t-11.001 - Act respecting the remuneration of elected municipal officers

À jour au 16 décembre 2005

Ce document a valeur officielle.

chapter T-11.001

Act respecting the remuneration of elected municipal officers

CHAPTER I SCOPE

1. This Act applies to all municipalities except northern village, Cree or Naskapi village municipalities or any municipality whose council, according to the Act establishing or governing it, is not composed of persons elected by its citizens.

1988, c. 30, s. 1; 1996, c. 2, s. 962; 1996, c. 27, s. 151.

CHAPTER II REMUNERATION AND EXPENSE ALLOWANCE

DIVISION I REMUNERATION FIXED BY THE MUNICIPALITY

2. The council of a municipality may, by by-law, fix the remuneration of its mayor or warden and of its other members.

Such remuneration may include, in addition to the basic remuneration, additional remuneration for any special position specified by the council among those listed in the third paragraph and held by one of its members within the municipality, or within a mandatary body of the municipality, other than a housing bureau, or within a supramunicipal body which pays no remuneration to its members. The by-law may prescribe under what conditions a member holding such a position is entitled to additional remuneration.

The special positions that may give rise to additional remuneration are

(1)  acting mayor;

(2)  acting warden;

(3)  chairman of the council;

(4)  chairman, vice-chairman, interim chairman and member and associate councillor of the executive committee;

(5)  chairman, vice-chairman and member of the administrative committee;

(6)  member of the board of delegates; and

(7)  chairman, vice-chairman and member of a commission or of any committee other than the executive or administrative committee.

In no case may the sum of the basic remuneration and any additional remuneration of a member of a council other than the mayor or warden be greater than 90% of the sum of the basic remuneration and any additional remuneration of the mayor or warden.

A by-law affecting the remuneration of the mayor or the warden may be adopted only if the vote of the mayor or warden in favour of the by-law is included in the majority of votes cast in its favour.

The by-law may have retroactive effect from 1 January of the year in which it comes into force.

For the purposes of this Act,

(1)  “mandatary body of the municipality” means any body declared by law to be a mandatary or agent of the municipality and any body the majority of the members of the board of directors of which are members of the council of the municipality and whose budget is adopted by the council of the municipality;

(2)  “supramunicipal body” means a supramunicipal body within the meaning of sections 18 and 19 of the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

1988, c. 30, s. 2; 1988, c. 85, s. 100; 1996, c. 27, s. 152; 2002, c. 37, s. 258.

2.1. For the holder of a position listed in section 2 held within a regional county municipality, remuneration or additional remuneration may be attached to a class of functions in the regional county municipality. A class of functions is the set of functions for the exercise of which a given group of council members is empowered to deliberate and vote.

In the case provided for in the first paragraph, the council member shall receive the remuneration or additional remuneration attached to the class of functions for which the member is empowered to deliberate and vote.

1996, c. 27, s. 153.

2.2. In the case provided for in section 2.1, the establishment of additional remuneration attached to a class of functions is deemed to form part of the exercise of the functions for the purpose of determining the persons who are empowered to deliberate and vote on the matter.

Only the remuneration and additional remuneration in respect of which the same council members are empowered to deliberate and vote may be established in the same by-law.

1996, c. 27, s. 153.

2.3. In the case provided for in section 2.1, the expenditures of the regional county municipality resulting from the payment of remuneration or additional remuneration attached to a class of functions are deemed to form part of the expenditures resulting from the exercise of the functions, for the purpose of determining who is to provide the financing therefor.

1996, c. 27, s. 153.

3. The remuneration may either be fixed on an annual, monthly or weekly basis or be fixed on the basis of the attendance of the member at sittings of the council, of another organ of the municipality, of a mandatary body thereof or of a supramunicipal body in which he holds the position entitling him to such remuneration, or be a combination of both methods of remuneration.

1988, c. 30, s. 3; 1996, c. 27, s. 154.

4. In no case may the remuneration be less than the minimum applicable to the municipality under sections 12 to 16 or greater than the maximum applicable to it under section 21.

Notwithstanding the foregoing, the remuneration fixed by the council of a municipality having less than 500 inhabitants may be less than the minimum applicable to it but shall be equal to or greater than $1,470 annually for the mayor and $490 annually for a councillor.

1988, c. 30, s. 4.

5. The by-law may provide for the upward adjustment of the remuneration, where applicable, for each fiscal year from the year commencing after its coming into force.

1988, c. 30, s. 5; 1996, c. 27, s. 155; 1997, c. 93, s. 146.

6. The by-law may prescribe that where the period during which the acting mayor or acting warden replaces the mayor or warden reaches a number of days specified in the by-law, the municipality shall pay to him such additional remuneration as is required for him to receive, from that time until the end of the replacement period, a sum equal to the remuneration of the mayor or warden during the same period.

1988, c. 30, s. 6; 1996, c. 27, s. 156.

7. The adoption of the by-law shall take place during a regular sitting of the council and shall be preceded by the tabling of a draft by-law and the publication of a public notice in accordance with sections 8 and 9.

1988, c. 30, s. 7.

8. The draft by-law shall be tabled at a sitting of the council by the member giving the notice of motion or, as the case may be, by the executive committee.

It shall include the following particulars:

(1)  (subparagraph repealed);

(2)  the proposed remuneration;

(3)  the fact that the proposed remuneration will be adjusted for each fiscal year in accordance with section 5, where applicable;

(4)  the fact that the by-law will have retroactive effect pursuant to the sixth paragraph of section 2, where applicable;

(5)  particulars relating to the application of section 6, where applicable.

The draft by-law shall, where applicable, differentiate the basic remuneration and any additional remuneration and shall indicate the special position for which additional remuneration is proposed.

The notice of motion may not be replaced as provided for in the fourth paragraph of article 445 of the Municipal Code of Québec (chapter C-27.1).

1988, c. 30, s. 8; 1996, c. 27, s. 157.

9. After the tabling of the draft by-law, the clerk or secretary-treasurer shall, in accordance with the Act governing the municipality, give a public notice containing a summary of the draft by-law and the particulars prescribed in section 8 and setting forth the date, time and place of the sitting at which the by-law is to be adopted, the basic remuneration or additional remuneration whose amendment is proposed and, where a council member’s expense allowance would change as a result of a change in his remuneration, his current and projected allowances.

The notice shall be published not later than 21 days before the sitting.

In addition to being posted, the notice given by the secretary-treasurer of a regional county municipality shall be published in a newspaper circulating in its territory, within the same time limit.

1988, c. 30, s. 9; 1996, c. 27, s. 158.

10. Any contravention of any of sections 7 to 9 entails the nullity of the by-law.

1988, c. 30, s. 10.

11. The mayor of a municipality in which a remuneration by-law is in force shall include in his annual report on the financial position of the municipality a list showing the remuneration and expense allowance each member of the council receives from the municipality, a mandatary body of the municipality or a supramunicipal body.

The mayor shall, where applicable, differentiate the basic remuneration and any additional remuneration and shall indicate the special position for which additional remuneration is paid.

1988, c. 30, s. 11; 1996, c. 2, s. 963; 1996, c. 27, s. 159; 2001, c. 25, s. 188.

DIVISION II MINIMUM AND SUPPLETIVE REMUNERATION

12. The minimum annual remuneration a mayor is entitled to receive is based on the number of inhabitants of the territory of the municipality included in the following population brackets:

(1)  1 to 5,000 inhabitants;

(2)  5,001 to 15,000 inhabitants;

(3)  15,001 to 50,000 inhabitants;

(4)  50,001 to 100,000 inhabitants;

(5)  100,001 to 300,000 inhabitants; and

(6)  300,001 inhabitants or more.

An amount is attributed in respect of every inhabitant included in a population bracket. The amount applicable for each bracket is established in accordance with Division VI.

1988, c. 30, s. 12; 1997, c. 93, s. 147; 2004, c. 20, s. 199; 2005, c. 28, s. 135.

For the fiscal year 2015, the amounts referred to in this section are as follows in respect of every inhabitant included in the population brackets mentioned below:

(1) as regards the bracket from 1 to 5,000 inhabitants, $1.199;

(2) as regards the bracket from 5,001 to 15,000 inhabitants, $1.076;

(3) as regards the bracket from 15,001 to 50,000 inhabitants, $0.662;

(4) as regards the bracket from 50,001 to 100,000 inhabitants, $0.286;

(5) as regards the bracket from 100,001 to 300,000 inhabitants, $0.111;

(6) as regards the bracket exceeding 300,000 inhabitants, $0.005.

See Notice of indexing dated 2 December 2014; (2015) 147 G.O. 1, 5.

13. For the purposes of section 12, the population figure of the municipality is increased, where applicable, by adding to it the product obtained by multiplying the number of vacation dwellings situated in the territory of the municipality and used intermittently for recreation purposes, by 1.25.

The number of vacation dwellings is determined and recorded by the clerk or secretary-treasurer of the municipality.

Notwithstanding the first paragraph, any amount by which the minimum annual remuneration of the mayor exceeds the amount that would be computed on the basis of the population figure before the increase is limited to the amount established in accordance with Division VI.

1988, c. 30, s. 13; 1997, c. 93, s. 148; 2004, c. 20, s. 200; 2005, c. 28, s. 136.

For the fiscal year 2015, the maximum excess amount referred to in the third paragraph of this section is $2,583.

See Notice of indexing dated 2 December 2014; (2015) 147 G.O. 1, 5.

14. The excess amount referred to in section 20 shall be added to the amount established in accordance with sections 12 and 13 to determine the minimum annual remuneration to be received by a mayor.

1988, c. 30, s. 14; 1996, c. 27, s. 160.

15. The minimum annual remuneration which a councillor is entitled to receive is equal to one-third of the minimum annual remuneration which the mayor is entitled to receive under sections 12 and 13.

1988, c. 30, s. 15.

16. Notwithstanding sections 12, 13 and 15, the annual remuneration which the mayor and a councillor are entitled to receive shall not be less than the amount established in respect of each of them in accordance with Division VI.

The annual remuneration which the warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9) is entitled to receive shall not be less than the amount established in accordance with Division VI.

1988, c. 30, s. 16; 1997, c. 93, s. 149; 2001, c. 25, s. 189; 2004, c. 20, s. 201; 2005, c. 28, s. 137.

For the fiscal year 2015, the minimum amounts referred to in the first paragraph of this section are $3,376 as regards the annual remuneration of the mayor and $1,125 as regards that of a councillor.

For the fiscal year 2015, the minimum amount referred to in the second paragraph of this section is $37,248 as regards the annual remuneration of a warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization.

See Notice of indexing dated 2 December 2014; (2015) 147 G.O. 1, 5.

17. Unless it is fixed in a by-law in force adopted under section 2, the basic remuneration of the members of the council of a municipality is equal to the minimum annual remuneration applicable to them under sections 12 to 16.

1988, c. 30, s. 17.

18. (Repealed).

1988, c. 30, s. 18; 1996, c. 2, s. 964; 1996, c. 27, s. 161.

DIVISION III EXPENSE ALLOWANCE

19. Every member of the council of a municipality shall receive, in addition to any remuneration fixed in a by-law in force adopted under section 2 or provided for in section 17, an expense allowance of an amount equal to one-half of the amount of that remuneration, regardless of the excess amount referred to in section 20, up to the maximum prescribed under section 22.

The allowance shall be paid as compensation for that part of the expenses attaching to the position that is not reimbursed to the member of the council under Chapter III.

1988, c. 30, s. 19; 1996, c. 27, s. 162.

20. Where the amount equal to one-half of the amount of the mayor’s remuneration under sections 12 and 13 exceeds the maximum established in section 22, the difference shall be paid to the mayor as remuneration rather than as an expense allowance.

1988, c. 30, s. 20; 1996, c. 27, s. 163.

DIVISION IV MAXIMUM REMUNERATION AND EXPENSE ALLOWANCE

21. No member of the council of a municipality may receive annual remuneration greater than the maximum applicable to him prescribed under sections 21.1 to 21.3.

Where a member is entitled to receive remuneration from a mandatary body of the municipality or a supramunicipal body, the first paragraph applies to the total remuneration which the member is entitled to receive from the municipality and from such a body.

A member of a borough council who is not also a member of the council of the municipality whose territory includes the borough is considered a member of the council of that municipality.

1988, c. 30, s. 21; 2005, c. 28, s. 138.

21.1. Subject to sections 21.2 and 21.3, the total annual remuneration a member of the council of a municipality is entitled to receive for all duties performed within the municipality, a mandatary body of the municipality or a supramunicipal body may not exceed the amount established for the position the member holds among those referred to in the second paragraph. For each subparagraph of that paragraph, the amount is established in accordance with Division VI.

The following positions are subject to separate maximum annual remunerations:

(1)  the mayor of Ville de Montréal;

(2)  the mayor of Ville de Québec;

(3)  the mayor of a municipality with a population of 300,000 or more;

(4)  the mayor of a municipality with a population of 100,000 to 299,999;

(5)  the mayor of a municipality with a population of 50,000 to 99,999;

(6)  a member of the executive committee of a metropolitan community or the chair or vice-chair of a standing committee of a metropolitan community;

(7)  the warden of a regional county municipality elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O‐9);

(8)  a member of the council of a municipality, other than a member referred to in subparagraphs 1 to 7 or section 21.2.

2005, c. 28, s. 139; 2005, c. 50, s. 88.

For the fiscal year 2015, the maximum amounts established for the positions referred to in the second paragraph of this section concerning the total annual remuneration a member of the council of a municipality is entitled to receive, are as follows:

(1) for the mayor of Ville de Montréal, $162,929;

(2) for the mayor of Ville de Québec, $154,603;

(3) for the mayor of a municipality with a population of 300,000 or more, $149,250;

(4) for the mayor of a municipality with a population of 100,000 to 299,999, $140,333;

(5) for the mayor of a municipality with a population of 50,000 to 99,999, $115,358;

(6) for a member of the executive committee of a metropolitan community or the chair or vice-chair of a standing committee of a metropolitan community, $122,654;

(7) for the warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization, $77,302;

(8) for a member of the council of a municipality, other than a member referred to in subparagraphs 1 to 7 of the second paragraph of this section or section 21.2 of this Act, $101,783.

See Notice of indexing dated 2 December 2014; (2015) 147 G.O. 1, 5.

21.2. The total annual remuneration referred to in section 21.1 to which a member of the executive committee of a municipality with a population of 50,000 or more, or the chair or vice-chair of a standing committee of that municipality may be entitled may not exceed 90 % of the maximum applicable to the mayor of the municipality.

2005, c. 28, s. 139.

21.3. Where the maximums under two or more provisions included in the subparagraphs of the second paragraph of section 21.1 or in section 21.2 are likely to apply to the same person, the greater of those maximums applies.

2005, c. 28, s. 139.

22. No member of the council of a municipality may receive an annual expense allowance greater than the amount established in accordance with Division VI.

Where a member is entitled to receive an expense allowance from a mandatary body of the municipality or a supramunicipal body, whether the allowance is referred to as such or by any other name, the first paragraph applies to the aggregate of the allowances which the member is entitled to receive from the municipality and from such a body.

The expense allowance that relates to the remuneration paid, where applicable, by a new municipality to an elected municipal officer for any position held within the municipality during the period beginning on the first day of the municipal officer’s term in that municipality and ending on the day preceding the day on which the municipality is constituted, is subject to the maximum provided for in the first paragraph that applies during the year in which the new municipality is constituted.

1988, c. 30, s. 22; 1996, c. 27, s. 164; 1997, c. 93, s. 150; 2001, c. 25, s. 190; 2002, c. 37, s. 259; 2004, c. 20, s. 202; 2005, c. 28, s. 140.

For the fiscal year 2015, the maximum amount referred to in the first paragraph of this section is $15,976 as regards the total annual expense allowances any member of the council of a municipality may receive.

See Notice of indexing dated 2 December 2014; (2015) 147 G.O. 1, 5.

23. If the total amount of remuneration or expense allowances which a member would, but for section 21 or 22, be entitled to receive is greater than the maximum prescribed, the excess amount is subtracted from the amount which the member would be entitled to receive from the mandatary body of the municipality or the supramunicipal body.

Where the member would be entitled to receive an amount from several bodies, the excess amount is subtracted, proportionately, from each amount.

1988, c. 30, s. 23.

DIVISION V TERMS AND CONDITIONS OF PAYMENT OF REMUNERATION AND EXPENSE ALLOWANCE

24. The remuneration fixed under section 2 or provided for in section 17 and the expense allowance provided for in section 19 are paid by the municipality according to the terms and conditions determined by resolution of the council.

The council may delegate the power to determine such terms and conditions to the executive committee or, as the case may be, to the administrative committee. This paragraph takes precedence over article 124 of the Municipal Code of Québec (chapter C-27.1).

1988, c. 30, s. 24; 1996, c. 27, s. 165.

DIVISION VI INDEXATION

2005, c. 28, s. 141.

24.1. Sections 24.2 to 24.4 apply in respect of any amount under section 12, 13, 16, 21.1 or 22.

2005, c. 28, s. 141.

24.2. Subject to section 24.3, the amount applicable for a fiscal year, referred to as “the fiscal year concerned”, is the result obtained by indexing upward the amount applicable for the preceding fiscal year.

The indexation consists in increasing the amount applicable for the preceding fiscal year by a percentage corresponding to the rate of increase, according to Statistics Canada, of the Consumer Price Index for Canada.

That rate is established by

(1)  subtracting the index established for the third month of December preceding the fiscal year concerned from the index established for the second month of December preceding that fiscal year; and

(2)  dividing the difference obtained under subparagraph 1 by the index established for the third month of December preceding the fiscal year concerned.

If the indexation results in a mixed number,

(1)  for an amount under section 12, only the first three decimal places are considered;

(2)  for another amount, only the integer is used and it is rounded up if the first decimal is greater than 4.

2005, c. 28, s. 141.

24.3. If an increase is impossible for the fiscal year concerned, the amount applicable for that fiscal year is equal to the amount applicable for the preceding fiscal year.

2005, c. 28, s. 141.

24.4. Before the beginning of the fiscal year concerned, the Minister of Municipal Affairs and Regions shall publish a notice in the Gazette officielle du Québec

(1)  stating the percentage corresponding to the rate of increase used to establish any amount applicable for that fiscal year or, as the case may be, indicating that an increase is impossible for that fiscal year;

(2)  stating any amount applicable for that fiscal year.

2005, c. 28, s. 141.

See (2008) 140 G.O. 1, 291.

CHAPTER III REIMBURSEMENT OF EXPENSES

25. No member may, as part of his duties, perform any act involving expenses chargeable to the municipality except with the prior authorization of the council to perform the act and, consequently, incur expenses which do not exceed the amount fixed by the council.

However, the mayor, or the warden, is not required to obtain such prior authorization when he performs an act as part of his duties. The same rule applies in the case of a member of the council designated by the mayor or, as the case may be, by the warden to replace him where he is unable to represent the municipality.

1988, c. 30, s. 25; 1996, c. 27, s. 166.

25.1. The council may, by by-law, exempt members of the executive committee or borough chairs from having to obtain the prior authorization referred to in the first paragraph of section 25 when they perform an act as part of their duties.

The by-law must state the annual amount, not greater than $1,500, up to which the exemption is granted.

2003, c. 19, s. 221.

26. A member of the council who, as part of his duties, has incurred expenses chargeable to the municipality may, on presentation of a statement accompanied with the proper vouchers, obtain the reimbursement of the actual amount of the expenses by the municipality.

1988, c. 30, s. 26.

27. The council of the municipality may, by by-law, establish a tariff applicable where expenses chargeable to the municipality are entailed by particular classes of acts performed in Québec for a purpose other than travel outside Québec, and prescribe what vouchers must be presented to prove that such an act was performed.

If such a by-law is in force, the prior authorization under section 25 in respect of an act covered by the tariff is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed.

Notwithstanding section 26, a member of the council who, as part of his duties, has performed an act covered by the tariff in force may, on presentation of a statement accompanied with the vouchers prescribed in the by-law, receive from the municipality the amount prescribed in the tariff for that act.

1988, c. 30, s. 27.

28. The council of the municipality may delegate all or some of its powers under sections 25 and 27 to the executive committee in the case of a local municipality, and to the administrative committee in the case of a regional county municipality.

1988, c. 30, s. 28; 1996, c. 27, s. 167.

29. The council may provide sufficient appropriations in the budget of the municipality for the reimbursement, pursuant to section 26 or 27, of expenses entailed by particular classes of acts that the members of the council may perform on behalf of the municipality as part of their duties.

The prior authorization provided for in section 25 in respect of an act of a class for which appropriations are provided in the budget is limited to the authorization to perform the act, without reference to the maximum amount of expenses allowed. The maximum amount is deemed to be the balance of the appropriations for acts of that class, after deducting all previous reimbursements, or, where applicable, the amount prescribed in the tariff for that act.

If no appropriations are available, the council may appropriate sums of money out of the general fund of the municipality for the purposes of the first paragraph; the sums so appropriated are regarded as appropriations.

1988, c. 30, s. 29; 1999, c. 40, s. 319.

30. Notwithstanding sections 27 and 29, the council, the executive committee or the administrative committee, as the case may be, may fix the maximum amount of expenses allowed where it authorizes a member of the council to perform an act which is covered by the tariff or is in a class for which appropriations are provided in the budget.

Section 26 applies in such a case even if the act is covered by the tariff.

1988, c. 30, s. 30; 1996, c. 27, s. 168.

30.0.1. The council of a municipality may, by by-law, provide for the cases in which it shall pay an advance to a member of the council and establish the rules and the terms and conditions applicable to payment of the advance, as well as the terms and conditions of repayment to the municipality of the portion of the advance that exceeds the reimbursement to which the member is entitled under section 26 or 27.

1996, c. 27, s. 169.

30.0.2. Sections 25 to 30.0.1 apply in respect of acts performed or expenses incurred while the member of the council is representing the municipality otherwise than in the course of the work of bodies of which he is a member within the municipality, a mandatary body of the municipality or a supramunicipal body, or while he is participating in any convention, seminar or other event held for the purpose of providing information or training relevant to the performance of his duties.

Those sections also apply in respect of acts performed or expenses incurred, for the purposes of meals, at a sitting of the council or another organ of the municipality, a mandatary body thereof or a supramunicipal body, or at any meeting held in connection with such a sitting, to the extent that no member of the council or of the organ concerned was excluded from the sitting or meeting for any cause other than the member’s disqualification.

1996, c. 27, s. 169; 1997, c. 93, s. 151.

30.0.3. The council of a regional county municipality may, by by-law, provide for the cases and the terms and conditions applicable to reimbursement to its members of expenses, other than expenses referred to in the second paragraph of section 30.0.2, incurred by them to attend sittings of the council, a committee or a board of delegates. The same applies in the case of a local municipality referred to in article 127.1 of the Municipal Code of Québec (chapter C-27.1), as regards attendance at sittings of such a board.

In the case of committees on which persons who are not members of the council of the regional county municipality also sit, the by-law referred to in the first paragraph shall, in respect of such persons, provide for the same conditions as those in respect of the committee members who are members of the council of the regional county municipality.

1996, c. 27, s. 169; 1997, c. 93, s. 152; 2001, c. 25, s. 191; 2002, c. 37, s. 260.

CHAPTER III.1 COMPENSATION FOR LOSS OF INCOME

1998, c. 31, s. 102.

30.0.4. The council of the municipality may, by by-law, provide for the exceptional cases in which and the terms and conditions according to which its members are to be paid compensation for any loss of income sustained by such members in the performance of their duties.

The payment of compensation shall be decided by the council on a case-by-case basis.

Sections 7 to 10, adapted as required, apply to the by-law referred to in the first paragraph.

The council of the municipality may, in particular, provide that a state of emergency declared under the Civil Protection Act (chapter S-2.3) or an event in respect of which a financial assistance program is implemented pursuant to section 109 of that Act are exceptional cases.

1998, c. 31, s. 102; 1999, c. 59, s. 42; 2001, c. 76, s. 151.

30.0.5. Any compensation paid by a municipality to a person under section 30.0.4 in the period throughout which the person is a member of the council of the municipality, or the payment of which is the subject of an application, deliberation or vote during that period is a condition of employment related to the office of council member for the purposes of sections 304, 305, 361 and 362 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

1998, c. 31, s. 102.

CHAPTER IV SEVERANCE ALLOWANCE AND TRANSITION ALLOWANCE

1991, c. 78, s. 17.

30.1. A local municipality shall pay a severance allowance to a person who ceases to be a member of the council after having accumulated two or more years of credited service under the pension plan established by the Act respecting the Pension Plan of Elected Municipal Officers (chapter R-9.3).

The amount of the allowance is equal to the product obtained by multiplying the amount of the average bi-weekly remuneration computed on the basis of a period of 12 consecutive months preceding the date on which he ceased to be a member of the council by the number of years of service credited from 1 January 1992; the amount of the allowance is increased by that part of the bi-weekly remuneration which is proportional to any part of a year of credited service.

If a person who has already received a severance allowance again holds office as a member of the council of a municipality which has adhered to the pension plan in his respect, the municipality shall, when he again ceases to be a member, pay to him an allowance computed in accordance with the second paragraph, excluding, however, for the purposes of the computation, the years or parts of years of service for which the person has already received such an allowance.

If a person who again holds office as a member of the council of a municipality which has adhered to the pension plan in his respect is subject to section 39 or 80 of the Act respecting the Pension Plan of Elected Municipal Officers, the municipality shall pay to him, when he again ceases to be a member, an allowance computed in accordance with the third paragraph, on the basis, however, of the years or parts of years for which the person was a member of the council from the time he resumed such office, whether or not he was participating in the pension plan at that time.

The total amount of the allowance shall not exceed the remuneration received by the person in the period of 12 consecutive months preceding the date on which he ceased to be a member of the council.

For the purposes of this section, remuneration includes remuneration paid to a person by a mandatary body of the municipality or by a supramunicipal body

(1)  for a function exercised by virtue of office;

(2)  for a function for which the municipality has adopted a by-law to that effect.

This section applies, with the necessary modifications, to a regional county municipality in respect of its warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9).

1991, c. 78, s. 18; 1996, c. 27, s. 170; 2001, c. 25, s. 192; 2004, c. 20, s. 203.

31. The council of a municipality may, by by-law, provide for the payment by the municipality of a transition allowance to any person who ceases to hold office as warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9) or as mayor after having held office during not less than 24 months preceding the end of his term.

The council of a local municipality having 20,000 or more inhabitants may, by by-law, provide for the payment of a transition allowance to any person who ceases to be a member of the council after having been a member thereof for not less than the 24 months preceding the end of his term.

The amount of the allowance is equal to the product obtained by multiplying the amount of the person’s bi-monthly remuneration at the date of the end of his term by the number of full years during which he held office as warden, mayor or member of the council, as the case may be; the amount of the allowance is increased by that part of his bi-monthly remuneration that is proportional to any part of a year during which he held office as warden, mayor or member of the council, as the case may be, beyond the full years. The amount of the allowance shall not exceed four times that of his bi-monthly remuneration at the date of the end of his term.

The council of a municipality may, by by-law, provide that the remuneration includes, for the purpose of fixing the amount of the transition allowance, any remuneration paid to its members by a mandatary body of the municipality or a supramunicipal body.

The council shall fix the terms and conditions of payment of the allowance. If may delegate that power to the executive committee.

Sections 7 to 10, adapted as required, apply to a by-law adopted under this section.

1988, c. 30, s. 31; 1991, c. 78, s. 19; 1996, c. 27, s. 171; 2001, c. 25, s. 193.

31.1. For the purposes of sections 30.1 and 31, a person does not cease to be a member of the council of the municipality upon the expiration of his term if he was elected to the council at the election immediately preceding the expiration, provided he takes the oath required of every elected officer within the prescribed time.

1991, c. 78, s. 20.

31.2. For the purposes of sections 31.3 to 31.5,

(1)  “former municipality” means the local municipality which, immediately before the coming into force of an amalgamation or total annexation, had jurisdiction over an amalgamated or annexed territory;

(2)  “new municipality” means the local municipality resulting from the amalgamation or that effected the annexation.

2001, c. 71, s. 1; 2005, c. 50, s. 89.

31.3. For the purposes of sections 30.1 and 31, a person eligible under the compensation program provided for in section 233 of the Act to reform the municipal territorial organization of the metropolitan regions of Montréal, Québec and the Outaouais (2000, chapter 56) or a similar compensation program established by an order referred to in section 125.27 of the Act respecting municipal territorial organization (chapter O-9) is deemed to cease to be a member of the council of the former municipality only at the end of the period covered by the program.

2001, c. 71, s. 1.

31.4. A person who was a member of the council of the former municipality and who becomes a member of the council of the new municipality may not receive an allowance mentioned in section 30.1 or 31, in respect of any period of time during which the person was a member of the council of the former municipality, until the person ceases to be a member of the council of the new municipality.

Subject to section 31.5, the amount of the allowance provided for in section 31, the payment of which is deferred under the first paragraph, shall be established, in respect of any period of time during which the person was a member of the council of the former municipality, on the basis of the remuneration received from the former municipality.

2001, c. 71, s. 1.

31.5. A person to whom the first paragraph of section 31.4 applies who ceases to be a member of the council of the new municipality and who is entitled to receive an allowance mentioned in section 31 in respect of the period of time during which the person was a member of the council of the new municipality, may also receive all or part of the allowance payable under section 31 in respect of the period of time during which the person was a member of the council of the former municipality, up to the maximum amount of the allowance prescribed by section 31 in respect of the remuneration the person received from the new municipality.

Where the maximum amount provided for in the first paragraph is less than the amount of the allowance the person would have been entitled to receive in respect of any period of time during which the person was a member of the council of the former municipality, the person may elect instead to receive the amount of that allowance.

2001, c. 71, s. 1.

CHAPTER V

Repealed, 2005, c. 28, s. 142.

2004, c. 20, s. 204; 2005, c. 28, s. 142.

31.6. (Repealed).

2004, c. 20, s. 205; 2005, c. 28, s. 142.

32. (Repealed).

1988, c. 30, s. 32; 1996, c. 27, s. 172; 2001, c. 25, s. 194; 2004, c. 20, s. 206; 2005, c. 28, s. 142.

32.1. (Repealed).

2004, c. 20, s. 207; 2005, c. 28, s. 142.

32.2. (Repealed).

2004, c. 20, s. 207; 2005, c. 28, s. 142.

CHAPTER VI MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

DIVISION I LEGISLATIVE AMENDMENTS

33. (Omitted).

1988, c. 30, s. 33.

34. (Omitted).

1988, c. 30, s. 34.

35. (Amendment integrated into c. C-37.2, ss. 20, 21).

1988, c. 30, s. 35.

36. (Amendment integrated into c. C-37.2, s. 22.1).

1988, c. 30, s. 36.

37. (Amendment integrated into c. C-37.2, s. 241).

1988, c. 30, s. 37.

38. (Amendment integrated into c. C-37.3, ss. 6.5, 6.6).

1988, c. 30, s. 38.

39. (Amendment integrated into c. C-37.3, s. 6.8.1).

1988, c. 30, s. 39.

40. (Omitted).

1988, c. 30, s. 40.

41. (Omitted).

1988, c. 30, s. 41.

42. (Omitted).

1988, c. 30, s. 42.

43. (Omitted).

1988, c. 30, s. 43.

44. (Omitted).

1988, c. 30, s. 44.

45. (Omitted).

1988, c. 30, s. 45.

46. (Omitted).

1988, c. 30, s. 46.

47. (Omitted).

1988, c. 30, s. 47.

48. (Omitted).

1988, c. 30, s. 48.

49. (Omitted).

1988, c. 30, s. 49.

50. (Omitted).

1988, c. 30, s. 50.

51. (Omitted).

1988, c. 30, s. 51.

52. (Omitted).

1988, c. 30, s. 52.

53. (Omitted).

1988, c. 30, s. 53.

DIVISION II TRANSITIONAL AND FINAL PROVISIONS

54. The provisions of Chapters II and V take precedence over any inconsistent provision of a general law or special Act in force on 16 June 1988.

1988, c. 30, s. 54.

55. For the computation of any amount referred to in the second paragraph of section 12 for the fiscal year 1989, the amounts per inhabitant applicable to each population bracket for the fiscal year 1988 are the following:

(1)  1 to 5,000 inhabitants: $0.687;

(2)  5,001 to 15,000 inhabitants: $0.617;

(3)  15,001 to 50,000 inhabitants: $0.382;

(4)  50,001 to 100,000 inhabitants: $0.167;

(5)  100,001 to 300,000 inhabitants: $0.069;

(6)  300,001 or more: $0.004.

1988, c. 30, s. 55.

56. For the computation of the amount referred to in the third paragraph of section 13 for the fiscal year 1989, the maximum excess amount referred to in that paragraph for the fiscal year 1988 is $1,470.

1988, c. 30, s. 56.

57. For the fiscal year 1989, the minimum annual remuneration provided for in section 16 is $2,000 in the case of the mayor and $667 in the case of a councillor.

1988, c. 30, s. 57.

58. Until it is fixed by a regulation of the Government under section 32, the maximum annual remuneration prescribed under section 21 is the following:

(1)  for the mayor of the city of Montréal: $93,935;

(2)  for the mayor of a municipality of 100,000 inhabitants or more, except the mayor of the city of Montréal: $87,445;

(3)  for any member of the council of the Communauté urbaine de Montréal, except the mayor of the city of Montréal: $86,565;

(4)  for any member of the council of the Communauté urbaine de Québec, except the mayor of the city of Québec: $79,195;

(5)  for any other member of the council of a municipality: $71,835.

Until it is fixed by a regulation of the Government under section 20 of the Act respecting the Communauté urbaine de Montréal (chapter C-37.2) or under section 6.5 of the Act respecting the Communauté urbaine de Québec (chapter C-37.3), as the case may be, the maximum annual remuneration of the chairman of the executive committee of the Communauté urbaine de Montréal is $86,565 and that of the chairman of the executive committee of the Communauté urbaine de Québec is $79,195.

1988, c. 30, s. 58.

59. The maximum expense allowance prescribed under section 22 is $9,215 for the fiscal year 1988.

1988, c. 30, s. 59.

60. Every by-law, regulation, resolution and order adopted, passed or issued under a provision repealed by this Act and in force on 16 June 1988 shall remain in force until they are repealed or replaced under this Act.

They are deemed to be adopted, passed or issued under the corresponding provision of this Act.

1988, c. 30, s. 60.

61. Any reference, in another Act or in an instrument referred to in section 60, to a provision repealed by this Act is a reference to the corresponding provision of this Act.

1988, c. 30, s. 61; 1999, c. 40, s. 319.

62. Any remuneration provided for by or under a provision repealed by this Act, or fixed by an instrument referred to in the first paragraph of section 60 is considered to include both the remuneration and the expense allowance within the meaning of this Act.

Any amount of remuneration which, under a provision repealed by this Act, is paid as an indemnity for part of the expenses attaching to the office of a member of the council is considered to be an expense allowance within the meaning of this Act. The balance of that remuneration is considered to be remuneration within the meaning of this Act.

The first two paragraphs do not apply where the said provision or instrument, or their context, indicates that the remuneration does not include an indemnity for expenses.

1988, c. 30, s. 62; 1999, c. 40, s. 319.

63. (Repealed).

1988, c. 30, s. 63; 1988, c. 85, s. 101.

64. Where, on 16 June 1988, the remuneration or the expense allowance of a member of the council of a municipality provided for an office under a provision repealed, struck out or replaced by this Act, exceeds the remuneration or the expense allowance that becomes payable to him under sections 17 to 19, he retains the right to receive, as remuneration or allowance, an amount at least equal to the amount he is receiving at that date, for as long as he remains in office.

He shall not be deemed to have ceased to hold office as a member of the council at the expiry of his term, provided that he is re-elected in the election held after the expiry of his term and that he makes the required oath within the prescribed time after his re-election.

1988, c. 30, s. 64; 1989, c. 56, s. 15.

65. Every member of the council of a municipality who, pursuant to section 115 of chapter 16 of the statutes of 1980, is entitled to receive as an indemnity for a portion of the expenses attaching to his office an amount greater than the amount prescribed under section 22 of this Act may continue to receive that amount as an expense allowance for as long as he remains in office. The second paragraph of section 64 applies to him.

1988, c. 30, s. 65.

66. (This section ceased to have effect on 1 January 1989).

1988, c. 30, s. 66.

67. The Minister of Municipal Affairs and Regions is responsible for the administration of this Act.

1988, c. 30, s. 67; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196.

68. (Omitted).

1988, c. 30, s. 68.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 30 of the statutes of 1988, in force on 1 March 1989, is repealed, except sections 40 and 68, effective from the coming into force of chapter T-11.001 of the Revised Statutes.