C-27, r. 2 - Code of ethics of commissioners of the Commission des relations du travail

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter C-27, r. 2

Code of ethics of commissioners of the Commission des relations du travail

Labour Code

(chapter C-27, ss. 137.33 and 137.34).

From 1 January 2016, the Administrative Labour Tribunal replaces the Commission des relations du travail (S.Q. 2015, c. 15, s. 255)

Until a code of ethics applicable to the members of the Administrative Labour Tribunal is established under section 67, members of the Tribunal must abide by the code of ethics that applied to them within the body they came from. (S.Q. 2015, c. 15, s. 268)

DIVISION I GENERAL

1. The purpose of this Code is to ensure and promote public trust in the integrity and impartiality of the Commission des relations du travail by favouring high standards of conduct for its commissioners.

O.C. 575-2007, s. 1.

2. Commissioners must render justice within the framework of the applicable rules of law.

O.C. 575-2007, s. 2.

DIVISION II RULES OF CONDUCT AND DUTIES OF COMMISSIONERS

3. Commissioners must perform their duties with care, dignity and integrity, keeping in mind that accessibility and promptness are important values of the Commission.

O.C. 575-2007, s. 3.

4. Commissioners must take the measures required to maintain and upgrade the knowledge and skills necessary to perform their duties.

O.C. 575-2007, s. 4.

5. Commissioners must make themselves available to discharge their duties conscientiously and diligently.

O.C. 575-2007, s. 5.

6. Commissioners must be overtly objective and impartial.

O.C. 575-2007, s. 6.

7. Commissioners must act in a respectful and courteous manner towards persons appearing before them, without any discrimination, while exercising the authority necessary for the proper conduct of the hearing.

O.C. 575-2007, s. 7.

8. Commissioners must perform their duties with complete independence, free of any interference.

O.C. 575-2007, s. 8.

9. Commissioners must uphold the integrity of their office and defend its independence in the best interests of justice.

O.C. 575-2007, s. 9.

10. Commissioners are bound by discretion regarding any matter brought to their knowledge in the performance of their duties and must refrain from disclosing any information of a confidential nature.

O.C. 575-2007, s. 10.

11. Commissioners are bound by deliberative secrecy.

O.C. 575-2007, s. 11.

12. Commissioners must act with reserve and prudence in public.

O.C. 575-2007, s. 12.

DIVISION III SITUATIONS AND ACTIVITIES INCOMPATIBLE WITH THE PERFORMANCE OF DUTIES

13. Commissioners must be politically neutral and not engage in any activity or partisan political participation at the federal, provincial, municipal or school level.

O.C. 575-2007, s. 13.

14. Commissioners must refrain from pursuing an activity or placing themselves in a situation likely to undermine the dignity of their office or discredit the Commission.

O.C. 575-2007, s. 14.

15. Commissioners must refrain from becoming involved in any cause or participating in any lobby whose objectives or activities are related to matters that come within the jurisdiction of the Commission.

O.C. 575-2007, s. 15.

16. The following are incompatible with the performance of a commissioner’s duties:

(1)  soliciting or collecting donations, except in the case of community, school, religious or family activities that do not compromise other duties imposed by this Code, or associating the status of commissioner to those activities; and

(2)  taking part in charities or organizations likely to be involved in matters before the Commission.

O.C. 575-2007, s. 16.

DIVISION IV ACTIVITIES PERMITTED

17. Full-time commissioners may exercise functions in relation to their professional competence without charge insofar as the functions do not compromise their impartiality or the effective performance of their duties. They must so inform the president.

O.C. 575-2007, s. 17.

DIVISION V PART-TIME COMMISSIONERS

18. Part-time commissioners may not act as the attorney or representative of a party before the Commission or a body whose decisions may be contested before or revised by the Commission. In addition, part-time commissioners may not give legal advice in fields within the jurisdiction of the Commission, insofar as their impartiality or the effective performance of their duties could be compromised.

O.C. 575-2007, s. 18.

19. (Omitted).

O.C. 575-2007, s. 19.

REFERENCES

O.C. 575-2007, 2007 G.O. 2, 1951