section 16.2 that it considers appropriate.

2018, c. 8, s. 171; 2021, c. 31, s. 108; 2024, c. 21, s. 28.

17.2. The Commission municipale du Québec sends the information relating to a disclosure to the Public Protector for processing in either of the following cases:

(1)  the Commission considers that the disclosure does not pertain to the administration of a public body referred to in paragraph 9.1 of section 2; or

(2)  the Commission or the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire is involved in the disclosure.

If a disclosure concerns both a body referred to in paragraph 9.1 of section 2 and a body referred to in another paragraph of that section, the Commission municipale du Québec and the Public Protector must agree on the terms for processing the disclosure.

The sending of information between the Commission municipale du Québec and the Public Protector that is required for the purposes of the first and second paragraphs must be carried out in accordance with the terms and conditions determined by agreement.

2018, c. 8, s. 171; 2021, c. 31, s. 109; 2024, c. 21, s. 29.

CHAPTER III.2 FOLLOW-UP ON DISCLOSURES BY THE ETHICS COMMISSIONER

2024, c. 21, s. 30.

17.3. Disclosures involving the Public Protector are processed by the Ethics Commissioner in keeping with the rules provided for in sections 10 to 12, 13 to 15 and 17, with the necessary modifications.

The Ethics Commissioner outlines, in the activity report referred to in section 79 of the Code of ethics and conduct of the Members of the National Assembly (chapter C-23.1), the information referred to in the first paragraph of section 16.2 that he or she considers appropriate.

2024, c. 21, s. 30.

CHAPTER IV OBLIGATIONS OF CERTAIN PUBLIC BODIES

2016, c. 34, c. IV; 2024, c. 21, s. 31.

18. The highest ranking administrative official within a public body must see to the establishment of measures within the body to prevent wrongdoings, and reprisals or threats of reprisals in relation to a disclosure. For that purpose, the official must designate, within the body, a person in charge of ethics and integrity.

That obligation does not apply to the highest ranking administrative official within a body referred to in paragraph 9 or 9.1 of section 2.

2016, c. 34, s. 18; 2018, c. 8, s. 172; 2024, c. 21, s. 32.

19. The functions of the person in charge of ethics and integrity are

(1)  to coordinate and implement the measures to prevent wrongdoings, and reprisals or threats of reprisals;

(2)  to inform the members of the public body’s personnel about the possibility of making a disclosure and the protection against reprisals provided for in the Act respecting protection against reprisals related to the disclosure of wrongdoings (chapter P-33.01); and

(3)  to act as liaison officer when an audit or an investigation is conducted for the purposes of this Act and the Act respecting protection against reprisals related to the disclosure of wrongdoings.

2016, c. 34, s. 19; 2024, c. 21, s. 32.

20. (Replaced).

2016, c. 34, s. 20; 2024, c. 21, s. 32.

21. The person in charge of ethics and integrity is bound to confidentiality in exercising the functions of office and must, among other things, take the measures necessary to ensure that any information communicated to him or her remains confidential, including the identity of any person who contacts the person in charge of ethics and integrity to obtain information on the possibility of making a disclosure or on the protection against reprisals.

2016, c. 34, s. 21; 2024, c. 21, s. 33.

22. (Repealed).

2016, c. 34, s. 22; 2024, c. 21, s. 34.

23. (Repealed).

2016, c. 34, s. 23; 2024, c. 21, s. 34.

24. (Repealed).

2016, c. 34, s. 24; 2024, c. 21, s. 34.

25. (Repealed).

2016, c. 34, s. 25; 2024, c. 21, s. 34.

CHAPTER V LEGAL ADVICE

2016, c. 34, c. V.

26. The Public Protector provides access to legal advice to any person making or wishing to make a disclosure or cooperating in an audit or investigation conducted on the basis of a disclosure made under Chapters II to III.1 of this Act.

To be provided with such access to legal advice, a person must, in the Public Protector’s opinion, be in a special situation that warrants legal assistance, for example because of the nature of the person’s disclosure or of the person’s cooperation in an audit or investigation.

The Public Protector determines, in each case, the manner in and time for which access to legal advice is to be provided.

2016, c. 34, s. 26; 2024, c. 21, s. 35.

26.1. The Ethics Commissioner provides access to legal advice to any person making or wishing to make a disclosure involving the Public Protector or cooperating in an audit or investigation conducted on the basis of such a disclosure in accordance with the provisions of Chapter III.2 of this Act.

The second and third paragraphs of section 26 apply, with the necessary modifications.

2024, c. 21, s. 36.

CHAPTER VI POWERS AND IMMUNITY

2016, c. 34, c. VI.

26.2. The Public Protector exercises in private the functions of office assigned by this Act.

2024, c. 21, s. 37.

27. No judicial proceedings may be brought against the Public Protector, the Deputy Public Protectors, the public servants and employees of the Public Protector or the persons in charge of ethics and integrity for any act performed or omitted in good faith in the exercise of their functions.

2016, c. 34, s. 27; 2024, c. 21, s. 38.

28. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be brought nor any injunction granted against the Public Protector, the Deputy Public Protectors, the public servants and employees of the Public Protector or the persons in charge of ethics and integrity in the exercise of their functions.

2016, c. 34, s. 28; 2024, c. 21, s. 38.

29. A judge of the Court of Appeal may, on an application, summarily annul any decision, order or injunction made or granted contrary to section 27 or 28.

2016, c. 34, s. 29; 2018, c. 8, s. 173; 2021, c. 31, s. 110; 2024, c. 21, s. 38.

29.1. Despite any Act to the contrary, no one may be compelled to make a deposition relating to information obtained in the exercise of his or her functions as Public Protector or Deputy Public Protector, as public servant or employee of the Public Protector or as person in charge of ethics and integrity, nor to produce any document containing such information.

Despite sections 9, 83 and 89 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no one has a right of access to or of correction of such information.

2024, c. 21, s. 38.

CHAPTER VII PROTECTION AGAINST REPRISALS

2016, c. 34, c. VII.

30. Sections 26.2 to 29.1, 32 and 33.1 apply, with the necessary modifications, to the Ethics Commissioner and to the Commission municipale du Québec with regard to investigations they conduct and other acts they perform under this Act.

2016, c. 34, s. 30; 2024, c. 21, s. 39.

31. The Conseil du trésor may, by directive,

(1)  establish terms governing the designation of the persons in charge of ethics and integrity; and

(2)  specify the functions of the persons in charge of ethics and integrity and the terms and conditions governing the exercise of their functions.

Such a directive is binding on the public bodies concerned.

2016, c. 34, s. 31; 2024, c. 21, s. 39.

32. No civil action may be taken by reason or in consequence of the publication of a report of the Public Protector produced under this Act, or the publication, made in good faith, of an extract from or summary of such a report.

2016, c. 34, s. 32; 2018, c. 8, s. 174; 2021, c. 31, s. 111; 2024, c. 21, s. 39.

32.1. Any person who, in good faith, makes a disclosure or cooperates in an audit or investigation conducted on the basis of a disclosure incurs no civil liability for doing so.

2017, c. 27, s. 193.

CHAPTER VIII PENAL PROVISIONS

2016, c. 34, c. VIII.

33. Anyone who

(1)  discloses information under section 6 that they know to be false or misleading, or

(2)  contravenes a prohibition imposed under section 11.2

is liable to a fine of $5,000 to $30,000 in the case of a natural person and to a fine of $15,000 to $250,000 in other cases.

2016, c. 34, s. 33; 2017, c. 27, s. 194; 2022, c. 18, s. 118; 2024, c. 21, s. 40.

33.1. Anyone who, without being duly authorized, reveals information obtained in the exercise of his or her functions as Deputy Public Protector, as public servant or as employee of the Public Protector, is liable to a fine of $5,000 to $30,000.

2024, c. 21, s. 41.

34. Anyone who hinders or attempts to hinder the Public Protector, the Commission municipale du Québec or the Ethics Commissioner in the exercise of the functions of office, refuses to provide any information or a document they are required to provide or refuses to make it available, or conceals or destroys any document relevant to an audit or investigation is liable to a fine of $5,000 to $30,000 in the case of a natural person and to a fine of $15,000 to $100,000 in other cases.

2016, c. 34, s. 34; 2018, c. 8, s. 175; 2021, c. 31, s. 112; 2022, c. 18, s. 119; 2024, c. 21, s. 42.

35. Anyone, including a director or officer of a legal person or of an employer who, by an act or omission, helps a person to commit an offence under section 33, 33.1 or 34 or who, by encouragement, advice or consent or by an authorization or order, induces another person to commit such an offence is guilty of the same offence.

2016, c. 34, s. 35; 2024, c. 21, s. 43.

35.1. For a subsequent offence, the minimum and maximum fines prescribed in this Act are doubled.

2024, c. 21, s. 44.

35.2. Penal proceedings for an offence under this Act are prescribed three years after the date on which the prosecutor becomes aware of the commission of the offence. However, no proceedings may be instituted if more than seven years have passed since the date of the commission of the offence.

2024, c. 21, s. 44.

CHAPTER IX AMENDING PROVISIONS

2016, c. 34, c. IX.

TAX ADMINISTRATION ACT

36. (Amendment integrated into c. A-6.002, s. 69.0.0.16).

2016, c. 34, s. 36.

37. (Amendment integrated into c. A-6.002, s. 69.1).

2016, c. 34, s. 37.

38. (Amendment integrated into c. A-6.002, s. 69.3).

2016, c. 34, s. 38.

39. (Amendment integrated into c. A-6.002, s. 69.4.2).

2016, c. 34, s. 39.

40. (Amendment integrated into c. A-6.002, s. 69.6).

2016, c. 34, s. 40.

CHARTER OF VILLE DE MONTRÉAL

41. (Amendment integrated into c. C-11.4, s. 57.1.13).

2016, c. 34, s. 41.

ANTI-CORRUPTION ACT

42. (Amendment integrated into c. L-6.1, s. 27).

2016, c. 34, s. 42.

ACT RESPECTING LABOUR STANDARDS

43. (Amendment integrated into c. N-1.1, s. 3.1).

2016, c. 34, s. 43.

44. (Amendment integrated into c. N-1.1, s. 122).

2016, c. 34, s. 44.

45. (Amendment integrated into c. N-1.1, s. 140).

2016, c. 34, s. 45.

PUBLIC PROTECTOR ACT

46. (Amendment integrated into c. P-32, s. 11).

2016, c. 34, s. 46.

47. (Amendment integrated into c. P-32, s. 13).

2016, c. 34, s. 47.

EDUCATIONAL CHILDCARE ACT

48. (Amendment integrated into c. S-4.1.1, chapter VII.2).

2016, c. 34, s. 48.

49. (Amendment integrated into c. S-4.1.1, s. 109).

2016, c. 34, s. 49.

50. (Amendment integrated into c. S-4.1.1, s. 115.1).

2016, c. 34, s. 50.

51. (Amendment integrated into c. S-4.1.1, ss. 117.1, 117.2).

2016, c. 34, s. 51.

52. (Amendment integrated into c. S-4.1.1, ss. 118, 119).

2016, c. 34, s. 52.

CHAPTER X TRANSITIONAL AND FINAL PROVISIONS

2016, c. 34, c. X.

53. The new provisions of section 57.1.13 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4) and section 27 of the Anti-Corruption Act (chapter L-6.1), respectively enacted by sections 41 and 42 of this Act, are declaratory.

2016, c. 34, s. 53.

54. The Minister must, within three years after the coming into force of section 1, report to the Government on the implementation of this Act and on the advisability of maintaining or amending it. For that purpose, each public body must, on the Minister’s request, communicate to the Minister the number of disclosures received, the number of well-founded disclosures and the number of disclosures the processing of which was ended under paragraph 3 of section 22.

The report is tabled by the Minister in the National Assembly within 30 days or, if the Assembly is not sitting, within 30 days of resumption.

The report must be referred to the competent parliamentary committee for consideration within 15 days after its tabling in the National Assembly.

2016, c. 34, s. 54.

55. The minister who is Chair of the Conseil du trésor is responsible for the administration of this Act.

2016, c. 34, s. 55.

56. (Omitted).

2016, c. 34, s. 56.