T-15.01 - Act respecting the Administrative Housing Tribunal

Section 8.4 Disposition versions

2020-08-31

8.4. The Conseil, when examining a complaint against a member, shall act in accordance with sections 184 to 192 of the Act respecting administrative justice (chapter J-3), adapted as required.

However, where the Conseil, for the purposes of section 186 of the said Act, forms an inquiry committee, two members of the committee shall be chosen from among the members of the Conseil referred to in paragraphs 1 to 6 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 chairman is a member of the Conseil. The third member of the inquiry committee shall be the member of the Conseil referred to in paragraph 8 of that section or shall be chosen from a list drawn up by the chairman of the Tribunal, after consulting all the members of the Tribunal. In the latter case if the inquiry committee finds the complaint to be justified, the third member shall take part in the deliberations of the Conseil for the purpose of determining a penalty.

1997, c. 43, s. 605; 2002, c. 22, s. 38; 2019, c. 28, s. 158.

2002-06-13

8.4. The Conseil, when examining a complaint against a commissioner, shall act in accordance with sections 184 to 192 of the Act respecting administrative justice (chapter J-3), adapted as required.

However, where the Conseil, for the purposes of section 186 of the said Act, forms an inquiry committee, two members of the committee shall be chosen from among the members of the Conseil referred to in paragraphs 1 to 6 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 chairman is a member of the Conseil. The third member of the inquiry committee shall be the member of the Conseil referred to in paragraph 8 of that section or shall be chosen from a list drawn up by the chairman of the board, after consulting all the commissioners of the board. In the latter case if the inquiry committee finds the complaint to be justified, the third member shall take part in the deliberations of the Conseil for the purpose of determining a penalty.

1997, c. 43, s. 605; 2002, c. 22, s. 38.

1999-04-01

8.4. The Conseil, when examining a complaint against a commissioner, shall act in accordance with sections 184 to 192 of the Act respecting administrative justice (chapter J-3), adapted as required.

However, where the Conseil, for the purposes of section 186 of the said Act, forms an inquiry committee, the committee shall be composed of one commissioner chosen by the Conseil from a list established by the chairman of the board after consultation with the meeting of the commissioners and of two other members chosen from among the members of the Conseil, one of whom shall neither practise a legal profession nor be a member of the Tribunal. The commissioner or, where he is unable to act, another member of the board chosen in the same manner shall also take part in the deliberations of the Conseil for the carrying out of section 192 of the said Act.

1997, c. 43, s. 605.