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C-27.1 - Municipal Code of Québec

Section 1082
Disposition versions

Full text
1082. A member of the council who, knowingly, by his vote or otherwise, authorizes the municipality to contract, or contracts himself on behalf of the latter, a loan exceeding the approved amount or a loan that has not received one or another of the approvals contemplated in this Title when such approval is required by law, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.
The liability provided in the first paragraph is joint and several and it applies to every officer of the municipality who knowingly is a party to the unlawful act.
Proceedings for the declaration of disqualification shall be taken in accordance with subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
M.C. 1916, a. 772; 1975, c. 82, s. 38; 1977, c. 53, s. 49; 1987, c. 57, s. 768; 1996, c. 2, s. 455; 1999, c. 40, s. 60; 2014, c. 1, s. 780.
1082. A member of the council who, knowingly, by his vote or otherwise, authorizes the municipality to contract, or contracts himself on behalf of the latter, a loan exceeding the approved amount or a loan that has not received one or another of the approvals contemplated in this Title when such approval is required by law, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.
The liability provided in the first paragraph is joint and several and it applies to every officer of the municipality who knowingly is a party to the unlawful act.
Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
M.C. 1916, a. 772; 1975, c. 82, s. 38; 1977, c. 53, s. 49; 1987, c. 57, s. 768; 1996, c. 2, s. 455; 1999, c. 40, s. 60.
1082. A member of the council who, knowingly, by his vote or otherwise, authorizes the municipality to contract, or contracts himself on behalf of the latter, a loan exceeding the approved amount or a loan that has not received one or another of the approvals contemplated in this Title when such approval is required by law, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the municipality for any loss or damage it may have suffered.
The liability provided in the first paragraph is joint and several and it applies to every officer of the municipality who knowingly is a party to the unlawful act.
Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); those for indemnity for loss or damages, by ordinary action. Any ratepayer may exercise such recourses.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
M.C. 1916, a. 772; 1975, c. 82, s. 38; 1977, c. 53, s. 49; 1987, c. 57, s. 768; 1996, c. 2, s. 455.
1082. A member of the council who, knowingly, by his vote or otherwise, authorizes the corporation to contract, or contracts himself on behalf of the latter, a loan exceeding the approved amount or a loan that has not received one or another of the approvals contemplated in this Title when such approval is required by law, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the corporation for any loss or damage it may have suffered.
The liability provided in the first paragraph is joint and several and it applies to every officer of the corporation who knowingly is a party to the unlawful act.
Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); those for indemnity for loss or damages, by ordinary action. Any ratepayer may exercise such recourses.
Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).
M.C. 1916, a. 772; 1975, c. 82, s. 38; 1977, c. 53, s. 49; 1987, c. 57, s. 768.
1082. A member of the council who, knowingly, by his vote or otherwise, authorizes the corporation to contract, or contracts himself on behalf of the latter, a loan exceeding the approved amount or a loan that has not received one or another of the approvals contemplated in this Title when such approval is required by law, may be declared disqualified to hold any municipal office for two years and may be held personally liable to the corporation for any loss or damage it may have suffered.
The liability provided in the first paragraph is joint and several and it applies to every officer of the corporation who knowingly is a party to the unlawful act.
Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); those for indemnity for loss or damages, by ordinary action. Any ratepayer may exercise such recourses.
M.C. 1916, a. 772; 1975, c. 82, s. 38; 1977, c. 53, s. 49.
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