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C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 281
Disposition versions

Full text
281. Two-thirds of the votes cast at a meeting of the board of directors is required in order that the board of directors may dismiss, suspend without pay or reduce the salary of an officer or employee who is not an employee within the meaning of the Labour Code (chapter C‐27) and who has held a position for at least six months or has held, within the Société, a position the holder of which is not an employee within the meaning of that Code.
The dismissal, suspension without pay or reduction of salary of an officer or employee other than the secretary or assistant-secretary may be decided only on the recommendation of the director general of the Société.
Sections 107 to 108 apply with the necessary modifications to every officer or employee referred to in the first paragraph.
1972, c. 73, s. 17; 1977, c. 5, s. 14; 1982, c. 18, s. 117; 1984, c. 38, s. 115; 1985, c. 31, s. 23; 1988, c. 21, s. 66; 1993, c. 68, s. 78; 1999, c. 40, s. 68; 2000, c. 54, s. 24.
281. Two-thirds of the votes cast at a meeting of the board of directors are required to enable the board to dismiss or suspend without salary the secretary, the assistant secretary, a director general, the head of a department or any other person who performs similar duties and who is under the supervision of the director general of the Société, if he has been in office for six months or more. The same rule applies in the case of a reduction of salary. Except in the case of the secretary or assistant-secretary, the dismissal, suspension without salary or the reduction of salary may be decided only upon the recommendation of the director general of the Société.
The decision of the board of directors shall be served or sent by registered or certified mail to the person contemplated in the first paragraph.
Every person dismissed or suspended without salary or whose salary has been reduced under this section may appeal from the decision before the Commission municipale du Québec, which, after an inquiry, shall decide in last instance. The appeal shall be brought within 15 days after the decision of the board of directors is served.
If the appeal is maintained, the Commission municipale du Québec may also order the Société to pay the appellant the amount it determines as compensation for expenses incurred by him for the appeal; the order for that purpose shall be homologated by the Court of Québec or the Superior Court on a motion by the appellant, according to their respective jurisdictions; the appellant may then enforce the judgment against the Société.
1972, c. 73, s. 17; 1977, c. 5, s. 14; 1982, c. 18, s. 117; 1984, c. 38, s. 115; 1985, c. 31, s. 23; 1988, c. 21, s. 66; 1993, c. 68, s. 78; 1999, c. 40, s. 68.
281. Two-thirds of the votes cast at a meeting of the board of directors are required to enable the board to dismiss or suspend without salary the secretary, the assistant secretary, a director general, the head of a department or any other person who performs similar duties and who is under the supervision of the director general of the Société, if he has been in office for six months or more. The same rule applies in the case of a reduction of salary. Except in the case of the secretary or assistant-secretary, the dismissal, suspension without salary or the reduction of salary may be decided only upon the recommendation of the director general of the Société.
The decision of the board of directors shall be served or sent by registered or certified mail to the person contemplated in the first paragraph.
Every person dismissed or suspended without salary or whose salary has been reduced under this section may appeal from the decision before the Commission municipale du Québec, which, after an inquiry, shall decide in last instance. The appeal shall be brought within 15 days after the decision of the board of directors is served.
If the appeal is maintained, the Commission municipale du Québec may also order the corporation to pay the appellant the amount it determines as compensation for expenses incurred by him for the appeal; the order for that purpose shall be homologated by the Court of Québec or the Superior Court on a motion by the appellant, according to their respective jurisdictions; the appellant may then enforce the judgment against the corporation.
1972, c. 73, s. 17; 1977, c. 5, s. 14; 1982, c. 18, s. 117; 1984, c. 38, s. 115; 1985, c. 31, s. 23; 1988, c. 21, s. 66; 1993, c. 68, s. 78.
281. Two-thirds of the votes cast at a meeting of the board of directors are required to enable the board to dismiss or suspend without salary the secretary, the assistant secretary, a director general, the head of a department or any other person who performs similar duties and who is under the supervision of the president and managing director, if he has been in office for six months or more. The same rule applies in the case of a reduction of salary. Except in the case of the secretary or assistant-secretary, the dismissal, suspension without salary or the reduction of salary may be decided only upon the recommendation of the president and managing director.
The decision of the board of directors shall be served or sent by registered or certified mail to the person contemplated in the first paragraph.
Every person dismissed or suspended without salary or whose salary has been reduced under this section may appeal from the decision before the Commission municipale du Québec, which, after an inquiry, shall decide in last instance. The appeal shall be brought within fifteen days after the decision of the board of directors is served.
If the appeal is maintained, the Commission municipale du Québec may also order the corporation to pay the appellant the amount it determines as compensation for expenses incurred by him for the appeal; the order for that purpose shall be homologated by the Court of Québec or the Superior Court on a motion by the appellant, according to their respective jurisdictions; the appellant may then enforce the judgment against the corporation.
1972, c. 73, s. 17; 1977, c. 5, s. 14; 1982, c. 18, s. 117; 1984, c. 38, s. 115; 1985, c. 31, s. 23; 1988, c. 21, s. 66.
281. Two-thirds of the votes cast at a meeting of the board of directors are required to enable the board to dismiss or suspend without salary the secretary, the assistant secretary, a director general, the head of a department or any other person who performs similar duties and who is under the supervision of the president and managing director, if he has been in office for six months or more. The same rule applies in the case of a reduction of salary. Except in the case of the secretary or assistant-secretary, the dismissal, suspension without salary or the reduction of salary may be decided only upon the recommendation of the president and managing director.
The decision of the board of directors shall be served or sent by registered or certified mail to the person contemplated in the first paragraph.
Every person dismissed or suspended without salary or whose salary has been reduced under this section may appeal from the decision before the Commission municipale du Québec, which, after an inquiry, shall decide in last instance. The appeal shall be brought within fifteen days after the decision of the board of directors is served.
If the appeal is maintained, the Commission municipale du Québec may also order the corporation to pay the appellant the amount it determines as compensation for expenses incurred by him for the appeal; the order for that purpose shall be homologated by the Provincial Court or the Superior Court on a motion by the appellant, according to their respective jurisdictions; the appellant may then enforce the judgment against the corporation.
1972, c. 73, s. 17; 1977, c. 5, s. 14; 1982, c. 18, s. 117; 1984, c. 38, s. 115; 1985, c. 31, s. 23.
281. The Commission may, by resolution, order temporary loans for the payment of current administration expenses and contract them on the conditions and for the term it determines.
The Commission may also contract loans under the first paragraph for the payment of the expenses made under a loan by-law.
1972, c. 73, s. 17; 1977, c. 5, s. 14; 1982, c. 18, s. 117; 1984, c. 38, s. 115.
281. The loans of the Commission shall be ordered by by-law, except in the case of loans by notes the term for repayment of which does not exceed one year; in such last mentioned case, a resolution shall be sufficient.
The by-law need mention only the total amount of the principal of the loan that it orders, the purposes for which the proceeds of the loan are to be used and the maximum term for which it may be contracted.
1972, c. 73, s. 17; 1977, c. 5, s. 14; 1982, c. 18, s. 117.
281. The loans of the Commission shall be ordered by by-law, except in the case of loans by notes the term for repayment of which does not exceed one year; in such last mentioned case, a mere resolution of the Commission approved by the Council and the Commission municipale du Québec shall be sufficient.
1972, c. 73, s. 17; 1977, c. 5, s. 14.
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