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E-2.2 - Act respecting elections and referendums in municipalities

Section 312.6
Disposition versions

Full text
312.6. If found guilty or declared disqualified, by a judgment that has become final, of an offence or for misconduct alleged in the proceedings or action on which the judgment declaring him provisionally incapable was based, the council member must repay to the municipality and any mandatary body of the municipality or supramunicipal body any sum received as remuneration or an allowance under the Act respecting the remuneration of elected municipal officers (chapter T-11.001) for the period during which he was forced to cease performing any duty of office.
The council member must also reimburse the municipality for any expenses paid in the context of the defence of the council member against a provisional relief application brought under subparagraph 3 of the first paragraph of section 604.6 of the Cities and Towns Act (chapter C-19) or subparagraph 3 of the first paragraph of article 711.19.1 of the Municipal Code of Québec (chapter C-27.1).
2013, c. 3, s. 6; I.N. 2016-01-01 (NCCP); 2016, c. 30, s. 7; 2018, c. 8, s. 176; 2021, c. 31, s. 16.
312.6. If found guilty, by a judgment that has become final, of the offence alleged in the proceedings on which the judgment declaring him provisionally incapable was based, the council member must repay to the municipality and any mandatary body of the municipality or supramunicipal body any sum received as remuneration or an allowance under the Act respecting the remuneration of elected municipal officers (chapter T-11.001) for the period during which he was forced to cease performing any duty of office.
The council member must also reimburse the municipality for any expenses paid in the context of the defence of the council member against a provisional relief application brought under subparagraph 3 of the first paragraph of section 604.6 of the Cities and Towns Act (chapter C-19) or subparagraph 3 of the first paragraph of article 711.19.1 of the Municipal Code of Québec (chapter C-27.1).
2013, c. 3, s. 6; I.N. 2016-01-01 (NCCP); 2016, c. 30, s. 7; 2018, c. 8, s. 176.
312.6. If found guilty, by a judgment that has become final, of the offence alleged in the proceedings on which the judgment declaring him provisionally incapable was based, the council member must repay to the municipality and any mandatary body of the municipality or supramunicipal body any sum received as remuneration or an allowance under the Act respecting the remuneration of elected municipal officers (chapter T-11.001) for the period during which he was forced to cease performing any duty of office. Moreover, in addition to losing the right to any transition allowance and to being required to reimburse such an allowance in accordance with sections 31.1.1 and 31.1.2 of that Act, the council member loses the right to any severance allowance under that Act for the period prior to the judgment convicting him and any such allowance already received must be reimbursed to the municipality, except if it was received before the beginning of the term during which the council member was forced to cease performing the duties of office.
The council member must also reimburse the municipality for any expenses paid in the context of the defence of the council member against a provisional relief application brought under subparagraph 3 of the first paragraph of section 604.6 of the Cities and Towns Act (chapter C-19) or subparagraph 3 of the first paragraph of article 711.19.1 of the Municipal Code of Québec (chapter C-27.1).
2013, c. 3, s. 6; I.N. 2016-01-01 (NCCP); 2016, c. 30, s. 7.
312.6. If found guilty, by a judgment that has become final, of the offence alleged in the proceedings on which the judgment declaring him provisionally incapable was based, the council member must repay to the municipality and any mandatary body of the municipality or supramunicipal body any sum received as remuneration or an allowance under the Act respecting the remuneration of elected municipal officers (chapter T-11.001) for the period during which he was forced to cease performing any duty of office. The council member also loses the right to any severance allowance or transition allowance under that Act for the period prior to the finding of guilty and any such sums already received must be repaid to the municipality, except if they were received before the beginning of the term during which the council member was forced to cease performing any duty of office.
The council member must also reimburse the municipality for any expenses paid in the context of the defence of the council member against a provisional relief application brought under subparagraph 3 of the first paragraph of section 604.6 of the Cities and Towns Act (chapter C-19) or subparagraph 3 of the first paragraph of article 711.19.1 of the Municipal Code of Québec (chapter C-27.1).
2013, c. 3, s. 6; I.N. 2016-01-01 (NCCP).
312.6. If found guilty, by a judgment that has become final, of the offence alleged in the proceedings on which the judgment declaring him provisionally incapable was based, the council member must repay to the municipality and any mandatary body of the municipality or supramunicipal body any sum received as remuneration or an allowance under the Act respecting the remuneration of elected municipal officers (chapter T-11.001) for the period during which he was forced to cease performing any duty of office. The council member also loses the right to any severance allowance or transition allowance under that Act for the period prior to the finding of guilty and any such sums already received must be repaid to the municipality, except if they were received before the beginning of the term during which the council member was forced to cease performing any duty of office.
The council member must also reimburse the municipality for any expenses paid in the context of the defence of the council member against a provisional relief motion brought under subparagraph 3 of the first paragraph of section 604.6 of the Cities and Towns Act (chapter C-19) or subparagraph 3 of the first paragraph of article 711.19.1 of the Municipal Code of Québec (chapter C-27.1).
2013, c. 3, s. 6.
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