Municipal Ethics and Professional Conduct: Prevention Through Legal Advice

Legal Advice on Municipal Ethics and Professional Conduct: What Are the Eligibility Requirements?

Section 35 of the MEGCA provides for a simple and accessible mechanism. It allows an elected official to seek a preventive opinion from an ethics and professional conduct advisor on any matter related to the code of ethics and professional conduct.

The fees associated with this legal opinion must then be paid by the municipality when the following conditions are met:

• The opinion is preventive in nature and is sought to help the elected official comply with the rules set forth in their code of ethics and professional conduct.
• The chosen advisor, a member of the Barreau du Québec or the Chambre des notaires du Québec, is registered on the list maintained by the Commission municipale du Québec.
• The fees charged are reasonable.

In practice, the elected official is responsible for selecting the professional. They can pay the fees and then request reimbursement, or forward the invoice directly to the municipality. In either case, a written statement from the chosen ethics advisor confirming that the conditions set forth by law have been met is sufficient for the reasonable fees to be covered. The elected official is therefore not required to disclose the content or nature of the legal opinion in order to receive a reimbursement.

Can an Elected Municipal Official Obtain a Legal Opinion Once a Situation Has Already Arisen?

The mechanism set forth in section 35 of the MEGCA is not limited to abstract questions or purely hypothetical situations.

The Quebec Court of Appeal has recently reiterated that this provision must be interpreted broadly and liberally. An elected official can thus seek advice before a problematic situation arises, but also when a situation is unfolding or is the subject of allegations. The fact that the situation has already arisen does not detract from the preventive nature of the process, insofar as the opinion is intended to guide the elected official’s future conduct and prevent a potential breach of the applicable ethics and professional conduct rules.

This interpretation is consistent with the purpose of section 35 of the MEGCA, which allows an elected official to obtain appropriate guidance when there is uncertainty regarding their ethical or professional obligations. The opinion can help the official better understand the scope of their obligations, resolve any uncertainty and determine the appropriate course of action. It therefore remains relevant even when certain difficulties have already arisen.

Municipal Ethics and Professional Conduct: Preventing Risks Before They Arise

Can you participate in council deliberations or vote on a matter if you are a shareholder or a director of a company affected by the decision? Under what conditions may you engage in professional activities, own real estate or operate a business in addition to holding office as an elected official? Under what circumstances is it appropriate to accept an invitation, a gift or an act of hospitality?

At first glance, a legal opinion may seem like a significant expense; however, this cost must be evaluated in light of the consequences that a breach of professional conduct may entail.

If obtained at the right time, legal advice can help prevent investigations, litigation or scandals that result in significant costs. It may also, in particular, prevent situations in which an elected official is disqualified from holding office, as provided under sections 302 and following of the Act respecting elections and referendums in municipalities.

Section 35 of the MEGCA recognizes that elected officials must be able to obtain professional guidance as they seek to fulfill their ethical and professional obligations.

Given that elected officials bear significant responsibilities and that their decisions have a major impact on the community, seeking advice before taking action is often the most prudent and cost-effective course of action.

Coverage of legal fees is not, however, limited to preventive opinions. Did you know that recent amendments to section 604.6 of the Cities and Towns Act and section 711.19.1 of the Municipal Code of Québec allow, under certain circumstances, for the reimbursement of legal fees incurred by elected officials and municipal employees in connection with an investigation or preliminary inquiry related to the performance of their municipal duties?

Need Advice on Municipal Ethics and Professional Conduct?

Our lawyers who specialize in Municipal Law regularly assist elected officials. Whether it’s a matter of clarifying an obligation, preventing a violation or determining the appropriate course of action in a sensitive situation, they offer guidance tailored to the realities of the municipal environment.