P-13.1 - Police Act

Section 89 Disposition versions

2020-06-05

89. The decision of the council may be contested before three judges of the Court of Québec, who shall rule on the matter in the last instance.

The contestation must be filed at the office of the Court of Québec in the judicial district where the contesting party is domiciled, within 30 days of the date of service of the decision; it must be accompanied with a notice of at least 10 days of the date of its filing and be served on the Minister.

The rules of the Code of Civil Procedure (chapter C-25.01) relating to the production of evidence, hearing and judgment apply, with the necessary modifications, to a contestation filed under this division. The judges hearing and deciding the contestation are vested with the powers and immunity of commissioners appointed pursuant to the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment. They may make any order they consider appropriate to safeguard the rights of the parties. They may confirm, quash or amend the decision referred to them.

If the contestation is granted, the court may order the municipality to pay the contesting party a sum of money as compensation for costs. The court may also, if the resolution concerned the dismissal of the contesting party, order the municipality to pay all or part of the salary the contesting party was not paid during the suspension and to reinstate, for the period of the suspension, the other benefits and allowances to which the contesting party was entitled before the suspension.

2000, c. 12, s. 89; I.N. 2016-01-01 (NCCP); 2020, c. 12, s. 136.

2016-01-01

89. The decision of the council may be appealed before three judges of the Court of Québec, who shall rule on the matter in the last instance.

The appeal is filed at the office of the Court of Québec in the judicial district where the appellant is domiciled, within 30 days of the date of service of the decision; it must be accompanied with a notice of at least 10 days of the date of its filing and be served on the Minister.

The rules of the Code of Civil Procedure (chapter C-25.01) relating to the production of evidence, hearing and judgment apply, with the necessary modifications, to an appeal brought under this division. The judges hearing and deciding the appeal are vested with the powers and immunity of commissioners appointed pursuant to the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment. They may make any order they consider appropriate to safeguard the rights of the parties. They may confirm, quash or amend the decision referred to them.

If the appeal is granted, the court may order the municipality to pay the appellant a sum of money as compensation for costs. The court may also, if the resolution concerned the dismissal of the appellant, order the municipality to pay all or part of the salary the appellant was not paid during the suspension and to reinstate, for the period of the suspension, the other benefits and allowances to which the appellant was entitled before the suspension.

2000, c. 12, s. 89; I.N. 2016-01-01 (NCCP).

2000-06-16

89. The decision of the council may be appealed before three judges of the Court of Québec, who shall rule on the matter in the last instance.

The appeal is filed at the office of the Court of Québec in the judicial district where the appellant is domiciled, within 30 days of the date of service of the decision; it must be accompanied with a notice of at least 10 days of the date of its filing and be served on the Minister.

The rules of the Code of Civil Procedure (chapter C-25) relating to the production of evidence, hearing and judgment apply, with the necessary modifications, to an appeal brought under this division. The judges hearing and deciding the appeal are vested with the powers and immunity of commissioners appointed pursuant to the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment. They may make any order they consider appropriate to safeguard the rights of the parties. They may confirm, quash or amend the decision referred to them.

If the appeal is granted, the court may order the municipality to pay the appellant a sum of money as compensation for costs. The court may also, if the resolution concerned the dismissal of the appellant, order the municipality to pay all or part of the salary the appellant was not paid during the suspension and to reinstate, for the period of the suspension, the other benefits and allowances to which the appellant was entitled before the suspension.

2000, c. 12, s. 89.