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

À jour au 5 novembre 2021

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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 shall, by by-law, fix the remuneration of its mayor or warden and of its other members.

The by-law may only be adopted if the vote of the mayor or warden is included in the two-thirds majority vote, in favour of the by-law, of the members of the council of the municipality.

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 whose board of directors is composed in the majority of 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; 2017, c. 13, s. 212.

2.1. (Repealed).

1996, c. 27, s. 153; 2017, c. 13, s. 213.

2.2. (Repealed).

1996, c. 27, s. 153; 2017, c. 13, s. 213.

2.3. (Repealed).

1996, c. 27, s. 153; 2017, c. 13, s. 213.

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. (Repealed).

1988, c. 30, s. 4; 2017, c. 13, s. 214.

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 third paragraph of section 2, where applicable;

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

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

1988, c. 30, s. 8; 1996, c. 27, s. 157; 2017, c. 13, s. 215; 2018, c. 8, s. 263.

9. After the tabling of the draft by-law, the clerk or clerk-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 current 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 clerk-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; 2017, c. 13, s. 216; 2021, c. 31, s. 132.

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

1988, c. 30, s. 10.

11. The treasurer or clerk-treasurer of a municipality whose by-laws are in force shall include, in the financial report of the municipality, a statement on the remuneration and expense allowance received by each council member from the municipality, a mandatary body of the municipality or a supramunicipal body. That information must also be published on the municipality’s website or, if the local municipality does not have a website, on the website of the regional county municipality whose territory includes that of the municipality.

1988, c. 30, s. 11; 1996, c. 2, s. 963; 1996, c. 27, s. 159; 2001, c. 25, s. 188; 2017, c. 13, s. 217; 2021, c. 31, s. 132.

DIVISION II

Repealed, 2017, c. 13, s. 218.

1988, c. 30, Div. II; 2017, c. 13, s. 218.

12. (Repealed).

1988, c. 30, s. 12; 1997, c. 93, s. 147; 2004, c. 20, s. 199; 2005, c. 28, s. 135; 2017, c. 13, s. 218.

13. (Repealed).

1988, c. 30, s. 13; 1997, c. 93, s. 148; 2004, c. 20, s. 200; 2005, c. 28, s. 136; 2017, c. 13, s. 218.

14. (Repealed).

1988, c. 30, s. 14; 1996, c. 27, s. 160; 2017, c. 13, s. 218.

15. (Repealed).

1988, c. 30, s. 15; 2017, c. 13, s. 218.

16. (Repealed).

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; 2017, c. 13, s. 218.

17. (Repealed).

1988, c. 30, s. 17; 2017, c. 13, s. 218.

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 receives, in addition to any remuneration fixed in a by-law adopted under section 2, an expense allowance of an amount equal to one-half of that remuneration, up to $17,401.

The amount provided for in the first paragraph must be adjusted on 1 January each year according to the change in the average Consumer Price Index for the preceding year, based on the index established for the whole of Québec by Statistics Canada.

That amount is rounded down to the nearest dollar if it includes a dollar fraction that is less than $0.50 or up to the nearest dollar if it includes a dollar fraction that is equal to or greater than $0.50. The Minister of Municipal Affairs, Regions and Land Occupancy shall publish the results of that adjustment in the Gazette officielle du Québec.

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; 2017, c. 13, s. 219.

See notice of indexation dated 19 December 2020; (2020) 152 G.O. 1, 907.

19.1. If a member of the council of a municipality is entitled to receive an expense allowance from a mandatary body of the municipality or from a supramunicipal body, whether the allowance is referred to as such or by any other name, the maximum provided for in section 19 applies to the aggregate of the allowances the member is entitled to receive from the municipality and from such a body.

If the aggregate of the expense allowances which the member would be entitled to receive is greater than the maximum prescribed, the excess amount is subtracted from the amount the member would be entitled to receive from the mandatary body of the municipality or from 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.

2017, c. 13, s. 220.

20. (Repealed).

1988, c. 30, s. 20; 1996, c. 27, s. 163; 2017, c. 13, s. 221.

DIVISION IV

Repealed, 2017, c. 13, s. 222.

1988, c. 30, Div. IV; 2017, c. 13, s. 222.

21. (Repealed).

1988, c. 30, s. 21; 2005, c. 28, s. 138; 2017, c. 13, s. 222.

21.1. (Repealed).

2005, c. 28, s. 139; 2005, c. 50, s. 88; 2017, c. 13, s. 222.

21.2. (Repealed).

2005, c. 28, s. 139; 2006, c. 60, s. 119; 2017, c. 13, s. 222.

21.3. (Repealed).

2005, c. 28, s. 139; 2017, c. 13, s. 222.

22. (Repealed).

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; 2017, c. 13, s. 222.

23. (Repealed).

1988, c. 30, s. 23; 2017, c. 13, s. 222.

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

24. The remuneration fixed under section 2 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; 2017, c. 13, s. 223.

DIVISION VI

Repealed, 2017, c. 13, s. 224.

2005, c. 28, s. 141; 2017, c. 13, s. 224.

24.1. (Repealed).

2005, c. 28, s. 141; 2017, c. 13, s. 224.

24.2. (Repealed).

2005, c. 28, s. 141; 2017, c. 13, s. 224.

24.3. (Repealed).

2005, c. 28, s. 141; 2017, c. 13, s. 224.

24.4. (Repealed).

2005, c. 28, s. 141; 2009, c. 26, s. 109; 2017, c. 13, s. 224.

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. Subject to sections 31.0.1 to 31.0.4, 31.1.0.1 and 31.1.1, 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; 2018, c. 8, s. 235.

31. Subject to sections 31.0.1, 31.0.2, 31.0.4 and 31.1.1, 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.

Subject to sections 31.0.1, 31.0.2, 31.0.4 and 31.1.1, 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 quarterly 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 quarterly 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 quarterly remuneration at the date of the end of his term. In the case of a resigning person who obtained a favourable decision under section 31.0.1, the amount paid must however be reduced by an amount equal to the employment, professional, business or retirement income or the disability insurance benefits the person receives or is entitled to receive during the period defined in section 31.0.2.

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.

A by-law provided for in this section may only be adopted if the vote of the mayor or warden is included in the two-thirds majority vote, in favour of the by-law, of the members of the council of the municipality.

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; 2011, c. 11, s. 19; 2016, c. 17, s. 128; 2016, c. 30, s. 9; 2018, c. 8, s. 236.

31.0.1. A person who resigns during his term of office is entitled to the severance allowance provided for in section 30.1 or to the transition allowance provided for in the by-law made by the council of the municipality under section 31 on condition that his resignation is due to a serious family matter or a major health issue affecting him or a member of his immediate family.

At the resigning person’s request made to the Commission municipale not later than the 30th day after his resignation, the Commission, acting through a single member designated by the president of the Commission in accordance with section 6 of the Act respecting the Commission municipale (chapter C-35), shall determine whether one of the conditions set out in the first paragraph has been met.

Before rendering a decision, the member designated by the president of the Commission shall give the resigning person an opportunity to present observations and be heard in camera.

The Commission shall render its decision not later than the 30th day after the day on which it received the request. It shall send its decision in writing to the resigning person and the municipality. The Commission shall not disclose the reasons for the decision, except to the resigning person.

If the decision is favourable, the allowance is paid retroactively from the date the resigning person’s term ended.

Despite the fifth paragraph, payment of the allowance is suspended if the resigning person is the subject of an application to have him declared disqualified or of proceedings which, under section 301 or 302 of the Act respecting elections and referendums in municipalities (chapter E-2.2), could bring about his disqualification.

The payment may be made, if applicable, on the first of the following dates:

(1)  the date on which the applicant withdraws the application for declaration of disqualification, or on which the prosecutor stays all charges in the proceedings; and

(2)  the date on which a judgment acquitting the person or dismissing the application for declaration of disqualification becomes final.

In such a case, section 31.0.2 applies, with the necessary modifications.

2016, c. 17, s. 129; 2018, c. 8, s. 237.

31.0.2. If the resigning person who obtained a favourable decision under section 31.0.1 received or was entitled to receive employment, professional, business or retirement income or disability insurance benefits during the reference period immediately after the end of his term, the resigning person must file a written statement with the municipality, on or before the 60th day after the end of that period, stating the nature and total amount of such income or benefits.

For the purposes of the first paragraph, the reference period is the number of months obtained,

(1)  in the case of the severance allowance, by dividing the amount of the allowance computed in accordance with section 30.1 by the result obtained by multiplying the bi-weekly value established in accordance with that section by two; or

(2)  in the case of the transition allowance, by dividing the amount of the allowance computed in accordance with section 31 by the result obtained by dividing the quarterly value established in accordance with that section by three.

If the total amounts paid as a severance or transition allowance exceed what the resigning person was entitled to, given the income or benefits referred to in the first paragraph, the person shall reimburse the overpayment to the municipality.

If the resigning person fails to file the required statement with the municipality within the time prescribed in the first paragraph, the municipality shall demand the full reimbursement of the severance or transition allowance, unless the person subsequently files the required information with the municipality within a reasonable time.

2016, c. 17, s. 129; 2018, c. 8, s. 238.

31.0.3. The council may, by by-law, provide that a resigning person entitled to a severance or transition allowance pursuant to a decision of the Commission municipale continues, despite section 31.0.2, to be entitled to the full amount of that allowance if it is established, to the Commission’s satisfaction and based on evidence it considers relevant, that the total annual remuneration to which the person was entitled as an elected municipal officer for the 24 months immediately preceding his resignation represents more than 20% of the person’s total annual income for that period. In such a case, the allowance to which the person is entitled may not, however, exceed the total remuneration to which he was entitled as an elected municipal officer during the portion of his term that remains before the next general municipal election. If applicable, the Commission determines the amount of the allowance to which the person is entitled.

2016, c. 17, s. 129; 2018, c. 8, s. 239.

31.0.4. Sections 31.0.1 to 31.0.3 also apply to a person whose term ends, in accordance with section 317 of the Act respecting elections and referendums in municipalities (chapter E-2.2), because of the person’s failure to attend council sittings. For the purposes of those sections, the person is deemed to be a resigning person and, for the purposes of those provisions, the day on which the person’s term ends is deemed to be the day of the person’s resignation.

2016, c. 30, s. 10.

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.

31.1.0.1. Payment of a severance or transition allowance must be suspended if the person whose term ends is the subject of an application to have him declared disqualified or of proceedings which, under section 301 or 302 of the Act respecting elections and referendums in municipalities (chapter E-2.2), could bring about his disqualification.

The payment may be made, if applicable, on the first of the following dates:

(1)  the date on which the applicant withdraws the application for declaration of disqualification or the date on which the prosecutor stays all charges in the proceedings; and

(2)  the date on which a judgment acquitting the person or dismissing the application for declaration of disqualification becomes final.

In such a case, section 31.0.2 applies, with the necessary modifications.

2018, c. 8, s. 240.

31.1.1. A severance or transition allowance may not be paid to a person whose term ends, in accordance with sections 318 and 319 of the Act respecting elections and referendums in municipalities (chapter E-2.2), because the person is disqualified or ousted from office or because of the nullity of the person’s election.

2016, c. 30, s. 11; 2018, c. 8, s. 241.

31.1.2. A person who has received a severance or transition allowance must reimburse the municipality for it if the person is subsequently declared disqualified, by a judgment that has become final, from holding office as a member of the council of a municipality because of an act occurring in the performance of the person’s duties as member of the council of the municipality that paid the allowance. The same applies to a person who is found guilty, by a judgment that has become final, of an offence that is a corrupt electoral practice within the meaning of section 645 of the Act respecting elections and referendums in municipalities (chapter E-2.2), the Act respecting school elections to elect certain members of the boards of directors of English-language school service centres (chapter E-2.3) or the Election Act (chapter E-3.3) or of an act that, under an Act of the Parliament of Québec or of Canada, is an offence punishable by a term of imprisonment of two years or more, if the proceedings were brought before the expiry of five years after the end of the term following which the person received the allowance and during which the act that gave rise to the proceedings was committed.

2016, c. 30, s. 11; 2018, c. 8, s. 242; 2020, c. 1, s. 313.

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 IV.1 REIMBURSEMENT OF COUNCILLORS’ RESEARCH AND SUPPORT EXPENSES

2016, c. 17, s. 130.

31.5.1. The budget of any municipality having a population of 20,000 or more must include an appropriation to provide for payment of sums to councillors as reimbursement for their research and support expenses.

Subject to the third paragraph, the appropriation must be equal to or greater than 1/15 of 1% of the total of all other appropriations provided for in the budget, except in the case of Ville de Montréal where such an appropriation must be equal to or greater than 1/30 of 1% of the total of all other appropriations provided for in the budget.

Where the budget of the municipality provides for appropriations for expenses related to the operation of a system of production, transmission or distribution of electric power, only 50% of those appropriations shall be taken into account in establishing the total of the appropriations referred to in the second paragraph.

A regulation of the Minister of Municipal Affairs, Regions and Land Occupancy determines which research and support expenses are covered under the first paragraph.

2016, c. 17, s. 130.

31.5.2. The amount of the sums referred to in the first paragraph of section 31.5.1 is established by dividing the appropriation equally among all the councillors.

However, in the case of a municipality where borough councillors are elected, the appropriation shall be divided into a number of shares corresponding to the total obtained by adding twice the number of city councillors to the number of borough councillors. Two shares shall be assigned to each city councillor and one share to each borough councillor.

2016, c. 17, s. 130.

31.5.3. In the case of the urban agglomeration of Montréal, the part of the central municipality’s budget under the responsibility of the urban agglomeration council must include an appropriation to provide for payment of sums to the members of that council, except the mayor of the central municipality, as reimbursement for research and support expenses that comply with the regulation made under section 31.5.1.

The appropriation must be equal to or greater than 1/60 of 1% of the total of all other appropriations provided for in that part of the budget.

The amount of the sums referred to in the first paragraph is established by dividing the appropriation equally among all the members of the urban agglomeration council, except the mayor of the central municipality.

The sums established under section 31.5.2 for a councillor of the regular council of the central municipality who is a member of the urban agglomeration council must be reduced by the sums established for the member under this section, and the budget of the central municipality must be adjusted to reflect that reduction.

2016, c. 17, s. 130.

31.5.4. The maximum reimbursement to which a councillor is entitled for a fiscal year in which a general election is held in the municipality is,

(1)  for a councillor in office before the election, five sixths of the maximum reimbursement to which the councillor would otherwise have been entitled for the full fiscal year; and

(2)  for a councillor in office after the election, one sixth of the maximum reimbursement to which the councillor would otherwise have been entitled for the full fiscal year.

In the case of a by-election, the maximum reimbursement to which the councillor elected in the by-election is entitled is equal to the quotient obtained when the product obtained by multiplying the number of full months between the date on which the councillor’s term begins and the end of the current fiscal year and the maximum reimbursement to which the councillor would have been entitled for the full fiscal year is divided by 12.

2016, c. 17, s. 130.

31.5.5. To be entitled to a reimbursement, the councillor or member of the urban agglomeration council must, in support of the application, present vouchers the minimum content of which is determined by the council.

The Minister may, by regulation, prescribe rules relating to the content of such vouchers.

Not later than 31 March each year, a list of the reimbursements authorized by the municipality in the preceding fiscal year must be tabled before the council or, as the case may be, before the urban agglomeration council of Ville de Montréal. For each reimbursement, the list specifies the information required by the regulation referred to in the second paragraph and the information provided in support of the application.

2016, c. 17, s. 130.

31.5.6. When this chapter has begun to apply to a municipality, it continues to apply even though its population falls below 20,000.

However, the council of the municipality may, by a resolution adopted by a two-thirds majority vote of its members, end the application of this chapter. Entitlement to the reimbursement of research and support expenses ceases on 31 December of the fiscal year in which the decision is made.

This chapter becomes again applicable when the population of the municipality again reaches 20,000.

2016, c. 17, s. 130.

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, Regions and Land Occupancy 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; 2009, c. 26, s. 109.

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.