D-6 - Municipal Officers Dismissal Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter D-6

Municipal Officers Dismissal Act

Repealed, 1982, c. 63, s. 187.

1982, c. 63, s. 187.

1. In this act, unless the context requires a different meaning:

(1)  The word “judge” means a judge of the Provincial Court;

(2)  The word “municipality” means a city incorporated under a general or special act, the population of which at the last federal census exceeded fifty thousand souls;

(3)  The words “municipal officer” mean the auditor (vérificateur) of a municipality within the meaning of this act.

R. S. 1964, c. 196, s. 1; 1965 (1st sess.), c. 17, s. 2; 1968, c. 17, s. 92.

2. No dismissal of a municipal officer may be ordered by the council of a municipality except in conformity with the provisions of this act.

R. S. 1964, c. 196, s. 2.

3. The council of the municipality may, by resolution, apply to the chief judge of the Provincial Court or to the senior associate chief judge of the Provincial Court residing within the limits of the appellate division which comprises the district in which the municipality is situated to designate a judge to inquire into the facts and allegations invoked, in the resolution, in support of the application for the dismissal of the municipal officer concerned.

R. S. 1964, c. 196, s. 3; 1965 (1st sess.), c. 17, s. 2; 1980, c. 11, s. 117.

4. No application of the council may be considered unless the resolution alleges the accusations, actions or facts, in a precise manner, which alone shall form the object of the inquiry.

R. S. 1964, c. 196, s. 4.

5. The chief judge of the Provincial Court or the senior associate chief judge of the Provincial Court as the case may be, on such application, shall designate a judge to hold such inquiry.

R. S. 1964, c. 196, s. 5; 1965 (1st sess.), c. 17, s. 2; 1980, c. 11, s. 117.

6. The judge designated in the order for the holding of the inquiry shall, after having given to the municipality and to the municipal officer concerned notice of the date on which he will proceed, inquire into the accusations, actions or facts alleged in the resolution.

The judge shall continue such inquiry from day to day with all convenient despatch and shall report to the council upon the results of the inquiry and upon the evidence taken therein.

R. S. 1964, c. 196, s. 6.

7. For the purposes of such inquiry, the judge shall have the powers of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), and particularly the provisions of the first paragraph of section 6, and sections 9, 10, 11, 12, 13, 16 and 17 of the said act shall apply, mutatismutandis, in the case of an inquiry held under this act.

The judge may appoint a clerk and employ one or more stenographers for the purposes of the inquiry.

R. S. 1964, c. 196, s. 7.

8. The judge shall forward his report, as well as the notes of evidence and the documents filed at the inquiry to the clerk of the municipal corporation concerned, to form part of the archives.

He shall also forward to the Minister of Municipal Affairs a copy of his report and of the notes of evidence.

R. S. 1964, c. 196, s. 8.

9. Upon receipt of the judge’s report the council of the municipality may, by the favourable vote of three-fourths of all the members of the council, order the dismissal of the municipal officer mentioned in the resolution contemplated by the foregoing section 3.

R. S. 1964, c. 196, s. 9.

10. All expenses incurred for the purposes of the inquiry provided for by this act, including the copy of the documents mentioned in the second paragraph of section 8, the summoning of witnesses, their taxation and the stenographic costs shall be borne by the municipality which applied for the inquiry.

R. S. 1964, c. 196, s. 10.

11. Any city municipality having a population at the last Federal census not exceeding fifty thousand souls, or any town municipality, may order that the provisions of this act shall apply to it, by means of a by-law approved by the Commission municipale du Québec and by the Government.

No such by-law may be amended or repealed except upon complying with the same formalities.

R. S. 1964, c. 196, s. 11; 1977, c. 5, s. 14.

12. Whenever, by a general law or special act or a charter governing a city or town corporation, a jurisdiction respecting the hiring, suspension or dismissal of any officer or employee of a city or town, including, amongst others, a director of services, a manager, is assigned to a commission or board, judge or court other than a judge of the Provincial Court, such jurisdiction shall be exercised exclusively by the chief judge of the Provincial Court or the senior associate chief judge of the Provincial Court, according to their respective administrative jurisdictions, or by a judge of the Provincial Court designated by the one or the other, as the case may be.

R. S. 1964, c. 196, s. 12; 1965 (1st sess.), c. 17, s. 2; 1968, c. 17, s. 93; 1980, c. 11, s. 117.

13. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

1982, c. 21, s. 1.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 196 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter D-6 of the Revised Statutes.