E-2.1 - Act respecting elections in certain municipalities

Updated to 1 April 1999

This document has official status.

chapter E-2.1

Act respecting elections in certain municipalities

Repealed, 1987, c. 57, s. 795.

1979, c. 39, s. 1; 1980, c. 16, s. 1; 1987, c. 57, s. 795.

PART I ELECTIONS IN CERTAIN MUNICIPALITIES

1979, c. 39, s. 2.

CHAPTER I DECLARATORY AND INTERPRETATIVE PROVISIONS

DIVISION I SCOPE

1. Every municipality, whatever its population, is subject to Chapters IV and V and Divisions II, III.1 and V to VIII of Chapter VI.

1978, c. 63, s. 1; 1979, c. 39, s. 3; 1980, c. 16, s. 2.

1.1. Every municipality other than the cities of Montréal and Québec is subject to Division III of Chapter VI.

1980, c. 16, s. 2.

1.2. Every municipality having a population of 20 000 or over is subject to Divisions III.2 and IV of Chapter VI and to Chapter VII.

1980, c. 16, s. 2.

1.3. Every municipality having a population of 20 000 or over on 1 January of the year preceding the year in which a general election is to be held in the municipality is subject to Chapters II and III.

1980, c. 16, s. 2.

1.4. Every municipality having a population of 1 000 or over but under 20 000 may, by by-law of its council passed by a two-thirds majority of its members, order that Chapters II and III apply to it. It is subject to those chapters for the purposes of a general election if the by-law is in force on 1 January of the year preceding the year in which that general election is to be held.

A certified true copy of the by-law must be sent to the Minister of Municipal Affairs and to the Commission.

1980, c. 16, s. 2; 1982, c. 54, s. 40.

1.5. Where a municipality is subject to Chapters II and III, to Divisions III.2 and IV of Chapter VI or to Chapter VII, it continues to be subject to them even if its population decreases to less than 1 000 or, as the case may be, 20 000, subject to section 1.6.

1980, c. 16, s. 2.

1.6. If the population of a municipality decreases to less than 1 000, the Minister of Municipal Affairs may, at the request of the municipality, order that Chapters II and III cease to apply to it, that it cease to be divided into electoral districts or wards and that its council be composed of a mayor and six councillors.

The order must be published in the Gazette officielle du Québec and comes into force on the day of its publication or on the later date fixed therein. It must also be published in a newspaper circulated in the municipality.

The order has effect for the purposes of every election from the first general election held after its coming into force.

The order ceases to have effect for the purposes of every election from the first general election to which Chapters II and III again become applicable pursuant to section 1.3 or 1.4. The Minister of Municipal Affairs shall publish, in the Gazette officielle du Québec and in a newspaper circulated in the municipality, a notice that the order ceases to have effect.

1980, c. 16, s. 2.

DIVISION II DEFINITIONS

2. In this Part, unless the context indicates otherwise,

(a)  “candidate of an authorized party” means a person designated by an authorized party to be the candidate of this party for office as member of the council, whose nomination paper has been accepted by the returning officer;

(b)  “independent candidate” means a person, other than a candidate of an authorized party, whose nomination paper for office as member of the council has been accepted by the returning officer;

(c)  (paragraph repealed);

(d)  “Commission” means the Commission de la représentation constituted by the Act respecting electoral representation (chapter R-24.1);

(e)  “elector” means a person who is entitled to vote at the election of the mayor and of the councillor of an electoral district under this part;

(f)  “general election” means an election where all the offices of members of the council of a municipality are open to nomination, except such an election held to fill vacancies in those offices that have occurred before the ordinary expiration of the term of office of those members of the council;

(f.1)  “clerk” means the clerk or the secretary-treasurer of a municipality;

(f.2)  “municipality” means a municipal corporation by whatever law governed, or, according to the context, the territory in which it has jurisdiction, except

(1)  a county corporation or a regional county municipality;

(2)  a Cree village corporation or a Naskapi village corporation;

(3)  a Northern village corporation;

(4)  a municipal corporation which, under its constituent act or the act governing it, is not represented by a council composed of persons elected for that purpose;

(g)  “authorized party” or “authorized political party” means a party holding an authorization, in accordance with this Part, from the chief electoral officer;

(h)  “returning officer” means the person who is the returning officer in a municipality under the act governing that municipality;

(i)  “official representative of a party” means the person designated as such by the leader of a party in conformity with this part.

1978, c. 63, s. 2; 1980, c. 16, s. 3; 1982, c. 54, s. 32; 1984, c. 51, s. 561.

CHAPTER II DIVISION OF THE MUNICIPALITY INTO ELECTORAL DISTRICTS

3. From 1 January but before 1 June of the year preceding the year in which a general election is to be held, the council of the municipality must pass a by-law dividing the municipality into electoral districts.

The by-law must be put into force before 1 November following its passage.

The clerk shall send a certified true copy of the by-law to the Commission after it is passed. He shall do likewise after it comes into force, unless it has been put into force by the Commission under section 13.

1978, c. 63, s. 3; 1979, c. 39, s. 4; 1980, c. 16, s. 4; 1982, c. 54, s. 40.

3.1. The by-law contemplated in section 3 is passed in accordance with the act governing the municipality, subject to sections 3.2 to 3.8.

1980, c. 16, s. 4.

3.2. No by-law contemplated in section 3 may be passed unless the procedure provided for under sections 3.3 to 3.8 has been complied with.

1980, c. 16, s. 4.

3.3. The council must, by resolution, adopt a draft by-law dividing the municipality into electoral districts.

1980, c. 16, s. 4.

3.4. Within seven days from the adoption of the draft by-law, the clerk shall publish in a newspaper circulated in the municipality a notice giving a summary of the object of the draft by-law and indicating the boundaries of the proposed electoral districts, using the names of streets whenever possible.

1980, c. 16, s. 4.

3.5. The notice contemplated in section 3.4 must specify the place in the municipality where any elector may examine the draft by-law; it must indicate that an elector may, within ten days from the publication of the notice, inform the clerk in writing of any objection he may have to the draft by-law; it must also indicate the place to which such an objection must be addressed; finally, it must set out section 3.7.

1980, c. 16, s. 4.

3.6. For the purposes of section 3.5, an elector is a person entered on the electoral list made pursuant to the Election Act (chapter E-3.2) for a polling subdivision, or part thereof, comprised in the municipality.

Any other natural person

(1)  entered on the valuation roll, on the roll of rental values or on the collection roll of the municipality, who

(2)  is entered on the electoral list of the municipality or on the schedule to its assessment roll, or would be entitled to be entered under the act governing the municipality if the length of time during which that person has been entered on the roll contemplated in paragraph 1 were not taken into account,

is also an elector.

1980, c. 16, s. 4; 1984, c. 51, s. 548.

3.7. The council shall hold a public meeting for the purpose of hearing the persons attending, on the matter of the draft by-law, if the required number of electors, within the meaning of section 3.6, have informed the clerk in writing of their objection to the draft by-law.

The required number is at least

(1)  twenty electors in a municipality having a population of under 20 000;

(2)  one elector for every thousand inhabitants in a municipality having a population of 20 000 or over but under 100 000;

(3)  one hundred electors in a municipality having a population of 100 000 or over.

1980, c. 16, s. 4.

3.8. If the council must hold a public meeting, the clerk must publish in a newspaper circulated in the municipality a notice of at least three clear days of the place, day and time it will sit to hear the persons attending, and the purpose of the meeting.

1980, c. 16, s. 4.

3.9. Sections 3.2 to 3.8 do not apply in the case of a by-law which amends the by-law contemplated in section 3 only to give effect to the recommendations of the Commission made pursuant to section 8.

1980, c. 16, s. 4; 1982, c. 54, s. 40.

3.10. The by-law contemplated in section 3 is put into force in accordance with the act governing the municipality, subject to sections 4 to 8. It requires no approval, except in the case provided for in the third paragraph of section 11.

1980, c. 16, s. 4.

4. The by-law contemplated in section 3 cannot come into force unless the procedure prescribed in sections 5 to 8 has been followed.

The first paragraph does not apply if no public meeting of the council has been held in accordance with section 3.7.

1978, c. 63, s. 4; 1980, c. 16, s. 5.

5. The clerk of the municipality must, within seven days of the passing of the by-law, publish in a newspaper circulated in the municipality a notice summarizing the object of the by-law and describing the boundaries of the proposed electoral districts, using street names wherever possible.

1978, c. 63, s. 5.

6. The notice contemplated in section 5 must specify the place in the municipality where any elector, within the meaning of section 3.6, may examine the by-law; it must indicate that an elector may, within ten days following the publication of the notice, inform the Commission in writing of his objection to the by-law; it must also indicate the place to which such objection must be addressed; finally, it must set out the first paragraph of section 8.

1978, c. 63, s. 6; 1980, c. 16, s. 6; 1982, c. 54, s. 40.

7. The Commission must inform the municipality in writing of any objection it receives.

1978, c. 63, s. 7; 1980, c. 16, s. 7; 1982, c. 54, s. 40.

8. The Commission shall hold a public meeting for the purpose of hearing the persons attending on the matter of the by-law, if the required number of electors, within the meaning of section 3.6, have informed the Commission in writing of their objection to the by-law within the prescribed time. The required number is at least

(1)  twenty electors in a municipality having a population of under 20 000;

(2)  one elector for every thousand inhabitants in a municipality having a population of 20 000 or over but under 100 000;

(3)  one hundred electors in a municipality having a population of 100 000 or over.

The Commission shall then publish in a newspaper circulated in the municipality a notice of at least three clear days of the place, day and time it will sit to hear the persons attending, and the purpose of the meeting.

The municipality is entitled to be heard at the meeting.

The Commission shall, after the meeting, transmit its recommendations to the municipality by registered or certified mail.

The municipality shall make the recommendations public in the manner determined by the Commission.

The Commission may order the municipality to make, within such time as it may fix, any amendment to the by-law necessary to give effect, wholly or in part, to its recommendations.

1978, c. 63, s. 8; 1980, c. 16, s. 8; 1982, c. 54, s. 40.

9. Sections 4 to 8 do not apply in the case of a by-law which amends the by-law contemplated in section 3 only to give effect to the recommendations of the Commission.

1978, c. 63, s. 9; 1980, c. 16, s. 9; 1982, c. 54, s. 40.

10. (1)  In a municipality whose population, on the date of the passing of the by-law contemplated in section 3, is under 20 000, the number of electoral districts must not be less than 6 nor more than 8.

(1.1)  In a municipality whose population on that date is 20 000 or over but under 50 000, this number must not be less than 8 nor more than 12.

(2)  In a municipality whose population on that date is 50 000 or over but under 100 000, this number must not be less than 12 nor more than 16.

(3)  In a municipality whose population on that date is 100 000 or over but under 250 000, this number must not be less than 16 nor more than 24.

(4)  In a municipality whose population on that date is 250 000 or over but under 500 000, this number must not be less than 24 nor more than 36.

(5)  In a municipality whose population on that date is 500 000 or over but less than 1 000 000, this number must not be less than 36 nor more than 48.

(6)  In a municipality whose population on that date is 1 000 000 or over but less than 2 000 000, this number must not be less than 48 nor more than 96.

1978, c. 63, s. 10; 1979, c. 39, s. 5.

10.1. The Minister of Municipal Affairs may authorize a municipality applying therefor to divide its territory into a greater number of electoral districts than the maximum number of electoral districts provided for in its case by section 10.

1979, c. 39, s. 6.

11. Each electoral district must be delimited in such a manner than the number of electors of that district is not more than 15% above or below the quotient obtained by dividing the total number of electors of the municipality by the number of districts.

For the purposes of this section, the word “elector” has the meaning given to it by section 3.6. The act governing the municipality respecting where the right to vote may be exercised applies, mutatismutandis, to determine the district where a person is an elector.

A by-law delimiting a district where the number of electors is more than 15% above or below the quotient determined under the first paragraph cannot come into force unless approved by the Commission.

1978, c. 63, s. 11; 1980, c. 16, s. 10; 1982, c. 54, s. 40.

12. Electoral districts must be delimited in such a manner as to ensure that each of them has the highest possible socio-economic homogeneity, some of the criteria used being physical barriers, demographic tendencies and parish boundaries.

1978, c. 63, s. 12; 1980, c. 16, s. 11; 1987, c. 28, s. 26.

13. Should the municipality fail to pass the by-law referred to in section 3 within the prescribed time or to amend it within the time fixed by the Commission under section 8, the Commission shall divide the municipality into electoral districts.

Should the municipality, having passed such a by-law, fail to put it into force within the prescribed time, the Commission shall divide the municipality into electoral districts or put the by-law passed by the municipality into force.

The Commission shall transmit to the municipality a certified true copy of the decision dividing it into electoral districts or put into force the by-law of the municipality, as the case may be.

The Commission shall publish in a newspaper circulated in the municipality a notice stating the object of the decision dividing the municipality into electoral districts, or of the by-law of the municipality, as the case may be; the notice must indicate the date on which the decision was rendered or the by-law was passed, and where it may be examined.

The division into electoral districts made by the Commission or the by-law of the municipality comes into force on the day of the publication referred to in the fourth paragraph, notwithstanding section 4. That publication is in lieu of the approval provided for under section 11. The division into electoral districts made by the Commission or the by-law put into force by it has the same effect as a by-law passed and put into force.

The council of the municipality may pass the by-law, or amend it to take account of the recommendations referred to in section 8, even after the time prescribed to do so has expired, as long as a division into electoral districts made by the Commission has not come into force. It may put the by-law it has passed into force, even after the time prescribed to do so has expired, as long as the Commission has not acted in its place and stead or as long as a division into electoral districts made by the Commission has not come into force.

Where the division of a municipality into electoral districts is made by the Commission, the costs related to the division are at the charge of the municipality.

1978, c. 63, s. 13; 1979, c. 39, s. 7; 1980, c. 16, s. 12; 1982, c. 54, s. 40; 1983, c. 57, s. 108.

13.1. The division into electoral districts applies for the purposes of the first general election following the coming into force of the by-law of the municipality or of the decision of the Commission, as the case may be, and for the purposes of every subsequent election held before the second general election.

For the purposes of such an election, the words “wards” and “electoral districts”, in the constituent act of the municipality or in the act governing it, mean an electoral district delimited pursuant to this chapter. This chapter does not, however, affect the wards delimited in the Charter of the city of Montréal (1959-1960, c. 102).

1979, c. 39, s. 8; 1980, c. 16, s. 13; 1982, c. 54, s. 40.

13.2. The Commission cannot be prosecuted by reason of an official act done by it in good faith in the exercise of its duties under this chapter.

1980, c. 16, s. 13; 1982, c. 54, s. 40.

13.3. No extraordinary recourse nor any provisional measure provided by the Code of Civil Procedure (chapter C-25) may be taken against the Commission in the exercise of his duties under this chapter.

A judge of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued contrary to this section.

1980, c. 16, s. 13; 1984, c. 51, s. 549.

13.4. The Commission may, in the exercise of its duties under this chapter, examine any document forming part of the records of a municipality and obtain copy of it free of charge.

1980, c. 16, s. 13; 1982, c. 54, s. 40.

13.5. For the purposes of this chapter, the chairman of the Commission shall coordinate and distribute the work of the members of the Commission.

The duties and responsibilities devolved upon the Commission may be carried out by one or several members of the Commission designated by the chairman for that purpose.

Where a municipality has a by-law under section 1.4, the Commission may delegate the carrying out of its duties and responsibilities to any person it may designate. The act of delegation shall be published in the Gazette officielle du Québec.

1980, c. 16, s. 13; 1982, c. 54, s. 33.

13.6. The members of the Commission are entitled, for each day of sittings held under this Act, to a payment equal to 1% of the minimum salary received annually by an administrator, Class V.

The Government shall determine the allowances to which the members are entitled by using as a basis allowances granted to persons holding similar offices.

1980, c. 16, s. 13; 1982, c. 54, s. 33.

CHAPTER III COUNCIL OF THE MUNICIPALITY

14. From the general election following the division of the municipality into electoral districts in accordance with Chapter II, the council of the municipality is composed of

(1)  the mayor, and

(2)  one councillor for each electoral district.

1978, c. 63, s. 14; 1980, c. 16, s. 14.

CHAPTER IV DISQUALIFICATION FOR MUNICIPAL OFFICE

15. A person who is a member of the Legislature of Québec or of the Parliament of Canada shall not hold office as member of the council of a municipality.

The first paragraph does not apply to a person who on 18 June 1980 is a member of the Legislature of Québec or of the Parliament of Canada until he ceases to be a member. A person does not cease to be a member of the Legislature of Québec or of the Parliament of Canada at the expiry of his term if he is re-elected at the ensuing election.

1978, c. 63, s. 15; 1980, c. 16, s. 15.

15.1. No member or civil servant, other than an employee within the meaning of the Labour Code (chapter C-27), of

(1)  the Ministère des Affaires municipales,

(2)  the Ministère de l’Environnement,

(3)  the Commission municipale du Québec,

(4)  the Bureau de révision de l’évaluation foncière du Québec,

(5)  the Société d’habitation du Québec,

(6)  the Commission de police du Québec,

(7)  the Commission de protection du territoire agricole du Québec,

(8)  the Régie du logement,

(9)  (subparagraph repealed),

(10)  the Ministère des Transports,

(11)  the Commission des transports du Québec,

(12)  the Régie des services publics, or

(13)  the Régie de l’électricité et du gaz,

may hold the office of member of the council of a municipality.

The first paragraph does not apply to a person who, on 18 June 1980, is a member of the council of a municipality, until he ceases to be so. A person does not cease to be a member of the council at the expiry of his term of office if he is re-elected at the next election.

1980, c. 16, s. 15; 1979, c. 48, s. 138; 1980, c. 34, s. 5; 1984, c. 27, s. 60.

15.2. The grounds for disqualification from holding municipal office provided under sections 15 and 15.1 are in addition to those provided under any other act.

1980, c. 16, s. 15.

CHAPTER V ELECTORS

16. Every person entitled to vote under the act governing the municipality and not legally deprived of that right, except a trade-union, company or corporation, commercial partnership, association, cooperative or other artificial person, has the right to vote at the election of the mayor and of a councillor.

1978, c. 63, s. 16; 1982, c. 63, s. 190.

CHAPTER VI ELECTIONS

DIVISION I DATE

17. The 1978 general election in the municipality takes place on 12 November 1978.

1978, c. 63, s. 17.

DIVISION II ELECTION OFFICERS

18. The chief electoral officer appointed under the Election Act (chapter E-3.2) may make recommendations to the returning officer concerning the discharge of the duties of the latter.

1978, c. 63, s. 18; 1984, c. 51, s. 550; 1984, c. 51, s. 561.

19. The chief electoral officer may, on request, provide the returning officer with any assistance the latter may need in the discharge of his duties.

1978, c. 63, s. 19; 1979, c. 39, s. 9; 1984, c. 51, s. 561.

19.1. The chief electoral officer may generally or specially delegate the exercise of the powers conferred on him under sections 18 and 19 to any person he may designate.

1982, c. 54, s. 34; 1984, c. 51, s. 561.

DIVISION III NOMINATION OF CANDIDATES

20. Candidates for the offices of members of the council are nominated in conformity with the act governing the municipality, subject to this division.

1978, c. 63, s. 20.

21. The nomination of candidates for an election takes place on the fourteenth day preceding polling day.

1978, c. 63, s. 21; 1979, c. 39, s. 10; 1980, c. 16, s. 16.

DIVISION III.1 LEAVE WITHOUT PAY

1980, c. 16, s. 16.

21.1. Every employer must, on a request in writing, grant a leave without pay to an employee who is a candidate at a municipal election or who is a member of a municipal council to enable him to campaign for election or to carry on his duties.

No employer may be required to grant to his employee who is a member of a municipal council a leave without pay for a total period of more than eight years.

1980, c. 16, s. 16.

21.2. The leave begins on the later of the following dates:

(1)  the day on which the employee becomes a candidate or a member of the council, as the case may be;

(2)  the first day for which the employee has requested a leave.

The leave granted to a candidate terminates on the day a person is elected to the office for which he was a candidate. The leave granted to a member of the council terminates when his term of office expires or when his office otherwise becomes vacant. The employee may terminate his leave at any time.

1980, c. 16, s. 16.

21.3. The leave may be full-time or part-time, according to the request of the employee. If the employee requests a part-time leave, he must specify the days or the hours envisaged.

1980, c. 16, s. 16.

21.4. At the expiry of the leave or the last of successive leaves, the employer must reinstate the employee, if he so requests, on the conditions of employment prevailing before the beginning of the leave or conditions more favourable for the employee, in accordance with the provisions of the collective agreement or, in the absence of a collective agreement, the agreement between the employer and the employee.

1980, c. 16, s. 16.

21.5. No employer may, by reason of the fact that his employee avails himself of his right to a leave under section 21.1, dismiss, lay off, suspend, demote or transfer him or give him less favourable conditions of employment than he is entitled to, particularly by subtracting the leave from his period of vacation.

The first paragraph does not prevent an employer from dismissing, laying off, suspending, demoting or transferring an employee or changing his conditions of employment for a just and sufficient cause, the proof of which is incumbent on him.

1980, c. 16, s. 16.

21.6. A contravention of section 21.4 or 21.5 authorizes the employee, if not governed by a collective agreement, to assert his rights before a labour commissioner appointed under the Labour Code as if it were a case of dismissal for union activities. Sections 15 to 20 of the Labour Code then apply, mutatismutandis.

If the employee is governed by a collective agreement, his association, or he himself through the application of sections 38b to 38f of the Labour Code, enacted by section 28 of chapter 41 of the statutes of 1977, is entitled to submit a grievance to arbitration. Section 17 of the Labour Code applies, mutatismutandis, to the arbitration of the grievance.

1980, c. 16, s. 16.

21.7. An employer who contravenes section 21.1, 21.4 or 21.5 is guilty of an offence and is liable, on summary proceeding, in addition to costs, to a fine not exceeding $1 000 for each day he commits the offence.

1980, c. 16, s. 16.

22. (Repealed).

1978, c. 63, s. 22; 1980, c. 16, s. 17.

DIVISION III.2 NOMINATION PAPER

1980, c. 16, s. 18.

23. In addition to any other particular required, the nomination paper of a candidate must indicate the name of his authorized party or, where such is the case, bear the inscription “independent”, if he so desires, and the name of the official agent of the candidate.

1978, c. 63, s. 23; 1980, c. 16, s. 19; 1982, c. 31, s. 59.

24. (Repealed).

1978, c. 63, s. 24; 1980, c. 16, s. 20.

25. At the same time as his nomination paper, a candidate of an authorized party must produce an affidavit or a solemn affirmation from the official representative of the party declaring that he is the candidate of the party for the office contemplated.

1978, c. 63, s. 25; 1980, c. 16, s. 21.

26. (Repealed).

1978, c. 63, s. 26; 1980, c. 16, s. 22.

27. (Repealed).

1978, c. 63, s. 27; 1980, c. 16, s. 22.

DIVISION IV NOTICE OF POLL AND BALLOT PAPER

28. The public notice announcing the holding of a poll must, in addition to any other information required by the act governing the municipality, indicate the name of the party of the candidate, in the case of the candidate of an authorized party or, in other cases, indicate that the candidate is an independent.

1978, c. 63, s. 28; 1980, c. 16, s. 23.

29. (Repealed).

1978, c. 63, s. 29; 1980, c. 16, s. 24; 1982, c. 31, s. 60.

30. Section 28 does not apply if all the candidates for the offices for which the poll is being held are independent candidates.

1978, c. 63, s. 30; 1980, c. 16, s. 25; 1982, c. 31, s. 61.

DIVISION V PARTISAN WORK OF OFFICERS

1980, c. 16, s. 25.

31. For the purposes of this division,

(1)  “officer or employee of a municipality” and “office in a municipality” mean, in addition to their ordinary meaning, an officer or employee of a county corporation, regional county municipality or regional or urban community, and an office in any of them;

(2)  “election in a municipality” means, where this division applies to an officer or employee of a county corporation, regional county municipality or regional or urban community, an election in a municipality included in the territory of the county corporation, regional county municipality or regional or urban community.

1978, c. 63, s. 31; 1980, c. 16, s. 25.

32. Officers or employees of a municipality are prohibited from engaging in partisan work connected with an election in the municipality.

1978, c. 63, s. 32; 1980, c. 16, s. 25.

33. Section 32 does not prevent an officer or employee of the municipality from attending a political meeting or making, in accordance with the law, a contribution to a political party or to a candidate in an election in the municipality, or from being a member of a political party.

1978, c. 63, s. 33; 1980, c. 16, s. 25.

33.1. An officer or employee of a municipality who contravenes section 32, or a person who uses intimidation or threats to induce an officer or employee to contravene that section or to punish him for his refusal to contravene it is guilty of an offence and is liable, on summary proceeding, in addition to costs, to a fine not exceeding $5 000.

1980, c. 16, s. 25.

DIVISION VI STATEMENT OF FINANCIAL INTERESTS OF ELECTED OFFICIALS

1980, c. 16, s. 25.

33.2. Within sixty days of his election or appointment, each member of the council of a municipality shall file with the council a written statement of his interests

(1)  in corporations, partnerships or businesses, and

(2)  in immoveables located in the municipality and in the territory of the county corporation, regional county municipality or regional or urban community of which the municipality is part.

The statement must list, in particular, the employments and the administrative positions held by the member of the council, and the existence of loans of more than $2 000 contracted by the member of the council from persons or institutions other than financial institutions.

The statement need not mention the value of the interests which are listed in it, nor the degree of participation of a member of the council in corporations, partnerships or businesses. It need not mention sums deposited in financial institutions, nor the holding of bonds issued by the Government, a municipality or any other public body.

1980, c. 16, s. 25.

33.3. Every year, within sixty days after the anniversary of his election or appointment, each member of the council shall file an up-to-date statement with the council.

In the meantime, if a member of the council acquires an interest that entails a conflict of interest with the municipality, he must declare it in writing before the council at the next sitting following his acquisition of the interest.

1980, c. 16, s. 25.

33.4. Failure to file the statement within the period prescribed in section 33.2 or 33.3 makes the council member ineligible, until he has filed the statement, to sit or vote on the council of the municipality, county corporation, regional county municipality or regional or urban community, or on any committee, commission or body on which he sits by reason of his membership on such a council.

For each sitting of a council, committee, commission or body at which the council member may not be present or vote by virtue of the first paragraph,

(1)  he shall receive no remuneration, if the latter consists of a sum payable for each sitting at which he is present or votes, or,

(2)  in other cases, an amount of one per cent is deducted from his remuneration for the office concerned.

Decisions taken or acts done by the council, committee, commission or body are not invalid by the sole fact that the member of the council sat or voted thereon in contravention of this section.

1980, c. 16, s. 25.

33.5. A member of the council who knowingly makes a false or incomplete statement is disqualified from holding office in any municipality. This disqualification lasts until the expiry of a period of five years from judgment in last instance on proceedings in declaration of disqualification.

1980, c. 16, s. 25.

DIVISION VII ELECTORAL STATISTICS

1980, c. 16, s. 25.

33.6. After an election or any other change in the composition of the council, the clerk of the municipality shall transmit to the Minister of Municipal Affairs a return containing the information and statistics concerning the election or the new composition of the council.

The Minister may prescribe the contents of the return and the period within which it must be transmitted to him. He may also order that it be transmitted by means of a form that he furnishes for that purpose.

An order of the Minister under this section must be published in the Gazette officielle du Québec, and comes into force on the date of its publication or on the later date fixed therein.

1980, c. 16, s. 25.

DIVISION VIII FILLING OF VACANCY

1980, c. 16, s. 25.

33.7. When the office of mayor or councillor becomes vacant more than twelve months before the fixed election date prescribed for that office by the act governing the municipality, the returning officer shall begin election proceedings to fill the office by publishing, within eight days after the vacancy has occurred, the notice provided for in article 303 of the Municipal Code (chapter C-27.1) or section 156 of the Cities and Towns Act, or Schedule A in the case of the cities of Montréal and Québec.

The election is conducted in every respect as a prescribed election at a fixed date, mutatismutandis, subject to section 146 of the Cities and Towns Act, which also applies to the cities of Montréal and Québec, mutatismutandis.

A person elected at the election remains in office for the remainder of the term of the council member that he replaces.

1980, c. 16, s. 25.

33.8. If no person is nominated for election to the office of mayor, the councillors shall proceed in accordance with section 33.9, within fifteen days after the expiry of the period fixed for the nomination of candidates. If no person is nominated for election to the office of councillor, that office remains vacant until the next fixed election date prescribed for that office, subject to section 33.10.

1980, c. 16, s. 25.

33.9. When the office of mayor becomes vacant within the twelve months preceding the fixed election date prescribed for that office by the act governing the municipality, the councillors shall elect one of their number to fill the office of mayor for the remainder of the term, within fifteen days after the vacancy has occurred. That election is by secret ballot, and the clerk shall proclaim elected the person who obtains a majority of the votes of the councillors present. If the votes are equally divided, the person presiding at the sitting shall give a casting vote, even if he has already voted and notwithstanding any contrary provision.

The acceptance by a councillor of the office of mayor renders his office of councillor vacant.

When the office of councillor becomes vacant during the period contemplated in the first paragraph, it remains vacant until the next fixed election date prescribed for that office, subject to section 33.10.

Notwithstanding the first three paragraphs, the council of a municipality may, within fifteen days after a vacancy, order that it be filled in accordance with section 33.7. The returning officer shall then act in accordance with that section within eight days of the decision of the council.

1980, c. 16, s. 25.

33.10. The clerk of the municipality shall notify in writing the Minister of Municipal Affairs and shall explain to him the situation each time that

(1)  the election for which the date is fixed by the act governing the municipality has not taken place on that date;

(2)  the election contemplated in section 33.7 or in section 170 or 235 of the Cities and Towns Act has not taken place on the date fixed by virtue of those provisions;

(3)  the notice fixing the date of an election contemplated in paragraph 2 has not been given;

(4)  the election has taken place but an insufficient number of council members have been elected; or

(5)  by reason of vacancies, there is not a quorum on the council.

In the case contemplated in the first paragraph, the Minister of Municipal Affairs may order an election to be held on the date that he fixes. The election shall be presided over by the person that he designates, and the second and third paragraphs of section 33.7 apply thereto. Notice of the election is given in accordance with the first paragraph of that section.

If the election ordered by the Minister does not take place or an insufficient number of council members are elected at that election, the Minister may avail himself again of the power mentioned in the second paragraph or appoint eligible persons to fill the vacant offices, or one or several of them, for the remainder of the term of the council members that they replace.

If the Minister avails himself again of the power mentioned in the second paragraph and the election does not take place or an insufficient number of council members are elected at the election, the Minister may appoint eligible persons to fill the vacant offices, or one or several of them, for the remainder of the term of the council members that they replace.

1980, c. 16, s. 25.

33.11. The provisions of this division to the effect that a person is elected or appointed for the remainder of the term of the council member that he replaces do not have the effect of exempting that person from the legislative provisions prescribing the cases where a person ceases to be a council member of a municipality.

1980, c. 16, s. 25.

33.12. A vacancy caused by a judgment annulling an election is filled in accordance with sections 33.7 to 33.11.

1980, c. 16, s. 25.

CHAPTER VII POLITICAL PARTIES

34. In this chapter, unless the context indicates otherwise,

(a)  “permanent office of an authorized party” means the office where, with a view to propagating the political program of an authorized party and coordinating the political action of its members, employees of the party or of an agency associated with it work full time, outside the election period, to attain the party’s objectives;

(b)  (paragraph replaced);

(c)  “contribution” means money donated to a political party or to a candidate, and services rendered and goods furnished to them free of charge for political purposes;

(d)  (paragraph repealed);

(e)  (paragraph inoperative);

(f)  “party authority” means the organization of a political party at the level of an electoral district, of a group of districts or of the municipality;

(g)  “treasurer” means the treasurer or, as the case may be, the secretary-treasurer or the director of finance of the municipality.

1978, c. 63, s. 34; 1982, c. 31, s. 62; 1982, c. 54, s. 35; 1984, c. 51, s. 561.

34.1. Sections 9, 10 and 12 to 15 of the Election Act (chapter E-3.2), adapted as required, apply to this chapter.

1979, c. 39, s. 11; 1982, c. 54, s. 36; 1984, c. 51, s. 551.

34.2. The director general may generally or specially delegate the exercise of the powers and the discharge of the duties conferred on him by this chapter to any person he may designate. The act of delegation shall be published in the Gazette officielle du Québec.

He may also delegate the exercise of the powers and the discharge of the duties conferred on him under sections 43, 46 and 47 to the returning officer or to the clerk of the municipality concerned.

1982, c. 54, s. 36.

DIVISION I CONTRIBUTIONS AND EXPENSES

1982, c. 31, s. 63.

§ 1 . — Interpretation

35. The following are not considered contributions:

(a)  volunteer work and the goods or services produced by such work;

(b)  anonymous donations collected at a meeting or demonstration held for political purposes;

(c)  amounts paid to a political party under any act, and reimbursements provided for in Division II;

(d)  a loan granted for political purposes by an elector or a financial institution contemplated in section 69 at the current rate of interest in the market at the time it is granted, or a guarantee granted by an elector as surety;

(e)  an annual amount of not over $25 paid by a natural person as dues of membership in a political party;

(f)  an amount of not over $25 in each case as registration fees at political conventions;

(g)  an amount of not over $25 in each case as entrance fee to an activity or demonstration of a political nature.

Nothing in this division limits or prohibits transfers of funds between the various authorities of an authorized political party or between the party and party authorities.

1978, c. 63, s. 35; 1982, c. 31, s. 64.

§ 2 . — Application

36. No political party or candidate may solicit or collect contributions or make expenses except with an authorization under this division.

1978, c. 63, s. 36; 1982, c. 31, s. 101.

§ 3 . — Authorization of parties and independent candidates

37. Every political party or independent candidate wishing to solicit or collect contributions or to make expenses must have authorization from the director general in accordance with this subdivision.

1978, c. 63, s. 37; 1982, c. 31, s. 101.

38. A party or an independent candidate soliciting authorization must have an official representative designated by the leader of the party, or by the candidate, as the case may be.

1978, c. 63, s. 38.

39. Only one official representative is appointed for each party or independent candidate.

The official representative of an authorized party may, however, with the written approval of the leader of the party, appoint not more than one delegate for each electoral district.

1978, c. 63, s. 39.

40. A person who, by the effect of section 97, cannot be an official agent, cannot be an official representative or a delegate.

1978, c. 63, s. 40.

41. An official representative or a delegate may resign by sending a written notice to that effect to the person who appointed him and to the director general.

The director general shall publish in a newspaper circulated in the municipality a notice of the resignation or replacement of an official representative or of a delegate.

1978, c. 63, s. 41.

42. Where an authorized party or independent candidate no longer has an official representative, another shall be designated without delay; the director general must be informed of such designation, and he gives notice of it in a newspaper circulated in the municipality.

1978, c. 63, s. 42.

43. The director general may grant an authorization, upon a written application of the leader of the party,

(a)  to a party of which at least one candidate was elected at the previous election;

(b)  to a party which, at the last general election, had candidates in at least one-third of the electoral districts; or

(c)  to a party which elected its leader at a convention and which undertakes to present candidates for at least one-third of the offices of councillor at the next general election.

1978, c. 63, s. 43.

44. The political party applying for authorization must furnish the following information to the director general:

(a)  the name of the party;

(b)  the address to which communications intented for the party must be sent and that where its books and accounts pertaining to the contributions to be received and the expenses to be incurred by it are to be kept;

(c)  the name and address of the party’s official representative and those of his delegates, if any;

(d)  the name and address of the party leader;

(e)  the address of the permanent office of the party, where such is the case;

(f)  the name of the municipality in which it intends to carry on its activities and present candidates.

1978, c. 63, s. 44; 1982, c. 31, s. 65, s. 101.

45. A party mentioned in paragraph c of section 43 must also establish, by a statement supported by oath or solemn affirmation of its leader, the amount of the funds at its disposal, and that the funds it has collected after the date when this chapter applies to the municipality have been collected in conformity with this division.

It must remit to the director general, with its application for authorization, the funds it has collected after the date mentioned in the first paragraph contrary to the provisions of this division.

The director general shall remit such amounts to the treasurer for payment into the general fund of the municipality.

1978, c. 63, s. 45.

46. The director general shall grant the authorization if the conditions provided for in sections 44 and 45 are met. This authorization is valid only in the municipality mentioned in paragraph f of section 44.

He must, however, refuse authorization to a party if the name of the party includes the word “independent” or is likely to mislead the electors as to which party they are contributing to.

1978, c. 63, s. 46.

47. The director general shall grant an authorization to the independent candidate applying therefor in writing who furnishes him with the following information:

(a)  his name and address;

(b)  the name of the municipality in which he is a candidate;

(c)  the address to which communications intended for him must be sent and that where his books and accounts pertaining to the contributions to be received and the expenses to be incurred by him are to be kept;

(d)  the name and address of his official representative.

1978, c. 63, s. 47.

48. The authorization granted to an independent candidate entitles him to solicit and collect contributions until the day preceding that of the polling. This authorization is valid only in the municipality mentioned in paragraph b of section 47.

After polling day, the authorization granted to the candidate entitles him to solicit and collect contributions only for the purpose of paying the debts arising from his election expenses incurred in accordance with this Act.

1978, c. 63, s. 48; 1980, c. 16, s. 26; 1982, c. 31, s. 66.

49. The director general shall keep registers of the parties and independent candidates he has authorized, setting out the information required under sections 44 and 47.

1978, c. 63, s. 49.

50. The authorized political parties or independent candidates must, without delay, furnish the director general with the information required for updating the registers provided for in section 49.

1978, c. 63, s. 50.

51. The director general must, upon written application of the leader, withdraw his authorization from an authorized party. He must do the same in the case of an authorized independent candidate, upon written application of the latter.

1978, c. 63, s. 51.

52. The authorization of a party contemplated in paragraph c of section 43 which does not present candidates for at least one-third of the offices of councillor or whose number of candidates drops below that minimum is null plenojure.

If the authorization of the party becomes null or is withdrawn under section 51 or 53 on a date too close to that of the poll to enable the returning officer to have new ballot papers printed, the polling clerk uses those in his possession, after striking out, visibly and evenly with an ink line, the name of the party on every paper.

1978, c. 63, s. 52; 1980, c. 16, s. 27.

53. The director general must withdraw his authorization from an authorized party or independent candidate who does not furnish him with the information required for the purposes of the updating, in accordance with section 50, of the registers provided in section 49 or who does not, as required, comply with subdivision 6, or whose official representative does not, as required, comply with subdivision 7.

1978, c. 63, s. 53.

54. The director general must withdraw his authorization from a candidate who withdraws or dies.

1978, c. 63, s. 54.

55. The director general, where he intends to refuse his authorization to a party or candidate or where he intends to withdraw his authorization, must give the party or candidate, as the case may be, the reasons for his decision and an opportunity to be heard.

Any summons shall be made by registered or certified mail or by any other means considered suitable by the director general.

1978, c. 63, s. 55.

56. Upon granting or refusing authorization to a party or candidate or upon withdrawing such authorization, the director general shall give a notice of it in a newspaper circulated in the municipality.

The notice that an authorization has been granted, refused or withdrawn, must indicate the name of the official representative, and those of his delegates, if any.

1978, c. 63, s. 56.

57. If a party or candidate ceases to be authorized, the sums remaining shall be turned over without delay to the director general by the person holding them.

The director general, after payment of the debts, shall pay such balance to the treasurer, so as to be integrated into the general funds of the municipality.

For the application of this section, the director general may open accounts in chartered banks having a place of business in Québec or in savings and credit unions within the meaning of the Savings and Credit Unions Act (chapter C-4) and designate at least two persons chosen from among the members of his personnel to sign the cheques or other orders of payment.

1978, c. 63, s. 57; 1982, c. 31, s. 67.

57.1. (Repealed).

1979, c. 39, s. 12; 1982, c. 54, s. 37.

§ 4 . — Contributions

58. Only an elector of the municipality may make a contribution.

He may do so only in favour of a political party or an independent candidate authorized by the director general in the municipality and only in conformity with this subdivision.

1978, c. 63, s. 58.

58.1. Every sum of money, except sums spent in accordance with paragraph d of subsection 2 of section 94 and subsection 5 of section 98, disbursed by a candidate for payment through his official agent of an election expense is deemed to be a contribution.

1982, c. 31, s. 68.

59. Every contribution must be made by the elector himself out of his own property.

1978, c. 63, s. 59.

60. The total of contributions by the same elector during the same calendar year shall not exceed the amount of $750. Such amount may be paid in whole or in part to one or another of the authorized parties or independent candidates.

Goods and services furnished to a party or a candidate are assessed, if they are furnished by a trader dealing in similar articles or services, at the lowest price at which he offers his goods or services to the public at the time when they are furnished.

In other cases, goods and services are assessed at the lowest market retail price in the region in which and at the time when they are offered to the public in the normal course of business.

1978, c. 63, s. 60; 1986, c. 65, s. 1.

61. (Repealed).

1978, c. 63, s. 61; 1982, c. 31, s. 69.

62. Contributions shall not be solicited except under the responsibility of the official representative of an authorized political party or independent candidate, nor except through persons designated in writing by the official representative.

Every person authorized to solicit contributions must, on demand, exhibit a certificate signed by the official representative attesting his authority.

1978, c. 63, s. 62.

63. A contribution shall be made to no one except the official representative of the authorized party or independent candidate for whom it is intended, or the persons designated in writing by such official representative in accordance with section 62.

1978, c. 63, s. 63.

64. The delegate of the official representative of an authorized party has, for the electoral district for which he is appointed, the powers conferred on the party’s official representative by sections 62, 63, 66 and 73.

1978, c. 63, s. 64.

65. Every contribution of money of over $100 must be made by cheque or other order of payment signed by the elector and drawn on his account in a chartered bank or a trust company having an office in Québec, or in a savings and credit union.

1978, c. 63, s. 65; 1982, c. 31, s. 70.

66. For every contribution, the official representative or the person designated in accordance with section 62 shall issue a receipt to the contributor.

1978, c. 63, s. 66.

67. The cheque or order must be made payable to the order of the authorized party or independent candidate.

1978, c. 63, s. 67.

68. On being cashed, a contribution is deemed received by the party or independent candidate for whom it is intended.

1978, c. 63, s. 68.

69. The contributions of money collected must be deposited with chartered banks or trust companies having a place of business in Québec, or savings and credit unions, chosen by the authorized parties or independent candidates.

1978, c. 63, s. 69.

70. Every contribution made contrary to this chapter must, as soon as the fact is known, be returned to the contributor if his identity is known; if it is not known, the contribution is remitted to the director general who turns the funds over to the treasurer so as to integrate them into the general funds of the municipality.

1978, c. 63, s. 70.

71. Every radio, television or cable broadcaster and every owner of a newspaper, periodical or other printed matter may, free of charge, make broadcasting time on radio or television or space in the newspaper, periodical or other printed matter, available to authorized parties or candidates, provided he offers such a service on an equitable basis, qualitatively and quantitatively, to all the authorized parties or to all the authorized candidates.

The director general shall verify the legality of services rendered under this section.

1978, c. 63, s. 71.

72. For the application of this subdivision, an elector is a natural person entitled to be entered on the electoral list of the municipality by virtue of the act governing that municipality.

1978, c. 63, s. 72.

§ 5 . — Expenses of political parties and independent candidates

1982, c. 31, s. 71.

73. No expense may be made by an authorized political party or independent candidate except under the authority of the official representative of the party or candidate nor except through persons designated in writing by the official representative.

Every person authorized to make expenses must, on demand, exhibit a certificate signed by the official representative attesting his authority.

1978, c. 63, s. 73; 1982, c. 31, s. 101.

§ 6 . — Auditors

74. The official representative of every authorized party, with the written authorization of the leader of the party, must appoint an auditor from among the persons having a legal right to practise public accounting in Québec and notify the treasurer within thirty days after the date on which the party has obtained the authorization of the director general.

1978, c. 63, s. 74.

75. The following persons shall not be auditors or, as the case may be, shall cease to be auditors:

(a)  the director general;

(b)  functionaries or employees of the municipality;

(c)  members of the National Assembly;

(d)  members of the Parliament of Canada;

(e)  (subparagraph repealed);

(f)  official agents or representatives appointed under this chapter;

(g)  candidates at the last general election or at any other election held since that general election;

(h)  candidates at the current election;

(i)  the auditor of the municipality.

This section also applies to the partners of persons referred to in the first paragraph and members of theirs staffs.

1978, c. 63, s. 75; 1982, c. 54, s. 38; 1982, c. 62, s. 143.

76. The official representative of an authorized party must, with the authorization provided for in section 74, replace the auditor appointed by him upon the latter’s ceasing to hold office and notify the treasurer immediately.

1978, c. 63, s. 76.

77. The auditor shall examine the return made pursuant to section 80, and issue a certificate attesting, if such is the case, that, following comparison with the vouchers and bank deposits of the party,

(a)  the returns in question are truthful;

(b)  he has received the information and explanations required;

(c)  the accounting of the party has been kept in accordance with accepted accounting standards and with the guidelines the director general may issue in that regard.

1978, c. 63, s. 77; 1982, c. 31, s. 72.

78. The auditor of a party has access to all the books, accounts and documents pertaining to the financial affairs of the party.

1978, c. 63, s. 78; 1982, c. 31, s. 73.

79. The treasurer shall reimburse the authorized political parties, out of the general fund of the municipality, the auditing expenses incurred by them in the application of this subdivision, up to $1 000.

1978, c. 63, s. 79; 1982, c. 31, s. 73.

§ 7 . — Returns

80. The official representative of every authorized political party must, not later than 1 April each year, submit to the treasurer for the preceding financial period, a financial return containing a balance sheet, a statement of income and expenses and a statement of developments in the financial position of the party, prepared in accordance with generally recognized accounting standards.

1978, c. 63, s. 80; 1982, c. 31, s. 74.

80.1. The statement of income and expenses must include a general income statement and the total expenses, and indicate, in addition,

(1)  the total sum of the anonymous donations collected at meetings or demonstrations contemplated in subparagraph b of the first paragraph of section 35, and the nature, place and date of the meetings or demonstrations;

(2)  the total sum of contributions of $100 or less and of the amounts collected pursuant to subparagraph e of the first paragraph of section 35;

(3)  the total sum of amounts collected under subparagraph f of the first paragraph of section 35 as registration fees at a political convention, and the place and date of the convention;

(4)  the total sum of amounts collected under subparagraph g of the first paragraph of section 35 as entrance fees to an activity or demonstration of a political nature, and the nature, place and date of the activity or demonstration;

(5)  the total sum of contributions of over $100.

1982, c. 31, s. 74.

80.2. The financial return must indicate, furthermore,

(1)  the financial institutions where the amounts collected by the party are deposited and the account numbers used and the total value of the goods or services furnished or rendered free of charge;

(2)  the name and full address of each elector who has paid a contribution of over $100;

(3)  where such is the case, the name and full address of each elector who became surety and the amount for which he became surety;

(4)  a detailed statement of all amounts transferred or loaned between the party and authorities of the party;

(5)  a detailed statement of all amounts borrowed in accordance with subparagraph d of the first paragraph of section 35, the date of each loan, the name and full address of the lender, the rate of interest charged, and the amount of the repayments in capital and interest.

The official representative must, for two years from the date of submitting the return, keep the receipts issued for contributions collected during a financial period. These receipts must be handed over to the treasurer at his request.

1982, c. 31, s. 74.

81. For the purposes of this subdivision, the financial period corresponds to the calendar year.

1978, c. 63, s. 81; 1982, c. 31, s. 74.

82. No return mentioned in section 80 is deemed submitted to the treasurer unless it is accompanied with the certificate contemplated in section 77.

1978, c. 63, s. 82; 1982, c. 31, s. 74.

83. Where the time prescribed in section 80 expires during the election period of a general election, it is extended to ninety days after the date of such election.

For the application of this section, the election period begins on the sixty-fourth day preceding the ballot or the day before the publication of the notice of the date of nomination day, and ends, for each candidate for an office, on the day a candidate is declared elected to that office by the returning officer.

1978, c. 63, s. 83; 1982, c. 31, s. 75.

84. Where the time prescribed in section 80 expires within ninety days after the date of a general election, it is extended to one hundred and twenty days after the date of such election.

1978, c. 63, s. 84; 1982, c. 31, s. 76.

85. The official representative of an authorized independent candidate must, within ninety days after polling day, submit a return to the treasurer.

The return must contain a statement of income and expenses prepared in accordance with section 80.1, and the information provided for in section 80.2. It must be accompanied with a copy of each of the receipts issued for contributions.

1978, c. 63, s. 85; 1980, c. 16, s. 28; 1982, c. 31, s. 77.

85.1. An independent candidate who solicits and collects contributions after polling day or who, after submitting his return of election expenses, has amounts of money or goods in his election fund, must submit a return to the treasurer for the period ending on the next 31 December.

The return must be submitted not later than 1 April of the year following each financial period in which contributions have been solicited and collected or in which amounts of money or goods remain in the candidate’s election fund.

The return must be submitted in accordance with section 85 and be accompanied with the same documents.

1982, c. 31, s. 78.

86. Returns and documents submitted to the treasurer under this subdivision are available for public inspection not later than fourteen days after their receipt by the treasurer and form part of the documents of the municipality in his custody.

The treasurer must, without delay, transmit a copy of the documents contemplated in the first paragraph to the director general and give public notice, in a newspaper circulated in the municipality, of the date of production of such documents and of their availability to the public.

Receipts issued for contributions of less than $100 are not contemplated by this section.

Any person may examine such returns and documents during office hours; the treasurer must issue a copy thereof to any person applying for it, on payment of the fee fixed in accordance with the rate in force for the issue of copies of documents in the custody of the treasurer.

1978, c. 63, s. 86.

87. Not later than 30 September each year the treasurer must table a report of his activities for the preceding fiscal year, under this act, in the municipal council.

1978, c. 63, s. 87.

88. If the return of a party is not submitted within the fixed time, the following person becomes, ten days after the prescribed time, disqualified to sit or vote in the municipal council until the return is filed:

(a)  the leader of the party; or

(b)  if the latter has not been elected, the candidate of the party for the office of mayor; or

(c)  if the latter has not been elected, that candidate among the candidates of the party who has been elected in the electoral district on the electoral list of which the greatest number of electors were entered on polling day or, in case of a tie-vote, the councillor among those concerned who is determined by a drawing of lots carried out by the clerk at the first sitting of the council after the expiry of the period fixed for the production of the report.

If the report of an independent candidate is not filed within the prescribed time, that candidate if he has been elected, becomes, ten days after the expiry of the prescribed time, disqualified to sit or vote in the municipal council until the return is filed.

Sections 105, 106 and 108 apply mutatismutandis to this subdivision.

1978, c. 63, s. 88; 1982, c. 31, s. 79.

89. Any person who sits or votes in the municipal council contrary to section 88 is guilty of an offence and liable, on summary proceeding, to a fine of $500, in addition to costs, for each day he so sits or votes.

1978, c. 63, s. 89.

90. Subject to section 89, every person who contravenes this subdivision is guilty of an offence and liable on summary proceeding to a fine of $100 to $1 000. Every person who permits or tolerates or participates in the offence is also guilty of it.

1978, c. 63, s. 90.

§ 8 . — Offences and penalties

91. Any person who contravenes any of sections 48, 57 to 63, 65 to 67, 69 to 71 and 73 is guilty of an offence and is liable, on summary proceedings, to a fine of not less than $100 in the case of an elector nor $1 000 in other case, nor more than $25 000.

Any person who contravenes any of sections 36, 37 and 50 is guilty of an offence and is liable, on summary proceedings, to a fine of not less than $100 nor more than $1 000.

1978, c. 63, s. 91; 1982, c. 31, s. 80.

92. Proceedings for contraventions against this division or the guidelines issued hereunder shall be instituted by the director general or by a person generally or specially authorized by him.

1978, c. 63, s. 92.

93. (1)  This division does not apply to electoral funds which, on the date when this chapter applies to the municipality, are in the possession of political parties existing on that date, or of their authorized agents.

(2)  Such funds must be turned over, within ninety days after the date mentioned in subsection 1, to the official representatives of the political parties concerned, who shall deposit them in separate accounts in financial institutions contemplated in section 69.

(3)  The first return that must be submitted by the official representative of the party concerned under section 82 is not deeemed validly submitted unless it indicates:

(a)  the total amount of the funds and assets in the possession of the party on the date mentioned in subsection 1;

(b)  the financial institutions where such funds are deposited and the account numbers used.

(4)  Only the interest accruing to such funds may be added to them.

(5)  (Subsection repealed).

(6)  The funds in the possession of the various authorities of the political parties on the date mentioned in subsection 1 must be set out in a statement and turned over, within the delay mentioned in subsection 2, to the official representative of the party concerned.

1978, c. 63, s. 93; 1982, c. 31, s. 81.

DIVISION II ELECTION EXPENSES

94. (1)  In this division,

(a)  the expression “election expenses” means all the expenditures incurred during an election period to promote or oppose, directly or indirectly, the election of a candidate or that of the candidates of a party or to propagate or oppose the programme or policy of a candidate or party or to approve or disapprove the steps recommended or opposed by them or the things done or proposed by them or their supporters;

(b)  the expression “election period” means the period beginning on the twenty-first day preceding the date of a polling day and ending, for each candidate for an office, on the day the returning officer declares a candidate elected to that office.

(2)  The following are not considered election expenses:

(a)  the publishing in a newspaper or other periodical of editorials, news, reports or letters to the editor, provided that they are published in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward, that the newspaper or other periodical is not established for the purposes of the election or with a view to the election and that the circulation and frequency of publication thereof do not differ from what obtains outside the election period;

(b)  the transmission by a radio or television station of a broadcast of news or comment, provided that such broadcast is made in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward;

(c)  the necessary cost of holding a convention in an electoral district for the selection of a candidate; such necessary cost includes the cost of renting a hall and the convening of delegates, but shall not include any publicity nor exceed $2 250;

(c.1)  the reasonable expenses of a candidate for attending a convention to choose a candidate for an electoral district except any cost of publicity;

(d)  the transportation costs of a candidate, if not subject to reimbursement;

(e)  the transportation costs of any person other than a candidate, paid out of his own money, if such costs are not reimbursed to him;

(f)  the sum deposited with the nomination paper;

(g)  the reasonable expenses incurred for the publication of explanatory commentaries on this act, provided that such commentaries are strictly objective and contain no publicity of such a nature as to favour or oppose a candidate or a party;

(h)  the reasonable expenses usually incurred for the current operation of the permanent office of a party whose address is entered in the registers of the director general;

(i)  interest accrued between the beginning of the election period and the ninetieth day following polling day on any loan lawfully granted to an official representative for election expenses unless the official agent has paid the interest and declared it as an election expense in his return of election expenses.

For the purposes of paragraph h, the permanent office of an authorized party is the office where, in order to ensure dissemination of the political programme of such party and to coordinate the political activity of its members, employees of the party or of a body associated therewith work on a permanent basis outside the election period, for the attainment of its objects, and which the leader of the party has recognized for such purpose by a letter sent to the treasurer before the seventh day following publication of the notice of the date for the nomination of candidates.

(3)  The expenditures incurred before an election period for literature, objects or materials of an advertising nature, used during the election period for the purposes contemplated by the definition of the expression “election expenses”, are election expenses. These expenses are deemed to have been made by the official agent during the election period if he authorized such use.

(4)  In this section, the word “candidate” includes any person who subsequently becomes or is likely to become a candidate.

1978, c. 63, s. 94; 1982, c. 31, s. 82; 1985, c. 27, s. 83.

95. A political party must have an official agent to incur election expenses. The official representative of the party is the official agent of the party unless another person is designated in writing for that purpose by the leader of the party.

The returning officer shall indicate the name of the official agent of the party in the notice of poll.

1978, c. 63, s. 95; 1982, c. 31, s. 83.

95.1. The official agent of a political party may, with the approval of the leader of the party, appoint the required number of deputies and authorize them to incur or authorize election expenses up to the amount fixed by him in their deed of appointment. That amount may be changed by the official agent during the election period.

All election expenses incurred by a deputy of the official agent are deemed to have been incurred by the official agent.

Every deputy must furnish to the official agent of the party a detailed account of the expenses incurred or authorized by him.

1982, c. 31, s. 83.

96. (1)  The official representative of an authorized independent candidate is that candidate’s official agent.

(2)  An unauthorized independent candidate must file a writing designating his official agent at the time he files his nomination paper.

(3)  If the official agent designated in accordance with subsection 2 dies, resigns or becomes unable to act, the candidate must immediately appoint another by means of a writing delivered to the returning officer.

(4)  He may, in the same manner, dismiss his official agent and appoint another.

(5)  The returning officer must immediately inform the treasurer of every appointment or replacement of an official agent; he shall indicate in the notice of poll the name of the official agent of any independent candidate.

1978, c. 63, s. 96; 1982, c. 31, s. 84.

96.1. The official representative of an authorized independent candidate is that candidate’s official agent.

1982, c. 31, s. 85.

97. No person may be the official agent of a party or of an independent candidate, if

(a)  he is not an elector in the municipality;

(b)  he is a candidate, election officer or employee of an election officer;

(c)  he is functionary or other employee of the municipality.

For the application of this section, an elector is a natural person entitled to entry on the electoral list of the municipality by virtue of the act governing the municipality.

1978, c. 63, s. 97.

97.1. An official agent or his deputy shall not pay the cost of election expenses except out of an election fund.

1982, c. 31, s. 86.

97.2. Funds held in accordance with Division I by an authorized party or an authorized independent candidate are the only funds that may be paid into the election fund put at the disposal of an official agent.

1982, c. 31, s. 86.

98. (1)  During an election period, only the official agent of an authorized candidate or party or his deputy may incur or authorize election expenses.

(1.1)  No literature, object or material of an advertising nature contemplated in subsection 3 of section 94 may be used during an election period except by the official agent of an authorized candidate or party or his deputy, or with his authorization.

(2)  It is forbidden for any person to accept or execute an order for election expenses not given or authorized by such an official agent or in his name by his publicity agency recognized by the treasurer.

(3)  No person may claim or receive for election expenses a price different from his regular price for similar work or merchandise outside the election period, nor accept a different remuneration or renounce remuneration.

(4)  Any individual may, however, contribute without remuneration his personal services and the use of his vehicle provided that he does so freely and not as part of his work in the service of an employer.

(5)  A candidate may himself pay his personal expenses incurred on the occasion of an election, up to the amount of $450. Subject to paragraphs c and d of subsection 2 of section 94, the expenses he may so pay form part of his election expenses but must not include any publicity and the candidate must send a detailed statement thereof to his official agent or to the official agent of his party, as the case may be.

(6)  Nothing in this section relates to the services rendered by a functionary or other employee of the municipality in the normal discharge of his duties.

(7)  At general elections only, the official agent of an authorized party or his deputy may, for as long as no candidate of his party has filed his nomination paper and before the day fixed for the nomination of candidates, authorize election expenses in an electoral district for an amount not exceeding $750 and including no publicity.

1978, c. 63, s. 98; 1982, c. 31, s. 87; 1985, c. 27, s. 84.

99. Every printed advertisement, prospectus, placard, poster, pamphlet, handbill or circular relating to any election must bear the name and address of its printer and of the person on whose behalf it was printed or published.

Every advertisement relating to an election published in a newspaper or other publication must include the name and address of the person who has it published; such name and address must be mentioned at the beginning or at the end of any sponsored radio or television programme relating to an election.

However, in the case of printed matter, an advertisement or a radio or television program ordered by an official agent, the address is replaced by that of the title of the official agent.

Anything that constitutes election expenses is deemed to relate to an election.

1978, c. 63, s. 99; 1982, c. 31, s. 88.

100. (1)  An official agent who wishes to order election expenses through a publicity agency must so inform the treasurer in writing.

(2)  If it is shown to his satisfaction that it is a bonafide agency, the treasurer shall cause to be published in a newspaper circulated in the municipality a notice that the agency so designated is recognized as the mandatary of such official agent.

(3)  All election expenses ordered by the agency so designated are deemed to be ordered by the official agent.

(4)  The agency must remit to the official agent a detailed statement of the election expenses it has ordered. The statement must be in the form prescribed by the director general.

1978, c. 63, s. 100; 1982, c. 31, s. 89.

101. (1)  Any payment for election expenses of $35 or more must be proved by an itemized invoice.

(2)  An itemized invoice must provide all the particulars required for auditing each item of work or material and the rate or unit price used for computing the amount.

(3)  Every person to whom an amount is due for election expenses must present his claim to the official agent not later than sixty days following polling day. After that time, the claim is prescribed.

(4)  If the official agent has died and has not been replaced, the claim must be forwarded within the same period to the leader of the party or to the independent candidate himself, as the case may be.

1978, c. 63, s. 101; 1982, c. 31, s. 90; 1985, c. 27, s. 85.

102. (1)  Election expenses for an independent candidate for the office of mayor, or for a party on behalf of its candidate for the office of mayor, are limited, during an election, to the total of the following amounts:

(a)  $4 500;

(b)  $0.35 for each elector included in the group of electors over 1 000 but not over 20 000 in the whole municipality;

(c)  $0.60 for each elector included in the group of electors over 20 000 but not over 100 000 in the whole municipality;

(d)  $0.45 for each elector included in the group of electors over 100 000 in the whole municipality.

(2)  Election expenses for an independent candidate for the office of councillor, or for a party on behalf of its candidate for the office of councillor, are limited during an election and in each electoral district to the total of the following amounts:

(a)  $2 250;

(b)  $0.35 for each elector included in the group of electors over 1 000 in the district.

1978, c. 63, s. 102; 1985, c. 27, s. 86.

103. (1)  The treasurer shall reimburse, out of the municipality’s general fund, an amount equal to 50% of the election expenses incurred and paid in accordance with this chapter to the official agent of an independent candidate who is elected or obtains at least 20% of the valid votes at an election for the office of mayor or concillor, as the case may be.

(2)  He shall reimburse the official agent of a party, out of the municipality’s general fund, an amount equal to 50% of the expenses incurred and paid in accordance with this division for a candidate for the office of mayor or a candidate for the office of councillor in each electoral district, if such candidate is elected or obtains at least 20% of the votes cast during the election for the office in question.

(2.1)  In the case of an independent candidate, no reimbursement may exceed the amount of the debts resulting from his election expenses.

(3)  (Subsection renumbered).

(4)  (Subsection renumbered).

1978, c. 63, s. 103, subs. 1-2; 1982, c. 31, s. 91.

103.1. (1)  To be entitled to reimbursement, the official agent of the candidate or party must produce a statement in the form prescribed by the director general and such statement must be accompanied with an affidavit or solemn affirmation and invoices, receipts or other vouchers, or certified copies of such document.

(2)  However, the treasurer shall not make a reimbursement so long as the official agent of a candidate or party has not delivered, in accordance with the first paragraph of section 104, a return of election expenses or has not been excused from the delay to deliver it by order of a judge, in accordance with the second paragraph of section 106.

(3)  Reimbursements of election expenses are made to the official representative of the political party. In the case of an independent candidate, reimbursements are made jointly to the candidate and his official agent.

1978, c. 63, s. 103, subs. 3-4; 1982, c. 31, s. 91; 1982, c. 31, s. 92.

104. Within 90 days following polling day, the official agent of an authorized party or of an independent candidate, must deliver to the treasurer or leave at his domicile a return of election expenses in the form prescribed by the director general.

The return must be accompanied with the invoices, receipts and other vouchers or with certified copies of such documents, and with a list of such documents and a sworn statement in the prescribed form.

1978, c. 63, s. 104; 1982, c. 31, s. 93.

104.1. The treasurer shall publish, in a newspaper circulated in the municipality, a summary of the returns within thirty days following the expiry of the time limit provided for their submission.

The treasurer shall keep the documents for one year from their receipt. During that period, he must permit any elector to examine the documents and make copies of them at the place designated by him for that purpose. At the expiry of that period, he shall return the invoices and vouchers to the candidate at the latter’s request; otherwise, he may destroy them.

1982, c. 31, s. 93.

104.2. In the return prescribed in section 104, the official agent must indicate, in addition to election expenses, the source of the sums paid into the election fund and put at his disposal.

1982, c. 31, s. 93.

104.3. On filing the return prescribed in section 104, the official agent must remit the sums or goods remaining in his election fund to the official representative of the party; in the case of the official agent of an authorized independent candidate, he shall remit the sums and goods to the candidate.

1982, c. 31, s. 93.

104.4. No sum or goods received by an authorized independent candidate may be used by him except for political, religious, scientific or charitable purposes.

1982, c. 31, s. 93.

105. If the return and sworn statement prescribed by section 104 are not produced within the fixed time, the candidate or the person determined pursuant to the first paragraph of section 88, as the case may be, becomes, ten days after the expiry of the prescribed time, disqualified from sitting or voting in the municipal council until such return and sworn statement have been delivered.

However, a judge, by order, on a motion made before the candidate or person determined under the first paragraph of section 88 is disqualified from sitting or voting, may allow him to continue to sit or vote for an additional period of not more than thirty days.

In no case described in the first paragraph may the leader of the party or the independent candidate be nominated again at an election in any municipality whatever, until the return and affidavit have been delivered and he has been excused for the delay by order of a judge.

1978, c. 63, s. 105; 1980, c. 16, s. 29; 1982, c. 31, s. 94.

106. If a return or an sworn statement contains any error, the candidate or party leader may obtain permission from a judge to correct such error on establishing that it was made through inadvertence. However, the treasurer may, exofficio, allow the error to be corrected if the correction is not contested by a party or a candidate, as the case may be.

If an independent candidate or party leader establishes before a judge that the absence, death, illness or misconduct of an official agent or any other reasonable cause prevents the preparation and production of a return prescribed in section 104, such judge may make any order he deems necessary to enable the applicant to obtain all the information and documents necessary to prepare the return and affidavit and grant such further delay as the circumstances may require.

Failure to comply with an order made under this section is punishable in the same manner as failure to appear to testify before the court.

1978, c. 63, s. 106; 1982, c. 31, s. 95.

107. Before filing the return and affidavit prescribed by section 104, an official agent must have paid all the claims received within the period prescribed by section 101, unless he contests them and mentions them therein as being contested.

It is forbidden for the official agent and the party leader or candidate to pay a claim so contested, except in execution of a judgment of a competent court in favour of the creditor after the hearing of the case but not upon an acquiescence in the demand or an agreement of settlement.

A judge, or the treasurer if no party or candidate objects, may authorize an official agent, a party leader or a candidate to pay a contested claim or a prescribed claim if the refusal or failure to pay results from a bonafide error, and if that payment does not increase the election expenses to an amount exceeding the limit fixed by section 102.

1978, c. 63, s. 107; 1982, c. 31, s. 96; 1982, c. 17, s. 45.

107.1. The director general may refer to a judge any claim contested by an official agent. Such a case is heard and decided by preference.

1982, c. 31, s. 97.

108. The judge having jurisdiction to take cognizance of a motion under the preceding three sections is the judge to whom an application for a recount must be presented under the act governing the municipality.

No such motion may be heard without notice of at least three clear days to the treasurer and to each of the other candidates for the office of councillor concerned or for the office of mayor, as the case may be, or, in the case of a party leader, to each of the other recognized party leaders.

1978, c. 63, s. 108.

109. Whosoever sits or votes in a municipal council contrary to section 105 is guilty of an offence and is liable, on summary proceeding, to a fine of $500 and costs for each day on which he so sits or votes.

1978, c. 63, s. 109.

110. Every official agent who incurs or authorizes election expenses exceeding the maximum fixed by section 102 or files a false return or sworn statement or produces a falsified invoice, receipt or other voucher, or, after the filing of his return, pays a claim otherwise than as permitted by section 107, is guilty of an offence.

A candidate or party leader who incurs, pays or authorizes any election expenses otherwise than as permitted by this division, is guilty of an offence.

Every person is guilty of an offence contemplated in this section who permits, tolerates or participates in any way in the commission thereof.

Every person who is guilty of an offence contemplated in this section is liable to a fine of not less than $100 nor more than $10 000 or to such a fine and imprisonment for not more than twelve months.

1978, c. 63, s. 110; 1982, c. 31, s. 98.

110.1. Every offence mentioned in section 110 is a corrupt election practice.

1982, c. 31, s. 98.

111. Every person who commits an offence under this division, other than an offence contemplated in section 110, is liable to a fine of not less than $100 nor more than $1 000 or to such a fine and imprisonment for not over six months.

Every person who permits, tolerates or participates in any way in an offence referred to in this section is guilty of the offence.

1978, c. 63, s. 111; 1982, c. 31, s. 99.

111.1. Proceedings under this division are taken according to the Summary Convictions Act (chapter P-15).

Where this Act requires that a document be filed with the director general, and the document discloses the committing of an offence, proceedings may be brought during the year following the date of filing of the document.

1982, c. 31, s. 99; 1982, c. 63, s. 191.

112. Proceedings for offences against this division are taken by the director general or by a person generally or specially authorized by him.

1978, c. 63, s. 112.

113. The director general may prescribe the form provided for in sections 103 and 104.

1978, c. 63, s. 113.

DIVISION III CONTROL AND SUPERVISION

114. For the purposes of the application of this chapter, the treasurer is subject to the authority of the director general.

1978, c. 63, s. 114.

115. The director general must provide the treasurer with any assistance the latter may need in the discharge of his duties pursuant to this chapter.

1978, c. 63, s. 115.

116. Any decision made by the treasurer pursuant to this chapter may be appealed before the director general; the appeal must be served on the director general and the treasurer within 15 days of such decision; the director general renders the final decision, after inquiry; he may confirm, amend or quash the decision of the treasurer.

1978, c. 63, s. 116.

CHAPTER VIII FINAL PROVISIONS

117. The provisions of a general law or special act or of letters patent that apply to a municipality, or of a municipal by-law, concerning the matters contemplated in the chapters or divisions of this Part that are applicable to this municipality, continue to apply, mutatismutandis, to the extent that they are not inconsistent with these chapters or divisions.

1978, c. 63, s. 117; 1980, c. 16, s. 30.

118. A provision of an act, of a by-law or of letters patent contemplated in section 117 that prohibits the provision, wearing or use of objects that proclaim membership in a party, or support of or opposition to a party, a candidate or ideas advocated or opposed by a party or a candidate is inoperative in a municipality to which Chapter VII applies.

Such a provision continues to apply, however,

(1)  at all times during the period that it contemplates, in or on an immoveable where a polling office is located or in or on an adjacent immoveable, and

(2)  throughout the municipality on polling day.

1978, c. 63, s. 118; 1979, c. 39, s. 13; 1980, c. 16, s. 31.

118.1. A provision of an act, of letters patent or of a by-law, ordering an amalgamation or annexation of municipalities, that comes into force after 18 June 1980 and that concerns a matter contemplated by Chapter II or III, takes precedence over any inconsistent provision of that chapter.

1980, c. 16, s. 31.

PART II EXECUTIVE COMMITTEES

119. Amendment integrated into c. C-19, ss. 70.1-70.10.

1978, c. 63, s. 119.

PART III FINAL PROVISIONS

120. (1)  For the application of this act, the population of a municipality is that given in the last census recognized as valid under section 7 of the Cities and Towns Act (chapter C-19) or article 26 of the Municipal Code (chapter C-27.1), as the case may be, effective only from the date of publication of a Government order under this section.

(2)  In a case of amalgamation or complete annexation of a municipality, the population of the new municipality or of the annexing municipality is made up of the sum of the populations of all the municipalities involved in the amalgamation or affected by the annexation, as determined in accordance with this section.

(3)  In the case of the annexation of part of a municipality or of a territory that does not have any local municipal organization, the population of the municipality affected by annexation is that which the Government may establish, if the Minister of Municipal Affairs contends that the apparent effect of the annexation has been to increase the population of the municipality to 1 000, 20 000, 50 000, 100 000, 250 000, 500 000 or 1 000 000 inhabitants or over, or to bring it below one of these figures.

A Government order comes into force on the date of its publication in the Gazette officielle du Québec.

(4)  The population of a municipality as determined under subsection 2 or 3 is valid until it is determined in accordance with subsection 1 on the basis of a census carried out after the amalgamation or annexation.

1978, c. 63, s. 120; 1980, c. 16, s. 32.

121. Chapters II and III of Part I apply for the purposes of a general election prescribed for 1980 solely to a municipality having a population, on 18 June 1980, of 20 000 or over. For the purposes of that election in that municipality, the periods mentioned in the first and second paragraphs of section 3 expire on 31 July and 31 August 1980, respectively, the first paragraph of section 4 applies imperatively, and the by-law contemplated in section 3 may be passed without following the procedure provided in sections 3.3 to 3.8.

1978, c. 63, s. 121; 1979, c. 39, s. 14; 1980, c. 16, s. 33.

121.1. Chapters II and III of Part I apply for the purposes of a general election prescribed for 1981 solely to a municipality contemplated in section 121 or a municipality that complies with the second paragraph. For the purposes of that election in that municipality, the periods mentioned in the first and second paragraphs of section 3 expire on 31 December 1980 and 31 March 1981, respectively.

A municipality having a population, on 18 June 1980, of 1 000 or over but under 20 000 may order that Chapters II and III of Part I apply to it for the purposes of the general election prescribed for 1981, by complying with section 1.4, provided that the by-law contemplated therein is in force before 1 September 1980.

1980, c. 16, s. 33.

122. The chief electoral officer and the Commission de la représentation must, not later than 30 September of each year, give the President of the National Assembly a report of their respective activities under this Act for the preceding year.

The President of the National Assembly shall table each report in the National Assembly, if it is sitting, within thirty days of receipt of the report; if he receives it when the National Assembly is not sitting, he shall table it within thirty days of the opening of the next session or of resumption, as the case may be.

1978, c. 63, s. 122; 1980, c. 16, s. 34; 1982, c. 31, s. 100; 1982, c. 54, s. 39; 1982, c. 62, s. 143; 1984, c. 51, s. 561.

122.1. The Minister of Municipal Affairs is responsible for the administration of this Act, except regarding the powers and responsibilities it confers or imposes on the chief electoral officer and on the Commission de la représentation.

1980, c. 16, s. 34; 1982, c. 54, s. 39; 1984, c. 51, s. 561.

123. Omitted.

1978, c. 63, s. 123.

124. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE A

Notice of the date of an election for the purpose of filling a
vacancy

  PUBLIC NOTICE is hereby given that an election will be held
on .........., if that becomes necessary in accordance with the
     (date)
law, for the purpose of filling the vacancy in the office of

                    ........................

                    ........................

                    ........................
                      (list all the vacant
                            offices)

  Given under my hand, at ...................., this ..........
                                (city)                (date)

                                          .....................
                                            Returning officer    

1980, c. 16, s. 35.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 63 of the statutes of 1978, in force on 1 November 1980, is repealed, except section 123, effective from the coming into force of chapter E-2.1 of the Revised Statutes.