Anti-Corruption Act (chapter L-6.1).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The purpose of this Act is to strengthen actions to prevent and to fight corruption in the public sector, including in contractual matters, and to enhance public confidence in the public procurement process and public institutions.
Under the Act a “wrongdoing” means: 1) a contravention of a federal or a Québec law or of a regulation made under such a law, if the contravention pertains to corruption, breach of trust, malfeasance, collusion, fraud or influence peddling in, for example, awarding, obtaining or performing contracts granted, in the exercise of their functions, by a body or a person belonging to the public sector, or in the administration of justice or the granting of rights and privileges, such as an authorization, an appointment or a subsidy, by a body or a person belonging to the public sector; 1.1) a contravention of any of sections 27.5 to 27.11 and 27.13 of the Act respecting contracting by public bodies (chapter C-65.1); 2) a misuse of public funds or public property or a gross mismanagement of contracts within the public sector; or 3) directing or counselling a person to commit a wrongdoing described in paragraph 1, 1.1 or 2.
The Act establishes the office of Anti-Corruption Commissioner as well as the mission, appointment, dismissal, suspension, functions and powers. The mission of the Commissioner is to ensure, on behalf of the State, the coordination of actions to prevent and to fight corruption in the public sector, including in contractual matters. The Commissioner has the following functions: (1) to receive, record and examine disclosures of wrongdoings; (2) to act as director of the anti-corruption police force; (3) to order investigations; (4) to make recommendations to the Chair of the Conseil du trésor and to the Minister of Municipal Affairs, Regions and Land Occupancy concerning any measure with respect to the awarding of contracts; (5) to make recommendations to the Minister and other public sector representatives on any measure to prevent and to fight corruption; and (6) to assume an educative and preventive role in the fight against corruption. The Commissioner is covered by immunity in the exercise of its functions for any act and omission committed in good faith, moreover has specific reporting duties to the public and to the Minister.
To support the Commissioner the Government may appoints Associate Commissioners for Audits, and for Investigations. The specialized anti-corruption police force (section 8.4) is composed by the Commissioner, the Associate Commissioner for Investigations, the Associate Commissioners for Audits; and the members of the Commissioner’s personnel appointed in accordance with section 12. The police force formed under section 8.4 and the teams or units designated by the Government form the Unité Permanente Anticorruption.
Chapter III sets a procedure to facilitate the disclosure of wrongdoing disclosure mechanism indicating to the Commissioner granting protection against reprisals.
The Act also establishes the Unité Permanente Anticorruption Oversight Committee with the mandate to give opinion on the administration of penal and criminal investigations conducted by the Unité permanente anticorruption; on the follow-up given to disclosures of wrongdoings received by the Anti-Corruption Commissioner; on the Anti-Corruption Commissioner’s annual management report, among others. The Act also provides regulation for its composition and operations, recognising as well an immunity cover for its members under certain circumstances.
Under the Act a “wrongdoing” means: 1) a contravention of a federal or a Québec law or of a regulation made under such a law, if the contravention pertains to corruption, breach of trust, malfeasance, collusion, fraud or influence peddling in, for example, awarding, obtaining or performing contracts granted, in the exercise of their functions, by a body or a person belonging to the public sector, or in the administration of justice or the granting of rights and privileges, such as an authorization, an appointment or a subsidy, by a body or a person belonging to the public sector; 1.1) a contravention of any of sections 27.5 to 27.11 and 27.13 of the Act respecting contracting by public bodies (chapter C-65.1); 2) a misuse of public funds or public property or a gross mismanagement of contracts within the public sector; or 3) directing or counselling a person to commit a wrongdoing described in paragraph 1, 1.1 or 2.
The Act establishes the office of Anti-Corruption Commissioner as well as the mission, appointment, dismissal, suspension, functions and powers. The mission of the Commissioner is to ensure, on behalf of the State, the coordination of actions to prevent and to fight corruption in the public sector, including in contractual matters. The Commissioner has the following functions: (1) to receive, record and examine disclosures of wrongdoings; (2) to act as director of the anti-corruption police force; (3) to order investigations; (4) to make recommendations to the Chair of the Conseil du trésor and to the Minister of Municipal Affairs, Regions and Land Occupancy concerning any measure with respect to the awarding of contracts; (5) to make recommendations to the Minister and other public sector representatives on any measure to prevent and to fight corruption; and (6) to assume an educative and preventive role in the fight against corruption. The Commissioner is covered by immunity in the exercise of its functions for any act and omission committed in good faith, moreover has specific reporting duties to the public and to the Minister.
To support the Commissioner the Government may appoints Associate Commissioners for Audits, and for Investigations. The specialized anti-corruption police force (section 8.4) is composed by the Commissioner, the Associate Commissioner for Investigations, the Associate Commissioners for Audits; and the members of the Commissioner’s personnel appointed in accordance with section 12. The police force formed under section 8.4 and the teams or units designated by the Government form the Unité Permanente Anticorruption.
Chapter III sets a procedure to facilitate the disclosure of wrongdoing disclosure mechanism indicating to the Commissioner granting protection against reprisals.
The Act also establishes the Unité Permanente Anticorruption Oversight Committee with the mandate to give opinion on the administration of penal and criminal investigations conducted by the Unité permanente anticorruption; on the follow-up given to disclosures of wrongdoings received by the Anti-Corruption Commissioner; on the Anti-Corruption Commissioner’s annual management report, among others. The Act also provides regulation for its composition and operations, recognising as well an immunity cover for its members under certain circumstances.
Attached files
Web site
Notes
Last amendment up to An Act to amend the rules governing the appointment and dismissal of the Anti-Corruption Commissioner, the Director General of the Sûreté du Québec and the Director of Criminal and Penal Prosecutions, SQ 2019, c 6.
Repealed
No
Source language
English
Legislation Amendment
No