E-15.1.0.1 - Municipal Ethics and Good Conduct Act

Section 20 Disposition versions

2018-11-30

20. Any person may communicate information to the Commission municipale du Québec concerning a violation of a code of ethics and conduct applicable to a member of a council of a municipality.

The first paragraph applies despite the provisions of 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) that concern the release or communication of information, except 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 a 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.

The Commission must take all necessary measures to protect the identity of persons who have communicated information to it confidentially under the first paragraph.

2010, c. 27, s. 20; 2016, c. 17, s. 103; 2018, c. 8, s. 179.

2016-09-30

20. Any person who has reasonable grounds for believing that a member of a council of a municipality has violated a rule of the applicable code of ethics and conduct may raise the matter with the Commission municipale du Québec not later than within three years after the end of the member’s term.

The person must do so by means of a request which, to be complete, must be made in writing and under oath, contain reasons and include any supporting documents.

The Commission has 15 working days to carry out a preliminary examination of the request, once it is complete. If the preliminary examination is still underway after that time has expired, the Commission so informs the person who made the request.

2010, c. 27, s. 20; 2016, c. 17, s. 103.

2010-12-02

20. Any person who has reasonable grounds for believing that a member of a council of a municipality has violated a rule of the applicable code of ethics and conduct may raise the matter with the Minister not later than within three years after the end of the member’s term.

The person must do so by means of a request which, to be complete, must be made in writing and under oath, contain reasons and include any supporting documents.

The Minister has 15 working days to carry out a preliminary examination of the request, once it is complete. If the preliminary examination is still underway after that time has expired, the Minister so informs the person who made the request.

2010, c. 27, s. 20.