Persons who may file a complaint
Any person who has knowledge of behaviour that he or she considers inappropriate on the part of an administrative judge.
Time limit for filing a complaint
There is no time limit to file a complaint.
Persons who may be the subject of a complaint
Judges of the Tribunal administratif du Québec, the Tribunal administratif du travail and the Tribunal administratif des marchés financiers.
Commissioners and special clerks of the Tribunal administratif du logement.
Chairpersons of the Bureau des présidents des conseils de discipline.
Persons who cannot be the subject of a complaint to the Conseil
A Court of Québec or municipal court judge
Conseil de la magistrature du Québec
A Superior Court or Court of Appeal of Québec judge
Canadian Judicial Council
Syndic du Barreau du Québec
Any other person
Bureau des plaintes des ministères et organismes
Commission des droits de la personne et des droits de la jeunesse
For more information, the Centres de justice de proximité can be contacted at: www.justicedeproximité.qc.ca.
Reasons for filing a complaint
A complaint must concern one or more breaches of the ethical obligations of an administrative judge in the performance of his or her duties. Such a breach may, for example, relate to the judge's behavior towards the parties and the handling of the file. A breach may also relate to the judge’s conduct in the community.
Alleged breaches in the performance of duties may, for example, relate to the following issues:
- abuse of authority in the conduct of a hearing, such as refusing or granting a postponement without valid reasons
- a decision rendered on an issue that has not been submitted to the tribunal by the parties
- a decision rendered within an inappropriate time frame
- exchange with one party in the absence of the other
- failure to comply with the duty to provide assistance or failure to respect the limits of that duty
Such breaches may also relate to the judge's conduct in the community:
- failing to comply with the law, such as driving under the influence of alcohol or failing to meet financial commitments
- invoking one' s status to obtain a privilege
- providing legal opinions
- publicly targeting a citizen
- performing duties other than those of a judge or engaging in activities incompatible with those duties
Reasons that cannot be the subject of a complaint
The Conseil is not a tribunal; it cannot review the decisions of the tribunals under its jurisdiction. A complaint filed with the Conseil cannot change the conclusions of these decisions.
Thus, a complaint concerning the review of a decision will be deemed inadmissible since it does not refer to a breach of ethics. A complaint relating to one of the following reasons will therefore be dismissed:
- the correction of a clerical error in the drafting of a decision
- the holding of a new hearing
- obtaining additional compensation
- changing the amount granted or imposed
- reopening of the investigation
- the enforcement or interpretation of the law
- evidence accepted or refused
If you wish to have a decision reviewed, it is suggested that you consult a legal adviser in order to be informed about possible remedies.
The Conseil may not grant any financial compensation or intervene with the organizations to replace the administrative judge assigned to the file.