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D-11.1 - Act to facilitate the disclosure of wrongdoings relating to public bodies
Section 12
Disposition versions
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 disclosure is made for personal purposes and 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.
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 disclosure is made for personal purposes and 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) ;
(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.
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 disclosure is made for personal purposes and 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;
In force: 2019-05-25
(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);(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.
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 disclosure is made for personal purposes and 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; 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.
In force: 2017-05-01
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 disclosure is made for personal purposes and 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; 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.
