CODES OF CONDUCT - QUEBEC
principles, the Code enacts specific rules of conduct applicable to all Parliamentarians. To begin with, it sets out rules on
the incompatibility of different offices and posts. Hence, a Member may not also
be a mayor or municipal councillor or an employee of the government, a foreign country or an international non-profit organization. Newly elected Members must resign from any incompatible office or post before taking the oath of office. Members are also prohibited from acting as lobbyists within the meaning of the Lobbying Transparency and Ethics Act.4
Second, the Code sets out
“...we may safely assume that the more the Members’ conduct is seen to be exemplary, the more the public will be inclined to find them trustworthy.”
conflict-of-interest rules. Members may not place themselves in situations where their private interest or that of their families may impair their independence of judgement in carrying out their duties of office. They are not allowed to communicate information obtained in the course of their duties to further their own or another person’s private interests. Nor may they be a party to a contract with the government or engage in acts of favouritism. They are required to declare any private financial interest bearing a connection to a matter being discussed in the Assembly, and abstain from debating or voting on that matter. Finally, they may not receive remuneration or any other benefit from a political party, except a reimbursement for reasonable expenses incurred in the course of a partisan activity. Third, the Code stipulates that
Members may not accept any gifts or other benefits in exchange for speaking or taking a certain position on an issue. They must also refuse to accept gifts that may impair their independence of judgement or compromise their integrity. Members are entirely free to
dispose of their time as they wish in carrying out their duties, but the Code requires them to maintain a good attendance record and not be absent from sittings for an unreasonable length of time without a valid reason. Cabinet Ministers are subject to
special restrictions. Since Ministers are required to devote themselves exclusively to the duties of their office, they may not simultaneously sit on a board of directors or be a director of a business or association. Once their term of office has ended, former Cabinet Ministers are subject to strict post-term rules. They must conduct themselves in such a way as to avoid obtaining undue benefit from their prior office, and must refrain from disclosing confidential information obtained in connection with that office. In addition, they may not accept an appointment or job with a business, body or agency, other than a State entity, with which they had official, direct and significant dealings in the year before they left Cabinet.
Implementation and monitoring mechanisms An Ethics Commissioner is responsible for the administration of the Code. As is the case for the other Officers of the National Assembly, such as the Auditor General and the Chief Electoral Officer,5
the Ethics
Commissioner answers directly to the Assembly. To ensure the Commissioner’s independence and freedom from political influence, he or she is appointed on the joint recommendation of the Premier and the Leader of the Official Opposition, after consultation with the leaders of the other parties represented in the Assembly. The appointment must be approved by a two-thirds majority in the House.6
year term may be renewed. 38 | The Parliamentarian | 2014: Issue One
The Commissioner may
be seen as the caretaker of Parliamentarians’ ethical concerns. Specific rules of ethics also apply to the Commissioner, who must carry out their duties exclusively, with a focus on information and prevention, confidentiality, objectivity and impartiality. Like private Members and Ministers, the Commissioner is required to make and publish an annual disclosure statement. The Commissioner’s role
The Commissioner’s five-
is multifold. Beyond answering Members’ requests for advisory opinions on matters of ethics and conduct, the Commissioner has the power to conduct inquiries if they have
reasonable grounds for believing that a Member has violated the Code. Such inquiries may be conducted on the Commissioner’s own initiative or at the request of another Member. The Commissioner’s inquiry reports are tabled by the President of the National Assembly. The Assembly, by a vote of its
Members, ultimately rules on whether the sanctions recommended by the Commissioner will be applied. Possible sanctions range from a simple reprimand to the loss of a Member’s seat or dismissal from Cabinet. While the draft code was being studied, the Members came out
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