P-42.1.1 - Act to protect elected municipal officers and to facilitate the unhindered exercise of their functions

Updated to 6 June 2024

This document has official status.

chapter P-42.1.1

Act to protect elected municipal officers and to facilitate the unhindered exercise of their functions

1. The purpose of this Act is to promote the role of elected municipal officers, to encourage candidates to run in municipal elections and to improve the retention of elected municipal officers already in office by facilitating exercise of the functions of elected office within Québec municipal institutions that is unhindered and free from threats, harassment and intimidation, without restricting the right of any person to participate in public debates.

2024, c. 24, s. 1.

2. For the purposes of this Act,

(1)  “elected municipal officer” means a member of the council of a local municipality or a warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9);

(2)  “municipal body” means a local municipality, a regional county municipality, a metropolitan community, a public transit authority, an intermunicipal board, the Kativik Regional Government or the Eeyou Istchee James Bay Regional Government.

2024, c. 24, s. 2.

3. An elected municipal officer who, due to being an elected officer, is the subject of comments and actions that abusively hinder the exercise of their functions or that constitute an unlawful infringement of their privacy, may apply to the Superior Court for an injunction to put an end to the situation.

The Court assesses the application taking into account the public interest. It may, in particular, order a person

(1)  to not attend the sittings of any council of a municipal body of which the elected officer is a member;

(2)  to not be in the offices of any municipal body referred to in subparagraph 1 without having been authorized to do so by the council of that body;

(3)  to cease communicating with the elected officer; or

(4)  to cease disseminating in the public sphere comments referred to in the first paragraph.

An application is heard and decided on an urgent basis.

For the purposes of the first paragraph, expressing an opinion, by any means, in a manner that is in keeping with the democratic values of Québec does not constitute a hindrance.

2024, c. 24, s. 3.

4. Anyone who, during a sitting of any council of a municipal body, causes disorder in a way that abusively interferes with the conduct of the sitting is liable to a fine of not less than $50 nor more than $500.

2024, c. 24, s. 4.

5. Anyone who hinders the exercise of an elected municipal officer’s functions by threatening, intimidating or harassing the officer in a manner that causes them to reasonably fear for their integrity or safety is liable to a fine of not less than $500 nor more than $1,500.

2024, c. 24, s. 5.

6. Legal action referred to in section 3 may be taken by a local municipality for the benefit of a member of its council or by a regional county municipality for the benefit of its warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9).

Where the member or warden takes such legal action themselves or through an attorney of their choice, the municipality referred to in the first paragraph must pay any reasonable costs incurred for the action or, with the consent of the member or warden, reimburse those costs to them instead of paying the costs. However, if the Superior Court does not grant an injunction and the municipality is of the opinion that the legal action was taken without reasonable cause, the municipality is exempt from that obligation and may, where applicable, claim reimbursement of the expenses it incurred.

2024, c. 24, s. 6.

7. A local municipality may institute penal proceedings for an offence under section 4 or 5 that was committed in its territory.

The fine belongs to the municipality that instituted the proceedings.

Proceedings referred to in the first paragraph are instituted in any municipal court having jurisdiction in the territory in which the offence was committed. The costs relating to proceedings instituted before a municipal court belong to the municipality to which the court is attached, except the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C‐25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of that Code.

2024, c. 24, s. 7.

8. No injunction may be applied for under section 3 against an elected municipal officer regarding words or actions directed at another member of the municipal council of which the elected officer is a member.

No penal proceedings may be instituted against an elected municipal officer under section 4 regarding an act performed during a sitting of the council of which the elected officer is a member, or under section 5 regarding an act directed at another member of the municipal council of which the elected officer is a member.

2024, c. 24, s. 8.

9. The Minister of Municipal Affairs, Regions and Land Occupancy is responsible for the administration of this Act.

2024, c. 24, s. 9.