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F-2.1 - Act respecting municipal taxation
Section 200
Disposition versions
200. If a local municipality or a municipal body responsible for assessment that has delegated the exercise of its jurisdiction under any of sections 195 to 196.1 dismisses an officer or employee referred to in section 199, the resolution dismissing the officer or employee shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25.01).
A person who believes he has been dismissed solely as a result of the delegation may, within 30 days following service of the resolution, file a complaint in writing with the Administrative Labour Tribunal requesting it to conduct an inquiry and dispose of the complaint.
The provisions of the Act to establish the Administrative Labour Tribunal (chapter T-15.1) that pertain to the Administrative Labour Tribunal, its members, their decisions and the exercise of their jurisdiction and section 100.12 of the Labour Code (chapter C-27) apply, with the necessary modifications.
Where the Administrative Labour Tribunal considers that an officer or employee has been dismissed solely as a result of the delegation, the Administrative Labour Tribunal may
(1) order the municipality or municipal body responsible for assessment to reinstate the officer or employee;
(2) order the municipality or municipal body responsible for assessment to pay to the officer or employee an indemnity up to a maximum equivalent to the salary the officer or employee would normally have received had there been no such dismissal;
(3) render any other decision the Administrative Labour Tribunal believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the municipality or municipal body responsible for assessment to pay to the officer or employee compensation up to a maximum equivalent to the amount the officer or employee disbursed to exercise the recourse.
200. If a local municipality or a municipal body responsible for assessment that has delegated the exercise of its jurisdiction under any of sections 195 to 196.1 dismisses an officer or employee referred to in section 199, the resolution dismissing the officer or employee shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C-25).
A person who believes he has been dismissed solely as a result of the delegation may, within 30 days following service of the resolution, file a complaint in writing with the Commission des relations du travail established by the Labour Code (chapter C-27) to make an inquiry and dispose of the complaint.
The provisions of the Labour Code (chapter C-27) respecting the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the Code apply with the necessary modifications, except sections 15 to 19.
Where the Commission des relations du travail considers that an officer or employee has been dismissed solely as a result of the delegation, the Commission des relations du travail may
(1) order the municipality or municipal body responsible for assessment to reinstate the officer or employee;
(2) order the municipality or municipal body responsible for assessment to pay to the officer or employee an indemnity up to a maximum equivalent to the salary the officer or employee would normally have received had there been no such dismissal;
(3) render any other decision the Commission des relations du travail believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the municipality or municipal body responsible for assessment to pay to the officer or employee compensation up to a maximum equivalent to the amount the officer or employee disbursed to exercise the recourse.
200. If a local municipality or a municipal body responsible for assessment that has delegated the exercise of its jurisdiction under any of sections 195 to 196.1 dismisses an officer or employee referred to in section 199, the resolution dismissing the officer or employee shall be served on the officer or employee in the same manner as a summons under the Code of Civil Procedure (chapter C‐25).
A person who believes he has been dismissed solely as a result of the delegation may, within 30 days following service of the resolution, file a complaint in writing with the labour commissioner general who shall appoint a labour commissioner to make an inquiry and decide the complaint.
The provisions of the Labour Code (chapter C‐27) respecting the labour commissioner general, the labour commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the Code apply with the necessary modifications, except sections 15 to 19 and 118 to 137.
Where the labour commissioner considers that an officer or employee has been dismissed solely as a result of the delegation, the labour commissioner may
(1) order the municipality or municipal body responsible for assessment to reinstate the officer or employee;
(2) order the municipality or municipal body responsible for assessment to pay to the officer or employee an indemnity up to a maximum equivalent to the salary the officer or employee would normally have received had there been no such dismissal;
(3) render any other decision the labour commissioner believes fair and reasonable, taking into account all the circumstances of the matter, and in particular order the municipality or municipal body responsible for assessment to pay to the officer or employee compensation up to a maximum equivalent to the amount the officer or employee disbursed to exercise the recourse.
The decision of the labour commissioner must state the grounds on which it is based and be rendered in writing. The decision shall bind both the municipality or municipal body responsible for assessment and the officer or employee.
The labour commissioner must file the original of the decision at the office of the labour commissioner general.
The clerk shall send forthwith a true copy of the decision to the parties.
200. If a local municipality or a municipal body responsible for assessment that has delegated the exercise of its jurisdiction under any of sections 195 to 196.1 dismisses an officer or employee contemplated in section 199, the resolution dismissing him must be served on him personally by handing him a copy of it.
A person dismissed as in the first paragraph may appeal from the decision to the Commission, and it shall decide finally, after inquiry.
The appeal must be made within fifteen days after service of the resolution.
If the appeal is upheld, the Commission may also order the municipality or the body to pay to the appellant the amount of money that it determines to indemnify him for the expenses he incurred in the appeal. The order to that effect is homologated on motion by the appellant by the Court of Québec or the Superior Court, according to the amount fixed. The appellant may then proceed to execution of judgment against the municipality or the body.
200. If a local municipality or a municipal body responsible for assessment that has delegated the exercise of its jurisdiction under section 195 or 196 dismisses an officer or employee contemplated in section 199, the resolution dismissing him must be served on him personally by handing him a copy of it.
A person dismissed as in the first paragraph may appeal from the decision to the Commission, and it shall decide finally, after inquiry.
The appeal must be made within fifteen days after service of the resolution.
If the appeal is upheld, the Commission may also order the municipality or the body to pay to the appellant the amount of money that it determines to indemnify him for the expenses he incurred in the appeal. The order to that effect is homologated on motion by the appellant by the Court of Québec or the Superior Court, according to the amount fixed. The appellant may then proceed to execution of judgment against the municipality or the body.
200. If a municipal corporation or a municipality that has delegated the exercise of its jurisdiction under section 195 or 196 dismisses an officer or employee contemplated in section 199, the resolution dismissing him must be served on him personally by handing him a copy of it.
A person dismissed as in the first paragraph may appeal from the decision to the Commission, and it shall decide finally, after inquiry.
The appeal must be made within fifteen days after service of the resolution.
If the appeal is upheld, the Commission may also order the municipal corporation or the municipality to pay to the appellant the amount of money that it determines to indemnify him for the expenses he incurred in the appeal.The order to that effect is homologated on motion by the appellant by the Court of Québec or the Superior Court, according to the amount fixed. The appellant may then proceed to execution of judgment against the municipal corporation or the municipality.
200. If a municipal corporation or a municipality that has delegated the exercise of its jurisdiction under section 195 or 196 dismisses an officer or employee contemplated in section 199, the resolution dismissing him must be served on him personally by handing him a copy of it.
A person dismissed as in the first paragraph may appeal from the decision to the Commission, and it shall decide finally, after inquiry.
The appeal must be made within fifteen days after service of the resolution.
If the appeal is upheld, the Commission may also order the municipal corporation or the municipality to pay to the appellant the amount of money that it determines to indemnify him for the expenses he incurred in the appeal.The order to that effect is homologated on motion by the appellant by the Provincial Court or the Superior Court, according to the amount fixed. The appellant may then proceed to execution of judgment against the municipal corporation or the municipality.
