I’ve been asked this question several times recently. Obviously, I don’t specialize in municipal law, so do your own research. On the face of it, I do believe that an elected official should withdraw as soon as there is the slightest risk of a conflict of interest. Of course, a conflict of interest arises when the elected official has a personal interest or risk in a matter. In such a case, in my opinion, the elected official must abstain from voting on the decision. For example, a decision has to be made concerning the street on which he lives. This decision will have a direct impact on the elected representative, since he or she lives on the street. The decision is likely to impact the quality of life or even change the value of his or her home. Basically, I think it’s necessary for the elected representative to exclude himself or herself from the vote and debates to avoid influencing the decision.
Just for fun, I asked Chatgpt what he thought.
I asked him the following question:
Can an elected municipal official in Quebec vote on a decision concerning the street where he lives?
Short answer:
No, he shouldn’t if there’s a real or apparent conflict of interest. The Act respecting ethics and professional conduct in municipal matters requires elected municipal officials to withdraw from any discussion or vote when their personal interests are at stake.
Legal references :
The main rule comes from :
- Act respecting ethics and professional conduct in municipal matters (LEEMM).
- Quebec Municipal Code or Cities and Towns Act, depending on the municipality.
Article 6 of the LEEMM:
“A member of the municipal council must abstain from sitting or voting on a question when he knows or should know that it involves his personal interest, distinct from that of the citizens.”
Home street: possible conflict of interest
If a decision directly concerns the street where an elected official lives, and could have an impact on his or her property value, access, immediate environment or quality of life, there is a risk of conflict of interest.
Concrete examples:
- Redevelopment or repair of the street in front of your home.
- Installation of a bike path, parking lot or traffic light right in front of your home.
- Real estate development project that would alter the immediate neighborhood.
Redevelopment or repair of the street in front of your home.
- Installation of a bike path, parking lot or traffic light right in front of your home.
- Real estate development project that would alter the immediate neighborhood.
Please note:
- The withdrawal must be recorded in the minutes.
- An elected official who fails to step down may face a complaint to the Commission municipale du Québec (CMQ), which can lead to :
- Administrative or disciplinary sanctions.
- A suspension.
- A declaration of disqualification.
- Administrative or disciplinary sanctions.
In a nutshell:
An elected official may not vote on a decision affecting his or her home street if he or she derives personal advantage or disadvantage from it. He must withdraw to respect his duty of ethics and avoid any appearance of partiality.
Ultimately, all this is logical and natural. Anyone who is supposedly concerned by and impacted by a City Council decision must step aside.
On that note, I’m sure our elected officials are well aware of the laws and regulations, and act with prudence, transparency and integrity at all times.
