400. The Government may also dismiss a member if the Conseil de la justice administrative so recommends, after an inquiry following a complaint concerning a failure to observe the code of ethics, to perform the duties imposed by this chapter or to comply with the requirements relating to conflict of interest or incompatible offices. It may also suspend or reprimand the member.
A complaint must be in writing and must set out briefly the grounds on which it is based. The complaint is sent to the seat of the Conseil de la justice administrative.
The Conseil shall, when examining a complaint brought against a member, act in accordance with the provisions of 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 member chosen by the Conseil from a list established by the president 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 practice a legal profession nor be a member of the Administrative Tribunal of Québec. The member of the board 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.
1985, c. 6, s. 400; 1997, c. 27, s. 24; 1997, c. 43, s. 12.