E-2.2, r. 2 - Regulation respecting the tariff of remuneration payable for municipal elections and referendums

Full text
chapter E-2.2, r. 2
Regulation respecting the tariff of remuneration payable for municipal elections and referendums
ELECTIONS AND REFERENDUMS — TARIFF OF REMUNERATION PAYABLE
Act respecting elections and referendums in municipalities
(chapter E-2.2, s. 580).
E-2.2
January 1 2016
The amounts prescribed in the Regulation have been indexed from the fiscal year 2019 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 19 January 2019, page 107. (ss. 1 to 3, 23 to 25, 30, 31). (Effect from 1 January 2019.)
DIVISION 0.I
DEFINITION
2017M.O. 2017, s. 1.
0.1. In this Regulation, unless the context indicates otherwise, minimum wage means the minimum wage provided for in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3).
2017M.O. 2017, s. 1.
DIVISION I
REMUNERATION PAYABLE FOR AN ELECTION
§ 1.  — Returning officer
1. Where a poll is held, a returning officer shall be entitled to receive remuneration of $554 for the duties he carries out to hold the poll.
M.O. 88-10-13, s. 1; M.O. 2005-10-06, s. 1; M.O. 2008-07-17, s. 1; 2017M.O. 2017, s. 2.
2. Where an advance poll is held, a returning officer shall be entitled to receive remuneration of $369 for the duties he carries out to hold the advance poll.
That remuneration shall be $738 where the advance poll is held for 2 days.
M.O. 88-10-13, s. 2; M.O. 2005-10-06, s. 2; M.O. 2008-07-17, s. 2; 2017M.O. 2017, s. 3.
3. For all of his other duties, a returning officer shall be entitled to receive the following remuneration:
(1)  where a list of electors has been prepared and revised for the election, the greater of $554 and the sum obtained by multiplying the number of electors entered on the list on the date of its coming into force by the following amounts:
(a)  $0.419 for each of the first 2,500 electors;
(b)  $0.127 for each of the next 22,500 electors;
(c)  $0.045 for each of the remainder;
(2)  where no list of electors has been prepared and where the list of electors that already exists has been revised for the election, the greater of $329 and the sum obtained by multiplying the number of electors entered on the list on the date of its coming into force by the following amounts:
(a)  $0.251 for each of the first 2,500 electors;
(b)  $0.073 for each of the next 22,500 electors;
(c)  $0.025 for each of the remainder;
(3)  where a list of electors has been prepared but has not been revised for the election, the greater of $329 and the sum obtained by multiplying the number of electors entered on the list on the date of its coming into force by the following amounts:
(a)  $0.251 for each of the first 2,500 electors;
(b)  $0.073 for each of the next 22,500 electors;
(c)  $0.025 for each of the remainder;
(4)  where no list of electors has been prepared and where the list of electors that already exists has not been revised for the election, the greater of $114 and the sum obtained by multiplying the number of electors entered on the list on the date of its coming into force by the following amounts:
(a)  $0.079 for each of the first 2,500 electors;
(b)  $0.023 for each of the next 22,500 electors;
(c)  $0.009 for each of the remainder.
M.O. 88-10-13, s. 3; M.O. 2005-10-06, s. 3; M.O. 2008-07-17, s. 3; 2017M.O. 2017, s. 4.
4. For the application of section 3:
(1)  in the case of a municipality whose territory is divided into districts or wards, except where the office of mayor or all the offices of councillor are open for nominations, the list of electors of the municipality is deemed to be that of the district or ward in which an office of councillor is open for nominations or, as the case may be, all of those districts of wards;
(2)  the list of electors of a municipality referred to in paragraph 1 is deemed prepared or revised for the election where the lists of one-half or more of the districts or wards, or one-half or more of those referred to in that paragraph where it does not involve an election for the office of mayor or for all the offices of councillor, are prepared or revised;
(3)  a list is not deemed revised where its revision has been interrupted.
M.O. 88-10-13, s. 4.
§ 2.  — Election clerk
5. An election clerk is entitled to receive remuneration equal to three-quarters of that of the returning officer.
M.O. 88-10-13, s. 5.
§ 3.  — Assistant to the returning officer
6. Every assistant to the returning officer is entitled to receive remuneration equal to one-half of that of the returning officer.
M.O. 88-10-13, s. 6.
§ 4.  — Other election officers 
M.O. 88-10-13, Sd. 4; 2017M.O. 2017, s. 5.
7. The secretary and every member of a board of revisors of the list of electors are entitled to receive remuneration equal to the minimum wage, increased by a factor of 1.4, for each hour during which they carry out their duties.
M.O. 88-10-13, s. 7; M.O. 2005-10-06, s. 4; M.O. 2008-07-17, s. 4; 2017M.O. 2017, s. 6.
7.1. Every deputy returning officer and every officer in charge of information and order are entitled to receive remuneration equal to the minimum wage, increased by a factor of 1.25, for each hour during which they carry out their duties.
2017M.O. 2017, s. 6.
7.2. The poll clerk and every revising officer to a board of revisors of the list of electors are entitled to receive remuneration equal to the minimum wage, increased by a factor of 1.2, for each hour during which they carry out their duties.
2017M.O. 2017, s. 6.
7.3. The chair and every member of an identity verification panel are entitled to receive remuneration equal to the minimum wage for each hour during which they carry out their duties.
2017M.O. 2017, s. 6.
8. (Revoked).
M.O. 88-10-13, s. 8; M.O. 2005-10-06, s. 5; M.O. 2008-07-17, s. 5; 2017M.O. 2017, s. 7.
9. (Revoked).
M.O. 88-10-13, s. 9; M.O. 2005-10-06, s. 6; M.O. 2008-07-17, s. 6; 2017M.O. 2017, s. 7.
10. (Revoked).
M.O. 88-10-13, s. 10; M.O. 2005-10-06, s. 7; M.O. 2008-07-17, s. 7; 2017M.O. 2017, s. 7.
§ 5.  — 
(Revoked).
M.O. 88-10-13, Sd. 5; 2017M.O. 2017, s. 8.
11. (Revoked).
M.O. 88-10-13, s. 11; M.O. 2005-10-06, s. 8; M.O. 2008-07-17, s. 8; 2017M.O. 2017, s. 8.
12. (Revoked).
M.O. 88-10-13, s. 12; M.O. 2005-10-06, s. 9; M.O. 2008-07-17, s. 9; 2017M.O. 2017, s. 8.
13. (Revoked).
M.O. 88-10-13, s. 13; M.O. 2005-10-06, s. 10; M.O. 2008-07-17, s. 10; 2017M.O. 2017, s. 8.
14. (Revoked).
M.O. 88-10-13, s. 14; M.O. 2005-10-06, s. 11; M.O. 2008-07-17, s. 11; 2017M.O. 2017, s. 8.
§ 6.  — 
(Revoked).
M.O. 88-10-13, Sd. 6; 2017M.O. 2017, s. 8.
15. (Revoked).
M.O. 88-10-13, s. 15; M.O. 2005-10-16, s. 12; M.O. 2008-07-17, s. 12; 2017M.O. 2017, s. 8.
16. (Revoked).
M.O. 88-10-13, s. 16; M.O. 2005-10-06, s. 13; M.O. 2008-07-17, s. 13; 2017M.O. 2017, s. 8.
§ 7.  — 
(Revoked)
M.O. 88-10-13, Sd. 7; M.O. 98-06-18, s. 1.
17. (Revoked).
M.O. 88-10-13, s. 17; M.O. 98-06-18, s. 1.
§ 8.  — 
(Revoked)
M.O. 88-10-13, Sd. 8; M.O. 98-06-18, s. 1.
18. (Revoked).
M.O. 88-10-13, s. 18; M.O. 98-06-18, s. 1.
19. (Revoked).
M.O. 88-10-13, s. 19; M.O. 98-06-18, s. 1.
§ 9.  — 
(Revoked).
M.O. 88-10-13, Sd. 9; 2017M.O. 2017, s. 8.
20. (Revoked).
M.O. 88-10-13, s. 20; M.O. 2005-10-06, s. 14; M.O. 2008-07-17, s. 14; 2017M.O. 2017, s. 8.
§ 10.  — 
(Revoked).
M.O. 88-10-13, Sd. 10; 2017M.O. 2017, s. 8.
21. (Revoked).
M.O. 88-10-13, s. 21; M.O. 2005-10-06, s. 15; M.O. 2008-07-17, s. 15; 2017M.O. 2017, s. 8.
§ 11.  — 
(Revoked).
M.O. 98-06-18, s. 2; 2017M.O. 2017, s. 8.
22. (Revoked).
M.O. 88-10-13, s. 22; M.O. 98-06-18, s. 3; M.O. 2005-10-06, s. 16; 2017M.O. 2017, s. 8.
§ 12.  — 
(Revoked).
M.O. 2005-10-06, s. 17; 2017M.O. 2017, s. 8.
22.1. (Revoked).
M.O. 2005-10-06, s. 17; M.O. 2008-07-17, s. 16; 2017M.O. 2017, s. 8.
22.2. (Revoked).
M.O. 2005-10-06, s. 17; Erratum, 2005 G.O. 2, 4801; M.O. 2008-07-17, s. 17; 2017M.O. 2017, s. 8.
§ 13.  — 
(Revoked).
M.O. 2005-10-06, s. 17; 2017M.O. 2017, s. 8.
22.3. (Revoked).
M.O. 2005-10-06, s. 17; M.O. 2008-07-17, s. 18; 2017M.O. 2017, s. 8.
22.4. (Revoked).
M.O. 2005-10-06, s. 17; M.O. 2008-07-17, s. 19; 2017M.O. 2017, s. 8.
DIVISION II
REMUNERATION PAYABLE FOR A REFERENDUM
§ 1.  — Clerk or secretary-treasurer
23. In the case of a referendum poll, the clerk or secretary-treasurer or the person replacing him is entitled to receive remuneration of $554 for the duties he carries out to hold the poll.
M.O. 88-10-13, s. 23; M.O. 2005-10-06, s. 18; M.O. 2008-07-17, s. 20; 2017M.O. 2017, s. 9.
24. In the case of a referendum advance poll, the clerk or secretary-treasurer or the person replacing him is entitled to receive remuneration of $369 for the duties he carries out to hold the advance poll.
That remuneration shall be $737 where the advance poll lasts 2 days.
M.O. 88-10-13, s. 24; M.O. 2005-10-06, s. 19; M.O. 2008-07-17, s. 21; 2017M.O. 2017, s. 10.
25. For all of his other referendum duties, the clerk or secretary-treasurer of the person replacing him is entitled to receive the following remuneration:
(1)  where a referendum list is prepared and revised at the referendum, the greater of $554 and the sum obtained by multiplying the number of persons qualified to vote entered on the list on the date of its coming into force by the following amounts:
(a)  $0.419 for each of the first 2,500 persons qualified to vote;
(b)  $0.127 for each of the next 22,500 persons qualified to vote;
(c)  $0.045 for each of the remainder;
(2)  where no referendum list has been prepared and where the list that already exists has been revised for the referendum, the greater of $329 and the sum obtained by multiplying the number of persons qualified to vote entered on the list on the date of its coming into force by the following amounts:
(a)  $0.251 for each of the first 2,500 persons qualified to vote;
(b)  $0.073 for each of the next 22,500 persons qualified to vote;
(c)  $0.025 for each of the remainder;
(3)  where a referendum list has been prepared but has not been revised for the referendum, the greater of $329 and the sum obtained by multiplying the number of persons qualified to vote entered on the list on the date of its coming into force by the following amounts:
(a)  $0.251 for each of the first 2,500 persons qualified to vote;
(b)  $0.073 for each of the next 22,500 persons qualified to vote;
(c)  $0.025 for each of the remainder;
(4)  where no referendum list has been prepared and where the list that already exists has not been revised for the referendum, the greater of $114 and the sum obtained by multiplying the number of persons qualified to vote entered on the list on the date of its coming into force by the following amounts:
(a)  $0.079 for each of the first 2,500 persons qualified to vote;
(b)  $0.023 for each of the next 22,500 persons qualified to vote;
(c)  $0.009 for each of the remainder.
M.O. 88-10-13, s. 25; M.O. 2005-10-06, s. 20; M.O. 2008-07-17, s. 22; 2017M.O. 2017, s. 11.
26. For the application of section 25, the referendum list is not deemed to be revised if its revision has been interrupted.
M.O. 88-10-13, s. 26.
§ 2.  — Person in charge of the register and his assistant
27. Any person in charge of the register and his assistant who is an officer of the municipality is entitled to receive remuneration for each hour during which he carries out his duties as person in charge of the register or assistant thereto outside his regular hours of work as officer; the remuneration shall be equal to his hourly remuneration as an officer.
For any fraction of an hour, he shall be entitled to proportional remuneration.
M.O. 88-10-13, s. 27.
28. Any person in charge of the register or his assistant who is not an officer of the municipality is entitled to receive remuneration equal to the minimum wage, increased by a factor of 1.2, for each hour during which he carries out his duties.
M.O. 88-10-13, s. 28; M.O. 2005-10-06, s. 21; 2017M.O. 2017, s. 12.
§ 3.  — Other persons carrying out referendum duties
29. Sections 5 to 7.3 apply to persons who, at a referendum, carry out the duties corresponding to those referred to in those sections.
For that application:
(1)  election means the referendum;
(2)  returning officer means the clerk or secretary-treasurer or the person replacing him;
(3)  (paragraph revoked);
(4)  (paragraph revoked).
M.O. 88-10-13, s. 29; M.O. 98-06-18, s. 4; 2017M.O. 2017, s. 13.
DIVISION III
REMUNERATION PAYABLE TO THE TREASURER
30. The treasurer of a municipality to whom Divisions II to IX of Chapter XIII of Title I of the Act respecting elections and referendums in municipalities (chapter E-2.2) apply is entitled to receive, for the duties he carries out with respect to returns of election expenses and financial reports he receives, the following remuneration:
(1)  $75 for each return of election expenses of an authorized independent candidate plus 1% of the election expenses declared in the return;
(2)  for the return of election expenses of an authorized party: $28 per candidate of the party in the election plus 1% of the election expenses declared in the return;
(3)  $35 for each financial report of an authorized independent candidate;
(4)  $145 for each financial report of an authorized party.
The remuneration of the treasurer must not exceed $10,340.
M.O. 88-10-13, s. 30; M.O. 2005-10-06, s. 22; M.O. 2008-07-17, s. 23; 2017M.O. 2017, s. 14.
31. The treasurer referred to in section 30 is entitled, for all the other duties he carries out at an election, to remuneration equal to the sum obtained by multiplying the number of candidates in that election by the following amounts:
(1)  $13 for each authorized independent candidate;
(2)  $6 for each candidate of an authorized party.
M.O. 88-10-13, s. 31; M.O. 2005-10-06, s. 23; M.O. 2008-07-17, s. 24.
DIVISION IV
REMUNERATION FOR ATTENDANCE AT A TRAINING SESSION
32. Any person referred to in Divisions I and II, except the clerk or the secretary-treasurer or the person replacing him, the returning officer, the election clerk and the deputy returning officer and any person carrying out at a referendum the duties corresponding to the duties of the latter 2, is entitled to receive remuneration for his attendance at any training session held by the clerk or secretary-treasurer, the person replacing him or the returning officer or by any person designated by him. The remuneration is equal to the remuneration provided for in any of sections 7 to 7.3, as the case may be, for each hour of training.
M.O. 88-10-13, s. 32; M.O. 2005-10-06, s. 24; M.O. 2008-07-17, s. 25; 2017M.O. 2017, s. 15.
DIVISION V
COMBINATION OF DUTIES
33. Any person who, during an election or a referendum, combines duties entitling to remuneration pursuant to more than one subdivision of Division I or II is entitled to the greater remuneration only.
M.O. 88-10-13, s. 33.
DIVISION VI
COMING INTO FORCE
34. (Omitted).
M.O. 88-10-13, s. 34.
REFERENCES
M.O. 88-10-13, 1988 G.O. 2, 3770
M.O. 98-06-18, 1998 G.O. 2, 2645
M.O. 2005-10-06, 2005 G.O. 2, 4513 and 4801
M.O. 2008-07-17, 2008 G.O. 2, 3115
S.Q. 2008, c. 11, s. 213
M.O. 2017, 2017 G.O. 2, 2686