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Canada — Quebec Act or statute

Canada — Quebec legislation

Public Protector Act, 1968

The National Assembly must appoint the Public Protector and fix his salary, on motion by the Prime Minister; the appointment is valid only if approved by two-thirds of the members of the National Assembly.

Source excerpt

benefits administrationcomplianceemployment conditionsemployment transferfinesinterventionsoathspromotion selectionpublic administrationpublic employmentpublicationremunerationrepealrepeat offencesreportingretirement benefitsspousal partition and assignmentstatutory consolidationsurvivor pension
Jurisdiction
Canada — Quebec
Structure
61 provisions
Official identity
Year 1968
Dates
Enacted 1968 · Source version 10 Jun 2026
More statute details
Dates
Enacted 1968 · Source version 10 Jun 2026
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01

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“The National Assembly must appoint the Public Protector and fix his salary, on motion by the Prime Minister; the appointment is valid only if approved by two-thirds of the members of the National Assembly.”

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Section 1

The National Assembly must appoint the Public Protector and fix his salary, on motion by the Prime Minister; the appointment is valid only if approved by two-thirds of the members of the National Assembly.

Section 1

Section 14

This section defines “public body” for the Act.

Section 14

Section 26

After acting under Division V, the Public Protector must promptly notify the interested parties if no prejudicial situation exists or if the situation has been adequately remedied.

Section 26

Section 33.2

For a subsequent offence, the Act’s minimum and maximum fines are doubled.

Section 33.2

Schedule

Chapter 11 of the statutes of 1968 is repealed, except sections 37 and 42.

Schedule

04

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1968 · Source version 10 Jun 2026

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Showing 61 of 61 provisions

Provision 58Repeal 2Offence
§ 1Section 1Provision

Source excerpt

The National Assembly must appoint the Public Protector and fix his salary, on motion by the Prime Minister; the appointment is valid only if approved by two-thirds of the members of the National Assembly.

1. On motion by the Prime Minister, the National Assembly shall appoint a person called the “Public Protector” and fix his salary. To be valid, such an appointment must be approved by two-thirds of the members of the National Assembly. 1968, c. 11, s. 1; 1968, c. 9, s. 90.
Section 1Verify source
§ 2Section 2Provision

Source excerpt

The Public Protector’s term of office is five years, and the officeholder stays in office after the term ends until reappointed or replaced.

2. The term of office of the Public Protector shall be five years; he shall remain in office, notwithstanding the expiration of his term, until reappointed or replaced. 1968, c. 11, s. 2.
Section 2Verify source
§ 3Section 3Provision

Source excerpt

The Public Protector may resign by written notice to the President of the National Assembly, and cannot be dismissed unless the National Assembly approves a resolution by two-thirds of its members.

3. The Public Protector may resign at any time by giving notice in writing to the President of the National Assembly. He shall not be dismissed except by a resolution of the National Assembly approved by two-thirds of its members. 1968, c. 11, s. 3; 1968, c. 9, s. 90.
Section 3Verify source
§ 4Section 4Provision

Source excerpt

The Government must appoint three Deputy Public Protectors on the Public Protector’s recommendation, set their salary, and may dismiss them before the end of their term only for cause.

4. The Government shall appoint three Deputy Public Protectors upon the recommendation of the Public Protector, one of whom shall exercise mainly the functions vested in the Public Protector and provided for in the Act respecting the Health and Social Services Ombudsman (chapter P-31.1). One of the Deputy Public Protectors shall be mainly responsible for the functions of the Public Protector provided for in this Act. One of the Deputy Public Protectors, bearing the title of Deputy Public Protector for Public Integrity, is mainly responsible for exercising the Public Protector’s functions provided for in the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) and the Act respecting protection against reprisals related to the disclosure of wrongdoings (chapter P-33.01). The Government shall fix their salary, which shall not be reduced subsequently. The maximum duration of their term of office is five years but they shall remain in office at the end of that term until re-appointed or replaced; the Government may dismiss them before the expiration of their term, but only for cause. 1968, c. 11, s. 4; 2005, c. 32, s. 269; 2024, c. 21, s. 49.
Section 4Verify source
§ 5Section 5Provision

Source excerpt

Before starting their duties, the Public Protector and Deputy Public Protectors must take the prescribed oath.

5. Before entering upon their duties, the Public Protector and the Deputy Public Protectors shall take the oath prescribed in the schedule. The Public Protector shall fulfill his obligation under this section before the President of the National Assembly, and the assistant, before the Public Protector. 1968, c. 11, s. 5; 1968, c. 9, s. 90; 1987, c. 46, s. 1; 1999, c. 40, s. 225; 2005, c. 32, s. 270.
Section 5Verify source
§ 6Section 6Provision

Source excerpt

The Public Protector and a Deputy Public Protector must devote their time exclusively to the duties of their office, and they may not hold any other office, place, or employment unless authorized.

6. The Public Protector shall devote his time exclusively to the duties of his office and shall not hold any other office, place or employment unless authorized to do so by the National Assembly; a Deputy Public Protector also shall devote his time exclusively to the duties of his office and he also shall not hold any other office, place or employment unless authorized by the Public Protector. 1968, c. 11, s. 6; 1968, c. 9, s. 90; 2005, c. 32, s. 271.
Section 6Verify source
§ 7Section 7Provision

Source excerpt

If the Public Protector cannot act or stops performing duties, a Deputy Public Protector replaces him temporarily, or the Government appoints someone temporarily if needed.

7. When the Public Protector ceases to perform his duties or is unable to act, one of the Deputy Public Protectors designated by the Government shall replace him until another Public Protector is appointed in accordance with section 1 or until the Public Protector resumes his duties, as the case may be. When the Public Protector ceases to perform his duties or is unable to act, when the Deputy Public Protectors are in similar circumstances or if no Deputy Public Protector is in office, the Public Protector shall be replaced by a person appointed temporarily for such purpose by the Government which, if need be, shall fix the salary, additional salary, fees and allowances of such person. When the Public Protector ceases to perform his duties, the National Assembly shall appoint another Public Protector in accordance with section 1 within 30 days if it is in session or, if it is not, within 30 days from the opening of the next session. 1968, c. 11, s. 7; 1968, c. 9, s. 90; 1999, c. 40, s. 225; 2005, c. 32, s. 272.
Section 7Verify source
§ 8Section 8Provision

Source excerpt

8. When the Public Protector or a Deputy Public Protector ceases to perform his or her duties after having performed them for not less than five years or upon resignation before the expiration of such period by reason of a permanent

8. When the Public Protector or a Deputy Public Protector ceases to perform his or her duties after having performed them for not less than five years or upon resignation before the expiration of such period by reason of a permanent disability preventing him or her from usefully performing his or her duties, he or she shall be entitled to an annual pension equal to one-quarter of the salary that he or she was receiving when he or she ceased to perform his or her duties. If he or she ceases to perform his or her duties after having performed them for not less than 10 years or upon resignation during a second five-year term by reason of such a disability, the pension shall be equal to one-half of the salary. If he or she ceases to perform his or her duties after having performed them for not less than 15 years or upon resignation during a third five-year term by reason of such a disability, the pension shall be equal to three-quarters of the salary. If he or she ceases to perform his or her duties before the expiration of his or her term, upon resignation for any other reason than such a disability or upon dismissal, he or she shall be entitled to an annual pension equal to the pension to which he or she would have entitled under the preceding paragraphs if he or she had completed his or her term, reduced in such proportion as the months remaining in his or her term are of the number of months included in the relevant period. The disability contemplated in the preceding paragraphs must be established, in the case of the Public Protector, to the satisfaction of the President of the National Assembly and, in the case of a Deputy Public Protector, to the satisfaction of the Government. From the first day of the month following the death of the Public Protector or of a Deputy Public Protector, whether in office or after having ceased to perform his or her duties, there shall be paid to the surviving married or civil union spouse of the Public Protector or of his or her assistant during widowhood, an annual pension equal to one-half the pension which he or she was receiving or to which he or she would have been entitled on ceasing to perform his or her duties. Subject to the provisions of the preceding paragraph, the pensions contemplated in this section shall be for life; they shall be paid out of the Consolidated Revenue Fund in equal monthly instalments and shall be inalienable and unseizable. 1968, c. 11, s. 8; 1968, c. 9, s. 90; 1982, c. 17, s. 61; 1987, c. 46, s. 2; 2002, c. 6, s. 150; 2005, c. 32, s. 273.
Section 8Verify source
§ 9Section 9Provision

Source excerpt

Section 8 does not apply to the Public Protector if he is or becomes a judge of the Court of Québec, and the same rule applies to a Deputy Public Protector.

9. Section 8 shall not apply to the Public Protector if he is or becomes a judge of the Court of Québec, but the years during which he was Public Protector shall be counted for the purposes of his pension as a judge; the same shall apply to a Deputy Public Protector. 1968, c. 11, s. 9; 1977, c. 20, s. 138; 1988, c. 21, s. 117; 2005, c. 32, s. 274.
Section 9Verify source
§ 10Section 10Provision

Source excerpt

A section 8 pension for a former Public Protector or Deputy Public Protector stops while the person holds a paid position, office, or employment with the Government or a government body.

10. The payment of a pension under section 8 to a person who has already been Public Protector or Deputy Public Protector shall cease if and while the beneficiary holds temporarily or permanently a position, office or employment to which is attached a remuneration paid by the Government or by a bureau, commission or board under the jurisdiction of the Government. 1968, c. 11, s. 10; 1977, c. 5, s. 14; 2005, c. 32, s. 275.
Section 10Verify source
§ 10.1Section 10.1Provision

Source excerpt

The Government may make regulations applying certain special retirement-plan measures to the Public Protector’s and Deputy Public Protectors’ pension plan for spousal benefit partition and assignment.

10.1. The Government may, by regulation, render the special measures provided in Chapter VII.1 of Title I of the Act respecting the Government and Public Employees Retirement Plan (chapter R‐10) and the regulations thereunder applicable, in whole or in part and adapted as required, to the pension plan of the Public Protector and the Deputy Public Protectors, for the purposes of partition and assignment of benefits between spouses. The Government may also, for such purposes, include in the regulations special provisions for the establishment and assessment of benefits accrued under the pension plan of the Public Protector and the Deputy Public Protectors, and for the reduction of benefits under the plan by reason of payment of the sums awarded to the spouse. 1990, c. 5, s. 8; 2005, c. 32, s. 276.
Section 10.1Verify source
§ 11Section 11Provision

Source excerpt

The Public Protector appoints the needed public servants and employees, the Government sets their number, and dismissal by the Government is only on the Public Protector’s recommendation.

11. The public servants and employees required for the application of this Act, the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1), the Act respecting protection against reprisals related to the disclosure of wrongdoings (chapter P-33.01) and the Act respecting the Health and Social Services Ombudsman (chapter P-31.1) shall be appointed by the Public Protector; their number shall be determined by the Government. They may be dismissed by the Government but only on the recommendation of the Public Protector. Subject to the provisions of a collective agreement, the Public Protector shall determine the standards and scales of remuneration, employment benefits and other conditions of employment of the Public Protector’s public servants and employees in accordance with the conditions defined by the Government. The public servants and employees of the Public Protector, before assuming their duties, shall take the oath prescribed in the schedule before the Public Protector. 1968, c. 11, s. 11; 1987, c. 46, s. 3; 1999, c. 40, s. 225; 2005, c. 32, s. 277; 2016, c. 34, s. 46; 2024, c. 21, s. 50.
Section 11Verify source
§ 12Section 12Provision

Source excerpt

The Public Protector must define the duties of Deputy Public Protectors and the Public Protector’s public servants and employees.

12. The Public Protector shall define the duties of the Deputy Public Protectors and of the public servants and employees of the Public Protector. He shall direct their work and may delegate to them in writing each of his powers except those assigned to him by sections 26.1, 26.2, 27, 27.3, 27.4 and 28. 1968, c. 11, s. 12; 1987, c. 46, s. 4; 2005, c. 32, s. 278.
Section 12Verify source
§ 13Section 13Provision

Source excerpt

The Public Protector must intervene when there is reasonable cause to believe someone has suffered or may likely suffer prejudice from a public body or related officials, subject to sections 18 to 19.1.

13. The Public Protector shall intervene, subject to sections 18 to 19.1, whenever he has reasonable cause to believe that a person or group of persons has suffered or may very likely suffer prejudice as the result of an act or omission of a public body, its chief executive officer, its members or a person holding an office, employment or position accountable to the chief executive officer. The Public Protector shall intervene on his own initiative or at the request of any person or group of persons acting on his or its own behalf or on behalf of another person. The Public Protector shall also exercise the functions assigned to the Public Protector under the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1) and the Act respecting protection against reprisals related to the disclosure of wrongdoings (chapter P-33.01), as well as those assigned to the Health and Social Services Ombudsman in accordance with the Act respecting the Health and Social Services Ombudsman (chapter P-31.1). 1968, c. 11, s. 13; 1977, c. 5, s. 14; 1987, c. 46, s. 5; 2005, c. 32, s. 279; 2016, c. 34, s. 47; 2024, c. 21, s. 51.
Section 13Verify source
§ 13.1Section 13.1Provision

Source excerpt

This section is marked as replaced.

13.1. (Replaced). 1984, c. 39, s. 600; 1987, c. 46, s. 5.
Section 13.1Verify source
§ 14Section 14Provision

Source excerpt

This section defines “public body” for the Act.

14. For the purposes of this Act, a public body is (1) a department; (2) any body, other than the Conseil exécutif and the Conseil du trésor, whose staff is appointed in accordance with the Public Service Act (chapter F-3.1.1). 1968, c. 11, s. 14; 1987, c. 46, s. 5; 2000, c. 8, s. 242.
Section 14Verify source
§ 15Section 15Provision

Source excerpt

This section says certain listed entities are deemed to be public bodies for the purposes of the Act.

15. For the purposes of this Act, the following are held to be public bodies: (1) every person, except the Chief Electoral Officer and the Ethics Commissioner, designated by the National Assembly to hold an office accountable to it, where the law provides that the person’s staff is appointed in accordance with the Public Service Act (chapter F-3.1.1); (2) the services contemplated in Divisions III and V of Chapter IV of the Act respecting the National Assembly (chapter A-23.1); (3) the staff of the secretariat of the Conseil du trésor; (4) the Public Curator; (5) the Autorité des marchés financiers; (6) Santé Québec, excluding its mission to offer, through public institutions, health services and social services; (6.1) Héma-Québec; (6.2) the Institut national de santé publique du Québec; (6.3) any organization that coordinates organ or tissue donations, designated in accordance with section 2.0.11 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5); (6.4) the Institut national d’excellence en éducation; (7) the Institut national d’excellence en santé et en services sociaux; (8) the Agence du revenu du Québec; (9) SARPA, established under the Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfants (chapter A-2.02); (10) the Autorité des marchés publics; (11) Mobilité Infra Québec, only when it exercises the power of expropriation provided for in section 8 of the Act respecting Mobilité Infra Québec (chapitre M-36.1). 1968, c. 11, s. 15; 1977, c. 5, s. 14; 1978, c. 15, s. 140; 1979, c. 48, s. 138; 1983, c. 55, s. 161; 1987, c. 46, s. 5; 1997, c. 36, s. 12; 1999, c. 40, s. 225; 2000, c. 8, s. 179, s. 242; 2002, c. 45, s. 549; 2004, c. 37, s. 90; 2006, c. 46, s. 27; 2010, c. 15, s. 75; 2010, c. 31, s. 153; 2011, c. 16, Sch. II, s. 45; 2010, c. 30, s. 126; 2012, c. 20, s. 53; 2017, c. 27, s. 204; 2023, c. 34, s. 1175; 2023, c. 34, s. 1582; 2024, c. 40, s. 7; 2023, c. 32, s. 65; I.N. 2025-03-24.
Section 15Verify source
§ 16Section 16Provision

Source excerpt

A person or body performing delegated duties of a public body or person under section 13 is treated as part of that public body or person for this Act.

16. Every body or person performing, by delegation, the duties of a public body or person contemplated in section 13 is held to be part of that public body or person for the purposes of this Act. 1968, c. 11, s. 16; 1987, c. 46, s. 5; 1999, c. 40, s. 225.
Section 16Verify source
§ 17Section 17Provision

Source excerpt

Members of a public body are accountable to the body’s chief executive officer under this Act.

17. The members of a public body are accountable to its chief executive officer for the purposes of this Act. 1968, c. 11, s. 17; 1987, c. 46, s. 5.
Section 17Verify source
§ 18Section 18Provision

Source excerpt

18. The Public Protector cannot intervene in respect of an act or omission of (1) a public body or a person, where the person or group whose interests would be concerned by the intervention has a legal remedy that can adequately correct

18. The Public Protector cannot intervene in respect of an act or omission of (1) a public body or a person, where the person or group whose interests would be concerned by the intervention has a legal remedy that can adequately correct the prejudicial situation within a reasonable time; (2) a public body or a person, where the person or the group whose interests would be concerned by the intervention has omitted or failed, without any reasonable excuse, to pursue a remedy contemplated in paragraph 1 within the proper time; (3) a public body or a person who or which, in the particular case, is bound to act judicially; (4) a person referred to in section 49, 106 or 268 of the Police Act (chapter P-13.1), while he was acting as a peace officer; (5) a public body or a person, performed in the course of labour relations with the person or group whose interests would be concerned by the intervention; (6) a member of the office staff of a Minister. 1968, c. 11, s. 18; 1987, c. 46, s. 5; 1988, c. 75, s. 240; 2000, c. 12, s. 327.
Section 18Verify source
§ 19Section 19Provision

Source excerpt

The Public Protector must refuse to intervene if more than one year has passed since the concerned person or group learned the facts, unless the circumstances are exceptional.

19. Where more than one year has elapsed since the person or group whose interests would be concerned by the intervention had knowledge of the facts on which the intervention is based, the Public Protector shall refuse to intervene, unless he considers that the circumstances brought forward by the person or group are exceptional. The Public Protector shall also terminate an intervention or refuse to intervene where any remedy pursued before the Supreme Court of Canada or any court referred to in section 1 of the Courts of Justice Act (chapter T-16), by the person or group whose interests are concerned by the intervention, pertains to the facts on which the intervention is based. 1968, c. 11, s. 19; 1987, c. 46, s. 5.
Section 19Verify source
§ 19.1Section 19.1Provision

Source excerpt

The Public Protector may end an intervention or decline to intervene if the applicant does not provide required information or documents, if the application is frivolous, vexatious, or made in bad faith, or if intervention is not expedient.

19.1. The Public Protector may terminate an intervention or refuse to intervene where, in his opinion, (1) the person or group applying for his intervention refuses or neglects to furnish the information or documents contemplated in section 20; (2) the application for intervention is frivolous, vexatious or made in bad faith; (3) an intervention is not expedient in view of the circumstances. 1987, c. 46, s. 5.
Section 19.1Verify source
§ 19.2Section 19.2Provision

Source excerpt

19.2. Where the Public Protector terminates an intervention or refuses to intervene, he shall notify the interested person or group of his decision, giving the reasons therefor and, in the case of paragraph 1 of section 18, indicating what

19.2. Where the Public Protector terminates an intervention or refuses to intervene, he shall notify the interested person or group of his decision, giving the reasons therefor and, in the case of paragraph 1 of section 18, indicating what remedies are available. 1987, c. 46, s. 5.
Section 19.2Verify source
§ 19.3Section 19.3Provision

Source excerpt

The Public Protector may be a party to certain Superior Court applications related to the Public Protector’s competence and powers.

19.3. The Public Protector may be a party to any application to the Superior Court under articles 142 and 284 of the Code of Civil Procedure (chapter C-25.01) pertaining to his competence and powers. 1987, c. 46, s. 5; I.N. 2016-01-01 (NCCP).
Section 19.3Verify source
§ 20Section 20Provision

Source excerpt

A person asking the Public Protector to intervene must provide identifying details, explain the facts, and supply any further information or documents the Public Protector considers necessary.

20. Every person who applies for the intervention of the Public Protector shall (1) give his name, address and telephone number, and the name, address, telephone number and social insurance number of each person whose interests are concerned by the application; (2) state the facts justifying the application; (3) provide the Public Protector with any other information or document which the Public Protector considers necessary for a clear understanding of the facts. Where he considers it necessary, the Public Protector may require that the application for intervention be made in writing. 1968, c. 11, s. 20; 1987, c. 46, s. 6.
Section 20Verify source
§ 21Section 21Provision

Source excerpt

The Public Protector, Deputy Public Protectors, and their public servants and employees must help any person who asks with preparing an application for intervention.

21. The Public Protector, the Deputy Public Protectors and the public servants and employees of the Public Protector must lend their assistance in the formulation of an application for intervention to any person who so requires. 1968, c. 11, s. 21; 1977, c. 5, s. 14; 1987, c. 46, s. 6; 2005, c. 32, s. 280.
Section 21Verify source
§ 22Section 22Provision

Source excerpt

People working in an office, position, or job at a place of detention must promptly pass along a prisoner’s writing to the Public Protector without reading it, and must deliver a writing from the Public Protector to that person.

22. Every person holding an office, position or employment in a place where a person is deprived of his freedom shall, when the latter person gives him a writing intended for the Public Protector, transmit the writing forthwith to the Public Protector without reading it. Similarly, where he receives a writing from the Public Protector intended for the person deprived of his freedom, he shall give it to that person. 1968, c. 11, s. 22; 1987, c. 46, s. 6.
Section 22Verify source
§ 23Section 23Provision

Source excerpt

If the Public Protector decides to intervene, the Public Protector must hear the author of the act or omission, or the chief executive officer if the act or omission is by a public body, and may invite them to remedy the prejudicial situation.

23. Where the Public Protector deems it expedient to intervene, he shall give the author of the act or omission or, if the latter is a public body, the chief executive officer thereof, an opportunity to be heard and, where appropriate, shall invite him to remedy the prejudicial situation. Where an intervention addressed to the author of the act or omission, and to his superiors if deemed expedient by the Public Protector, has failed to remedy the prejudicial situation, the Public Protector shall give the chief executive officer of the public body an opportunity to be heard and, where appropriate, shall invite him to remedy the situation. 1968, c. 11, s. 23; 1987, c. 46, s. 7.
Section 23Verify source
§ 24Section 24Provision

Source excerpt

The Public Protector’s interventions must be private.

24. Every intervention by the Public Protector shall be in private. It may include an investigation if that is deemed expedient by the Public Protector. 1968, c. 11, s. 24; 1987, c. 46, s. 7.
Section 24Verify source
§ 25Section 25Provision

Source excerpt

For investigations, the Public Protector, Deputy Public Protectors, and certain written-designated staff have the powers and immunity of public inquiry commissioners, except the power to imprison.

25. For the conduct of an investigation, the Public Protector, the Deputy Public Protectors and the public servants and employees of the Public Protector whom the Public Protector designates in writing for such purpose shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C‐37), except the power to impose imprisonment. Articles 282, 283 and 285 of the Code of Civil Procedure (chapter C‐25.01) apply, adapted as required. 1968, c. 11, s. 25; 1978, c. 15, s. 140; 1987, c. 46, s. 7; 2005, c. 32, s. 281; I.N. 2016-01-01 (NCCP).
Section 25Verify source
§ 26Section 26Provision

Source excerpt

After acting under Division V, the Public Protector must promptly notify the interested parties if no prejudicial situation exists or if the situation has been adequately remedied.

26. Where, after acting pursuant to Division V, the Public Protector is of opinion that no prejudicial situation exists or that the prejudicial situation brought to his attention has been adequately remedied, he shall promptly notify the interested parties. 1968, c. 11, s. 26; 1978, c. 15, s. 140; 1984, c. 39, s. 601; 1987, c. 46, s. 8.
Section 26Verify source
§ 26.1Section 26.1Provision

Source excerpt

26.1. The Public Protector shall notify in writing the chief executive officer of a public body where he is of opinion that the public body or a person accountable to the chief executive officer (1) has not complied with the law; (2) has

26.1. The Public Protector shall notify in writing the chief executive officer of a public body where he is of opinion that the public body or a person accountable to the chief executive officer (1) has not complied with the law; (2) has acted in an unreasonable, unjust, arbitrary or discriminatory manner; (3) has failed in its or his duty or has been guilty of misconduct or negligence; (4) has committed an error of law or of fact; or, (5) in the exercise of a discretionary power, has acted for an unjust purpose, has been actuated by irrelevant motives or has failed to give reasons for its or his discretionary act when it or he should have done so. 1987, c. 46, s. 8.
Section 26.1Verify source
§ 26.2Section 26.2Provision

Source excerpt

If the Public Protector sends a notice to the chief executive officer of a public body, the Public Protector may add useful recommendations and ask to be informed of the measures taken to remedy the situation.

26.2. Where the Public Protector sends a notice to the chief executive officer of a public body, he may add any recommendation he deems useful and ask to be informed of the measures actually taken to remedy the prejudicial situation. 1987, c. 46, s. 8.
Section 26.2Verify source
§ 27Section 27Provision

Source excerpt

27. Where, after making a recommendation to the chief executive officer of a public body, the Public Protector is of opinion that no satisfactory measure has been taken within a reasonable time by the chief executive officer to remedy the

27. Where, after making a recommendation to the chief executive officer of a public body, the Public Protector is of opinion that no satisfactory measure has been taken within a reasonable time by the chief executive officer to remedy the situation adequately, he may notify the Government in writing and, if he deems it expedient, he may relate the case in a special report or in his annual report to the National Assembly. 1968, c. 11, s. 27; 1968, c. 9, s. 90; 1987, c. 46, s. 8.
Section 27Verify source
§ 27.1Section 27.1Provision

Source excerpt

The Public Protector must promptly inform the person or group concerned of the results of the intervention.

27.1. The Public Protector shall promptly inform the person or group whose interests are concerned of the results of his intervention. 1987, c. 46, s. 8.
Section 27.1Verify source
§ 27.2Section 27.2Provision

Source excerpt

The Public Protector must send a yearly summary report to the chief executive officer of a public body.

27.2. The Public Protector shall, at least once yearly, transmit to the chief executive officer of a public body a summary report stating the number of interventions involving the public body or a person accountable to the chief executive officer during the period covered by the report, and the nature and outcome of each intervention. 1987, c. 46, s. 8.
Section 27.2Verify source
§ 27.3Section 27.3Provision

Source excerpt

The Public Protector may ask a public body’s chief executive officer or the Government to consider legislative, regulatory, or administrative reform, and may also explain the situation in a special or annual report to the National Assembly.

27.3. The Public Protector may, so as to remedy prejudicial situations he has noted in the course of his interventions, avoid the recurrence of such situations or prevent similar situations, call to the attention of the chief executive officer of a public body or to the attention of the Government the necessity of such legislative, regulatory or administrative reform as he deems to be in the public interest. If the Public Protector deems it expedient, he may explain the situation in a special report or in his annual report to the National Assembly. 1987, c. 46, s. 8.
Section 27.3Verify source
§ 27.4Section 27.4Provision

Source excerpt

The Public Protector may publicly comment on reports or interventions, if he considers it in the public interest or necessary for the interests of the persons or bodies involved.

27.4. The Public Protector, where he deems it to be in the public interest, may comment publicly on a report he has submitted to the National Assembly or on any intervention he has made. He may also comment publicly on any past intervention or on any intervention in progress where he deems it to be necessary in the interest of the person, group, public body, chief executive officer, public servant, employee or officer involved. 1987, c. 46, s. 8.
Section 27.4Verify source
§ 28Section 28Provision

Source excerpt

The Public Protector must send an annual report to the President of the National Assembly by 30 September each year.

28. On or before 30 September each year, the Public Protector shall transmit to the President of the National Assembly a report to the Assembly of his activities during the preceding calendar year. The report shall set out the cases in respect whereof the Public Protector made a recommendation pursuant to section 26.2 or issued a notice pursuant to section 27 and, where such is the case, the corrective measures taken by the authority concerned. 1968, c. 11, s. 28; 1968, c. 9, s. 90; 1968, c. 23, s. 8; 1987, c. 46, s. 8.
Section 28Verify source
§ 29Section 29Provision

Source excerpt

Reports sent to the President of the National Assembly by the Public Protector must be tabled within three days, and then published and distributed by the Québec Official Publisher.

29. Any report to the National Assembly transmitted to the President of the National Assembly by the Public Protector shall be tabled by the President within three days of its receipt if the Assembly is in session or, if not, within three days of resumption. Every such report shall be published and distributed by the Québec Official Publisher, subject to such conditions and in such manner as the Public Protector considers appropriate. 1968, c. 11, s. 29; 1987, c. 46, s. 8.
Section 29Verify source
§ 30Section 30Provision

Source excerpt

No legal proceedings may be brought against the Public Protector, Deputy Public Protectors, or the Public Protector’s public servants and employees for official acts done in good faith while performing their duties.

30. No legal proceedings shall lie against the Public Protector, the Deputy Public Protectors and the public servants and employees of the Public Protector by reason of official acts done in good faith in the performance of their duties. 1968, c. 11, s. 30; 2005, c. 32, s. 282.
Section 30Verify source
§ 31Section 31Provision

Source excerpt

Judicial review applications and injunctions are barred against the Public Protector, the Deputy Public Protectors, and their public servants and employees when acting officially.

31. No application for judicial review under the Code of Civil Procedure (chapter C‐25.01) shall be exercised and no injunction shall be granted against the Public Protector, the Deputy Public Protectors or the public servants and employees of the Public Protector acting in their official capacity. 1968, c. 11, s. 31; 2005, c. 32, s. 283; I.N. 2016-01-01 (NCCP).
Section 31Verify source
§ 32Section 32Provision

Source excerpt

A judge of the Court of Appeal may, on application, summarily annul a decision, order, or injunction made contrary to section 30 or 31.

32. A judge of the Court of Appeal, on an application, may annul summarily any decision, order or injunction made or granted contrary to section 30 or 31. 1968, c. 11, s. 32; 1979, c. 37, s. 43; I.N. 2016-01-01 (NCCP).
Section 32Verify source
§ 33Section 33Provision

Source excerpt

A person must not disclose information obtained while performing duties as Deputy Public Protector, public servant, or employee of the Public Protector unless duly authorized.

33. Every person who, without being duly authorized, discloses information obtained by him in the performance of his duties as Deputy Public Protector, or public servant or employee of the Public Protector, is liable to a fine of $5,000 to $30,000. 1968, c. 11, s. 33; 1987, c. 46, s. 9; 1990, c. 4, s. 687; 2005, c. 32, s. 284; 2024, c. 21, s. 52.
Section 33Verify source
§ 33.1Section 33.1Provision

Source excerpt

A person who contravenes section 22 is liable to a fine of $5,000 to $30,000.

33.1. Every person who contravenes any of the provisions of section 22 is liable to a fine of $5,000 to $30,000. 1987, c. 46, s. 9; 1990, c. 4, s. 688; 2024, c. 21, s. 53.
Section 33.1Verify source
§ 33.2Section 33.2Offence

Source excerpt

For a subsequent offence, the Act’s minimum and maximum fines are doubled.

33.2. For a subsequent offence, the minimum and maximum fines prescribed by this Act are doubled. 1987, c. 46, s. 9; 1990, c. 4, s. 689; 1992, c. 61, s. 466; 2024, c. 21, s. 53.
Section 33.2Verify source
§ 34Section 34Provision

Source excerpt

No one may be compelled to give evidence or produce documents about information obtained in the performance of certain Public Protector-related duties, and no one has a right of access to or correction of that information.

34. Notwithstanding any Act inconsistent herewith, no person may be compelled to give evidence with respect to information obtained by him in the performance of his duties as Public Protector or Deputy Public Protector, or as public servant or employee of the Public Protector, nor to produce any document containing such information. Despite sections 9, 83 and 89 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no one has a right of access to or of correction of such information. 1968, c. 11, s. 34; 1987, c. 46, s. 10; 2005, c. 32, s. 285; 2024, c. 21, s. 54.
Section 34Verify source
§ 35Section 35Provision

Source excerpt

No civil action may be taken because of publishing a Public Protector report, or a good-faith extract or summary of it.

35. No civil action shall be taken by reason or in consequence of the publication of a report of the Public Protector under this Act, or the publication, made in good faith, of an extract from or summary of such report. 1968, c. 11, s. 35.
Section 35Verify source
§ 35.1Section 35.1Provision

Source excerpt

The Public Administration Act applies to the Public Protector, subject to listed exceptions. The Public Protector must include the section 24 report in its annual report, and the President of the National Assembly must table the Public Protector’s strategic plan in the National Assembly.

35.1. The Public Administration Act (chapter A‐6.01), except subparagraph 6 of the first paragraph and the second paragraph of section 9, sections 10 to 23, subparagraphs 1.1 and 3 of the second paragraph and the third paragraph of section 24, sections 25 to 28 and 46, the third paragraph of section 57 and sections 64 to 66, 74 to 75, 77.3 and 78, applies to the Public Protector. The report referred to in section 24 of the said Act shall be included in the annual report of the Public Protector. The strategic plan adopted by the Public Protector pursuant to section 8 of the Public Administration Act shall be tabled in the National Assembly by the President of the National Assembly. 2000, c. 8, s. 180; 2006, c. 29, s. 39; 2011, c. 19, s. 36; 2016, c. 7, s. 5.
Section 35.1Verify source
§ 35.2Section 35.2Provision

Source excerpt

The Public Protector may determine contract terms by regulation, and the regulation takes effect when approved by the Office of the National Assembly.

35.2. The Public Protector may, by regulation, determine the terms of the contracts the Public Protector is authorized to conclude. The regulation comes into force on the date of its approval by the Office of the National Assembly. The regulation shall be published in the Gazette officielle du Québec. 2000, c. 8, s. 180.
Section 35.2Verify source
§ 35.3Section 35.3Provision

Source excerpt

The Financial Administration Act rules that apply to budget-funded bodies, except sections 30 and 31, also apply to the Public Protector’s management of financial resources.

35.3. The provisions of the Financial Administration Act (chapter A‐6.001) applicable to budget-funded bodies, except sections 30 and 31, apply to the management of the financial resources of the Public Protector. 2000, c. 15, s. 141.
Section 35.3Verify source
§ 36Section 36Provision

Source excerpt

The Public Service Act does not apply to the Public Protector, a Deputy Public Protector, or the Public Protector’s public servants and employees.

36. The Public Service Act (chapter F‐3.1.1) shall not apply to the Public Protector, a Deputy Public Protector or the public servants and employees of the Public Protector. 1968, c. 11, s. 36; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2005, c. 32, s. 286.
Section 36Verify source
§ 37Section 37Provision

Source excerpt

Certain Public Protector staff may transfer to the public service or join a promotion selection process if they meet the stated timing and prior permanent-tenure conditions.

37. A public servant or employee of the Public Protector may apply for his transfer to a position in the public service or participate in a promotion selection process in accordance with the Public Service Act (chapter F-3.1.1) if his appointment to the staff of the Public Protector precedes 30 May 2024 and if, immediately before that appointment, he held a position, with permanent tenure, in the public service. The first paragraph applies also to any public servant or employee of the Public Protector who has already been appointed on a permanent basis to the public service and who, on 23 June 1987, holds a regular position, with permanent tenure, on the staff of the Public Protector. 1968, c. 11, s. 41; 1987, c. 46, s. 11; 2013, c. 25, s. 34; 2021, c. 11, s. 49; 2024, c. 21, s. 55.
Section 37Verify source
§ 37.1Section 37.1Repeal

Source excerpt

Section 37.1 is repealed.

37.1. (Repealed). 1987, c. 46, s. 11; 2013, c. 25, s. 34; 2021, c. 11, s. 41.
Section 37.1Verify source
§ 37.2Section 37.2Provision

Source excerpt

A person covered by section 37 may ask the chairman of the Conseil du trésor for an opinion on the public-service classification they would get.

37.2. Where a person contemplated in section 37 applies for a transfer or a promotion selection process, he may apply to the chairman of the Conseil du trésor for an opinion as to the classification he would be assigned in the public service. The opinion must take into account the person’s classification in the public service on the date on which he left and the experience and formal training he has acquired since that date. Where a person is transferred pursuant to section 37, the deputy minister or the chief executive officer of the agency shall assign a classification to him in accordance with the opinion contemplated in the first paragraph. Where a person is promoted pursuant to section 37, his classification shall take into account the criteria described in the first paragraph. 1987, c. 46, s. 11; 1996, c. 35, s. 19; 2013, c. 25, s. 34; 2021, c. 11, s. 49.
Section 37.2Verify source
§ 37.3Section 37.3Provision

Source excerpt

If the Public Protector partly or completely stops activities, or if there is a lack of work, a person referred to in section 37 is entitled to reserve status in the public service and to keep the classification held before leaving.

37.3. Where the Public Protector partly or completely ceases his activities or in the case of a lack of work, a person referred to in section 37 is entitled to be placed on reserve in the public service and to retain the classification he had before the date on which he left. In such a case, the chairman of the Conseil du trésor shall, where required, assign a classification to the person, taking into account the criteria described in the first paragraph of section 37.2. 1987, c. 46, s. 11; 1996, c. 35, s. 19.
Section 37.3Verify source
§ 37.4Section 37.4Provision

Source excerpt

A person placed on reserve under section 37.3 must remain with the Public Protector until the chairman of the Conseil du trésor can place him.

37.4. A person placed on reserve according to section 37.3 shall remain with the Public Protector until the chairman of the Conseil du trésor can place him. 1987, c. 46, s. 11; 1996, c. 35, s. 19.
Section 37.4Verify source
§ 38Section 38Provision

Source excerpt

Section 38 ceased to have effect on 17 April 1987.

38. (This section ceased to have effect on 17 April 1987). 1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
Section 38Verify source
§ —ScheduleProvision

Source excerpt

This oath requires the person to perform duties honestly, impartially, and justly, not take unauthorized money or other advantages for official work, and not disclose information obtained through the duties unless duly authorized.

OATH I declare under oath that I will fulfill my duties with honesty, impartiality and justice and that I will not accept any other sum of money or advantage for anything I will do in the discharge of my duties other than what may be allowed me by law. I further declare under oath that I will not disclose, unless duly authorized, any information I may obtain in the discharge of my duties. 1968, c. 11, Schedule A; 1977, c. 5, s. 14; 1987, c. 46, s. 12; 1999, c. 40, s. 225.
ScheduleVerify source
§ S A-BSchedule S A-BProvision

Source excerpt

(Replaced). 1968, c. 11, Schedule B; 1987, c. 46, s. 12.

(Replaced). 1968, c. 11, Schedule B; 1987, c. 46, s. 12.
Section S A-BVerify source
§ —ScheduleRepeal

Source excerpt

Chapter 11 of the statutes of 1968 is repealed, except sections 37 and 42.

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 11 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 37 and 42, effective from the coming into force of chapter P-32 of the Revised Statutes.
ScheduleVerify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

  • Act. 15. For the purposes of this Act

    Section 15

  • Canada or any court referred to in section 1 of the Courts of Justice Act

    Section 19

  • Financial Administration Act

    Section 35.3

N–S

4 instruments

  • Police Act

    Section 18

  • Public Administration Act

    Section 35.1

  • Public Protector provided for in this Act

    Section 4

  • Public Protector under this Act

    Section 35

T–Z

1 instrument

  • Title I of the Act

    Section 10.1

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  • 10 Jun 2026 · currentEnglish

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