File a Complaint Against a Member of an Administrative Tribunal.

Who can file a complaint

Any person who is aware of conduct that appears to be inappropriate.

Time limit for filing a complaint

There is no time limit for filing a complaint.

However, the complaint will not be processed until the administrative judge has rendered a decision.

Individuals who may be subject of a complaint

Complaints may be filed against members of the following tribunals : 

• Tribunal administratif du Québec 
• Tribunal administratif du travail 
• Tribunal administratif des marchés financiers
• Tribunal administratif du logement 
• Bureau des présidents des conseils de discipline 

Admissible grounds for a complaint

A complaint must allege one or more instances of inappropriate conduct by an administrative judge.

Inappropriate conduct in the performance of duties(examples)

• Disrespectful remarks
• Providing legal advice to a party
• Unjustified postponement of a hearing
• Recusal without valid grounds
• Rendering a decision within an unreasonable delay
• Communicating with one party in the absence of the other party

Inappropriate conduct outside professional activities (examples)

• Failure to comply with the law, such as impaired driving
• Failure to meet financial obligations
• Using one's position to obtain a privilege
• Using tribunal resources for personal purposes
• Providing legal advice to acquaintances
• Performing functions other than those of an administrative judge, except where permitted by law
• Engaging in political activities

Non-admissible grounds for a complaint

The Conseil cannot intervene in the processing of a case before a tribunal or review a tribunal's decision. Therefore, a complaint cannot be used to obtain:

• A change of administrative judge
• Expedited processing of a case
• A new hearing
• Acceptance or rejection of evidence
• Correction of a clerical or typographical error in a decision
• Modification of an amount awarded or imposed
• Financial compensation

The Conseil cannot provide legal advice, represent you before an administrative tribunal, or award financial compensation.

If you wish to seek a review of a decision, it is recommended that you consult a legal advisor or a community legal assistance centre. 

Main Stages of the complaint handling process

Receipt of the complaint

The Conseil sends an acknowledgment of receipt to the complainant.

Once a complaint has been filed, it must be dealt with; it cannot be withdrawn by the complainant.

Review

The complaint is first subject to an admissibility review to determine whether an investigation should be initiated.

The meeting of the admissibility review committee is held in camera; neither the complainant nor the administrative judge may attend.

If the complaint is dismissed

The committee determines that the complaint is manifestly unfounded.

The Conseil notifies both the complainant and the administrative judge concerned of the decision.

The file is then closed.

If the complaint is found admissible

The committee declares the complaint admissible.

The Conseil informs the complainant and the administrative judge that an investigation will be conducted.

Investigation

The Conseil establishes an inquiry committee responsible for determining whether there has been a breach of judicial ethics.

The investigation is not a trial; the complainant and the administrative judge participate as witnesses.

The committee may conduct its own inquiries.

The complainant and the administrative judge may submit documents or information.

The committee may question any person, either on its own initiative or at the request of a party.

It has the powers of commissioners appointed under the Act Respecting Public Inquiry Commissions, except for the power to order imprisonment.

Inquiry report

The inquiry committee prepares a report. If the complaint is found to be well-founded, it recommends one of the following sanctions:

• Reprimand
• Suspension
• Removal from office 

The committee submits its report to the Conseil, which forwards a copy to the complainant and the administrative judge concerned.

You may file a complaint directly with the Conseil through its website by completing the online complaint form.

Remplir le formulaire de plainte (Available in French only)

The term “administrative judge” used on this website refers to the members of the administrative tribunals listed above, as well as the special clerks of the Tribunal administratif du logement and the Presidents of the Bureau des présidents des conseils de discipline.