F-6 - Act respecting municipal bribery and corruption

Abrogée le 1^er janvier 1988

Ce document a valeur officielle.

chapter F-6

Act respecting municipal bribery and corruption

Repealed, 1987, c. 57, s. 800.

1987, c. 57, s. 800.

DIVISION I MUNICIPAL BRIBERY IN CITIES AND TOWNS

1. Every person who,—

(1)  Directly or indirectly, shall promise, offer, give or furnish, or cause or abet in causing to be promised, offered, given or furnished, in whole or in part, to any member of the council of any city or town municipality, or to any officer of such municipality, before or after he shall have been qualified and have taken his seat or entered upon his duty, any money, goods, right of action or other thing, or anything of value, or any pecuniary advantage, present or prospective, or a share in any contract or undertaking, with intent to influence his vote, opinion, judgment or action, on any question, matter, cause or proceeding which may then be pending or may by law be at any time brought before him in his official capacity; or

(2)  Shall accept any gift, promise or undertaking, under any understanding that his vote, opinion, judgment or action shall be influenced thereby in any question, matter, cause or proceeding then pending or which may by law be brought before him in his official capacity,—

Shall, upon conviction thereof before a competent court, be disqualified from holding any public office in the said council or under the control thereof, for five years.

R. S. 1964, c. 173, s. 1.

2. However, if the offender satisfies any condemnation of fine or imprisonment, or of the fine and imprisonment, that may have been passed upon him, the said disqualification shall be only for eighteen months, to be reckoned from the date of the judgment rendered in the first instance.

R. S. 1964, c. 173, s. 2.

DIVISION II MUNICIPAL AND CIVIC BRIBERY

3. Any member of a municipal council who, knowingly, during the existence of his mandate, has or had, directly or indirectly, by himself or his partner, any share or interest in any contract or employment, with, by or on behalf of the council, or who, knowingly, during the existence of his mandate, has or had, through himself or his partner or partners, any commission or interest, directly or indirectly, in or in connection with a contract, or who derives any interest in or from any contract with the corporation or council of which he is a member, shall, if legally convicted thereof under this division, be disqualified from holding any public office in the council or under the control thereof, for five years.

R. S. 1964, c. 173, s. 3.

4. Any member of a municipal council who, knowingly, during the existence of his mandate, has, directly or indirectly, through a partner or partners or through the agency of any other person, any interest, commission or percentage in a contract with the municipal council of which he is a member, or, knowingly, during the existence of his mandate, has derived any pecuniary remuneration from any contract for work performed or to be performed, shall, if convicted thereof under this division, be disqualified from holding any public office in the council or under the control thereof, for five years.

R. S. 1964, c. 173, s. 4.

5. Since 15 April 1939, the disqualification contemplated under sections 3 and 4 as well as the right of action shall be limited to the duration of the existing mandate, in all cases where the contracts, commissions or interests mentioned therein do not exceed $50 per annum.

R. S. 1964, c. 173, s. 5.

6. No suits contemplated under sections 3 and 4 may be instituted after five years from the expiration of the term of office during which the right of action originated.

R. S. 1964, c. 173, s. 6.

7. Sections 3 and 4 shall not apply to the shareholders in a bonafide incorporated company.

R. S. 1964, c. 173, s. 7.

8. No alderman or councillor shall hold any office or place of profit in the pay of the municipal corporation which he represents.

No alderman or councillor shall be appointed to any office in the gift of the municipal corporation while he holds office as such alderman or councillor; and no appointment of such alderman or councillor for such office shall be valid, until he shall have resigned the office of alderman or councillor and such resignation has been accepted.

R. S. 1964, c. 173, s. 8.

9. The council of any city or other municipality, by resolution thereof, or twenty electors of any city or other municipality, by petition to the judge or judges of the Superior Court, mentioned in section 10, in term or in vacation, may apply to such judge or judges to order an investigation to be made into any matter mentioned in the resolution or petition, and relating to a malfeasance, breach of trust or other misconduct on the part of one or more members or the council or officers of the municipality, or of any person or persons having a contract or contracts therewith, or, in case the council of any city or other municipality sees fit to cause inquiry to be made into or concerning any matter connected with the government of the city or other municipality, or the conduct of any part of the public business thereof; and if the council or the electors at any time petition the said judge or judges to order an inquiry, the judge or judges may order the holding of an inquiry by one of his or their colleagues whom he or they shall designate in the order.

The petition shall not be considered unless it states the accusations, actions or facts, in a precise manner, which alone shall form the object of the inquiry.

R. S. 1964, c. 173, s. 9; 1968, c. 51, s. 1.

10. The petition shall be submitted to the chief justice or senior associate chief justice of the Superior Court, residing within the limits of the appellate division which comprises the district in which is situated the municipality the council or electors whereof apply for the inquiry, or, in the event of the absence or incapacity to act of the chief justice or senior associate chief justice, as the case may be, to two judges of the Superior Court in the same appellate division.

R. S. 1964, c. 173, s. 10; 1973, c. 13, s. 15.

11. If such petition be presented by electors, they shall accompany the same by an affidavit of a credible ratepayer whose name appears upon the valuation roll as proprietor of immoveable property of at least $5 000 in value in cities, and of at least $1 000 in other municipalities, declaring that he has reason to believe that the allegations of the petition are true. The electors must, at the same time, deposit, with their petition, as security for costs, the sum of $200.

To determine the value of immoveable property, for the purposes of this section, the value entered on the assessment roll of the municipality is multiplied by the factor established for that roll by the Minister of Municipal Affairs under the Act respecting municipal taxation (chapter F-2.1).

R. S. 1964, c. 173, s. 11; 1968, c. 51, s. 2; 1979, c. 72, s. 334.

12. The judge designated in the order for the holding of the inquiry shall, after having given to the accused parties notice of the accusation and of the date on which he will proceed, inquire into the accusations, actions or facts alleged in the petition, and shall, for that purpose, have all the powers ordinarily exercised by the Superior Court or by one of the judges thereof.

The judge shall continue such inquiry from day to day, with all convenient despatch.

The judge, of his own initiative, at any time during his inquiry or in rendering judgment upon the inquiry, if he deems it necessary in the interest of the municipality, may order that it be placed under the control of the Commission municipale du Québec from a date which he determines; the provisions of Division VIII of the Act respecting the Commission municipale (chapter C-35) applicable to municipalities shall apply mutatis mutandis to the municipality from such date; the order shall be served forthwith upon the Commission municipale du Québec and upon the municipality; it shall be final and without appeal.

The judge, in rendering judgment upon the inquiry, shall designate the person or persons bound for the payment of the costs and, if occasion therefor, in what proportion, and shall order the payment thereof within the delay which he shall fix.

The amount of such costs shall be determined by the judge himself either immediately or subsequently, and such costs shall be those provided for by the tariff mentioned in section 23.

R. S. 1964, c. 173, s. 12; 1968, c. 51, s. 3; 1977, c. 5, s. 14.

13. The judge may condemn any person to reimburse the municipality, or any party entitled thereto, the expenses incurred and the losses sustained in consequence of the acts of such person.

He may also declare any person to have forfeited his office and to be disqualified from exercising any municipal office during the period determined in the judgment.

The judgment shall be executory in the same manner as an ordinary judgment in the Superior Court.

R. S. 1964, c. 173, s. 13.

14. Whosoever deems himself wronged by the judgment may appeal therefrom, to the Court of Appeal, within fifteen days after the registration of such judgment by the prothonotary. The appeal may relate either to the facts or to the law. It shall be heard, with all reasonable diligence, by three judges of the Court of Appeal designated by the Chief Justice of that Court.

Subject to the following provisions, articles 492 to 523 of the Code of Civil Procedure shall apply to such appeals in the same manner as in the case of an appeal from a final judgment of the Superior Court.

The security shall be $1 000; it shall be received by a judge of the Superior Court or by the prothonotary, in the district where the judgment was registered.

The appellant shall not be obliged to file a joint record but he must, within the fifteen days following the transmission of the record of the inquiry by the prothonotary to the office of the Court of Appeal, file thereat six copies of the petition contemplated in section 9 and six copies of the judgment. If there be more than one appeal, such record and such copies of petition and judgment shall avail for the purposes of all the appeals and the Court, in its discretion, may join all or some of them for hearing.

The factums of the parties must be typewritten or multigraphed and it shall suffice to file eight copies thereof in each case.

R. S. 1964, c. 173, s. 14 (part); 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2.

15. The holding of the inquiry and the rendering of judgment therein shall be deemed to form part of the judicial functions of the judge and he shall not receive any additional remuneration therefor.

R. S. 1964, c. 173, s. 15.

16. The judge may, by a summons under his hand, require the attendance before him, at a place and time therein specified, of any person whose evidence may be material to the subject of inquiry, and may order any person to bring before him such books, papers, deeds and writings as appear necessary for arriving at the truth.

Every such person shall attend and answer all questions put to him by the judge touching the matter to be inquired into, and shall produce, before the judge, all books, papers, cheques, promissory notes, deeds and writings required of him, and in his custody or control, according to the tenor of the summons.

The judge may require the usual oath or affirmation from every person examined before him, and may administer the same.

R. S. 1964, c. 173, s. 16.

17. Any person on whom any summons has been served, in person or by leaving a copy thereof at his usual residence, who fails to appear before the judge at the time and place specified therein, may be proceeded against by the judge in the same manner as if he had failed to obey any lawful subpoena or process of the Superior Court.

R. S. 1964, c. 173, s. 17.

18. The judge may, of his own accord or upon the application of any elector, deliver to any party interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or, in the case of a corporation, any of the officers of such corporation, within three days, to answer the questions in writing by sworn affidavit in the ordinary way.

R. S. 1964, c. 173, s. 18.

19. The judge may inquire into subsequent transactions of the parties, if necessary, to ascertain if any remuneration was paid to any such alderman, councillor or public official, subsequent to the service rendered.

The judge may, at his own discretion or at the request of other parties, examine any person or any officer of a corporation accused of having bribed any of the functionaries mentioned in this division, and may compel such parties to disclose what consideration was paid, or promised to be paid, whether it consisted of stock or shares at a rate lower than the market price, with promise of redemption at a higher price, or of a commission on the amount of contract obtained, or of a percentage on the amount of work done and materials furnished, or of a specific sum of money, or any other consideration whatever.

The judge may, generally, ascertain how any such reward or remuneration was or is to be paid, examine any party to a transfer of stock or securities of any kind, who is mentioned as the holder in trust of the proceeds of any bribery transaction, and compel such persons or officers to disclose what they know about the transaction, and to produce any books supposed to contain a record or mention of the transaction in question.

R. S. 1964, c. 173, s. 19.

20. No alderman, councillor or employee of any municipality shall be exempted from testifying on the ground that he is no longer an alderman, councillor or employee.

He may also be compelled to disclose any remuneration or reward whatsoever received or which he hopes to receive on account of services by him rendered in his official capacity, before or since the transaction in question was accomplished.

R. S. 1964, c. 173, s. 20.

21. Any person failing or refusing, without just cause, to satisfactorily answer all questions as to which a discovery may be sought, within the time mentioned in section 18 or such extended time as the judge may allow, or to render any testimony in virtue of this act, shall be deemed to be in contempt, and punished accordingly; but no answer given by any person so heard as a witness may be alleged against him in any prosecution under this division or any other act of the Legislature, if the judge has given him a certificate establishing that he has claimed the right to be excused from answering, for the reason above given, and has given full and truthful answers, to the satisfaction of the judge.

R. S. 1964, c. 173, s. 21.

22. Any person accused before a judge under the provisions of this division shall be heard personally or by attorney, and may make his defence and produce his witnesses.

R. S. 1964, c. 173, s. 22.

23. The Government may make a tariff for the fees of the advocates of the parties to the inquiry and also for and upon all proceedings and matters pertaining to the said inquiry or incident thereto.

In default of such tariff, that of the advocates and that of the Superior Court in force for first class actions before said Court shall apply mutatismutandis.

R. S. 1964, c. 173, s. 23.

24. The judgment upon the inquiry shall be registered by the prothonotary of the Superior Court and the complete record shall be filed among the archives of the said Superior Court to form part thereof.

R. S. 1964, c. 173, s. 24.

25. Every suit instituted under the provisions of this act shall be instituted by penal action before the Superior Court, and must be heard and decided by preference in conformity with the Code of Civil Procedure.

This suit may be instituted only by an elector of the municipality concerned or by the Attorney General.

A deposit of $100, to guarantee the costs, must be made in every such suit by penal action, at the same time as the deposit of the writ of summons in the office of the court; during the suit, upon motion to that effect, the deposit may be increased at the discretion of the court.

These provisions shall not affect the deposit exigible under section 11.

R. S. 1964, c. 173, s. 25; 1965 (1st sess.), c. 80, a. 1; 1980, c. 16, s. 82.

26. Every person who has paid any money, commission, fee or reward to any member of a municipal council for services performed or to be performed by such member of the municipal council, in his official capacity, whether it be service rendered by himself, directly or indirectly, or through a third party, and for the prosecution of any business before the council or before any committee thereof, may recover the same, at any time, by suit, in any court of competent jurisdiction.

R. S. 1964, c. 173, s. 26.

27. For the purposes of this act,

(1)  “member of a municipal council” means, in addition to its ordinary meaning, a county delegate or a member of the council of an urban or regional community;

(2)  “city”, “town”, “municipality” and “corporation” mean, in addition to their ordinary meaning, a board of county delegates or an urban or regional community;

(3)  “elector” and “ratepayer”, where this act applies to a board of county delegates or an urban or regional community, mean an elector or a ratepayer of a municipality represented on the board of county delegates or forming part of the community.

R. S. 1964, c. 173, s. 27; 1980, c. 16, s. 83.

28. The provisions of this division shall not affect any recourse which may exist under any other act or under the common law.

R. S. 1964, c. 173, s. 28.

29. Every person declared, under the authority of this act, disqualified from holding or carrying on a municipal office, whether it concerns an office in a municipal council or an office under its control, shall thereby and plenojure be discharged from any municipal office which he holds or carries on in another municipality and, for the period of disqualification determined by the judgment, shall be disqualified from holding or carrying on any office in the council or under the control of the council of any other municipality.

R. S. 1964, c. 173, s. 29.

DIVISION III

This Division ceased to have effect on 17 April 1987.

30. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 173 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter F-6 of the Revised Statutes.