E-15.1.0.1 - Municipal Ethics and Good Conduct Act

Section 6 Disposition versions

2022-05-05

6. The code of ethics and conduct must include rules prohibiting a member of a council of the municipality from

(0.1)  behaving in a disrespectful manner toward other members of the municipal council, municipal employees or citizens, in particular by using vexatious, denigrating or intimidating language, writings or gestures or any form of vexatious incivility;

(0.2)  behaving in a way that undermines the honour and dignity of the office of elected officer;

(1)  acting or attempting to act, or omitting to act, in any way, in carrying out the duties of office, so as to further his or her private interests or improperly further those of another person;

(2)  using his or her position to influence or attempt to influence another person’s decision so as to further his or her private interests or improperly further those of another person;

(2.1)  contravening sections 304 and 361 of the Act respecting elections and referendums in municipalities (chapter E-2.2);

(3)  soliciting, eliciting, accepting or receiving any benefit, whether for himself or herself or for another person, in exchange for taking a position on a matter that may be brought before a council, a committee or a commission on which the council member sits;

(4)  accepting any gift, hospitality or other benefit, whatever its value, that is offered by a supplier of goods or services or that may impair his or her independence of judgment in carrying out the duties of office, or that may compromise his or her integrity;

(5)  using the resources of the municipality or of any other body referred to in subparagraph 1 of the first paragraph of section 5 for personal purposes or for purposes other than activities related to the duties of office;

(6)  using or communicating, or attempting to use or communicate, whether during or after his or her term, information obtained in or in connection with the carrying out of the duties of office that is not generally available to the public so as to further his or her private interests or those of another person; and

(7)  within 12 months after the expiry of his or her term, serve as a director or officer or senior executive of a legal person or hold employment or any other position so as to obtain for himself or herself or another person undue benefit from his or her prior office as council member.

The rules must also require a member of a council of the municipality to file a disclosure statement in writing with the clerk or the clerk-treasurer of the municipality within 30 days after receiving a gift, hospitality or other benefit not prohibited under subparagraph 4 of the first paragraph that is not of a purely private nature and whose value exceeds the value specified in the code, which may not be greater than $200. The disclosure statement must contain an accurate description of the gift, hospitality or benefit received and specify the name of the donor and the date on which and the circumstances under which it was received.

The clerk or the clerk-treasurer keeps a public register in which such disclosure statements are recorded.

At the last regular council sitting in the month of December, the clerk or the clerk-treasurer tables an extract from the register containing the disclosure statements filed since the last sitting at which such an extract was tabled.

The code of ethics and conduct must include the obligation, for each member of the council in charge of office personnel, to see to it that the personnel members under his or her authority participate in the professional development program provided for in section 15.

2010, c. 27, s. 6; 2021, c. 31, s. 132; 2021, c. 31, s. 25.

2021-11-05

6. The code of ethics and conduct must include rules prohibiting a member of a council of the municipality from

(1)  acting or attempting to act, or omitting to act, in any way, in carrying out the duties of office, so as to further his or her private interests or improperly further those of another person;

(2)  using his or her position to influence or attempt to influence another person’s decision so as to further his or her private interests or improperly further those of another person;

(3)  soliciting, eliciting, accepting or receiving any benefit, whether for himself or herself or for another person, in exchange for taking a position on a matter that may be brought before a council, a committee or a commission on which the council member sits;

(4)  accepting any gift, hospitality or other benefit, whatever its value, that may impair his or her independence of judgment in carrying out the duties of office, or that may compromise his or her integrity;

(5)  using the resources of the municipality or of any other body referred to in subparagraph 1 of the first paragraph of section 5 for personal purposes or for purposes other than activities related to the duties of office;

(6)  using or communicating, or attempting to use or communicate, whether during or after his or her term, information obtained in or in connection with the carrying out of the duties of office that is not generally available to the public so as to further his or her private interests or those of another person; and

(7)  within 12 months after the expiry of his or her term, serve as a director or officer or senior executive of a legal person or hold employment or any other position so as to obtain for himself or herself or another person undue benefit from his or her prior office as council member.

The rules must also require a member of a council of the municipality to file a disclosure statement in writing with the clerk or the clerk-treasurer of the municipality within 30 days after receiving a gift, hospitality or other benefit not prohibited under subparagraph 4 of the first paragraph that is not of a purely private nature and whose value exceeds the value specified in the code, which may not be greater than $200. The disclosure statement must contain an accurate description of the gift, hospitality or benefit received and specify the name of the donor and the date on which and the circumstances under which it was received.

The clerk or the clerk-treasurer keeps a public register in which such disclosure statements are recorded.

At the last regular council sitting in the month of December, the clerk or the clerk-treasurer tables an extract from the register containing the disclosure statements filed since the last sitting at which such an extract was tabled.

2010, c. 27, s. 6; 2021, c. 31, s. 132.

2010-12-02

6. The code of ethics and conduct must include rules prohibiting a member of a council of the municipality from

(1)  acting or attempting to act, or omitting to act, in any way, in carrying out the duties of office, so as to further his or her private interests or improperly further those of another person;

(2)  using his or her position to influence or attempt to influence another person’s decision so as to further his or her private interests or improperly further those of another person;

(3)  soliciting, eliciting, accepting or receiving any benefit, whether for himself or herself or for another person, in exchange for taking a position on a matter that may be brought before a council, a committee or a commission on which the council member sits;

(4)  accepting any gift, hospitality or other benefit, whatever its value, that may impair his or her independence of judgment in carrying out the duties of office, or that may compromise his or her integrity;

(5)  using the resources of the municipality or of any other body referred to in subparagraph 1 of the first paragraph of section 5 for personal purposes or for purposes other than activities related to the duties of office;

(6)  using or communicating, or attempting to use or communicate, whether during or after his or her term, information obtained in or in connection with the carrying out of the duties of office that is not generally available to the public so as to further his or her private interests or those of another person; and

(7)  within 12 months after the expiry of his or her term, serve as a director or officer or senior executive of a legal person or hold employment or any other position so as to obtain for himself or herself or another person undue benefit from his or her prior office as council member.

The rules must also require a member of a council of the municipality to file a disclosure statement in writing with the clerk or the secretary-treasurer of the municipality within 30 days after receiving a gift, hospitality or other benefit not prohibited under subparagraph 4 of the first paragraph that is not of a purely private nature and whose value exceeds the value specified in the code, which may not be greater than $200. The disclosure statement must contain an accurate description of the gift, hospitality or benefit received and specify the name of the donor and the date on which and the circumstances under which it was received.

The clerk or the secretary-treasurer keeps a public register in which such disclosure statements are recorded.

At the last regular council sitting in the month of December, the clerk or the secretary-treasurer tables an extract from the register containing the disclosure statements filed since the last sitting at which such an extract was tabled.

2010, c. 27, s. 6.