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E-2.2 - Act respecting elections and referendums in municipalities

Section 389
Disposition versions

Full text
389. The following persons shall not act as auditor:
(1)  the chief electoral officer;
(2)  the officers or employees of the municipality or of a mandatary body of the municipality referred to in paragraph 1 or 2 of section 307;
(3)  members of the Parliament of Québec or of the Parliament of Canada;
(4)  the leader of the party or other executive officer of the party;
(5)  official agents or representatives of parties carrying on their activities in the territory of the municipality and those of independent candidates for office as a member of the council of the municipality;
(6)  candidates for office as member of the council of the municipality at the last general election, any subsequent by-election or the current election;
(7)  the auditor of the municipality;
(8)  the election officers of the municipality;
(9)  a person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 645, the Act respecting school elections to elect certain members of the boards of directors of English-language school service centres (chapter E-2.3) or the Election Act (chapter E-3.3).
Disqualification under subparagraph 9 of the first paragraph shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
The associates and the employees of the persons contemplated in subparagraphs 1 to 8 of the first paragraph are also disqualified from holding office as auditor.
1987, c. 57, s. 389; 1989, c. 1, s. 601; 1990, c. 4, s. 405; 2002, c. 37, s. 181; 2005, c. 28, s. 90; 2020, c. 1, s. 313.
389. The following persons shall not act as auditor:
(1)  the chief electoral officer;
(2)  the officers or employees of the municipality or of a mandatary body of the municipality referred to in paragraph 1 or 2 of section 307;
(3)  members of the Parliament of Québec or of the Parliament of Canada;
(4)  the leader of the party or other executive officer of the party;
(5)  official agents or representatives of parties carrying on their activities in the territory of the municipality and those of independent candidates for office as a member of the council of the municipality;
(6)  candidates for office as member of the council of the municipality at the last general election, any subsequent by-election or the current election;
(7)  the auditor of the municipality;
(8)  the election officers of the municipality;
(9)  a person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 645, the Act respecting school elections (chapter E-2.3) or the Election Act (chapter E-3.3).
Disqualification under subparagraph 9 of the first paragraph shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
The associates and the employees of the persons contemplated in subparagraphs 1 to 8 of the first paragraph are also disqualified from holding office as auditor.
1987, c. 57, s. 389; 1989, c. 1, s. 601; 1990, c. 4, s. 405; 2002, c. 37, s. 181; 2005, c. 28, s. 90.
389. The following persons shall not act as auditor:
(1)  the chief electoral officer;
(2)  the officers or employees of the municipality or of a mandatary body of the municipality referred to in paragraph 1 or 2 of section 307;
(3)  members of the Parliament of Québec or of the Parliament of Canada;
(4)  the leader of the party or other executive officer of the party;
(5)  official agents or representatives of parties carrying on their activities in the territory of the municipality and those of independent candidates for office as a member of the council of the municipality;
(6)  candidates for office as member of the council of the municipality at the last general election, any subsequent by-election or the current election;
(7)  the auditor of the municipality;
(8)  the election officers of the municipality;
(9)  a person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3).
Disqualification under subparagraph 9 of the first paragraph shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
The associates and the employees of the persons contemplated in subparagraphs 1 to 8 of the first paragraph are also disqualified from holding office as auditor.
1987, c. 57, s. 389; 1989, c. 1, s. 601; 1990, c. 4, s. 405; 2002, c. 37, s. 181.
389. The following persons shall not act as auditor:
(1)  the chief electoral officer;
(2)  the officers or employees of the municipality;
(3)  members of the Parliament of Québec or of the Parliament of Canada;
(4)  the leader of the party or other executive officer of the party;
(5)  official agents or representatives of parties carrying on their activities in the territory of the municipality and those of independent candidates for office as a member of the council of the municipality;
(6)  candidates for office as member of the council of the municipality at the last general election, any subsequent by-election or the current election;
(7)  the auditor of the municipality;
(8)  the election officers of the municipality;
(9)  a person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3).
Disqualification under subparagraph 9 of the first paragraph shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
The associates and the employees of the persons contemplated in subparagraphs 1 to 8 of the first paragraph are also disqualified from holding office as auditor.
1987, c. 57, s. 389; 1989, c. 1, s. 601; 1990, c. 4, s. 405.
389. The following persons shall not act as auditor:
(1)  the chief electoral officer;
(2)  the officers or employees of the municipality;
(3)  members of the Parliament of Québec or of the Parliament of Canada;
(4)  the leader of the party or other executive officer of the party;
(5)  official agents or representatives of parties carrying on their activities in the territory of the municipality and those of independent candidates for office as a member of the council of the municipality;
(6)  candidates for office as member of the council of the municipality at the last general election, any subsequent by-election or the current election;
(7)  the auditor of the municipality;
(8)  the election officers of the municipality;
(9)  a person who pleads guilty to or is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3).
Disqualification under subparagraph 9 of the first paragraph shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
The associates and the employees of the persons contemplated in subparagraphs 1 to 8 of the first paragraph are also disqualified from holding office as auditor.
1987, c. 57, s. 389; 1989, c. 1, s. 601.
389. The following persons shall not act as auditor:
(1)  the chief electoral officer;
(2)  the officers or employees of the municipality;
(3)  members of the Parliament of Québec or of the Parliament of Canada;
(4)  the leader of the party or other executive officer of the party;
(5)  official agents or representatives of parties carrying on their activities in the territory of the municipality and those of independent candidates for office as a member of the council of the municipality;
(6)  candidates for office as member of the council of the municipality at the last general election, any subsequent by-election or the current election;
(7)  the auditor of the municipality;
(8)  the election officers of the municipality;
(9)  a person who pleads guilty to or is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.2).
Disqualification under subparagraph 9 of the first paragraph shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
The associates and the employees of the persons contemplated in subparagraphs 1 to 8 of the first paragraph are also disqualified from holding office as auditor.
1987, c. 57, s. 389.
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