E-2.2 - Act respecting elections and referendums in municipalities

Section 88.1 Disposition versions

2016-01-01

88.1. No penalty may be imposed by the municipality on any election officer who is an officer or employee of the municipality for acts performed in good faith by the election officer in the performance of his duties, even outside the election period within the meaning of section 364.

Any contravention of the first paragraph authorizes the person on whom the penalty is imposed to assert his rights before the Administrative Labour Tribunal. The provisions applicable to a remedy relating to the exercise by an employee of a right under the Labour Code (chapter C-27) apply, with the necessary modifications.

1999, c. 25, s. 9; 2000, c. 54, s. 35; 2001, c. 26, s. 102; 2015, c. 15, s. 152.

2002-11-25

88.1. No penalty may be imposed by the municipality on any election officer who is an officer or employee of the municipality for acts performed in good faith by the election officer in the performance of his duties, even outside the election period within the meaning of section 364.

Any contravention of the first paragraph authorizes the person on whom the penalty is imposed to assert his rights before the Commission des relations du travail established by the Labour Code (chapter C-27). The provisions applicable to a remedy relating to the exercise by an employee of a right arising out of the Code apply, with the necessary modifications.

1999, c. 25, s. 9; 2000, c. 54, s. 35; 2001, c. 26, s. 102.

2000-12-20

88.1. No penalty may be imposed by the municipality on any election officer who is an officer or employee of the municipality for acts performed in good faith by the election officer in the performance of his duties, even outside the election period within the meaning of section 364.

Any contravention of the first paragraph authorizes the person on whom the penalty is imposed to assert his rights before a labour commissioner appointed under the Labour Code (chapter C‐27), in the same manner as if it were a case of dismissal, suspension or transfer of an employee, of the practice of discrimination, the taking of reprisals or the imposition of any other sanction by reason of the exercise by the employee of a right arising under the Labour Code. Sections 15 to 20, 118 to 137, 139, 139.1, 140, 146.1 and 150 to 152 of the Labour Code then apply, with the necessary modifications.

1999, c. 25, s. 9; 2000, c. 54, s. 35.

1999-06-19

88.1. No penalty may be imposed by the municipality on any election officer who is an officer or employee of the municipality for acts performed in good faith by the election officer in the performance of his duties, even outside the election period within the meaning of section 364.

Any contravention of the first paragraph authorizes the person on whom the penalty is imposed to assert his rights before a labour commissioner appointed under the Labour Code (chapter C‐27), in the same manner as if it were a case of dismissal, suspension or transfer of an employee, of the practice of discrimination, the taking of reprisals or the imposition of any other sanction by reason of the exercise by the employee of a right arising under the Labour Code. Sections 15 to 20, 118 to 137, 139, 139.1, 140, 146.1 and 150 to 152 of the Labour Code then apply, with the necessary modifications.

The second paragraph does not apply if the person on whom the penalty is imposed may appeal therefrom, under section 72 of the Cities and Towns Act (chapter C‐19) or article 181 of the Municipal Code of Québec (chapter C-27.1), before the Commission municipale du Québec.

1999, c. 25, s. 9.