Commissioner's and deputy commissioner's code of ethics and professional conduct

According to the Code of Ethics and Professional Conduct of the Commissioner and the Assistant Commissioner, the Commissioner and the Assistant Commissioner must, in the performance of their duties, respect the principles of ethics and the rules of professional conduct provided for by law, the Regulation respecting the ethics and professional conduct of public office holders (RLRQ, c M-30, r.1), the Code of Professional Conduct of Lawyers (RLRQ, c B-1, r. 3.1) and the Declaration on ethics in the public service.

In particular, they must carry out their duties in compliance with the law with honesty, loyalty, prudence, diligence, efficiency, fairness and impartiality.

The Commissioner and Deputy Commissioner shall make their decisions without distinction, exclusion or preference based on race, color, sex, pregnancy, sexual orientation, marital status, age except, to the extent provided by the law, religion, political convictions, language, ethnic or national origin, condition, handicap or the use of a means to compensate for this handicap and the hierarchical rank of the police officer.

They must neither study nor decide on a file representing or likely to represent a conflict of interest. The study and the decision in such a file must be denounced to the other who will then assume responsibility for the file.

On April 1 of each year, the Commissioner and the Deputy Commissioner must prepare a declaration of their financial interests which they must submit to the head of administration to be placed in their personal file.

The Commissioner and the Deputy Commissioner are required to keep the most absolute secrecy about what they learn during the study of the files entrusted to them in the application of the law. They can reveal and make known what they have learned only if the law prescribes it. This obligation of confidentiality remains even after they have ceased to perform their duties.

Public Service Act and Regulation Respecting Ethics and Discipline in the Public Service

Any person employed by the Commissaire à la déontologie policière is subject to several relevant obligations in the Public Service Act (RLRQ, c F-3.1.1) and the Regulation respecting ethics and discipline in the public service (RLRQ, c F-3.1.1, r. 3) :

• the obligation to be diligent;
• the requirement of competence;
• the obligation of hierarchical obedience;
• the obligation of loyalty and allegiance to constituted authority;
• the obligation of exclusivity of service;
• the obligation to treat citizens with necessities and diligence;
• the duty of secrecy;
• the obligation to demonstrate political neutrality and reserve;
• the obligation to act with honesty;
• the obligation to act impartially;
• the obligation to avoid any conflict of interest;
• post-employment rules.

Code of Ethics of Québec Police Officers

Adopted under section 35 of the Act respecting police organization (replaced by section 127 of the Police Act), the Code of Ethics of Quebec Police Officers (RRQ, P-13.1, r. 1) determines the duties and standards of conduct of any person subject to the Code in their dealings with the public while in the performance of their duties.

Police Act

The Police Act (Loi sur la police), which came into force on June 16, 2000, incorporated all the provisions of the Act respecting police organization relating to police ethics and of the Police Act (Loi de police).

Bill 14, An Act to amend various provisions relating to public security and to enact the Act to assist in locating missing persons 

On October 5, 2023, Bill 14, An Act to amend various provisions relating to public security and to enact the Act to assist in locating missing persons, received Royal Assent. This new bill notably amends the Police Act as follows regarding the police ethics system:

• The Commissaire à la déontologie policière is entrusted with a role of prevention and education for those subject to the Code of Ethics of Québec Police Officers.

• Filing a complaint is now restricted to the person present at the event, the person who is the object of the alleged police conduct, or their representative.

• Any other person may submit a report, anonymous or not, to the Commissaire.

• The Commissaire may now conduct an investigation on their initiative when it is brought to their attention that a person subject to the Code of Ethics of Québec Police Officers has breached a duty set out in the Code.

• Special measures have been put in place to deal with allegations of discriminatory conduct, notably the possibility for the complainant to refuse to participate in conciliation, and the Commissioner's obligation to conduct an investigation if need be.

• The name of the Comité de déontologie policière is changed to the Tribunal administratif de déontologie policière (Administrative Tribunal for Police Ethics).

• The sanctions of warning and blame that can be imposed by the Tribunal have been withdrawn.

• The Tribunal can now require the person who committed the derogatory act to successfully complete a training or refresher course.

• The power to appeal as of right from a decision of the Tribunal to the Court of Québec has been replaced by an appeal with leave to the Court of Québec.

Rules of Evidence, Procedure and Practice of the Tribunal administratif de déontologie policière

The Tribunal administratif de déontologie policière has adopted Rules of evidence, procedure and practice (RRQ, P-13.1, r. 2.1) whose purpose is to ensure the rapid and simple unfolding of the police ethics procedure, in respect for the principles of natural justice and equality of the parties. They relate, among other things, to:

• representation of the parties;
• the case list;
• postponements and adjournments;
• presentation of requests;
• pre-hearing conferences;
• subpoena of witnesses;
• the conduct of the hearing;
• the grounds for recusal;
• decisions and their rectification.

Regulation Respecting the Rate of Reimbursement by the Employer of Costs Connected with Conciliation or Investigations as Regards Police Ethics

This regulation (RLRQ c P-13.1, r. 8) concerns the rate of reimbursement by the employer of the costs related to a conciliation or an investigation in matters of police ethics.

Regulation Respecting Indemnities and Allowances Payable to Witnesses Summoned Before Courts of Justice

This regulation (RLRQ c C-25.01, r. 05) relates to reimbursements to which the citizen attending a police ethics hearing is entitled for:

• absence from home;
• sustenance;
• accomodation;
• transportation.

Regulation Respecting the Distribution of Information and the Protection of Personal Information

In accordance with the Regulation respecting the distribution of information and the protection of personal information (RLRQ c A-2.1, r. 2), the Commissaire à la déontologie policière is required to publish some documents on its website. This obligation notably allows the population to have quick access to these documents without having to engage in an access request process according to the law.

These documents are available in the Distribution of information section.