E-2.2 - Act respecting elections and referendums in municipalities

Section 317 Disposition versions

2024-06-06

317. The term of a member of the council who fails to attend council sittings for 90 consecutive days ends at the close of the first sitting after the expiry of the 90 days unless the member attends that sitting.

The council may, at the first sitting after the 90 days, grant 30 days of grace to the member if he was in fact unable to attend the sittings. In such case, the term of the member ends 31 days later, unless he attends a sitting of the council during the period of grace.

The council may also, not later than at the first sitting following the 90-day period mentioned in the first paragraph, order that a member’s failure to attend sittings of the council for serious reasons beyond his control and causing no prejudice to the citizens of the municipality or of the electoral district or ward, as the case may be, shall not entail the end of his term.

The first three paragraphs do not apply where the member is unable to attend the sittings by reason of the provisional execution of a judgment declaring the nullity of his election or his disqualification or ouster from office or by reason of the existence of a judgment declaring him provisionally incapable under section 312.1. Nor do they apply where the member’s failure to attend sittings is due to the member’s pregnancy or the birth or adoption of the member’s child, provided that failure does not exceed a period of 18 consecutive weeks.

Where the member fails to attend the first sitting after the expiry of the period specified in the first paragraph by reason of a suspension imposed by the Commission municipale du Québec under section 31 or 31.1 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) or under section 8 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), that period is deemed not to have expired and is extended until the last day of the suspension.

This section applies only to the member’s attendance in his capacity as member.

1987, c. 57, s. 317; 1999, c. 40, s. 114; 2010, c. 27, s. 40; 2013, c. 3, s. 7; 2016, c. 17, s. 52; 2021, c. 31, s. 17; 2024, c. 24, s. 119.

2021-11-05

317. The term of a member of the council who fails to attend council sittings for 90 consecutive days ends at the close of the first sitting after the expiry of the 90 days unless the member attends that sitting.

The council may, at the first sitting after the 90 days, grant 30 days of grace to the member if he was in fact unable to attend the sittings. In such case, the term of the member ends 31 days later, unless he attends a sitting of the council during the period of grace.

The council may also in due time order that a member’s failure to attend sittings of the council for serious reasons beyond his control and causing no prejudice to the citizens of the municipality or of the electoral district or ward, as the case may be, shall not entail the end of his term.

The first three paragraphs do not apply where the member is unable to attend the sittings by reason of the provisional execution of a judgment declaring the nullity of his election or his disqualification or ouster from office or by reason of the existence of a judgment declaring him provisionally incapable under section 312.1. Nor do they apply where the member’s failure to attend sittings is due to the member’s pregnancy or the birth or adoption of the member’s child, provided that failure does not exceed a period of 18 consecutive weeks.

Where the member fails to attend the first sitting after the expiry of the period specified in the first paragraph by reason of a suspension imposed by the Commission municipale du Québec under section 31 or 31.1 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1), that period is deemed not to have expired and is extended until the last day of the suspension.

This section applies only to the member’s attendance in his capacity as member.

1987, c. 57, s. 317; 1999, c. 40, s. 114; 2010, c. 27, s. 40; 2013, c. 3, s. 7; 2016, c. 17, s. 52; 2021, c. 31, s. 17.

2016-06-10

317. The term of a member of the council who fails to attend council sittings for 90 consecutive days ends at the close of the first sitting after the expiry of the 90 days unless the member attends that sitting.

The council may, at the first sitting after the 90 days, grant 30 days of grace to the member if he was in fact unable to attend the sittings. In such case, the term of the member ends 31 days later, unless he attends a sitting of the council during the period of grace.

The council may also in due time order that a member’s failure to attend sittings of the council for serious reasons beyond his control and causing no prejudice to the citizens of the municipality or of the electoral district or ward, as the case may be, shall not entail the end of his term.

The first three paragraphs do not apply where the member is unable to attend the sittings by reason of the provisional execution of a judgment declaring the nullity of his election or his disqualification or ouster from office or by reason of the existence of a judgment declaring him provisionally incapable under section 312.1. Nor do they apply where the member’s failure to attend sittings is due to the member’s pregnancy or the birth or adoption of the member’s child, provided that failure does not exceed a period of 18 consecutive weeks.

Where the member fails to attend the first sitting after the expiry of the period specified in the first paragraph by reason of a suspension imposed by the Commission municipale du Québec for a violation of a rule of the code of ethics and conduct of the municipality, that period is deemed not to have expired and is extended until the last day of the suspension.

This section applies only to the member’s attendance in his capacity as member.

1987, c. 57, s. 317; 1999, c. 40, s. 114; 2010, c. 27, s. 40; 2013, c. 3, s. 7; 2016, c. 17, s. 52.

2013-04-09

317. The term of a member of the council who fails to attend council sittings for 90 consecutive days ends at the close of the first sitting after the expiry of the 90 days unless the member attends that sitting.

The council may, at the first sitting after the 90 days, grant 30 days of grace to the member if he was in fact unable to attend the sittings. In such case, the term of the member ends 31 days later, unless he attends a sitting of the council during the period of grace.

The council may also in due time order that a member’s failure to attend sittings of the council for serious reasons beyond his control and causing no prejudice to the citizens of the municipality or of the electoral district or ward, as the case may be, shall not entail the end of his term.

The first three paragraphs do not apply where the member is unable to attend the sittings by reason of the provisional execution of a judgment declaring the nullity of his election or his disqualification or ouster from office or by reason of the existence of a judgment declaring him provisionally incapable under section 312.1.

Where the member fails to attend the first sitting after the expiry of the period specified in the first paragraph by reason of a suspension imposed by the Commission municipale du Québec for a violation of a rule of the code of ethics and conduct of the municipality, that period is deemed not to have expired and is extended until the last day of the suspension.

This section applies only to the member’s attendance in his capacity as member.

1987, c. 57, s. 317; 1999, c. 40, s. 114; 2010, c. 27, s. 40; 2013, c. 3, s. 7.

2010-12-02

317. The term of a member of the council who fails to attend council sittings for 90 consecutive days ends at the close of the first sitting after the expiry of the 90 days unless the member attends that sitting.

The council may, at the first sitting after the 90 days, grant 30 days of grace to the member if he was in fact unable to attend the sittings. In such case, the term of the member ends 31 days later, unless he attends a sitting of the council during the period of grace.

The council may also in due time order that a member’s failure to attend sittings of the council for serious reasons beyond his control and causing no prejudice to the citizens of the municipality or of the electoral district or ward, as the case may be, shall not entail the end of his term.

The first three paragraphs do not apply where the member is unable to attend the sittings by reason of the provisional execution of a judgment declaring the nullity of his election or his disqualification or ouster from office.

Where the member fails to attend the first sitting after the expiry of the period specified in the first paragraph by reason of a suspension imposed by the Commission municipale du Québec for a violation of a rule of the code of ethics and conduct of the municipality, that period is deemed not to have expired and is extended until the last day of the suspension.

This section applies only to the member’s attendance in his capacity as member.

1987, c. 57, s. 317; 1999, c. 40, s. 114; 2010, c. 27, s. 40.

1999-10-22

317. The term of a member of the council who fails to attend council sittings for 90 consecutive days ends at the close of the first sitting after the expiry of the 90 days unless the member attends that sitting.

The council may, at the first sitting after the 90 days, grant 30 days of grace to the member if he was in fact unable to attend the sittings. In such case, the term of the member ends 31 days later, unless he attends a sitting of the council during the period of grace.

The council may also in due time order that a member’s failure to attend sittings of the council for serious reasons beyond his control and causing no prejudice to the citizens of the municipality or of the electoral district or ward, as the case may be, shall not entail the end of his term.

The first three paragraphs do not apply where the member is unable to attend the sittings by reason of the provisional execution of a judgment declaring the nullity of his election or his disqualification or ouster from office.

This section applies only to the member’s attendance in his capacity as member.

1987, c. 57, s. 317; 1999, c. 40, s. 114.

1988-01-01

317. The term of a member of the council who fails to attend council sittings for 90 consecutive days ends at the close of the first sitting after the expiry of the 90 days unless the member attends that sitting.

The council may, at the first sitting after the 90 days, grant 30 days of grace to the member if he was in fact unable to attend the sittings. In such case, the term of the member ends 31 days later, unless he attends a sitting of the council during the period of grace.

The council may also in due time order that a member’s failure to attend sittings of the council for serious reasons beyond his control and causing no prejudice to the citizens of the municipality or of the electoral district or ward, as the case may be, shall not entail the end of his term.

The first three paragraphs do not apply where the member is prevented from attending the sittings by reason of the provisional execution of a judgment declaring the nullity of his election or his disqualification or ouster from office.

This section applies only to the member’s attendance in his capacity as member.

1987, c. 57, s. 317.