Ethics and Code of Conduct

As the Environmental and Social Impact Review Committee (the Review Committee – COMEX) is a public body, its members are deemed to be holders of public office. In the performance of their duties, Review Committee members are required to respect the ethical principles and code of conduct set out in the Regulation respecting the ethics and professional conduct of public office holders, as well as the code of ethics and conduct adopted by the Review Committee. In case of discrepancy between the texts, the more stringent rules and principles apply. The Déclaration de valeurs de l’administration publique québécoise also guides members in the performance of their duties.

You will find below the code of ethics that each member of the Environmental and Social Impact Review Committee has signed. This code was adopted On March 20, 2015. The code is also available in PDF format in the “documents” section.

 

CODE OF ETHICS AND PROFESSIONAL CONDUCT
OF THE MEMBERS OF THE REVIEW COMMITTEE (COMEX)
CREATED BY VIRTUE OF SECTION 22.6.1 OF THE
JAMES BAY AND NORTHERN QUEBEC AGREEMENT

Preamble

Ethics has been defined as the “science of morals” or the “art of guiding conduct.” Ethics is designed to help up judge the appropriateness of our behaviour. Basically, there are two sources that influence our attitudes, choices, decisions and actions. The first is made up of values, such as honesty, respect and fairness. These values are conveyed by family, friends, religion, teachers, employers, etc. The second source refers to the rules that govern conduct; they make up a component of ethics known as “deontology.” Professional codes of ethics are an example. (Annual Report of the Auditor General of Quebec to the National Assembly for the year 2000-2001, Volume I, Chapter 3: item 3.11)

WHEREAS, pursuant to Article 4 of the Auditor General Act (Chapter V05.01) a “government agency” is recognized as:

“any agency […] which is instituted by or in accordance with an Act […] and which meets one of the following conditions:

(3) the Government or a minister appoints at least half of its members or directors, and at least half of its operating expenses are borne directly or indirectly by the consolidated revenue fund or by other funds administered by a public body, or by both at the same time.”

WHEREAS the Review Committee is a body that was established under Section 148 of the Environment Quality Act and subsection 22.6.1 of the James Bay and Northern Quebec Agreement;

WHEREAS Article 151 of the Act and Section 22.6.2 of the Agreement provide that the government of Quebec names 3 of the 5 members that make up the Review Committee, including the Chairman;

WHEREAS Section 22.6.3 of the Agreement provides that the government of Quebec provides sufficient staff to fulfill its function and this staff is maintained and funded by Quebec;

WHEREAS subsection 1 of section 3.0.1 of the Act respecting the Ministère du Conseil Exécutif (C.Q.L.R. c M-30) recognizes as “public office holders”:

“the members of the board of directors of, and members of, a government agency within the meaning of the Auditor General Act (chapter V-5.01) […].”

WHEREAS the Regulation respecting the ethics and professional conduct of public office holders (C.Q.L.R., c. M-30) requires that, from September 1 1999 forward, the members of the board of directors of, and members of a government agency must adopt a code of ethics and professional conduct;

WHEREAS under section 3.0.1 of the Act respecting the Ministère du Conseil Exécutif, a person already governed by standards of ethics or professional conduct under the Public Service Act (chapter F-3.1.1) shall, in addition, be subject to the standards prescribed under this division where that person’s position is that of a public office holder. In case of discrepancy, the more stringent rules and principles apply.

WHEREAS sections 3.0.2 and 3.0.3 of the Act respecting the Ministère du Conseil Exécutif require that a government agency must ensure public access to the code and publish it in full in its annual report. In addition, the annual report shall state the number of cases dealt with and the follow-up thereon and set out any breaches determined during the year by the disciplinary authorities, the determination thereof, any penalties imposed by the competent authorities and the names of any public office holders revoked or suspended during the year.

THEREFORE, the Review Committee has decided to adopt a code of ethics and professional conduct for its members.

 

CHAPTER 1

PURPOSE AND SCOPE

1. The purpose of this code of ethics and professional conduct is to preserve and strengthen the confidence of the public in the integrity and impartiality of the Review Committee, to promote transparency within the Committee and to ensure the accountability of its members.

2. This code of ethics and professional conduct applies to the members of the Review Committee who are appointed by the Government of Quebec, including the chairperson, as well as to the members who are appointed by the Cree Regional Authority.

3. The staff of the Review Committee, who are supplied and paid by the Government of Quebec under subsection 22.6.3 of the James Bay and Northern Quebec Agreement, must observe the same ethical standards and code of conduct as the members.

 

CHAPTER II

ETHICAL PRINCIPLES AND GENERAL RULES OF PROFESSIONAL CONDUCT

4. Members must carry out the mandate of the Review Committee with respect for the law, and with honesty, loyalty, rigor, caution, diligence, efficiency, assiduity and fairness.

5. Committee members are required, in the performance of their duties, to respect the ethical principles and general rules of conduct set forth in this code of ethics and professional conduct. A Committee member who is also governed by other standards of ethics or professional conduct is also subject to this code of ethics and conduct. In case of discrepancy, the more stringent principles and rules shall apply.

In case of doubt, members of the Committee shall act in the spirit of these principles and rules. Moreover, they must organize their personal affairs in such a way so as not to interfere with the performance of their duties.

6. Committee members are required to exercise discretion with regard to information that comes to their attention in the course of or in connection with the performance of their duties, and shall at all times respect the confidentiality of information thus received. Members must also respect for a 45-period the confidentiality of the documents that are sent to the provincial Administrator or to local environment administrators. The concerned Administrator can, within this deadline, ask for an extension of the time limit of thirty days.

7. The Committee member shall exercise restraint in the public expression of political opinion.

8. The Committee member shall avoid placing himself in a situation of conflict between his personal interest and the duties of his office.

A committee member shall disclose in writing to the Executive Secretary of the Committee, who in turn will inform members, of any direct or indirect interest he has in an organization, enterprise or association liable to place him in a situation of conflict of interest, in addition to the rights he can present against the Committee, by indicating, if applicable, their nature and their value. An indirect conflict of interest can occur in cases where a member can receive some sort of benefit in a roundabout way, such as through his children or an enterprise in which he holds shares.

The organizations, enterprises or associations referred to in the preceding paragraph do not include the organizations of associations that represent the Cree Nation (Eeyou Istchee).

The Executive Secretary is in charge of gathering and conserving declarations from all Committee members.

In the case of a member appointed by the Cree Regional Authority, the former must also reveal this information to the Cree Regional Authority.

9. The Committee member must inform the Executive Secretary in writing of any contracts or research projects he is participating in and declare the subsidies obtained from any organization, enterprise or association.

The Executive Secretary is in charge of gathering and conserving declarations from all Committee members.

In the case of a member appointed by the Cree Regional Authority, the former must also reveal this information to the Cree Regional Authority.

10. The Committee member must abstain from participating in any deliberation or decision involving any organization, enterprise or association in which he has an interest as set out in Articles 8 and 9. Furthermore, he must withdraw from the meeting during the length of the deliberations and vote on this question.

11. The chairman of the Committee ensures that the minutes of the meetings of the Committee mention any abstention of one of its members from the decisions concerning any organization, association or enterprise in which he has an interest, for the purpose of transparency.

12. The Committee member must not mistake Committee property for his own and cannot use it to the advantage of himself or a third party.

13. The Committee member cannot use any information obtained in or during the performance of his duties to the benefit of himself or a third party.

14. The obligations set out in Articles 6, 7 and 13 do not have the effect of preventing a representative of the Cree Regional Authority from consulting or reporting to it, or of consulting or reporting to members of the Cree Nation (Eeyou Istchee) or the organizations or associations that represent it, unless the information is confidential under the law and that such confidentiality is in accordance with the provisions of the James Bay and Northern Quebec Agreement.

15. A Committee member is allowed to accept and keep a gift, or accept a token of hospitality or other benefit as long as the present is of modest use and value and is offered during an event attended by the recipient.

Any other gift, token of hospitality or benefit received must be returned to the donor or the government.

16. A Committee member cannot, either directly or indirectly, grant, solicit or accept any undue favour or benefit for himself or a third party.

17. The Committee member must not allow himself to be influenced in his decision making by outside considerations such as the possibility of an appointment or job openings and offers.

18. The Committee member who has ceased to hold office must behave in a manner in which he does not gain any undue benefits from his previous Committee duties.

19. The Committee member who has ceased to hold office must not disclose confidential information he has received nor give anyone advice based on information unavailable to the public concerning the Committee or another organization or enterprise with which it had important and direct relations during the year preceding the end of his mandate.

The Committee member who has ceased to hold office but remains with the party that appointed him, in the context of his dealings with this party will have the right to inform it, in order to ensure good governance.

20. The chairman of the Committee must ensure the respect of ethical principles and the rules of professional conduct among Committee members.

 

CHAPTER III

POLITICAL ACTIVITIES

21. The Committee member intending to present his candidacy for elective office must inform the Secretary General of the Conseil exécutif.

22. A Committee member who stands as a candidate for public office shall resign from his position.

 

CHAPTER IV

REMUNERATION

23. In consideration of the performance of his duties, the Committee member is entitled solely to the remuneration related to said duties according to the provisions stipulated in subsection 22.6.2 of the James Bay and Northern Quebec Agreement, and in the case of a member appointed by the Government of Quebec, in compliance with the order in force. A Committee member can receive other remuneration for the performance of duties other than those related to the Committee.

 

CHAPTER V

CERTIFICATION

The Committee member must observe the rules and principles set out in this code. At the time of his appointment, the member must sign the Certification document produced in the Appendix confirming that he has read and understands the code and undertakes to respect it. Committee members already in office must sign the code within 60 days of its coming into effect.

 

CHAPTER VI

EFFECTIVE DATE

24. This code of ethics and professional conduct for the members of the Review Committee, along with the here-attached certification form, was adopted at the committee meeting of March 20, 2015 and came into effect on March 20, 2015.