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P-13 - Police Act

Section 79
Disposition versions

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79. Notwithstanding any provision of any general law or special Act inconsistent herewith, the council of a municipality contemplated in section 64 may not dismiss the chief of its police force or reduce his salary, whatever be the terms of his engagement, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
Nor may the council of any such municipality, notwithstanding any provision of any general law or special Act inconsistent herewith, dismiss any other member of its police force who is not an employee within the meaning of the Labour Code (chapter C-27) and who, between 2 May 1969 and 1 July 1969, has been in the service of the municipality for at least 24 months or who, from such latter date, has been in its service for at least six months, or reduce his salary, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
The resolution shall be served upon the person concerned in the same manner as a summons under the Code of Civil Procedure (chapter C-25); the person may, however, appeal from the decision in accordance with Division VII.1.
Appeal must be brought within the 30 days following service of the decision of the council of the municipality.
If such a resolution contemplates the dismissal of a person, it shall entail suspension without salary of the person concerned, until the dismissal takes effect in accordance with the following paragraph.
The dismissal or reduction of salary provided for in resolution contemplated in this section has effect only:
(a)  from the time when the person concerned acquiesces therein;
(b)  from the expiry of the time for appeal if no appeal has been brought; or
(c)  from the time when judgment on the appeal is rendered.
If the decision of the council of the municipality is quashed by the judges, they may also order the municipality to pay to the appellant a sum of money which they determine as an indemnity for the expenses he has incurred for such appeal; they may also, if the resolution contemplated the dismissal of the appellant, order the municipality to pay to him all or part of the salary he did not receive during his suspension and the judges shall fix the amount of such salary, and to re-establish for such period the other benefits and allowances which the appellant received before the suspension.
1968, c. 17, s. 63; 1969, c. 22, s. 16; 1970, c. 12, s. 15; 1971, c. 16, s. 6; 1979, c. 67, s. 32, s. 47; 1988, c. 21, s. 66; 1988, c. 75, s. 233; 1999, c. 40, s. 213.
79. Notwithstanding any provision of any general law or special Act inconsistent herewith, the council of a municipality contemplated in section 64 may not dismiss the chief of its police force or reduce his salary, whatever be the terms of his engagement, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
Nor may the council of any such municipality, notwithstanding any provision of any general law or special Act inconsistent herewith, dismiss any other member of its police force who is not an employee within the meaning of the Labour Code (chapter C-27) and who, between 2 May 1969 and 1 July 1969, has been in the service of the municipality for at least 24 months or who, from such latter date, has been in its service for at least six months, or reduce his salary, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
The resolution shall be served upon the person concerned in the same manner as a summons under the Code of Civil Procedure (chapter C-25); the person may, however, appeal from the decision in accordance with Division VII.1.
Appeal must be brought within the 30 days following service of the decision of the council of the municipality.
If such a resolution contemplates the dismissal of a person, it shall entail suspension without salary of the person concerned, until the dismissal takes effect in accordance with the following paragraph.
The dismissal or reduction of salary provided for in resolution contemplated in this section has effect only:
(a)  from the time when the person concerned acquiesces therein;
(b)  from the expiry of the delay for appeal if no appeal has been brought; or
(c)  from the time when judgment on the appeal is rendered.
If the decision of the council of the municipality is quashed by the judges, they may also order the municipality to pay to the appellant a sum of money which they determine as an indemnity for the expenses he has incurred for such appeal; they may also, if the resolution contemplated the dismissal of the appellant, order the municipality to pay to him all or part of the salary he did not receive during his suspension and the judges shall fix the amount of such salary, and to re-establish for such period the other benefits and allowances which the appellant received before the suspension.
1968, c. 17, s. 63; 1969, c. 22, s. 16; 1970, c. 12, s. 15; 1971, c. 16, s. 6; 1979, c. 67, s. 32, s. 47; 1988, c. 21, s. 66; 1988, c. 75, s. 233.
79. Notwithstanding any provision of any general law or special Act inconsistent herewith, the council of a municipality contemplated in section 64 may not dismiss the chief of its police force or reduce his salary, whatever be the terms of his engagement, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
Nor may the council of any such municipality, notwithstanding any provision of any general law or special Act inconsistent herewith, dismiss any other member of its police force who is not an employee within the meaning of the Labour Code and who, between 2 May 1969 and 1 July 1969, has been in the service of the municipality for at least twenty-four months or who, from such latter date, has been in its service for at least six months, or reduce his salary, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
Such resolution shall be served upon the person concerned in the same manner as a summons under the Code of Civil Procedure; such person may, however, appeal from the decision to the Commission, if
(a)  the municipality has acted in the absence of a recommendation of the Commission;
(b)  new facts have occurred since the recommendation of the Commission.
Notwithstanding the third paragraph, if the resolution of the municipality is the result of a recommendation of the Commission, the appeal must be brought in accordance with the rules of Division VII.1.
Appeal must be brought within the thirty days following service of the decision of the council of the municipality.
If such a resolution contemplates the dismissal of a person, it shall entail suspension without salary of the person concerned, until the dismissal takes effect in accordance with the following paragraph.
The dismissal or reduction of salary provided for in resolution contemplated in this section has effect only:
(a)  from the time when the person concerned acquiesces therein;
(b)  from the expiry of the delay for appeal if no appeal has been brought; or
(c)  from the time when judgment on the appeal is rendered.
If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines as an indemnity for the expenses he has incurred for such appeal; it may also, if the resolution contemplated the dismissal of the person concerned, order the municipality to pay to such person all or part of the salary which he has not received during his suspension and the Commission shall fix the amount of such salary and order the municipality to re-establish for such period the other benefits and allowances which the person received before the suspension.
The order for such purposes shall be homologated on the motion of the appellant by the Court of Québec or, if the amount involved is $3 000 or more, by the Superior Court; the appellant may afterwards execute the judgment against the municipality.
1968, c. 17, s. 63; 1969, c. 22, s. 16; 1970, c. 12, s. 15; 1971, c. 16, s. 6; 1979, c. 67, s. 32, s. 47; 1988, c. 21, s. 66.
79. Notwithstanding any provision of any general law or special act inconsistent herewith, the council of a municipality contemplated in section 64 may not dismiss the chief of its police force or reduce his salary, whatever be the terms of his engagement, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
Nor may the council of any such municipality, notwithstanding any provision of any general law or special act inconsistent herewith, dismiss any other member of its police force who is not an employee within the meaning of the Labour Code and who, between 2 May 1969 and 1 July 1969, has been in the service of the municipality for at least twenty-four months or who, from such latter date, has been in its service for at least six months, or reduce his salary, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
Such resolution shall be served upon the person concerned in the same manner as a summons under the Code of Civil Procedure; such person may, however, appeal from the decision to the Commission , if
(a)  the municipality has acted in the absence of a recommendation of the Commission;
(b)  new facts have occurred since the recommendation of the Commission.
Notwithstanding the third paragraph, if the resolution of the municipality is the result of a recommendation of the Commission, the appeal must be brought in accordance with the rules of Division VII.1.
Appeal must be brought within the thirty days following service of the decision of the council of the municipality.
If such a resolution contemplates the dismissal of a person, it shall entail suspension without salary of the person concerned, until the dismissal takes effect in accordance with the following paragraph.
The dismissal or reduction of salary provided for in resolution contemplated in this section has effect only:
(a)  from the time when the person concerned acquiesces therein;
(b)  from the expiry of the delay for appeal if no appeal has been brought; or
(c)  from the time when judgment on the appeal is rendered.
If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines as an indemnity for the expenses he has incurred for such appeal; it may also, if the resolution contemplated the dismissal of the person concerned, order the municipality to pay to such person all or part of the salary which he has not received during his suspension and the Commission shall fix the amount of such salary and order the municipality to re-establish for such period the other benefits and allowances which the person received before the suspension.
The order for such purposes shall be homologated on the motion of the appellant by the Provincial Court or, if the amount involved is $3 000 or more, by the Superior Court; the appellant may afterwards execute the judgment against the municipality.
1968, c. 17, s. 63; 1969, c. 22, s. 16; 1970, c. 12, s. 15; 1971, c. 16, s. 6; 1979, c. 67, s. 32, s. 47.
79. Notwithstanding any provision of any general law or special act inconsistent herewith, the council of a municipality contemplated in section 64 may not dismiss the director or chief of its police force or reduce his salary, whatever be the terms of his engagement, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
Nor may the council of any such municipality, notwithstanding any provision of any general law or special act inconsistent herewith, dismiss any other member of its police force who is not an employee within the meaning of the Labour Code and who, between the 2nd of May 1969 and the 1st of July 1969, has been in the service of the municipality for at least twenty-four months or who, from such latter date, has been in its service for at least six months, or reduce his salary, except by a resolution adopted by the affirmative vote of at least the absolute majority of its members.
The resolution contemplated in the first or the second paragraph must be served upon the person concerned by handing a copy thereof to him in person; such person may, however, appeal from such a decision to the Commission which shall decide finally, after inquiry.
Such appeal must be brought within fifteen days after the time when the decision of the council has been served.
If such a resolution contemplates the dismissal of a person, it shall entail suspension without salary of the person concerned, until the dismissal takes effect in accordance with the following paragraph.
The dismissal or reduction of salary provided for in a resolution contemplated in this section shall have effect only:
(a)  from the time when the person concerned acquiesces therein,
(b)  from the expiry of the delay for appeal when an appeal has not been made to the Commission, or
(c)  from the time when the Commission approves the resolution.
If the appeal is upheld, the Commission may also order the municipality to pay to the appellant a sum of money which it determines as an indemnity for the expenses he has incurred for such appeal; it may also, if the resolution contemplated the dismissal of the person concerned, order the municipality to pay to such person all or part of the salary which he has not received during his suspension and the Commission shall fix the amount of such salary and order the municipality to re-establish for such period the other benefits and allowances which the person received before the suspension.
The order for such purposes shall be homologated on the motion of the appellant by the Provincial Court or, if the amount involved is three thousand dollars or more, by the Superior Court; the appellant may afterwards execute the judgment against the municipality.
1968, c. 17, s. 63; 1969, c. 22, s. 16; 1970, c. 12, s. 15; 1971, c. 16, s. 6.
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