C-19 - Cities and Towns Act

Section 569 Disposition versions

2016-01-01

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(a.1)  to order a loan,

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish two or all of the above operations.

In the case of subparagraph b of the first paragraph, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of subparagraph c of the first paragraph, if the operation provided for in subparagraph b of the first paragraph is accomplished, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

The by-law ordering a loan to constitute or increase the amount of the working fund must, for the repayment of the loan, prescribe the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax based on the municipal valuation on all the taxable immovables in the territory of the municipality, and indicate the term of the loan, which must not exceed 10 years.

(1.1)  In no case may the amount of the fund exceed 20% of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may borrow from the working fund pending the collection of revenues, or in order to pay all or part of an expense resulting from the implementation of a departure incentive program for the officers and employees of the municipality or to pay a capital expenditure. The resolution authorizing the loan must specify the term of repayment, which may not exceed one year, five years or ten years, depending on the purpose of the loan.

(2.1)  (Subsection replaced).

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working fund and the compensatory sum provided for in section 569.0.3 are appropriated as ordinary revenue for the fiscal year in which the interest is earned and the sum collected.

(4.1)  If the working fund is abolished, the moneys available in it must be used to repay any loan contracted to constitute or increase the amount of the fund before they may be paid into the general fund.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working fund or its capital endowment for an amount exceeding the percentage prescribed in subsection 1.1;

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974;

(c)  the use of the available moneys, if the working fund is abolished, otherwise than in the manner prescribed in subsection 4.1,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with subparagraph 4 of the first paragraph of article 529 and articles 532 to 535 of the Code of Civil Procedure (chapter C‐25.01); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E‐2.2).

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727; 1992, c. 27, s. 25; 1999, c. 40, s. 51; 2004, c. 20, s. 102; 2005, c. 50, s. 16; 2006, c. 31, s. 28; 2008, c. 18, s. 28; 2014, c. 1, s. 780.

2008-06-12

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(a.1)  to order a loan,

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish two or all of the above operations.

In the case of subparagraph b of the first paragraph, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of subparagraph c of the first paragraph, if the operation provided for in subparagraph b of the first paragraph is accomplished, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

The by-law ordering a loan to constitute or increase the amount of the working fund must, for the repayment of the loan, prescribe the annual appropriation of a portion of the general revenues of the municipality or the imposition of a tax based on the municipal valuation on all the taxable immovables in the territory of the municipality, and indicate the term of the loan, which must not exceed 10 years.

(1.1)  In no case may the amount of the fund exceed 20% of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may borrow from the working fund pending the collection of revenues, or in order to pay all or part of an expense resulting from the implementation of a departure incentive program for the officers and employees of the municipality or to pay a capital expenditure. The resolution authorizing the loan must specify the term of repayment, which may not exceed one year, five years or ten years, depending on the purpose of the loan.

(2.1)  (Subsection replaced).

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working fund and the compensatory sum provided for in section 569.0.3 are appropriated as ordinary revenue for the fiscal year in which the interest is earned and the sum collected.

(4.1)  If the working fund is abolished, the moneys available in it must be used to repay any loan contracted to constitute or increase the amount of the fund before they may be paid into the general fund.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working fund or its capital endowment for an amount exceeding the percentage prescribed in subsection 1.1;

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974;

(c)  the use of the available moneys, if the working fund is abolished, otherwise than in the manner prescribed in subsection 4.1,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C‐25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E‐2.2).

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727; 1992, c. 27, s. 25; 1999, c. 40, s. 51; 2004, c. 20, s. 102; 2005, c. 50, s. 16; 2006, c. 31, s. 28; 2008, c. 18, s. 28.

2006-06-15

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(a.1)  to order a loan,

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish two or all of the above operations.

In the case of subparagraph b of the first paragraph, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of subparagraph c of the first paragraph, if the operation provided for in subparagraph b of the first paragraph is accomplished, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

The by-law ordering a loan to constitute or increase the amount of the working-fund must, for the repayment of the loan, prescribe the imposition of a tax based on the municipal valuation on all the taxable immovables in the territory of the municipality, and indicate the term of the loan, which must not exceed 10 years.

(1.1)  In no case may the amount of the fund exceed 20 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed 10 years. The council may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The council shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-funds.

(2.1)  The council may, by resolution, borrow from the fund the moneys it may need to pay all or part of the expenses resulting from the application of a departure incentive program for the officers and employees of the municipality. The resolution authorizing the loan shall indicate the term of repayment, which must not exceed five years. The council shall provide, every year, out of its general fund, a sum sufficient to repay the loan into the working-fund.

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working-fund shall be appropriated as ordinary revenue of the fiscal year during which it is earned.

(4.1)  If the working-fund is abolished, the moneys available in it must be used to repay any loan contracted to constitute or increase the amount of the fund before they may be paid into the general fund.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working-fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this section, when such approval is required by law or by the charter;

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974;

(c)  the use of the available moneys, if the working-fund is abolished, otherwise than in the manner prescribed in subsection 4.1,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C‐25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E‐2.2).

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727; 1992, c. 27, s. 25; 1999, c. 40, s. 51; 2004, c. 20, s. 102; 2005, c. 50, s. 16; 2006, c. 31, s. 28.

2005-12-16

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish both operations.

In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

(1.1)  In no case may the amount of the fund exceed 20 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed 10 years. The council may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed 12 months. The council shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-funds.

(2.1)  The council may, by resolution, borrow from the fund the moneys it may need to pay all or part of the expenses resulting from the application of a departure incentive program for the officers and employees of the municipality. The resolution authorizing the loan shall indicate the term of repayment, which must not exceed five years. The council shall provide, every year, out of its general fund, a sum sufficient to repay the loan into the working-fund.

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working-fund shall be appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working-fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this section, when such approval is required by law or by the charter; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C‐25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E‐2.2).

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727; 1992, c. 27, s. 25; 1999, c. 40, s. 51; 2004, c. 20, s. 102; 2005, c. 50, s. 16.

2004-11-01

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish both operations.

In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

(1.1)  In no case may the amount of the fund exceed 10 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The council may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed twelve months. The council shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-funds.

(2.1)  The council may, by resolution, borrow from the fund the moneys it may need to pay all or part of the expenses resulting from the application of a departure incentive program for the officers and employees of the municipality. The resolution authorizing the loan shall indicate the term of repayment, which must not exceed five years. The council shall provide, every year, out of its general fund, a sum sufficient to repay the loan into the working-fund.

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working-fund shall be appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working-fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this section, when such approval is required by law or by the charter; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C‐25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E‐2.2).

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727; 1992, c. 27, s. 25; 1999, c. 40, s. 51; 2004, c. 20, s. 102.

1999-10-22

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish both operations.

In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

(1.1)  In no case may the amount of the fund exceed 10 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The council may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed twelve months. The council shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-funds.

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working-fund shall be appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working-fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this section, when such approval is required by law or by the charter; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C‐25); those for indemnity for loss or damage, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E‐2.2).

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727; 1992, c. 27, s. 25; 1999, c. 40, s. 51.

1999-04-01

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish both operations.

In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

(1.1)  In no case may the amount of the fund exceed 10 % of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The council may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed twelve months. The council shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-funds.

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working-fund shall be appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working-fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this section, when such approval is required by law or by the charter; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure; those for indemnity for loss or damages, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727; 1992, c. 27, s. 25.

1988-01-01

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish both operations.

In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

When a by-law is made under this subsection, the clerk shall send a certified copy of it to the Minister of Municipal Affairs.

(1.1)  In no case may the amount of the fund exceed 10% of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The council may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed twelve months. The council shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-funds.

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working-fund shall be appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working-fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this section, when such approval is required by law or by the charter; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure; those for indemnity for loss or damages, by ordinary action. Any ratepayer may exercise such recourses.

Disqualification may also be declared by way of an action for declaration of disqualification under the Act respecting elections and referendums in municipalities (chapter E-2.2).

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42; 1987, c. 57, s. 727.

1985-01-01

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount of it; to that effect, it shall pass a by-law

(a)  to appropriate for that purpose the accumulated surplus of its general fund or part of it;

(b)  to appropriate for that purpose the revenues from a special tax provided for in the budget; or

(c)  to accomplish both operations.

In the case of paragraph b, the amount of the fund or its increase is equal to the revenues derived from the special tax as and when they are collected. In the case of paragraph c, the rule applies to that part of the fund or of its increase that is attributable to the revenues derived from the special tax.

When a by-law is made under this subsection, the clerk shall send a certified copy of it to the Minister of Municipal Affairs.

(1.1)  In no case may the amount of the fund exceed 10% of the appropriations provided for in the budget of the current fiscal year of the municipality. Where, however, the amount of the fund exceeds the prescribed percentage because the budget of a subsequent fiscal year provides for less appropriations than the budget used to fix the amount of the fund, the amount may remain unchanged.

(2)  The council may, by resolution, borrow from the fund the moneys it may need for capital expenditures. The resolution authorizing the loan shall indicate the term of repayment which must not exceed five years. The council may also borrow from the working-fund pending the collection of revenues; in that case, the term of repayment must not exceed twelve months. The council shall provide, every year, out of its general funds, a sum sufficient to repay the loan into the working-funds.

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working-fund shall be appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working-fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this section, when such approval is required by law or by the charter; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure; those for indemnity for loss or damages, by ordinary action. Any ratepayer may exercise such recourses.

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20; 1984, c. 38, s. 42.

1977-12-31

569. (1)  The council may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount of it; to that effect, it shall adopt a by-law to appropriate the surplus of its general fund or to order a loan repayable within a period not exceeding fifteen years. Such a by-law requires no other approval than that of the Minister of Municipal Affairs and of the Commission municipale du Québec.

(2)  The council may, by resolution, borrow from such fund the moneys it may need. The resolution authorizing the loan shall indicate the term of repayment which shall not exceed five years. Nevertheless, loans contracted pending the collection of revenues must be repaid within twelve months of the date of their approval. The council must provide, every year, out of its general revenues, a sum sufficient to repay the loan to the working fund. Such loans shall be subject to the approval of the Commission municipale du Québec.

(3)  The available moneys of such fund must be invested in accordance with section 99.

(4)  The interest on the working-fund shall be appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  The member of a council who, knowingly, by his vote or otherwise, authorizes:

(a)  the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this section, when such approval is required by law or by the charter; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in subsection 3 of this section and in section 12 of chapter 45 of the statutes of 1974,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the municipality for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer or employee of the municipality who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure; those for indemnity for loss or damages, by ordinary action. Any ratepayer may exercise such recourses.

R. S. 1964, c. 193, s. 604; 1968, c. 55, s. 5, s. 150; 1969, c. 55, s. 29; 1974, c. 45, s. 11; 1975, c. 66, s. 31; 1977, c. 5, s. 14; 1977, c. 52, s. 20.