269. The following persons shall not be appointed to or hold any office as an officer or employee of the municipality:(1) members of the Privy Council;
(2) judges receiving emoluments from the Government of Canada or the Gouvernement du Québec or from the municipality;
(3) 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;
(4) any person who has, directly or indirectly, personally or through an associate, any contract with the municipality;
(5) 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;
(6) 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 20 years after the term of imprisonment fixed by the sentence and, if only a fine is imposed or sentence is suspended, for 20 years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;
(7) 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 5 or 6 of the first paragraph shall be incurred only if the offence is in connection with such office or employment.
M.C. 1916, a. 227; 1919, c. 83, s. 1; 1919‐20, c. 82, s. 1; 1921, c. 105, s. 1; 1925, c. 84, s. 2; 1928, c. 94, s. 12; 1933, c. 119, s. 1; 1934, c. 82, s. 1; 1934, c. 83, s. 1; 1938, c. 103, s. 4; 1941, c. 69, s. 6; 1949, c. 71, s. 2; 1952‐53, c. 23, s. 1; 1952‐53, c. 29, s. 20; 1963 (1st sess.), c. 65, s. 2; 1968, c. 86, s. 8; 1977, c. 5, s. 14; 1979, c. 36, s. 13; 1986, c. 95, s. 83; 1987, c. 57, s. 747; 1996, c. 2, s. 455; 1999, c. 43, s. 13; 2000, c. 19, s. 6; 2002, c. 37, s. 97; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2006, c. 31, s. 33; 2009, c. 26, s. 109.