C-26 - Professional Code

Section 115.11 Disposition versions

2018-02-01

115.11. The Government may dismiss, suspend or reprimand a disciplinary council chair if the Conseil de la justice administrative so recommends, after an inquiry into a complaint for breach of the code of ethics adopted under section 117.2.

A complaint must be in writing and briefly set out the grounds on which it is based. The complaint is sent to the seat of the Conseil.

The Conseil shall, when examining a complaint brought against a disciplinary council chair, act in accordance with the provisions of sections 184 to 192 of the Act respecting administrative justice (chapter J-3), with the necessary modifications.

However, when the Conseil forms an inquiry committee under section 186 of the Act respecting administrative justice, two inquiry committee members are chosen from among the members of the Conseil referred to in paragraphs 1 to 8 and 9 of section 167 of that Act, at least one of whom shall neither practise a legal profession nor be a member of a body of the Administration whose president or chair is a member of the Conseil. The third inquiry committee member is the member of the Conseil referred to in paragraph 8.2 of that section or is chosen from a list drawn up by the senior chair of the Bureau des présidents des conseils de discipline after consulting all the disciplinary council chairs. In the latter case, if the inquiry committee finds the complaint to be justified, the third member takes part in the deliberations of the Conseil for the purpose of determining a penalty.

2015, c. 26, s. 20.