T-15.1 - Act to establish the Administrative Labour Tribunal

Section 74 Disposition versions

2016-01-01

74. The Government may dismiss a Tribunal member if the Conseil de la justice administrative so recommends, following an inquiry into a complaint for a breach of the code of ethics, of a duty under this Act or of the requirements relating to conflicts of interest or incompatible functions. It may also suspend or reprimand the member.

The complaint must be in writing, briefly state the grounds on which it is based and be sent to the seat of the council.

When examining a complaint brought against a Tribunal member, the council must act in accordance with sections 184 to 192 of the Act respecting administrative justice (chapter J-3), with the necessary modifications.

However, if the council forms an inquiry committee for the purposes of section 186 of that Act, two committee members, at least one of whom neither practises a legal profession nor is a member of a body of the Administration whose president or chair is a member of the council, must be chosen from among the council members referred to in paragraphs 1, 2 and 7 to 9 of section 167 of that Act. The third member of the inquiry committee is the council member referred to in paragraph 4 of that section or is chosen from a list drawn up by the president of the Tribunal, after consultation with all the members of the Tribunal. In the latter case, if the inquiry committee finds the complaint to be justified, the third member takes part in the deliberations of the council for the purpose of determining a penalty.

2015, c. 15, s. 74.