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P-42.1.1 - Act to protect elected municipal officers and to facilitate the unhindered exercise of their functions
Section 3
Disposition versions
3. An elected municipal officer who, due to being an elected officer, is the subject of comments and actions that abusively hinder the exercise of their functions or that constitute an unlawful infringement of their privacy, may apply to the Superior Court for an injunction to put an end to the situation.
The Court assesses the application taking into account the public interest. It may, in particular, order a person
(1) to not attend the sittings of any council of a municipal body of which the elected officer is a member;
(2) to not be in the offices of any municipal body referred to in subparagraph 1 without having been authorized to do so by the council of that body;
(3) to cease communicating with the elected officer; or
(4) to cease disseminating in the public sphere comments referred to in the first paragraph.
An application is heard and decided on an urgent basis.
For the purposes of the first paragraph, expressing an opinion, by any means, in a manner that is in keeping with the democratic values of Québec does not constitute a hindrance.
