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C-27.1 - Municipal Code of Québec

Section 181
Disposition versions

Full text
181. (Repealed).
1968, c. 85, s. 1; 1969, c. 82, s. 3; 1983, c. 57, s. 6; 1985, c. 27, s. 44; 1986, c. 32, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 455; 2000, c. 54, s. 7.
181. The resolution dismissing the secretary-treasurer, suspending him without pay or reducing his salary shall be served upon him by handing a copy thereof to him in person. A secretary-treasurer who has held office for a least 12 consecutive months may 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 decision of the council of the municipality 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 court of competent civil jurisdiction. The appellant may thereafter execute the judgment against the municipality.
Where the conduct of the secretary-treasurer 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 secretary-treasurer.
Any provision of a charter of a municipality that repeals, replaces or amends article 180 directly or indirectly, in whole or in part, or which enacts an article 181 shall not exclude the application of this article.
1968, c. 85, s. 1; 1969, c. 82, s. 3; 1983, c. 57, s. 6; 1985, c. 27, s. 44; 1986, c. 32, s. 2; 1988, c. 21, s. 66; 1996, c. 2, s. 455.
181. The resolution dismissing the secretary-treasurer, suspending him without pay or reducing his salary shall be served upon him by handing a copy thereof to him in person. A secretary-treasurer who has held office for a least 12 consecutive months may 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 decision of the council of the corporation was served.
If the appeal is upheld, the Commission may also order the corporation 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 court of competent civil jurisdiction. The appellant may thereafter execute the judgment against the corporation.
Where the conduct of the secretary-treasurer 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 municipal corporation 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 secretary-treasurer.
Any provision of a charter of a corporation that repeals, replaces or amends article 180 directly or indirectly, in whole or in part, or which enacts an article 181 shall not exclude the application of this article.
1968, c. 85, s. 1; 1969, c. 82, s. 3; 1983, c. 57, s. 6; 1985, c. 27, s. 44; 1986, c. 32, s. 2; 1988, c. 21, s. 66.
181. The resolution dismissing the secretary-treasurer, suspending him without pay or reducing his salary shall be served upon him by handing a copy thereof to him in person. A secretary-treasurer who has held office for a least 12 consecutive months may 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 decision of the council of the corporation was served.
If the appeal is upheld, the Commission may also order the corporation 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 court of competent civil jurisdiction. The appellant may thereafter execute the judgment against the corporation.
Where the conduct of the secretary-treasurer 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 municipal corporation 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 secretary-treasurer.
Any provision of a charter of a corporation that repeals, replaces or amends article 180 directly or indirectly, in whole or in part, or which enacts an article 181 shall not exclude the application of this article.
1968, c. 85, s. 1; 1969, c. 82, s. 3; 1983, c. 57, s. 6; 1985, c. 27, s. 44; 1986, c. 32, s. 2.
181. The resolution dismissing the secretary-treasurer, suspending him without pay or reducing his salary shall be served upon him by handing a copy thereof to him in person. A secretary-treasurer who has held office for a least 12 consecutive months may 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 decision of the council of the corporation was served.
If the appeal is upheld, the Commission may also order the corporation 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 court of competent civil jurisdiction. The appellant may thereafter execute the judgment against the corporation.
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 15 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.
Any provision of a charter of a corporation that repeals, replaces or amends article 180 directly or indirectly, in whole or in part, or which enacts an article 181 shall not exclude the application of this article.
1968, c. 85, s. 1; 1969, c. 82, s. 3; 1983, c. 57, s. 6; 1985, c. 27, s. 44.
181. The resolution dismissing the secretary-treasurer, suspending him without pay or reducing his salary shall be served upon him by handing a copy thereof to him in person. A secretary-treasurer who has held office for a least 12 consecutive months may 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 decision of the council of the corporation was served.
If the appeal is upheld, the Commission may also order the corporation 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 court of competent civil jurisdiction. The appellant may thereafter execute the judgment against the corporation.
Any provision of a charter of a corporation that repeals, replaces or amends article 180 directly or indirectly, in whole or in part, or which enacts an article 181 shall not exclude the application of this article.
1968, c. 85, s. 1; 1969, c. 82, s. 3; 1983, c. 57, s. 6.
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