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C-19 - Cities and Towns Act

Section 328
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328. The mayor shall preside at the sittings of the council; in the absence of the mayor and of the acting-mayor, the council shall choose another of its members to preside.
Despite the first paragraph, the council of a municipality with a population of 50,000 or more must, if the mayor so requests, choose from among its members a chair of the council as well as a vice-chair to replace the chair if the latter is absent. In the absence of the chair and the vice-chair, the council shall choose another of its members to preside.
The mayor or any person presiding at a sitting of the council shall be entitled to vote but need not do so; every other member of the council must vote, unless he is prevented therefrom by reason of his interest in the matter concerned, under the Act respecting elections and referendums in municipalities (chapter E-2.2), or if his voting could violate a rule of the code of ethics and conduct of the members of the council of the municipality.
Subject to the fifth paragraph and to section 20.1 of the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4), when there is a tie-vote, the decision is deemed to be in the negative.
If a tie-vote occurs during a sitting of a borough council composed of an even number of councillors, the mayor of the city must break the tie. The officer who acts as clerk for the borough shall send the mayor a copy of the proposal that was put to a vote. Within 15 days after receiving the copy, the mayor must inform the borough council of his decision in writing. If the mayor does not act within that period, the decision of the borough council in respect of the proposal is deemed to be in the negative.
The fifth paragraph does not apply in the case of a borough council of Ville de Montréal.
R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98; 1987, c. 57, s. 709; 2006, c. 31, s. 19; 2021, c. 31, s. 61; 2024, c. 24, s. 28.
328. The mayor shall preside at the sittings of the council; in the absence of the mayor and of the acting-mayor, the council shall choose another of its members to preside.
The mayor or any person presiding at a sitting of the council shall be entitled to vote but need not do so; every other member of the council must vote, unless he is prevented therefrom by reason of his interest in the matter concerned, under the Act respecting elections and referendums in municipalities (chapter E‐2.2), or if his voting could violate a rule of the code of ethics and conduct of the members of the council of the municipality.
Subject to the fourth paragraph and to section 20.1 of the Charter of Ville de Montréal, metropolis of Québec (chapter C‐11.4), when there is a tie-vote, the decision is deemed to be in the negative.
If a tie-vote occurs during a sitting of a borough council composed of an even number of councillors, the mayor of the city must break the tie. The officer who acts as clerk for the borough shall send the mayor a copy of the proposal that was put to a vote. Within 15 days after receiving the copy, the mayor must inform the borough council of his decision in writing. If the mayor does not act within that period, the decision of the borough council in respect of the proposal is deemed to be in the negative.
The fourth paragraph does not apply in the case of a borough council of Ville de Montréal.
R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98; 1987, c. 57, s. 709; 2006, c. 31, s. 19; 2021, c. 31, s. 61.
328. The mayor shall preside at the sittings of the council; in the absence of the mayor and of the acting-mayor, the council shall choose another of its members to preside.
The mayor or any person presiding at a sitting of the council shall be entitled to vote but need not do so; every other member of the council must vote, unless he is prevented therefrom by reason of his interest in the matter concerned, under the Act respecting elections and referendums in municipalities (chapter E‐2.2).
Subject to the fourth paragraph and to section 20.1 of the Charter of Ville de Montréal, metropolis of Québec (chapter C‐11.4), when there is a tie-vote, the decision is deemed to be in the negative.
If a tie-vote occurs during a sitting of a borough council composed of an even number of councillors, the mayor of the city must break the tie. The officer who acts as clerk for the borough shall send the mayor a copy of the proposal that was put to a vote. Within 15 days after receiving the copy, the mayor must inform the borough council of his decision in writing. If the mayor does not act within that period, the decision of the borough council in respect of the proposal is deemed to be in the negative.
The fourth paragraph does not apply in the case of a borough council of Ville de Montréal.
R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98; 1987, c. 57, s. 709; 2006, c. 31, s. 19.
328. The mayor shall preside at the sittings of the council; in the absence of the mayor and of the acting-mayor, the council shall choose another of its members to preside.
The mayor or any person presiding at a sitting of the council shall be entitled to vote but need not do so; every other member of the council must vote, unless he is prevented therefrom by reason of his interest in the matter concerned, under the Act respecting elections and referendums in municipalities (chapter E‐2.2).
Subject to the fourth paragraph and to section 20.1 of the Charter of Ville de Montréal (chapter C‐11.4), when there is a tie-vote, the decision is deemed to be in the negative.
If a tie-vote occurs during a sitting of a borough council composed of an even number of councillors, the mayor of the city must break the tie. The officer who acts as clerk for the borough shall send the mayor a copy of the proposal that was put to a vote. Within 15 days after receiving the copy, the mayor must inform the borough council of his decision in writing. If the mayor does not act within that period, the decision of the borough council in respect of the proposal is deemed to be in the negative.
The fourth paragraph does not apply in the case of a borough council of Ville de Montréal.
R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98; 1987, c. 57, s. 709; 2006, c. 31, s. 19.
328. The mayor shall preside at the sittings of the council; in the absence of the mayor and of the acting-mayor, the council shall choose another of its members to preside.
The mayor or any person presiding at a sitting of the council shall be entitled to vote but need not do so; every other member of the council must vote, unless he is prevented therefrom by reason of his interest in the matter concerned, under the Act respecting elections and referendums in municipalities (chapter E-2.2). When a vote results in a tie, the decision shall be deemed to be in the negative.
R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98; 1987, c. 57, s. 709.
328. The mayor shall preside at the sittings of the council; in the absence of the mayor and of the acting-mayor, the council shall choose another of its members to preside.
The mayor or any person presiding at a sitting of the council shall be entitled to vote but need not do so; every other member of the council must vote, subject to section 330. When a vote results in a tie, the decision shall be deemed to be in the negative.
R. S. 1964, c. 193, s. 355; 1968, c. 55, s. 98.
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