312.1. The Superior Court may, on an application, if it considers it warranted in the public interest, declare provisionally incapable to perform any duty of office a member of the council of a municipality against whom proceedings have been brought for an offence under an Act of the Parliament of Québec or Canada that is punishable by a term of imprisonment of two years or more.
The application may be brought by the municipality, the Attorney General or any of the municipality’s electors. It is heard and decided by preference. Notice of the application is given to the Director of Criminal and Penal Prosecutions and to any other authority responsible for the proceedings on which the application is based, so that they may make representations concerning any order needed to protect the right to a fair trial in the context of those proceedings.
To assess whether it is warranted in the public interest, the court considers the connection between the alleged offence and the council member’s duties and the extent to which the alleged offence is likely to discredit the administration of the municipality.
2013, c. 3, s. 6; I.N. 2016-01-01 (NCCP).