On April 7, 2022, the Office of the National Assembly adopted the Règlement facilitant la divulgation d’actes répréhensibles à l’égard de l’Assemblée nationale (regulation facilitating the disclosure of wrongdoings concerning the Assemblée nationale). This regulation allows the institution to put in place a procedure intended to foster its integrity and protect any person from reprisals related to the disclosure of wrongdoings.
This regulation takes into account the specific characteristics of the Assemblée nationale.
Who can be the subject of a disclosure?
- Members of the administrative personnel in the exercise of their functions
- Any other person, partnership, group or entity in the course of the tendering or awarding process for, or the performance of, a contract of the Assemblée nationale, including a grant of financial assistance.
Parliamentarians and their staff are not covered by the Règlement facilitant la divulgation d’actes répréhensibles à l’égard de l’Assemblée nationale.
What is a wrongdoing?
- A contravention of an Act or regulation applicable in Québec
- A contravention of a regulation of the Office of the National Assembly
- A serious breach of the standards of ethics and professional conduct
- A misuse of funds or property belonging to the Assemblée nationale, including the funds or property it manages or holds for others
- Gross mismanagement within the Assemblée nationale, including an abuse of authority
- Any act or omission that seriously compromises or may seriously compromise a person's health or safety or the environment
- Directing or counselling a person to commit a wrongdoing described above.
What is a disclosure?
- A disclosure is a communication of information alleging that a wrongdoing has been or is about to be committed in relation to the Assemblée nationale.
- The disclosure must be in the public interest.
- However, a disclosure is not admissible if
- it is made solely for personal purposes;
- it concerns solely a person’s conditions of employment;
- it questions the merits of Assemblée nationale regulations or policies or Office of the National Assembly decisions;
- it concerns a situation that is the subject of legal proceedings or of a court decision;
- it is clearly unfounded or abusive.
Can I disclose a wrongdoing?
Of course! Any person who wishes to disclose a wrongdoing committed or about to be committed in relation to the Assemblée nationale may do so.
A disclosure can be made anonymously or not.
Who can disclose a wrongdoing?
- Any member of the administrative personnel of the Assemblée nationale, including
- the Secretary General and the associate secretaries general;
- management personnel;
- casual employees;
- students;
- interns, including those of the Fondation Jean-Charles-Bonenfant;
- political staff of Members of the Assemblée nationale;
- Members of the Assemblée nationale;
- suppliers, contractors, subcontractors, consultants;
- members of the general public.
Will I be protected?
The Assemblée nationale adopted this regulation in order to foster the integrity of the institution and protect any person against reprisals in relation to disclosures of wrongdoing.
The identity of a person who has disclosed a wrongdoing or who has cooperated in an audit or investigation related to a disclosure is protected and remains confidential. Any person cooperating in an investigation may obtain legal advice from the Protecteur du citoyen.
Under section 31 of the Act to facilitate the disclosure of wrongdoings relating to public bodies, "Any person who, in good faith, makes a disclosure or cooperates in an audit or investigation conducted on the basis of a disclosure incurs no civil liability for doing so."
What to do if you believe you are a victim of a reprisal:
- If you are a unionized employee: Contact your union within the time prescribed in your collective agreement or the Officer responsible for dealing with disclosures at the Assemblée nationale.
- If you are a non-unionized employee: Contact the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) within forty-five (45) days or the Officer responsible for dealing with disclosures at the Assemblée nationale.
- If you are a manager: Contact the Alliance des cadres de l’État.
- If you are a supplier, subcontractor or consultant: Contact the Officer responsible for dealing with disclosures at the Assemblée nationale.
- If you are a client or a member of the general public: Contact the Officer responsible for dealing with disclosures at the Assemblée nationale.
How do I disclose a wrongdoing?
You have three options for disclosing a wrongdoing to the Officer responsible for dealing with disclosures at the Assemblée nationale, Nathalie Ferland, CPA.
Option 1: By email: divulgation.actes.reprehensibles@assnat.qc.ca
Procedure:
Option 2: By phone: 581-991-6816
Option 3: By regular mail:
Nathalie Ferland
1035, rue des Parlementaires
2e étage, bureau 2.27
Québec (Québec) G1A 1A3
Another option for people who have a Assemblée nationale access card:
Drop off your disclosure in the confidential letter box near Entrance 30 of the édifice Pamphile-Le May.
Specify the following information in your disclosure:
Who?
- Name of the directorate or service involved
- Name and contact information of the person or persons alleged to have committed the wrongdoing.
What?
- Description of the wrongdoing
- Sequence of events (provide as much detail as possible).
When?
- If the wrongdoing has already been committed, specify the date
- Otherwise, specify when it is anticipated.
Where?
- Place where the wrongdoing is alleged to have been committed.
Why?
- Specify the reasons you consider the act involved to be a wrongdoing.
Attach all supporting documents or evidence.
What happens next?
In the case of non-anonymous disclosures:
- The Officer responsible for dealing with disclosures will send you a confirmation of receipt within five (5) working days.
- Confirmation of the admissibility or non-admissibility of your disclosure based on the criteria prescribed in the regulation will be sent to you within twenty (20) working days.
- The results of or follow-up to your disclosure will be sent to you within sixty (60) working days. Depending on the scope of the audit or investigation involved, additional time may be required. If such is a case, the Officer responsible for dealing with disclosures will inform you of the length of that additional time.