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C-19 - Cities and Towns Act

Section 116
Disposition versions

Full text
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  the Minister of Municipal Affairs, Regions and Land Occupancy and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  members of the Privy Council;
(3)  the judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;
(5)  (subparagraph repealed);
(6)  any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E‐2.2).
Subparagraph 4 of the first paragraph does not apply to a contract whose object is the appointment of a person to the position of officer or employee, the supply of services generally offered by the municipality or the sale or leasing, on non-preferential terms, of an immovable. Nor does that subparagraph apply to a contract to which the municipality has become a party by succeeding to the rights and obligations of another municipal body, where the contractual relationship of the officer or employee existed before the succession and did not at that time entail disqualification.
Disqualification from municipal office or employment under subparagraph 4 of the first paragraph does not apply to a volunteer fireman or a first responder within the meaning of section 63 of the Act respecting elections and referendums in municipalities.
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 2; 2002, c. 37, s. 72; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 18; 2009, c. 26, s. 109.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  the Minister of Municipal Affairs and Regions and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  members of the Privy Council;
(3)  the judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;
(5)  (subparagraph repealed);
(6)  any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E‐2.2).
Subparagraph 4 of the first paragraph does not apply to a contract whose object is the appointment of a person to the position of officer or employee, the supply of services generally offered by the municipality or the sale or leasing, on non-preferential terms, of an immovable. Nor does that subparagraph apply to a contract to which the municipality has become a party by succeeding to the rights and obligations of another municipal body, where the contractual relationship of the officer or employee existed before the succession and did not at that time entail disqualification.
Disqualification from municipal office or employment under subparagraph 4 of the first paragraph does not apply to a volunteer fireman or a first responder within the meaning of section 63 of the Act respecting elections and referendums in municipalities.
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 2; 2002, c. 37, s. 72; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 18.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and Regions and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;
(5)  (Subparagraph repealed);
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  Any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E‐2.2).
Subparagraph 4 of the first paragraph does not apply to a contract whose object is the appointment of a person to the position of officer or employee, the supply of services generally offered by the municipality or the sale or leasing, on non-preferential terms, of an immovable. Nor does that subparagraph apply to a contract to which the municipality has become a party by succeeding to the rights and obligations of another municipal body, where the contractual relationship of the officer or employee existed before the succession and did not at that time entail disqualification.
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 2; 2002, c. 37, s. 72; 2003, c. 19, s. 250; 2005, c. 28, s. 196.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  The Minister of Municipal Affairs, Sports and Recreation and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;
(5)  (Subparagraph repealed);
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  Any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E‐2.2).
Subparagraph 4 of the first paragraph does not apply to a contract whose object is the appointment of a person to the position of officer or employee, the supply of services generally offered by the municipality or the sale or leasing, on non-preferential terms, of an immovable. Nor does that subparagraph apply to a contract to which the municipality has become a party by succeeding to the rights and obligations of another municipal body, where the contractual relationship of the officer or employee existed before the succession and did not at that time entail disqualification.
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 2; 2002, c. 37, s. 72; 2003, c. 19, s. 250.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and Greater Montréal and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;
(5)  (Subparagraph repealed);
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  Any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
Subparagraph 4 of the first paragraph does not apply to a contract whose object is the appointment of a person to the position of officer or employee, the supply of services generally offered by the municipality or the sale or leasing, on non-preferential terms, of an immovable. Nor does that subparagraph apply to a contract to which the municipality has become a party by succeeding to the rights and obligations of another municipal body, where the contractual relationship of the officer or employee existed before the succession and did not at that time entail disqualification.
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 2; 2002, c. 37, s. 72.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and Greater Montréal and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;
(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder of a municipal office, whichever it be, does not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues or, if such was the case, paid the instalments within the prescribed time, provided he pays all his dues or, if such is the case, any balance owing within thirty days of the expiry of the prescribed time;
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  Any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
Subparagraph 4 of the first paragraph does not apply to a contract whose object is the appointment of a person to the position of officer or employee, the supply of services generally offered by the municipality or the sale or leasing, on non-preferential terms, of an immovable.
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13; 2000, c. 19, s. 2.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and Greater Montréal and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Whosoever has, directly or indirectly, by himself or his partner, any contract with the municipality other than his contract of employment as an officer or employee. Acceptance of or application for municipal services available to ratepayers according to a fixed tariff shall not be considered a contract with the municipality.
(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder of a municipal office, whichever it be, does not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues or, if such was the case, paid the instalments within the prescribed time, provided he pays all his dues or, if such is the case, any balance owing within thirty days of the expiry of the prescribed time;
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  Any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51; 1999, c. 43, s. 13.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Whosoever has, directly or indirectly, by himself or his partner, any contract with the municipality other than his contract of employment as an officer or employee. Acceptance of or application for municipal services available to ratepayers according to a fixed tariff shall not be considered a contract with the municipality.
(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder of a municipal office, whichever it be, does not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues or, if such was the case, paid the instalments within the prescribed time, provided he pays all his dues or, if such is the case, any balance owing within thirty days of the expiry of the prescribed time;
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  Any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137; 1999, c. 40, s. 51.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Whosoever has, directly or indirectly, by himself or his partner, any contract with the municipality other than his contract of employment as an officer or employee. Acceptance of or application for municipal services available to ratepayers according to a fixed tariff shall not be deemed a contract with the municipality.
(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder of a municipal office, whichever it be, does not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues or, if such was the case, paid the instalments within the prescribed time, provided he pays all his dues or, if such is the case, any balance owing within thirty days of the expiry of the prescribed time;
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  Any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
Nothing in this section shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706; 1996, c. 2, s. 137.
116. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Whosoever has, directly or indirectly, by himself or his partner, any contract with the municipality other than his contract of employment as an officer or employee. Acceptance of or application for municipal services available to ratepayers according to a fixed tariff shall not be deemed a contract with the municipality.
(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder of a municipal office, whichever it be, does not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues or, if such was the case, paid the instalments within the prescribed time, provided he pays all his dues or, if such is the case, any balance owing within thirty days of the expiry of the prescribed time;
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for 25 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 25 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  Any person who is disqualified from office as a member of the council of a municipality under any of sections 301 and 303 to 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
This section applies to all city and town municipalities, by whatever law governed, even to those not contemplated in section 1 or whose charters repeal, replace or amend the said section directly or indirectly, and to the village of Senneville, except the cities of Québec and Montréal. Nothing in this paragraph shall invalidate any provision of the charter of a municipality which came into force after 18 December 1968 and which repeals, replaces or amends directly or indirectly this section, to the extent that such provision applies to the office of officer or employee of the municipality.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46; 1987, c. 57, s. 706.
116. The following persons shall not be nominated for, elected or appointed to or hold any office as member of the council, officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Whosoever has, directly or indirectly, by himself or his partner, any contract with the municipality. Acceptance of or application for municipal services available to ratepayers according to a fixed tariff shall not be deemed a contract with the municipality.
Nevertheless, a shareholder in an incorporated company which has any contract or agreement with the municipality or which receives any grant or subsidy therefrom shall not be disqualified from acting as a member of the council; but he shall be deemed to be interested if any discussion should arise before the council or a committee with reference to any measure relating to such company;
(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder of a municipal office, whichever it be, does not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues or, if such was the case, paid the instalments within the prescribed time, provided he pays all his dues or, if such is the case, any balance owing within thirty days of the expiry of the prescribed time;
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation, unless the person has obtained a pardon;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for twenty-five years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for twenty-five years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(8)  Whenever the office of mayor or councillor is in question, any persons who are responsible for moneys belonging to the municipality, or who are sureties for any employee of the council, or who receive any pecuniary allowance or other consideration from the municipality for their services otherwise than under a legislative provision.
Disqualification from municipal office or employment under subparagraph 6 or 7 of the first paragraph shall be incurred only if the offence is in connection with such an office or employment.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117; 1986, c. 95, s. 46.
116. The following persons shall not be nominated for, elected or appointed to or hold any office as member of the council, officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Whosoever has, directly or indirectly, by himself or his partner, any contract with the municipality. Acceptance of or application for municipal services available to ratepayers according to a fixed tariff shall not be deemed a contract with the municipality.
Nevertheless, a shareholder in an incorporated company which has any contract or agreement with the municipality or which receives any grant or subsidy therefrom shall not be disqualified from acting as a member of the council; but he shall be deemed to be interested if any discussion should arise before the council or a committee with reference to any measure relating to such company;
(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder of a municipal office, whichever it be, does not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues or, if such was the case, paid the instalments within the prescribed time, provided he pays all his dues or, if such is the case, any balance owing within thirty days of the expiry of the prescribed time;
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for twenty-five years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for twenty-five years from the date of the conviction;
(8)  Whenever the office of mayor or councillor is in question, any persons who are responsible for moneys belonging to the municipality, or who are sureties for any employee of the council, or who receive any pecuniary allowance or other consideration from the municipality for their services otherwise than under a legislative provision.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65; 1982, c. 63, s. 117.
116. The following persons shall not be nominated for, elected or appointed to or hold any office as member of the council, officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Whosoever has, directly or indirectly, by himself or his partner, any contract with the municipality. Acceptance of or application for municipal services available to ratepayers according to a fixed tariff shall not be deemed a contract with the municipality.
Nevertheless, a shareholder in an incorporated company which has any contract or agreement with the municipality or which receives any grant or subsidy therefrom shall not be disqualified from acting as a member of the council; but he shall be deemed to be interested if any discussion should arise before the council or a committee with reference to any measure relating to such company;
(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder or occupant of a municipal office, whichever it be, shall not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues within the delay fixed by section 504, provided he pays them within thirty days of such delay;
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for twenty-five years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for twenty-five years from the date of the conviction;
(8)  Whenever the office of mayor or councillor is in question, any persons who are responsible for moneys belonging to the municipality, or who are sureties for any employee of the council, or who receive any pecuniary allowance or other consideration from the municipality for their services otherwise than under a legislative provision.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14; 1979, c. 36, s. 65.
116. The following persons shall not be nominated or elected mayor or councillor, or be appointed to or hold a position as officer or employee of the municipality:
(1)  The Minister of Municipal Affairs and the members of the Commission municipale du Québec and the Société d’habitation du Québec;
(2)  Members of the Privy Council;
(3)  The judges or magistrates receiving emoluments from the federal or provincial government or from the municipality;
(4)  Whosoever has, directly or indirectly, by himself or his partner, any contract with the municipality. Acceptance of or application for municipal services available to ratepayers according to a fixed tariff shall not be deemed a contract with the municipality.
Nevertheless, a shareholder in an incorporated company which has any contract or agreement with the municipality or which receives any grant or subsidy therefrom shall not be disqualified from acting as a member of the council; but he shall be deemed to be interested if any discussion should arise before the council or a committee with reference to any measure relating to such company;
(5)  Whosoever has not paid all his municipal dues, with the exception of such amounts as remain to be paid owing to involuntary error or omission; nevertheless, the holder or occupant of a municipal office, whichever it be, shall not become disqualified to occupy it on account of not having, during his term of office, paid all his municipal dues within the delay fixed by section 504, provided he pays them within thirty days of such delay;
(6)  Any person convicted of treason or of an act punishable under a law of the Parliament of Canada or of the Legislature of Québec, by imprisonment for one year or more.
Such disqualification shall continue for five years after the term of imprisonment fixed by the sentence, and, if only a fine was imposed or the sentence is suspended, for five years from the date of such condemnation;
(7)  Any person convicted of an indictable offence punishable by imprisonment for five years or more after having previously been convicted of two indictable offences so punishable; such disqualification shall continue for twenty-five years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for twenty-five years from the date of the conviction;
(8)  Whenever the office of mayor or councillor is in question, any persons who are responsible for moneys belonging to the municipality, or who are sureties for any employee of the council, or who receive any pecuniary allowance or other consideration from the municipality for their services otherwise than under a legislative provision.
R. S. 1964, c. 193, s. 123; 1968, c. 55, s. 5, s. 39; 1969, c. 56, s. 1; 1972, c. 49, s. 128, s. 164; 1977, c. 5, s. 14.
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