C-27.1 - Municipal Code of Québec

Section 269 Disposition versions

2009-06-17

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.

2006-06-15

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 and Regions 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.

2005-06-17

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 and Regions 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 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.

2003-12-18

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, Sports and Recreation 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 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.

2002-06-14

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 and Greater Montréal 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 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.

2000-06-16

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 and Greater Montréal 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.

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.

1999-10-27

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 and Greater Montréal and the members of the Commission municipale du Québec and the Société d’habitation du Québec;

(4)  any person who has, directly or indirectly, by himself or his partner, any contract with the municipality, other than his contract as an officer or employee.

The word “contract”, as used in this paragraph, does not include a lease or the sale or purchase of land, or any agreement with regard to any of such contracts;

(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).

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.

1996-05-08

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 and the members of the Commission municipale du Québec and the Société d’habitation du Québec;

(4)  any person who has, directly or indirectly, by himself or his partner, any contract with the municipality, other than his contract as an officer or employee.

The word “contract”, as used in this paragraph, does not include a lease or the sale or purchase of land, or any agreement with regard to any of such contracts;

(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).

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.

1988-01-01

269. The following persons shall not be appointed to or hold any office as an officer or employee of the corporation:

(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 and the members of the Commission municipale du Québec and the Société d’habitation du Québec;

(4)  any person who has, directly or indirectly, by himself or his partner, any contract with the corporation, other than his contract as an officer or employee.

The word “contract”, as used in this paragraph, does not include a lease or the sale or purchase of land, or any agreement with regard to any of such contracts;

(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 twenty 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).

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.

1987-02-15

269. 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)  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 and the members of the Commission municipale du Québec and the Société d’habitation du Québec;

(4)  any person who has, directly or indirectly, by himself or his partner, any contract with the corporation.

Nevertheless a shareholder in any incorporated company which has a contract or agreement with the corporation, or which receives any aid or grant therefrom, is not disqualified from acting as a member of the council; but he is considered to be interested in all measures concerning such company which are considered before the council or any committee thereof.

The word “contract”, as used in this paragraph, does not include a lease or the sale or purchase of land, or any agreement with regard to any of such contracts;

(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 twenty years from the date of the conviction, unless the person has obtained a pardon for either of such indictable offences;

(7)  whenever the office of mayor or councillor is in question, any persons who are responsible for moneys belonging to the corporation, or who are sureties for the corporation, or who receive any pecuniary allowance or other consideration from the corporation for their services otherwise than under a legislative provision, unless in such latter case such pecuniary allowance or other consideration is received as remuneration for services for municipal road works, and also any person who in fact presides at an election of a mayor or councillor.

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.

0001-01-01

269. 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)  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 and the members of the Commission municipale du Québec and the Société d’habitation du Québec;

(4)  any person who has, directly or indirectly, by himself or his partner, any contract with the corporation.

Nevertheless a shareholder in any incorporated company which has a contract or agreement with the corporation, or which receives any aid or grant therefrom, is not disqualified from acting as a member of the council; but he is considered to be interested in all measures concerning such company which are considered before the council or any committee thereof.

The word “contract”, as used in this paragraph, does not include a lease or the sale or purchase of land, or any agreement with regard to any of such contracts;

(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;

(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 twenty years from the date of the conviction;

(7)  whenever the office of mayor or councillor is in question, any persons who are responsible for moneys belonging to the corporation, or who are sureties for the corporation, or who receive any pecuniary allowance or other consideration from the corporation for their services otherwise than under a legislative provision, unless in such latter case such pecuniary allowance or other consideration is received as remuneration for services for municipal road works, and also any person who in fact presides at an election of a mayor or councillor.

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.