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C-19 - Cities and Towns Act

Section 568
Disposition versions

Full text
568. The member of a council who, knowingly, by his vote or otherwise, authorizes the municipality to make or makes on its behalf a loan exceeding the approved amount or a loan which has not received one or another of the approvals contemplated in this subdivision 30, when such approval is required by law or by the charter, 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).
1975, c. 66, s. 30; 1968, c. 55, s. 5; 1977, c. 52, s. 19; 1987, c. 57, s. 726; 1999, c. 40, s. 51; 2014, c. 1, s. 780.
568. The member of a council who, knowingly, by his vote or otherwise, authorizes the municipality to make or makes on its behalf a loan exceeding the approved amount or a loan which has not received one or another of the approvals contemplated in this subdivision 30, when such approval is required by law or by the charter, 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).
1975, c. 66, s. 30; 1968, c. 55, s. 5; 1977, c. 52, s. 19; 1987, c. 57, s. 726; 1999, c. 40, s. 51.
568. The member of a council who, knowingly, by his vote or otherwise, authorizes the municipality to make or makes on its behalf a loan exceeding the approved amount or a loan which has not received one or another of the approvals contemplated in this subdivision 30, when such approval is required by law or by the charter, 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).
1975, c. 66, s. 30; 1968, c. 55, s. 5; 1977, c. 52, s. 19; 1987, c. 57, s. 726.
568. The member of a council who, knowingly, by his vote or otherwise, authorizes the municipality to make or makes on its behalf a loan exceeding the approved amount or a loan which has not received one or another of the approvals contemplated in this subdivision 30, when such approval is required by law or by the charter, 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.
1975, c. 66, s. 30; 1968, c. 55, s. 5; 1977, c. 52, s. 19.
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