E-2.2 - Act respecting elections and referendums in municipalities

Section 312.1 Disposition versions

2021-11-05

312.1. The Superior Court may, on an application, if it considers it warranted in the public interest, declare provisionally incapable to perform any duty of office a member of the council of a municipality against whom an action for declaration of disqualification for a reason provided for in section 305.1 or proceedings for an offence under an Act of the Parliament of Québec or Canada that is punishable by a term of imprisonment of two years or more have been brought or that, if the prosecutor had proceeded by indictment, would have been punishable by two years of imprisonment or more.

The application may be brought by the municipality, the Attorney General, the Commission municipale du Québec or any of the municipality’s electors. It is heard and decided by preference. Notice of the application is given to the Director of Criminal and Penal Prosecutions and to any other authority responsible for the proceedings on which the application is based, so that they may make representations concerning any order needed to protect the right to a fair trial in the context of those proceedings.

To assess whether it is warranted in the public interest, the court considers the seriousness of the offence or misconduct and the extent to which the offence or misconduct is likely to discredit the administration of the municipality.

2013, c. 3, s. 6; I.N. 2016-01-01 (NCCP); 2021, c. 31, s. 12.

2016-01-01

312.1. The Superior Court may, on an application, if it considers it warranted in the public interest, declare provisionally incapable to perform any duty of office a member of the council of a municipality against whom proceedings have been brought for an offence under an Act of the Parliament of Québec or Canada that is punishable by a term of imprisonment of two years or more.

The application may be brought by the municipality, the Attorney General or any of the municipality’s electors. It is heard and decided by preference. Notice of the application is given to the Director of Criminal and Penal Prosecutions and to any other authority responsible for the proceedings on which the application is based, so that they may make representations concerning any order needed to protect the right to a fair trial in the context of those proceedings.

To assess whether it is warranted in the public interest, the court considers the connection between the alleged offence and the council member’s duties and the extent to which the alleged offence is likely to discredit the administration of the municipality.

2013, c. 3, s. 6; I.N. 2016-01-01 (NCCP).

2013-04-09

312.1. The Superior Court may, on a motion, if it considers it warranted in the public interest, declare provisionally incapable to perform any duty of office a member of the council of a municipality against whom proceedings have been brought for an offence under an Act of the Parliament of Québec or Canada that is punishable by a term of imprisonment of two years or more.

The motion may be brought by the municipality, the Attorney General or any of the municipality’s electors. It is heard and decided by preference. Notice of the motion is given to the Director of Criminal and Penal Prosecutions and to any other authority responsible for the proceedings on which the motion is based, so that they may make representations concerning any order needed to protect the right to a fair trial in the context of those proceedings.

To assess whether it is warranted in the public interest, the court considers the connection between the alleged offence and the council member’s duties and the extent to which the alleged offence is likely to discredit the administration of the municipality.

2013, c. 3, s. 6.