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This section explains how to proceed if you are not satisfied with services you have received, if you believe that your rights have not been respected or if you want to contest a decision. In any event, it is crucial that you act quickly: there are often deadlines for filing a complaint.
If your complaint involves…
A Québec government department or agency
| What should I do if I am not satisfied with services or treatment I received? |
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| • Use the complaints mechanism put into place by the department or public agency in question. Consult their website to learn more about their complaints mechanism. • If you were treated unfairly or incorrectly, you can also file a complaint with the Québec Ombudsman. The Québec Ombudsman is an independent and impartial body that ensures citizens’ rights are respected. The Ombudsman’s services are free of charge, and your file will be handled in complete confidentiality. • The office of the Ombudsman must inform you of its findings and provide the reasons for any decision it makes regarding your complaint. Complaints to the Ombudsman are generally reviewed within 10 business days after receipt of all the necessary documents. • If the Ombudsman finds that an error or injustice was committed against you, it will make recommendations to the authorities in question so that they can take corrective measures quickly. |
| How do I contest a decision made by a government department, ministry or public agency? |
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| • Several Québec government departments and agencies provide a decision review process. Read over the decision carefully. The nature of your recourse and the time limits that must be respected are usually included in it. Above all, act promptly! The process of contesting a decision must take place within a few weeks. Check with the department or agency in question for more information. • If, following the review process, you still believe you have been unjustly treated, you may contest the review decision with the Tribunal administratif du Québec (TAQ) [Québec administrative tribunal], within 60 days of the decision. • The TAQ will hold a hearing where you may present your evidence and arguments. You may hire a lawyer to assist or represent you. After the hearing, the TAQ has a maximum of 3 months in which to render its decision. It may modify, overturn, or maintain the decision you are contesting. In principle, the TAQ’s decision is final and without appeal. • If you want to contest a decision made by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) [labour standards, pay equity and workplace health and safety board], contact the Tribunal administratif du travail (TAT) or file the Contestation Form. |
A federal government department or agency
| How to proceed |
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| • You have the right to file a complaint if you believe that your rights under the Canadian Victims Bill of Rights have been breached by a federal department or agency. Each of the following departments or agencies have an internal complaint mechanism accessible: - Correctional Service Canada - Parole Board of Canada - National Office for Victims of Public Safety Canada - Public Prosecution Service of Canada - Department of Justice Canada and Policy Centre for Victim Issues - Royal Canadian Mounted Police - Canada Border Services Agency • All of these departments and agencies are obligated to inform you of the result of their review and, if necessary, to recommend appropriate remedial measures. |
| What should you do if you are not satisfied with the response? |
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The Direction de l'indemnisation des victimes d'actes criminels (IVAC)
| What should I do if I am not satisfied with services or treatment I received? |
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| • Email your questions and comments to IVAC’s client services department or call 1-800-561-4822 (toll free). You can also contact the person in charge of your file. • If you are not satisfied after taking this initial step, you can file a complaint with the complaints department of the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) [labour standards, pay equity and workplace health and safety board]. The Direction de l’IVAC is a division of the CNESST. • If you are still dissatisfied with the results, contact the Québec Ombusdman. |
| How can I contest a decision made by the Direction de l'IVAC? |
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| • You can submit an application for reconsideration to the Bureau de la révision administrative IVAC/Civisme if the decision concerns one of the following topics: - Medical aid; - Eligibility for rehabilitation services; - Collection of an overpayment by the Direction de l’IVAC. • Your application must be submitted in writing. You can use the Application for Reconsideration form. Your application must be filed within 30 days of the date of the decision. Administrative reconsideration decisions are final and cannot be appealed. • You can submit a review application to the Bureau de la révision administrative IVAC/Civisme for a decision concerning the following: - Eligibility for the IVAC compensation plan; - Temporary total disability; - Permanent disability; - Duration of indemnities; - Amount of indemnities; - The right of the victim’s family or friends to indemnities. • Your application must be submitted in writing. You can use the Application for Review form. Your application must be filed within 30 days of the date of the decision. However, the time limit is 90 days for decisions regarding permanent disability. • Once the Bureau de la révision administrative IVAC/Civisme has received your application, it will assess your case. It may confirm, overrule, or change the contested decision. The Bureau must generally render a decision in writing, including the reasons for the decision, within 90 days. You will receive a copy by mail. • Administrative review decisions can be appealed to the Tribunal administratif du Québec (TAQ) [Québec administrative tribunal]. You must submit an application to the TAQ explaining the grounds for your appeal and the results you are seeking. You must submit your application within 60 days of receiving the decision. If you send your application by mail, be sure to take delivery time into account. • Within a reasonable period of time, the TAQ will hold a hearing where you may present your evidence and arguments. You may hire a lawyer to assist or represent you. After the hearing, the TAQ has a maximum of 3 months to render its decision. It may modify, overturn, or maintain the decision you are contesting. The TAQ’s decisions are generally considered final and cannot be appealed. |
A police officer
| How to proceed |
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| What will the Commissaire do on receiving my complaint? |
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- close the file - call for an inquiry to be held - opt for conciliation. |
| What can I do if the Commissaire decides to close the file? |
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| What should I do if I have a complaint that concerns the Royal Canadian Mounted Police (RCMP)? |
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- receiving complaints from the public concerning the conduct of members of the RCMP; - conducting a review when complainants are unsatisfied with the RCMP’s handling of their complaints; - holding hearings and conducting investigations; - formulating conclusions and recommendations. |
A criminal and penal prosecuting attorney
| How to proceed |
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| Contact the chief prosecutor of the regional office of the concerned prosecuting attorney. The chief prosecutor will examine your complaint to determine if it is well founded. He or she must reply within a reasonable period of time and take any necessary measures to improve the quality of services. |
| What should you do if you are not satisfied with the response of the chief prosecutor? |
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| • You can file a complaint with the person responsible for complaints at the Office of the Director of Criminal and Penal Prosecutions by completing the required form (in French only). • The Office of the Director will examine the reasons for your dissatisfaction with the chief prosecutor’s response and must provide a clear and personalised response within 30 working days. |
| What should I do if I believe that the prosecutor has committed ethical misconduct? |
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| Contact the Office of the syndic of the Barreau du Québec. See the next heading If your complaint involves a lawyer to learn more. |
A lawyer
| What should I do if I believe that a lawyer has committed ethical misconduct? |
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| If you believe that a lawyer has committed a violation of professional ethics or a professional error, you may either: 1- Contact the Office of the syndic of the Barreau du Québec. 2- File a private complaint. The procedure is described below. |
| What will the Office of the syndic do on receiving my complaint? |
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| • If you report misconduct, the Office of the syndic can investigate and, if there are grounds, bring a complaint against the professional before the Disciplinary Council. The investigation is usually completed in less than 90 days, depending on the nature of the complaint. • If the complaint reaches the Disciplinary Council, it is the Office of the syndic who will make representations, not you. You can make an anonymous report, but your identity could be revealed depending on the circumstances, out of respect for the professional’s right to present a full answer and defence. • Note that a complaint filed with the Office of the syndic of the Barreau du Québec cannot be used to obtain financial compensation for damages caused by your lawyer’s professional negligence. In such a case, you should instead address yourself to the Barreau du Québec’s Professional Liability Insurance Fund. |
| What can I do if the Disciplinary Council confirms the Office of the syndic’s decision not to lodge a complaint? |
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| • You can ask the Review Committee to review the decision. You must submit a request for review within 30 days of receiving the Office of the syndic’s decision. • The Review Committee will examine the case and hear your arguments and those of the Office of the syndic. It renders its decision within 3 months of receiving your request for review. The Committee will either: - conclude that there are no grounds for filing a complaint with the Disciplinary Council; - send the case back to the Office of the syndic to complete its investigation; - suggest to the Office of the syndic that the file be sent to the Professional Inspection Committee; - conclude that there are grounds for filing a complaint with the Disciplinary Council. • If the Review Committee upholds the Office of the syndic’s initial decision not to file a complaint, you can file what is called a “private complaint.” This procedure is explained in the answer to the next question below. |
| What is a private complaint? |
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A judge
| What is the procedure for filing a complaint against a provincially appointed judge? |
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| What is the procedure for filing a complaint against a federally appointed judge? |
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| If your complaint involves a judge of the Superior Court or the Court of Appeal, contact the Canadian Judicial Council. Click here to find out how to proceed. You may file a complaint against a judge if you believe that a judge has said or done something contrary to the rules of conduct for judges set out in their code of ethics. |
| What is the procedure for filing a complaint against an administrative judge? |
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| If your complaint involves a judge of the Tribunal administratif du Québec or of the Tribunal administratif du travail, contact the Conseil de la justice administrative. Click here to find out how to proceed. |
A member of a Québec professional order
| How to proceed |
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| Contact the office of the syndic of the professional order of which the professional is a member or the Office des professions du Québec, which can help you determine what steps to take or recourse to pursue. |
| What will the office of the syndic do on receiving my complaint? |
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| • If you report misconduct, the office of the syndic can investigate and, if there are grounds, bring a complaint against the professional before a disciplinary council. The investigation is usually completed in less than 90 days, depending on the nature of the complaint. • If the complaint reaches the disciplinary council, it is the office of the syndic who will make representations, not you. You can make an anonymous report, but your identity could be revealed depending on the circumstances, out of respect for the professional’s right to present a full answer and defence. |
| What can I do if the disciplinary council confirms the office of the syndic’s decision not to lodge a complaint? |
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| • You can ask the review committee of the professional order to review the decision. You must submit a request for review within 30 days of receiving the office of the syndic’s decision. • The review committee will examine the case and hear your arguments and those of the office of the syndic. It renders its decision within 3 months of receiving your request for review. The committee will either: - conclude that there are no grounds for filing a complaint with the disciplinary council; - send the case back to the office of the syndic to complete its investigation; - conclude that there are grounds for filing a complaint with the disciplinary council. • If the review committee upholds the office of the syndic’s initial decision not to file a complaint, you can file what is called a “private complaint.” This procedure is explained in the answer to the next question below. |
| What is a private complaint? |
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A health and social services institution
| How to proceed |
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| What should you do if you are not satisfied with the response? |
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A health professional practising in a health and social services institution
| How to proceed |
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| What should you do if you are not satisfied with the response? |
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Discrimination, exploitation or harassment based on one of the prohibited grounds stipulated by the Charter of Human Rights and Freedoms
| How to proceed |
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- suggest that the parties participate in arbitration or mediation; - propose corrective measures (such as a discrimination awareness activity or financial compensation); - institute court proceedings on your behalf. |
| What can I do if the CDPDJ decides to close the file? |
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An employer
| How to proceed |
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| • In case of disagreement with your employer, try to meet with him or her to find a solution. • If this does not resolve the situation, file a complaint with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) [labour standards, pay equity and workplace health and safety board] as soon as possible. You may, for example, file a complaint with the CNESST if your employer engaged in practices prohibited under the Act Respecting Labour Standards, such as refusing to grant you leave without pay, to which you were entitled as a victim of crime. • If you are an employee of a federal business such as a bank, telecommunications carrier, or certain transportation services, the applicable labour standards are set out in the Canada Labour Code. For general information on federal labour standards and the related complaints process, you may contact Employment and Social Development Canada’s Labour Program. |
A company or representative registered with the Autorité des marchés financiers (financial markets authority)
| How to proceed |
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| • You can file a complaint with the company in question or against the representative who sold you or recommended a financial product, using the complaint mechanism provided by the company. • If you are still not satisfied, you can ask the company to transfer your complaint file to the Autorité des marchés financiers [financial markets authority]. To this end, complete and send them the file transfer form. • You can also contact the Autorité directly, by completing and sending them the provided complaint or report form. |