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C-19 - Cities and Towns Act

Section 604.6
Disposition versions

Full text
604.6. A municipality shall
(1)  assume the defence of a person whose election as member of the council of a municipality is contested or who is the defendant or respondent in judicial proceedings brought before a court by reason of the person’s alleged disqualification for office as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;
(2)  assume the defence or the representation, as the case may be, of a person who is the defendant, respondent or accused, or the person impleaded in judicial proceedings brought before a court by reason of the person’s alleged act or omission in the performance of his duties as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;
(3)  assume the defence of a member of the council against whom an application has been brought under section 312.1 of the Act respecting elections and referendums in municipalities (chapter E-2.2);
(4)  offer assistance to a person who is summoned to appear at an inquiry or a pre-inquiry in connection with his functions as a member of the council or as an officer or employee of the municipality or of a mandatary body of the municipality.
Where the person assumes, himself or through an attorney of his choice, the defence or representation or where he obtains assistance from the attorney of his choice, the municipality shall pay any reasonable costs incurred therefor. However, the municipality may, with the consent of the person, reimburse such costs to him instead of paying them.
The costs incurred under the second paragraph shall be proportional to the nature and complexity of the judicial proceedings concerned.
The municipality is exempt from the obligations set out in the first two paragraphs, in a particular case, if the person renounces in writing, in respect of that case, the application of those provisions. The municipality is also exempt from those obligations in the case of criminal proceedings, unless the proceedings are withdrawn or dismissed or the person is acquitted by a judgment that has become final.
For the purposes of this division,
(1)  “mandatary body” means any body declared by law to be the mandatary or agent of the municipality and any body whose council is composed of a majority of members of the council of the municipality, whose budget is adopted by the municipality or more than half of the financing of which is assumed by the municipality;
(2)  “court” means, in addition to its ordinary meaning, a coroner, a fire investigation commissioner, an inquiry commission or a person or body exercising quasi-judicial functions.
1996, c. 27, s. 40; 2013, c. 3, s. 2; I.N. 2016-01-01 (NCCP); 2021, c. 31, s. 66; 2024, c. 24, s. 45.
604.6. A municipality shall
(1)  assume the defence of a person whose election as member of the council of a municipality is contested or who is the defendant or respondent in judicial proceedings brought before a court by reason of the person’s alleged disqualification for office as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;
(2)  assume the defence or the representation, as the case may be, of a person who is the defendant, respondent or accused, or the person impleaded in judicial proceedings brought before a court by reason of the person’s alleged act or omission in the performance of his duties as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;
(3)  assume the defence of a member of the council against whom an application has been brought under section 312.1 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
Where the person assumes, himself or through an attorney of his choice, the defence or representation, the municipality shall pay any reasonable costs incurred therefor. However, the municipality may, with the consent of the person, reimburse such costs to him instead of paying them.
The costs incurred under the second paragraph shall be proportional to the nature and complexity of the judicial proceedings concerned.
The municipality is exempt from the obligations set out in the first two paragraphs, in a particular case, if the person renounces in writing, in respect of that case, the application of those provisions. The municipality is also exempt from those obligations in the case of criminal proceedings, unless the proceedings are withdrawn or dismissed or the person is acquitted by a judgment that has become final.
For the purposes of this division,
(1)  “mandatary body” means any body declared by law to be the mandatary or agent of the municipality and any body whose council is composed of a majority of members of the council of the municipality, whose budget is adopted by the municipality or more than half of the financing of which is assumed by the municipality;
(2)  “court” means, in addition to its ordinary meaning, a coroner, a fire investigation commissioner, an inquiry commission or a person or body exercising quasi-judicial functions.
1996, c. 27, s. 40; 2013, c. 3, s. 2; I.N. 2016-01-01 (NCCP); 2021, c. 31, s. 66.
604.6. A municipality shall
(1)  assume the defence of a person whose election as member of the council of a municipality is contested or who is the defendant or respondent in judicial proceedings brought before a court by reason of the person’s alleged disqualification for office as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;
(2)  assume the defence or the representation, as the case may be, of a person who is the defendant, respondent or accused, or the person impleaded in judicial proceedings brought before a court by reason of the person’s alleged act or omission in the performance of his duties as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;
(3)  assume the defence of a member of the council against whom an application has been brought under section 312.1 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
Where the person assumes, himself or through an attorney of his choice, the defence or representation, the municipality shall pay any reasonable costs incurred therefor. However, the municipality may, with the consent of the person, reimburse such costs to him instead of paying them.
The municipality is exempt from the obligations set out in the first two paragraphs, in a particular case, if the person renounces in writing, in respect of that case, the application of those provisions.
For the purposes of this division,
(1)  “mandatary body” means any body declared by law to be the mandatary or agent of the municipality and any body whose council is composed of a majority of members of the council of the municipality, whose budget is adopted by the municipality or more than half of the financing of which is assumed by the municipality;
(2)  “court” means, in addition to its ordinary meaning, a coroner, a fire investigation commissioner, an inquiry commission or a person or body exercising quasi-judicial functions.
1996, c. 27, s. 40; 2013, c. 3, s. 2; I.N. 2016-01-01 (NCCP).
604.6. A municipality shall
(1)  assume the defence of a person whose election as member of the council of a municipality is contested or who is the defendant or respondent in judicial proceedings brought before a court by reason of the person’s alleged disqualification for office as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;
(2)  assume the defence or the representation, as the case may be, of a person who is the defendant, respondent or accused, or the person impleaded in judicial proceedings brought before a court by reason of the person’s alleged act or omission in the performance of his duties as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;
(3)  assume the defence of a member of the council against whom a motion has been brought under section 312.1 of the Act respecting elections and referendums in municipalities (chapter E-2.2).
Where the person assumes, himself or through an attorney of his choice, the defence or representation, the municipality shall pay any reasonable costs incurred therefor. However, the municipality may, with the consent of the person, reimburse such costs to him instead of paying them.
The municipality is exempt from the obligations set out in the first two paragraphs, in a particular case, if the person renounces in writing, in respect of that case, the application of those provisions.
For the purposes of this division,
(1)  “mandatary body” means any body declared by law to be the mandatary or agent of the municipality and any body whose council is composed of a majority of members of the council of the municipality, whose budget is adopted by the municipality or more than half of the financing of which is assumed by the municipality;
(2)  “court” means, in addition to its ordinary meaning, a coroner, a fire investigation commissioner, an inquiry commission or a person or body exercising quasi-judicial functions.
1996, c. 27, s. 40; 2013, c. 3, s. 2.
604.6. A municipality shall
(1)  assume the defence of a person whose election as member of the council of a municipality is contested or who is the defendant or respondent in judicial proceedings brought before a court by reason of the person’s alleged disqualification for office as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality;
(2)  assume the defence or the representation, as the case may be, of a person who is the defendant, respondent or accused, or the person impleaded in judicial proceedings brought before a court by reason of the person’s alleged act or omission in the performance of his duties as a member of the council or as an officer or employee of the municipality or a mandatary body of the municipality.
Where the person assumes, himself or through an attorney of his choice, the defence or representation, the municipality shall pay any reasonable costs incurred therefor. However, the municipality may, with the consent of the person, reimburse such costs to him instead of paying them.
The municipality is exempt from the obligations set out in the first two paragraphs, in a particular case, if the person renounces in writing, in respect of that case, the application of those provisions.
For the purposes of this division,
(1)  “mandatary body” means any body declared by law to be the mandatary or agent of the municipality and any body whose council is composed of a majority of members of the council of the municipality, whose budget is adopted by the municipality or more than half of the financing of which is assumed by the municipality;
(2)  “court” means, in addition to its ordinary meaning, a coroner, a fire investigation commissioner, an inquiry commission or a person or body exercising quasi-judicial functions.
1996, c. 27, s. 40.
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