F-2.1 - Act respecting municipal taxation

Section 5.2 Disposition versions

2002-12-19

5.2. (Repealed).

2002, c. 68, s. 34.

2002-11-25

5.2. No officer or employee of a local municipality referred to in the third paragraph of section 5.1 may be dismissed solely as a result of the loss of jurisdiction of the municipality in matters of assessment.

The clerk of such a municipality shall, in a document transmitted by the clerk to the regional county municipality, identify any officer or employee all of whose working time is devoted exclusively to matters of assessment and whose services will no longer be required because the local municipality has lost its jurisdiction with respect to that matter.

Besides identifying any officer or employee concerned, the document referred to in the second paragraph must specify the nature of the officer’s or employee’s employment relationship with the local municipality, the conditions of employment of the officer or employee, the date on which the services of the officer or employee will no longer be required and, as the case may be, the date on which the officer’s or employee’s employment relationship with the local municipality would normally have ended. Where the employment relationship results from a written contract of employment, a certified true copy of the contract must accompany the document.

The document referred to in the second paragraph shall be sent to the regional county municipality not later than 30 days before the date on which, according to the document, the services of the officer or employee identified in the document are no longer required. Different documents may be successively sent, according to the different dates on which the services of the various officers or employees identified will no longer be required.

From the date on which, according to the document, the services of the officer or employee are no longer required by the local municipality, the officer or employee shall become, without salary reduction, an officer or employee of the regional county municipality and shall retain his or her seniority and employee benefits.

An officer or employee dismissed by a local municipality referred to in the first paragraph who is not identified in a document referred to in the second paragraph may, if the officer or employee believes that the document should provide that identification, file a complaint in writing within 30 days of being dismissed with the Commission des relations du travail established under the Labour Code (chapter C-27) so that it may make an inquiry and dispose of the complaint. The provisions of the Labour Code relating to the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdictions shall apply, with the necessary modifications.

From the date of coming into force of the order designating a regional county municipality as a rural regional county municipality, a local municipality referred to in the first paragraph may not, without the authorization of the Minister of Municipal Affairs and Greater Montréal, increase expenditures relating to the remuneration and employee benefits of any officers or employees likely to be identified in the document referred to in the second paragraph, unless the increase results from the application of a clause of a collective agreement or a contract of employment in force on that date.

2001, c. 25, s. 109; 2001, c. 26, s. 119.

2001-06-21

5.2. No officer or employee of a local municipality referred to in the third paragraph of section 5.1 may be dismissed solely as a result of the loss of jurisdiction of the municipality in matters of assessment.

The clerk of such a municipality shall, in a document transmitted by the clerk to the regional county municipality, identify any officer or employee all of whose working time is devoted exclusively to matters of assessment and whose services will no longer be required because the local municipality has lost its jurisdiction with respect to that matter.

Besides identifying any officer or employee concerned, the document referred to in the second paragraph must specify the nature of the officer’s or employee’s employment relationship with the local municipality, the conditions of employment of the officer or employee, the date on which the services of the officer or employee will no longer be required and, as the case may be, the date on which the officer’s or employee’s employment relationship with the local municipality would normally have ended. Where the employment relationship results from a written contract of employment, a certified true copy of the contract must accompany the document.

The document referred to in the second paragraph shall be sent to the regional county municipality not later than 30 days before the date on which, according to the document, the services of the officer or employee identified in the document are no longer required. Different documents may be successively sent, according to the different dates on which the services of the various officers or employees identified will no longer be required.

From the date on which, according to the document, the services of the officer or employee are no longer required by the local municipality, the officer or employee shall become, without salary reduction, an officer or employee of the regional county municipality and shall retain his or her seniority and employee benefits.

An officer or employee dismissed by a local municipality referred to in the first paragraph who is not identified in a document referred to in the second paragraph may, if the officer or employee believes that the document should provide that identification, file a complaint in writing within 30 days of being dismissed with the labour commissioner general who shall designate a labour commissioner to make an inquiry and decide the complaint. The provisions of the Labour Code (chapter C-27) relating to the labour commissioner general, the labour commissioners, their decisions and the exercise of their jurisdictions shall apply, with the necessary modifications.

From the date of coming into force of the order designating a regional county municipality as a rural regional county municipality, a local municipality referred to in the first paragraph may not, without the authorization of the Minister of Municipal Affairs and Greater Montréal, increase expenditures relating to the remuneration and employee benefits of any officers or employees likely to be identified in the document referred to in the second paragraph, unless the increase results from the application of a clause of a collective agreement or a contract of employment in force on that date.

2001, c. 25, s. 109.