C-19 - Cities and Towns Act

Section 72 Disposition versions

2016-01-01

72. A resolution dismissing, suspending without pay or reducing the salary of an officer or employee referred to in the second or third paragraph of section 71, shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25.01).

Subject to section 89 of the Police Act (chapter P-13.1), a person on whom a measure described in the first paragraph has been imposed may, within 30 days following service of the resolution, file a complaint in writing with the Administrative Labour Tribunal to make an inquiry and dispose of the complaint.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3; 1988, c. 21, s. 66; 2000, c. 12, s. 317; 2000, c. 54, s. 2; 2001, c. 26, s. 86; 2015, c. 15, s. 237; I.N. 2016-01-01 (NCCP).

2002-11-25

72. A resolution dismissing, suspending without pay or reducing the salary of an officer or employee referred to in the second or third paragraph of section 71, shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25).

Subject to section 89 of the Police Act (chapter P-13.1), a person on whom a measure described in the first paragraph has been imposed may, within 30 days following service of the resolution, file a complaint in writing with the Commission des relations du travail established by the Labour Code (chapter C-27) to make an inquiry and dispose of the complaint.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3; 1988, c. 21, s. 66; 2000, c. 12, s. 317; 2000, c. 54, s. 2; 2001, c. 26, s. 86.

2000-12-20

72. A resolution dismissing, suspending without pay or reducing the salary of an officer or employee referred to in the second or third paragraph of section 71, shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C‐25).

Subject to section 89 of the Police Act (chapter P‐13.1), a person on whom a measure described in the first paragraph has been imposed may, within 30 days following service of the resolution, file a complaint in writing with the labour commissioner general who shall appoint a labour commissioner to make an inquiry and decide the complaint.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3; 1988, c. 21, s. 66; 2000, c. 12, s. 317; 2000, c. 54, s. 2.

2000-06-16

72. The resolution removing an officer or employee contemplated in the second paragraph of section 71, suspending him without pay or reducing his salary, shall be served upon him by handing a copy thereof to him in person. The person so removed or suspended or whose salary has been so reduced may, subject to section 87 of the Police Act (chapter P‐13.1), appeal from such a decision to the Commission municipale du Québec, which shall decide finally, after inquiry.

Such appeal shall be brought within 15 days after the time when the resolution of the council was served.

If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines to indemnify him for the expenses that he has incurred for such appeal. The order to such effect shall be homologated, upon motion by the appellant, by the competent court of civil jurisdiction. The appellant may thereafter execute the judgment against the municipality.

Where the conduct of the officer or employee has been examined by the Commission in the course of an investigation contemplated in subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C‐35), the appeal shall be brought before a judge of the Court of Québec who shall decide finally. The appeal shall be brought by a motion served on the municipality and on the Commission and filed in the office of the Court of Québec in the judicial district in which the appellant is domiciled, within 15 days after the day on which the resolution is served. Upon service of the motion, the Commission shall transmit to the Court of Québec that part of its investigation report which deals with the conduct of the officer or employee.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3; 1988, c. 21, s. 66; 2000, c. 12, s. 317.

1988-08-31

72. The resolution removing an officer or employee contemplated in the second paragraph of section 71, suspending him without pay or reducing his salary, shall be served upon him by handing a copy thereof to him in person. The person so removed or suspended or whose salary has been so reduced may, subject to section 79 of the Police Act (chapter P-13), appeal from such a decision to the Commission municipale du Québec, which shall decide finally, after inquiry.

Such appeal shall be brought within fifteen days after the time when the resolution of the council was served.

If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines to indemnify him for the expenses that he has incurred for such appeal. The order to such effect shall be homologated, upon motion by the appellant, by the competent court of civil jurisdiction. The appellant may thereafter execute the judgment against the municipality.

Where the conduct of the officer or employee has been examined by the Commission in the course of an investigation contemplated in subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C-35), the appeal shall be brought before a judge of the Court of Québec who shall decide finally. The appeal shall be brought by a motion served on the municipality and on the Commission and filed in the office of the Court of Québec in the judicial district in which the appellant is domiciled, within fifteen days after the day on which the resolution is served. Upon service of the motion, the Commission shall transmit to the Court of Québec that part of its investigation report which deals with the conduct of the officer or employee.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3; 1988, c. 21, s. 66.

1986-09-01

72. The resolution removing an officer or employee contemplated in the second paragraph of section 71, suspending him without pay or reducing his salary, shall be served upon him by handing a copy thereof to him in person. The person so removed or suspended or whose salary has been so reduced may, subject to section 79 of the Police Act (chapter P-13), appeal from such a decision to the Commission municipale du Québec, which shall decide finally, after inquiry.

Such appeal shall be brought within fifteen days after the time when the resolution of the council was served.

If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines to indemnify him for the expenses that he has incurred for such appeal. The order to such effect shall be homologated, upon motion by the appellant, by the competent court of civil jurisdiction. The appellant may thereafter execute the judgment against the municipality.

Where the conduct of the officer or employee has been examined by the Commission in the course of an investigation contemplated in subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C-35), the appeal shall be brought before a judge of the Provincial Court who shall decide finally. The appeal shall be brought by a motion served on the municipality and on the Commission and filed in the office of the Provincial Court in the judicial district in which the appellant is domiciled, within fifteen days after the day on which the resolution is served. Upon service of the motion, the Commission shall transmit to the Provincial Court that part of its investigation report which deals with the conduct of the officer or employee.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16; 1986, c. 31, s. 3.

1985-06-20

72. The resolution removing an officer or employee contemplated in the second paragraph of section 71, suspending him without pay or reducing his salary, shall be served upon him by handing a copy thereof to him in person. The person so removed or suspended or whose salary has been so reduced may, subject to section 79 of the Police Act (chapter P-13), appeal from such a decision to the Commission municipale du Québec, which shall decide finally, after inquiry.

Such appeal shall be brought within fifteen days after the time when the resolution of the council was served.

If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines to indemnify him for the expenses that he has incurred for such appeal. The order to such effect shall be homologated, upon motion by the appelant, by the competent court of civil jurisdiction. The appelant may thereafter execute the judgment against the municipality.

Where the resolution contemplated in the first paragraph is passed following a recommendation made by the Commission after an investigation contemplated in subsection 1 of section 22 of the Act respecting the Commission municipale (chapter C-35), the appeal shall be brought before a judge of the Provincial Court who shall decide finally. The appeal shall be brought by a motion served on the Commission and filed in the office of the Provincial Court in the judicial district in which the appellant is domiciled, within fifteen days after the day on which the resolution is served on the person removed. Upon service of the motion, the Commission shall transmit to the Provincial Court the file relating to the decision appealed from. The appeal shall not suspend the decision of the Commission unless the court rules otherwise.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47; 1985, c. 27, s. 16.

1983-12-22

72. The resolution removing an officer or employee contemplated in the second paragraph of section 71, suspending him without pay or reducing his salary, shall be served upon him by handing a copy thereof to him in person. The person so removed or suspended or whose salary has been so reduced may, subject to section 79 of the Police Act (chapter P-13), appeal from such a decision to the Commission municipale du Québec, which shall decide finally, after inquiry.

Such appeal shall be brought within fifteen days after the time when the resolution of the council was served.

If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines to indemnify him for the expenses that he has incurred for such appeal. The order to such effect shall be homologated, upon motion by the appelant, by the competent court of civil jurisdiction. The appelant may thereafter execute the judgment against the municipality.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14; 1983, c. 57, s. 47.

1977-12-31

72. The resolution removing an officer or employee contemplated in the second paragraph of section 71, or reducing his salary, shall be served upon him by handing a copy thereof to him in person; the person so removed or whose salary has been so reduced may, subject to section 79 of the Police Act (chapter P-13), appeal from such decision to the Commission municipale du Québec which shall decide finally after investigation.

Such appeal shall be brought within fifteen days after the time when the resolution of the council was served.

If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines to indemnify him for the expenses that he has incurred for such appeal; the order to such effect shall be homologated upon motion by the appellant by the Provincial Court or, if the amount involved is one thousand dollars or more, by the Superior Court; the appellant may thereafter execute the judgment against the municipality.

1968, c. 53, s. 1; 1968, c. 55, s. 28; 1969, c. 55, s. 8; 1977, c. 5, s. 14.