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C-27.1 - Municipal Code of Québec
Section 1094
Disposition versions
1094. (1) Every municipality may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(a.1) to order a loan,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish two or all of the above operations.
In the case of subparagraph b of the first paragraph, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of subparagraph c of the first paragraph, if the operation provided for in subparagraph b of the first paragraph is accomplished, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
The by-law ordering a loan to constitute or increase the amount of the working fund must, for the repayment of the loan, prescribe the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax based on the municipal valuation on all the taxable immovables in the territory of the municipality, and indicate the term of the loan, which must not exceed 10 years. However, if such a by-law is adopted by the council of a regional county municipality, the by-law, instead of prescribing the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax, must stipulate that the repayment of the loan is to be charged to all the municipalities in the territory of the regional county municipality, according to their respective standardized property values within the meaning of section 261.1 of the Act respecting municipal taxation (chapter F‐2.1).
Only a local municipality may impose a tax under subparagraph b of the first paragraph.
(1.1) In no case may the amount of the fund exceed 20% of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The municipality may borrow from the working fund pending the collection of revenues, or in order to pay all or part of an expense resulting from the implementation of a departure incentive program for the officers and employees of the municipality or to pay a capital expenditure. The resolution authorizing the loan must specify the term of repayment, which may not exceed one year, five years or ten years, depending on the purpose of the loan.
(2.1) (Subarticle replaced).
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working fund and the compensatory sum provided for in article 1094.0.3 or 1094.0.7 are appropriated as ordinary revenue for the fiscal year in which the interest is earned and the sum collected.
(4.1) If the working fund is abolished, the moneys available in it must be used to repay any loan contracted to constitute or increase the amount of the fund before they may be paid into the general fund.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund or its capital endowment for an amount exceeding the percentage prescribed in subarticle 1.1;
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
(c) the use of the available moneys, if the working fund is abolished, otherwise than in the manner prescribed in subarticle 4.1.
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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).
1094. (1) Every municipality may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(a.1) to order a loan,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish two or all of the above operations.
In the case of subparagraph b of the first paragraph, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of subparagraph c of the first paragraph, if the operation provided for in subparagraph b of the first paragraph is accomplished, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
The by-law ordering a loan to constitute or increase the amount of the working fund must, for the repayment of the loan, prescribe the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax based on the municipal valuation on all the taxable immovables in the territory of the municipality, and indicate the term of the loan, which must not exceed 10 years. However, if such a by-law is adopted by the council of a regional county municipality, the by-law, instead of prescribing the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax, must stipulate that the repayment of the loan is to be charged to all the municipalities in the territory of the regional county municipality, according to their respective standardized property values within the meaning of section 261.1 of the Act respecting municipal taxation (chapter F‐2.1).
Only a local municipality may impose a tax under subparagraph b of the first paragraph.
(1.1) In no case may the amount of the fund exceed 20% of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The municipality may borrow from the working fund pending the collection of revenues, or in order to pay all or part of an expense resulting from the implementation of a departure incentive program for the officers and employees of the municipality or to pay a capital expenditure. The resolution authorizing the loan must specify the term of repayment, which may not exceed one year, five years or ten years, depending on the purpose of the loan.
(2.1) (Subarticle replaced).
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working fund and the compensatory sum provided for in article 1094.0.3 or 1094.0.7 are appropriated as ordinary revenue for the fiscal year in which the interest is earned and the sum collected.
(4.1) If the working fund is abolished, the moneys available in it must be used to repay any loan contracted to constitute or increase the amount of the fund before they may be paid into the general fund.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund or its capital endowment for an amount exceeding the percentage prescribed in subarticle 1.1;
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
(c) the use of the available moneys, if the working fund is abolished, otherwise than in the manner prescribed in subarticle 4.1.
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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).
1094. (1) Every municipality may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(a.1) to order a loan,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish two or all of the above operations.
In the case of subparagraph b of the first paragraph, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of subparagraph c of the first paragraph, if the operation provided for in subparagraph b of the first paragraph is accomplished, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
The by-law ordering a loan to constitute or increase the amount of the working-fund must, for the repayment of the loan, prescribe the imposition of a tax based on the municipal valuation on all the taxable immovables in the territory of the municipality, and indicate the term of the loan, which must not exceed 10 years. However, if such a by-law is adopted by the council of a regional county municipality, the by-law, instead of prescribing the imposition of a tax, must stipulate that the repayment of the loan is to be charged to all the municipalities in the territory of the regional county municipality, according to their respective standardized property values within the meaning of section 261.1 of the Act respecting municipal taxation (chapter F‐2.1).
Only a local municipality may impose a tax under subparagraph b of the first paragraph.
(1.1) In no case may the amount of the fund exceed 20 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The municipality may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed 10 years. The municipality may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The municipality shall provide, every year, out of its general revenues, a sum sufficient to repay the loan into the working-fund.
(2.1) The municipality may, by resolution, borrow from the fund the moneys it may need to pay all or part of the expenses resulting from the application of a departure incentive program for the officers and employees of the municipality. The resolution authorizing the loan shall indicate the term of repayment, which must not exceed five years. The municipality shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-fund.
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.
(4.1) If the working-fund is abolished, the moneys available in it must be used to repay any loan contracted to constitute or increase the amount of the fund before they may be paid into the general fund.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law;
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
(c) the use of the available moneys, if the working-fund is abolished, otherwise than in the manner prescribed in subarticle 4.1.
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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).
1094. (1) Every municipality may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish both operations.
In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
Only a local municipality may impose a tax under this subarticle.
(1.1) In no case may the amount of the fund exceed 20 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The municipality may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed 10 years. The municipality may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The municipality shall provide, every year, out of its general revenues, a sum sufficient to repay the loan into the working-fund.
(2.1) The municipality may, by resolution, borrow from the fund the moneys it may need to pay all or part of the expenses resulting from the application of a departure incentive program for the officers and employees of the municipality. The resolution authorizing the loan shall indicate the term of repayment, which must not exceed five years. The municipality shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-fund.
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law; or
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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).
1094. (1) Every municipality may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish both operations.
In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
Only a local municipality may impose a tax under this subarticle.
(1.1) In no case may the amount of the fund exceed 10 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The municipality may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The municipality may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The municipality shall provide, every year, out of its general revenues, a sum sufficient to repay the loan into the working-fund.
(2.1) The municipality may, by resolution, borrow from the fund the moneys it may need to pay all or part of the expenses resulting from the application of a departure incentive program for the officers and employees of the municipality. The resolution authorizing the loan shall indicate the term of repayment, which must not exceed five years. The municipality shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-fund.
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law; or
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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).
1094. (1) Every municipality may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish both operations.
In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
Only a local municipality may impose a tax under this subarticle.
(1.1) In no case may the amount of the fund exceed 10 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The municipality may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The municipality may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The municipality shall provide, every year, out of its general revenues, a sum sufficient to repay the loan into the working-fund.
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law; or
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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).
1094. (1) Every municipality may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish both operations.
In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
Only a local municipality may impose a tax under this subarticle.
(1.1) In no case may the amount of the fund exceed 10 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The municipality may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The municipality may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The municipality shall provide, every year, out of its general revenues, a sum sufficient to repay the loan into the working-fund.
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law; or
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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).
1094. (1) Every corporation may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish both operations.
In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
(1.1) In no case may the amount of the fund exceed 10% of the appropriations provided for in the budget of the current fiscal year of the corporation. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The corporation may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The corporation may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The corporation shall provide, every year, out of its general revenues, a sum sufficient to repay the loan into the working-fund.
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law; or
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the corporation for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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).
1094. (1) Every corporation may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish both operations.
In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
When a by-law is made under this subarticle, the secretary-treasurer shall send a certified copy of it to the Minister of Municipal Affairs.
(1.1) In no case may the amount of the fund exceed 10% of the appropriations provided for in the budget of the current fiscal year of the corporation. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The corporation may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The corporation may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The corporation shall provide, every year, out of its general revenues, a sum sufficient to repay the loan into the working-fund.
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law; or
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the corporation for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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).
1094. (1) Every corporation may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it shall pass a by-law
(a) to appropriate for that purpose the accumulated surplus of its general fund or part of it,
(b) to appropriate for that purpose the revenues from a special tax provided for in the budget, or
(c) to accomplish both operations.
In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.
When a by-law is made under this subarticle, the secretary-treasurer shall send a certified copy of it to the Minister of Municipal Affairs.
(1.1) In no case may the amount of the fund exceed 10% of the appropriations provided for in the budget of the current fiscal year of the corporation. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.
(2) The corporation may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The corporation may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The corporation shall provide, every year, out of its general revenues, a sum sufficient to repay the loan into the working-fund.
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law; or
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in subarticle 3,
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the corporation for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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.
1094. (1) Every municipality may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it passes a by-law to appropriate the surplus of its general fund. Such by-law requires no other approval than that of the Minister of Municipal Affairs and of the Commission municipale du Québec.
(2) The municipality may, by resolution, borrow from such fund the moneys which it may need. The resolution authorizing the loan indicates the repayment term, which shall not exceed five years. Nevertheless, loans contracted pending the collection of revenues must be repaid within 12 months of the date of their approval. The municipality must appropriate, each year, out of its general revenues a sum sufficient to repay the loan to the working-fund. Such loans are subject to approval by the Commission municipale du Québec.
(3) The available moneys of such fund must be invested in accordance with article 203.
(4) The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.
(5) A member of the council who, knowingly, by his vote or otherwise, authorizes:
(a) the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law; or
(b) the investment of the moneys constituting such fund otherwise than in the manner prescribed in paragraph 3,
may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the corporation for any loss or damage suffered by it.
The liability provided in the first paragraph is joint and several and it applies to every officer 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.
