C-19 - Cities and Towns Act

Section 573.3.4 Disposition versions

2018-04-19

573.3.4. A member of the council who knowingly fails to comply with the prohibition set out in subsection 3.1 of section 573 or who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules or measures set out or provided for in the preceding sections of this subdivision, in a regulation made under section 573.3.0.1, 573.3.0.2 or 573.3.1.1 or in the policy adopted under section 573.3.1.2 may be held personally liable toward the municipality for any loss or damage it suffers and be declared disqualified, for two years, from office as a member of the council of any municipality, from office as a member of any municipal body within the meaning of section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or from holding a position as an officer or employee of a municipality or such a body.

The liability provided for in the first paragraph is solidary and applies to every officer or employee of the municipality and to every person who knowingly is a party to the illegal act.

Proceedings in declaration of disqualification shall be taken in conformity with subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities.

2002, c. 37, s. 91; 2010, c. 1, s. 17; 2014, c. 1, s. 780; 2018, c. 8, s. 76.

2016-01-01

573.3.4. A member of the council who knowingly fails to comply with the prohibition set out in subsection 3.1 of section 573 or who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules or measures set out or provided for in the preceding sections of this subdivision, in a regulation made under section 573.3.0.1 or 573.3.1.1 or in the policy adopted under section 573.3.1.2 may be held personally liable toward the municipality for any loss or damage it suffers and be declared disqualified, for two years, from office as a member of the council of any municipality, from office as a member of any municipal body within the meaning of section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or from holding a position as an officer or employee of a municipality or such a body.

The liability provided for in the first paragraph is solidary and applies to every officer or employee of the municipality and to every person who knowingly is a party to the illegal act.

Proceedings in declaration of disqualification shall be taken in conformity with subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C-25.01); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities.

2002, c. 37, s. 91; 2010, c. 1, s. 17; 2014, c. 1, s. 780.

2010-09-01

573.3.4. A member of the council who knowingly fails to comply with the prohibition set out in subsection 3.1 of section 573 or who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules or measures set out or provided for in the preceding sections of this subdivision, in a regulation made under section 573.3.0.1 or 573.3.1.1 or in the policy adopted under section 573.3.1.2 may be held personally liable toward the municipality for any loss or damage it suffers and be declared disqualified, for two years, from office as a member of the council of any municipality, from office as a member of any municipal body within the meaning of section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or from holding a position as an officer or employee of a municipality or such a body.

The liability provided for in the first paragraph is solidary and applies to every officer or employee of the municipality and to every person who knowingly is a party to the illegal act.

Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities.

2002, c. 37, s. 91; 2010, c. 1, s. 17.

2010-03-01

573.3.4. A member of the council who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules or measures set out or provided for in the preceding sections of this subdivision, in a regulation made under section 573.3.0.1 or 573.3.1.1 or in the policy adopted under section 573.3.1.2 may be held personally liable toward the municipality for any loss or damage it suffers and be declared disqualified, for two years, from office as a member of the council of any municipality, from office as a member of any municipal body within the meaning of section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or from holding a position as an officer or employee of a municipality or such a body.

The liability provided for in the first paragraph is solidary and applies to every officer or employee of the municipality and to every person who knowingly is a party to the illegal act.

Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities.

2002, c. 37, s. 91; 2010, c. 1, s. 17.

2002-06-14

573.3.4. A member of the council who knowingly, by his or her vote or otherwise, authorizes or effects the awarding or making of a contract without complying with the rules set out in the preceding sections of this subdivision or in the regulation made under section 573.3.0.1 may be held personally liable toward the municipality for any loss or damage it suffers and be declared disqualified, for two years, from office as a member of the council of any municipality, from office as a member of any municipal body within the meaning of section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2) or from holding a position as an officer or employee of a municipality or such a body.

The liability provided for in the first paragraph is solidary and applies to every officer or employee of the municipality and to every person who knowingly is a party to the illegal act.

Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities.

2002, c. 37, s. 91.