C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 12.8.4 Disposition versions

1993-12-17

12.8.4. Section 12.8.3 does not apply

(1)  where the person acquires his interest by succession or gift and renounces or divests himself of it as soon as practicable;

(2)  where the interest of the person consists in holding shares in a company which he does not control, in which he is neither a director nor an executive officer and in which he possesses less than 10 % of the outstanding voting shares;

(3)  where the interest of the person arises from the fact that he is a member, director or executive officer of another municipal body, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a non-profit organization or an organization of which he is required by law, as chairman of the executive committee of the Community, as member of the council of the municipality or as member of the municipal body, to be a member, a director or an executive officer;

(4)  where the object of the contract is a remuneration, an allowance, the reimbursement of expenses, social benefits, goods or services to which the person is entitled as a condition of employment attached to his office within the Community, the municipality or the municipal body;

(5)  where the object of the contract is the appointment of the person to a position as an officer or employee, provided that the position is not one that makes its holder ineligible;

(6)  where the object of the contract is the providing of services generally offered by the Community, the municipality or the municipal body;

(7)  where the contract consists of bonds, notes or other securities offered to the public by the Community, the municipality or the municipal body, or in the acquisition of such bonds, notes or other securities on non-preferential terms;

(8)  where the object of the contract is the providing of goods or services that the person has an obligation to provide to the Community, the municipality or the municipal body pursuant to a legislative or regulatory provision;

(9)  where the object of the contract is the providing of goods by the Community, the municipality or the municipal body and where the contract was entered into before the person held office within the Community, municipality or body and before he became a candidate at the election in which he was elected;

(10)  in a case of irresistible force, where the general interest of the Community, municipality or municipal body requires that the contract be entered into in preference to any other contract.

1993, c. 68, s. 4.