E-2.2 - Act respecting elections and referendums in municipalities

Full text
chapter E-2.2
Act respecting elections and referendums in municipalities
ELECTIONS AND REFERENDUMS IN MUNICIPALITIESJune 23 1987June 23 1987
TITLE I
MUNICIPAL ELECTIONS
CHAPTER I
SCOPE
1. This Title applies to all municipalities except regional county municipalities, northern, Cree or Naskapi villages or any municipality whose council, according to the Act establishing or governing the municipality, is not composed of persons elected by its citizens.
1987, c. 57, s. 1; 1996, c. 2, s. 659.
CHAPTER II
REGULAR ELECTIONS
2. An election shall be held every four years for all the offices on the council of a municipality.
Notwithstanding the foregoing, in a municipality where a by-law to that effect is in force on 31 December 1987, an election shall be held every second year for the purpose of electing persons to one-half of the offices held by councillors, and every four years for the purpose of electing a person to the office of mayor, so as to allow each office to be open for nominations every four years.
The process by which persons are declared elected to the offices then open for nominations constitutes a regular election. The regular election at which all the offices on the council are open for nominations constitutes a general election.
Where the by-law referred to in the second paragraph is repealed, the first general election shall be held in the calendar year in which the next regular election for the office of mayor is to be held.
1987, c. 57, s. 2.
3. The polling date for a regular election is the first Sunday in November.
1987, c. 57, s. 3.
CHAPTER III
DIVISION OF TERRITORY FOR ELECTION PURPOSES
DIVISION I
MUNICIPALITIES REQUIRED TO DIVIDE THEIR TERRITORIES INTO ELECTORAL DISTRICTS
4. Every municipality having a population of 20,000 or over on 1 January of the calendar year preceding the year in which a general election is to be held must divide its territory into electoral districts.
The same rule applies to any other municipality that, on 31 December 1987, was required to divide or had divided its territory into electoral districts.
1987, c. 57, s. 4.
5. Any municipality that is not required to divide its territory into electoral districts may submit itself to that requirement by by-law of its council passed by a two-third majority of its members, which must, under pain of absolute nullity, come into force during the second calendar year preceding that in which a general election must be held.
As soon as practicable after the coming into force of the by-law, the clerk or the secretary-treasurer shall transmit a certified copy thereof to the Commission de la représentation.
1987, c. 57, s. 5; 1997, c. 34, s. 1; 1999, c. 40, s. 114.
6. A municipality that is required, by operation of law or after voluntarily submitting itself to the requirement, to divide its territory into electoral districts for the purposes of a general election shall be under the same requirement for the purposes of all subsequent general elections.
1987, c. 57, s. 6.
7. Where a municipality having a population of under 20,000 is required to divide its territory into electoral districts, it may exempt itself from that requirement by a by-law of its council passed by a two-thirds majority of its members.
Subject to a requirement by operation of law or to the municipality voluntarily submitting itself again to the requirement of dividing its territory into electoral districts, the municipality is no longer required to so divide its territory for the purposes of any general election held from the second calendar year following the calendar year in which the by-law referred to in the first paragraph comes into force.
As soon as practicable after the coming into force of the by-law, the clerk or the secretary-treasurer shall transmit a certified copy thereof to the Commission de la représentation.
1987, c. 57, s. 7; 1997, c. 34, s. 2.
8. For election purposes, a municipality shall divide its territory into electoral districts only.
1987, c. 57, s. 8.
DIVISION II
NUMBER AND CHARACTERISTICS OF ELECTORAL DISTRICTS
9. The number of electoral districts of a municipality shall be
(1)  not fewer than 6 nor more than 8 if its population is under 20,000;
(2)  not fewer than 8 nor more than 12 if its population is 20,000 or over but under 50,000;
(3)  not fewer than 10 nor more than 16 if its population is 50,000 or over but under 100,000;
(4)  not fewer than 14 nor more than 24 if its population is 100,000 or over but under 250,000;
(5)  not fewer than 18 nor more than 36 if its population is 250,000 or over but under 500,000;
(6)  not fewer than 30 nor more than 90 if its population is 500,000 or over.
The population of a municipality is its population on the date of passage, as provided in section 14, of the draft by-law dividing its territory into electoral districts.
1987, c. 57, s. 9.
10. The Minister of Municipal Affairs and Greater Montréal may, upon an application, authorize a municipality to divide its territory into a smaller number of electoral districts than the minimum number or into a greater number than the maximum number.
The Minister shall transmit a copy of the authorization to the Commission de la représentation.
1987, c. 57, s. 10; 1997, c. 34, s. 3; 1999, c. 43, s. 13.
11. The electoral districts shall be delimited in such a manner as to ensure that each has the greatest possible socioeconomic homogeneity, taking into account criteria such as physical barriers, population trends, parish boundaries, size and distance.
1987, c. 57, s. 11.
12. Each electoral district shall be delimited in such a manner that, according to the list of electors of the municipality, the number of electors in the district is not more than 15% above or below the quotient obtained by dividing the total number of electors of the municipality by the number of districts. The percentage shall be 25% in the case of a municipality having a population of under 20 000 on the date of passage of the draft by-law dividing its territory into electoral districts.
A municipality may make exceptions to the first paragraph; the by-law dividing its territory into electoral districts shall then be submitted to the Commission de la représentation for approval.
1987, c. 57, s. 12.
DIVISION III
PROCEDURE OF DIVISION INTO ELECTORAL DISTRICTS
13. For the purposes of this division, the population of a municipality is its population on the date of passage of the draft by-law dividing its territory into electoral districts, and an elector is a person whose name is entered on its list of electors.
1987, c. 57, s. 13.
14. The council of a municipality required to divide its territory into electoral districts shall, by resolution, after 1 January of the calendar year preceding that in which the general election for which the division is required must be held, pass a draft by-law effecting the division.
1987, c. 57, s. 14; 1997, c. 34, s. 4.
15. The draft by-law shall describe the boundaries of the proposed electoral districts, using the names of thoroughfares wherever possible, and it shall indicate the number of electors included in each district.
The draft by-law shall also include a map or a sketch of the proposed districts.
1987, c. 57, s. 15.
16. Within 15 days of passage of the draft by-law, the clerk or the secretary-treasurer shall publish, in a newspaper having general circulation in the municipality, a notice setting forth
(1)  the object of the draft by-law;
(2)  the description of the boundaries of the proposed electoral districts;
(3)  the number of electors included in each proposed electoral district;
(4)  the place, days and hours for examining the draft by-law;
(5)  every elector’s right to inform the clerk or the secretary-treasurer in writing of his objection to the draft by-law within 15 days of publication of the notice;
(6)  the address to which objections must be sent;
(7)  the number of objections required to oblige the council to hold a public meeting to hear the persons present in respect of the draft by-law.
In addition to or in lieu of the description required under subparagraph 2 of the first paragraph, the notice may include a map or a sketch of the proposed electoral districts.
1987, c. 57, s. 16; 1997, c. 34, s. 5.
17. Within 15 days of publication of the notice, every elector may inform the clerk or the secretary-treasurer in writing of his objection to the draft by-law.
1987, c. 57, s. 17.
18. The council shall hold a public meeting to hear the persons present in respect of the draft by-law if the number of objections received within the prescribed time is equal to or exceeds
(1)  100 in the case of municipalities having a population of under 20,000;
(2)  five times the total number of full blocks of 1,000 inhabitants in the case of municipalities having a population of 20,000 or over but under 100,000;
(3)  500 in the case of municipalities having a population of 100,000 or over.
1987, c. 57, s. 18.
19. Not later than ten days before the public meeting, the clerk or the secretary-treasurer shall publish, in a newspaper having general circulation in the municipality, a notice indicating the place, day, time and purpose of the meeting, and transmit a copy thereof, along with a certified copy of the draft by-law, to the Commission de la représentation.
1987, c. 57, s. 19; 1997, c. 34, s. 6.
20. The public meeting does not constitute a sitting of the council.
A majority of the members of the council and the clerk or the secretary-treasurer shall attend the meeting.
The meeting shall be presided over by the mayor or, where he is unable to act or where the office of mayor is vacant, by one of the council members present designated by them. The designated member may maintain order in the same manner as the chairman of a sitting of the council and has the same powers.
The persons present may make representations verbally or table documents. The documents shall be treated as if they had been tabled at a sitting of the council.
The clerk or the secretary-treasurer shall draw up the minutes of the meeting.
1987, c. 57, s. 20.
21. The council of the municipality shall pass a by-law dividing its territory into electoral districts after the expiry of the time in which electors may make objections to the draft by-law or after the day of the public meeting, as the case may be, but before 1 June of the calendar year preceding that in which the general election for which the division is required is to be held.
As soon as practicable after passage of the by-law, the clerk or the secretary-treasurer shall transmit a certified copy thereof to the Commission de la représentation.
1987, c. 57, s. 21.
22. Where the council is obliged to hold a public meeting in respect of the draft by-law, the clerk or the secretary-treasurer, within 15 days after passage of the by-law, shall publish, in a newspaper having general circulation in the municipality, a notice setting forth
(1)  the object of the by-law;
(2)  the description of the boundaries of the proposed electoral districts;
(3)  the number of electors included in each proposed electoral district;
(4)  the place, days and hours for examining the by-law;
(5)  every elector’s right to inform the Commission de la représentation in writing of his objection to the by-law within 15 days of publication of the notice;
(6)  the address to which objections must be sent;
(7)  the number of objections required to oblige the Commission to hold a public meeting to hear the persons present regarding the by-law.
In addition to or in lieu of the description required under subparagraph 2 of the first paragraph, the notice may include a map or a sketch of the proposed electoral districts.
Within five days of publication of the notice, the clerk or the secretary-treasurer shall transmit a certified copy thereof to the Commission, with an attestation of its date of publication.
1987, c. 57, s. 22; 1997, c. 34, s. 7.
23. Within 15 days of publication of the notice, every elector may inform the Commission in writing of his objection to the by-law.
1987, c. 57, s. 23.
24. The Commission shall inform the municipality in writing of any objection received within the prescribed time.
1987, c. 57, s. 24.
25. The Commission shall hold a public meeting to hear the persons present in respect of the by-law, if the number of objections received within the prescribed time is equal to or exceeds the number needed under section 18 to require the holding of a public meeting of the council in respect of the draft by-law.
1987, c. 57, s. 25.
26. Not later than ten days before the public meeting, the Commission shall publish, in a newspaper having general circulation in the municipality, a notice indicating the place, day, time and purpose of the meeting and transmit a copy thereof to the municipality.
1987, c. 57, s. 26.
27. The municipality is entitled to be heard at the public meeting held by the Commission.
The persons present may make representations verbally or table documents.
1987, c. 57, s. 27.
28. (Repealed).
1987, c. 57, s. 28; 1997, c. 34, s. 9.
29. (Repealed).
1987, c. 57, s. 29; 1997, c. 34, s. 9.
30. The by-law dividing the territory of the municipality into electoral districts must come into force, in accordance with the Act governing the municipality, before 1 November of the calendar year preceding that in which the general election for which the division is required is to be held. However, a coming into force that is not conditional on the approval provided for in the second paragraph of section 12 shall not occur before the forty-fifth day after the transmission provided for in the second paragraph of section 21, unless the municipality is informed in the meantime that the Commission does not propose any amendment to the by-law.
As soon as practicable after the coming into force of the by-law, the clerk or the secretary-treasurer shall transmit a certified copy thereof to the Commission. The council may transmit to the Commission, in lieu of the certified copy of the by-law, a notice indicating that the text in force is identical to the text adopted, and specifying the dates on which it comes into force and is passed.
The first and second paragraphs do not apply if the Commission decides, after holding a public meeting, that the division required by by-law is not to be effected.
1987, c. 57, s. 30; 1997, c. 34, s. 10.
31. The Commission shall divide into electoral districts the territory of a municipality whose council has not passed a by-law to that effect within the time prescribed in section 21.
Where the council has passed the by-law but has not put it into force within the time prescribed in section 30, the Commission shall make the division or put the by-law into force.
Notwithstanding the foregoing, the council may, even after the expiry of the prescribed time, pass the by-law or put it into force so long as the division made by the Commission has not come into force or the by-law has not been put into force by the Commission.
The Commission shall also make the division where, after holding a public meeting in respect of the by-law passed by the council, it considers that the division required by the by-law is not to be effected.
Before making a decision under this section, the Commission may hold a public meeting to hear the persons present in respect of the division into districts it proposes or the by-law of the municipality, as the case may be.
1987, c. 57, s. 31; 1997, c. 34, s. 11.
32. The Commission shall transmit to the municipality a certified copy of the decision whereby the division into electoral districts is effected or the by-law of the municipality is put into force.
1987, c. 57, s. 32.
33. The Commission shall publish a notice of its decision in a newspaper having general circulation in the municipality.
The notice shall set forth
(1)  the object of the decision whereby the division into electoral districts is effected by the Commission, or the object of the by-law of the municipality, as the case may be;
(2)  the description of the boundaries of the electoral districts;
(3)  the date on which the decision is made or the by-law is passed, as the case may be;
(4)  the place, days and hours for examining the decision or the by-law, as the case may be.
In addition to or in lieu of the description required under subparagraph 2 of the first paragraph, the notice may include a map or a sketch of the proposed electoral districts.
1987, c. 57, s. 33; 1997, c. 34, s. 12.
34. A division into electoral districts effected by the Commission or a by-law put into force by the Commission, as the case may be, comes into force on the day of publication of the notice.
1987, c. 57, s. 34.
35. The costs relating to a division into electoral districts effected by the Commission shall be borne by the municipality.
1987, c. 57, s. 35.
36. The division into electoral districts applies for the purposes of the first general election following the coming into force of the by-law of the municipality or of the decision of the Commission, as the case may be. It also applies for the purposes of any subsequent by-election held before the second general election following the coming into force of the by-law or decision.
1987, c. 57, s. 36.
36.1. As soon as possible after the coming into force of the by-law of the municipality or the decision of the Commission dividing the territory of the municipality into electoral districts, the clerk or secretary-treasurer shall transmit the description of the electoral districts to the chief electoral officer according to the parameters he determines.
1995, c. 23, s. 57.
37. Except on a question of jurisdiction, no extraordinary recourse provided in articles 834 to 850 of the Code of Civil Procedure (chapter C-25) may be taken nor any injunction granted against the Commission or any of its members or employees acting in the performance of their duties.
A judge of the Court of Appeal may, on motion, summarily annul any writ, order or injunction issued contrary to the first paragraph.
1987, c. 57, s. 37.
38. The Commission or any of its members or employees may, in the performance of their duties, examine any document held by a municipality and obtain copy of it free of charge.
1987, c. 57, s. 38.
39. The chairman of the Commission shall coordinate and distribute the work of the members of the Commission.
Any member of the Commission designated by the chairman for that purpose may exercise any power or perform any duty indicated by the chairman.
1987, c. 57, s. 39.
40. The Commission may, in respect of a municipality having a population of under 20,000, delegate the exercise of any power or the performance of any duty it indicates to any person it designates for that purpose.
The instrument of delegation shall be published in the Gazette officielle du Québec.
1987, c. 57, s. 40.
DIVISION IV
MUNICIPALITIES WHOSE TERRITORY IS DIVIDED INTO WARDS
41. A municipality that is not required to divide its territory into electoral districts may maintain the division into wards existing on 31 December 1987.
The council of such a municipality may, by by-law, order that the territory of the municipality cease to be divided for election purposes, on the terms and conditions it determines.
The clerk or the secretary-treasurer shall transmit a certified copy of the by-law to the chief electoral officer as soon as possible after its coming into force.
1987, c. 57, s. 41; 1990, c. 47, s. 21; 1997, c. 34, s. 13.
DIVISION V
EFFECTS OF ALTERATION OF TERRITORIAL BOUNDARIES OF MUNICIPALITY ON DIVISION THEREOF FOR ELECTION PURPOSES
1990, c. 47, s. 22.
41.1. The Minister of Municipal Affairs and Greater Montréal may, by order, allow a municipality whose territorial boundaries have been altered to maintain division into wards. The order shall contain the new description of the boundaries of the ward affected by the alteration of the territorial boundaries of the municipality and shall specify the period during which division into wards is to be maintained, where that is the case.
Where the territorial boundaries are altered in a municipality which is divided into electoral districts or in a municipality whose council has passed a draft by-law pursuant to section 14, the Minister may, by order, temporarily delimit the electoral district affected by the alteration of the boundaries of the municipality. The order shall contain the new description of the boundaries of the district and specify the period for which it is valid and, where that is the case, prescribe a reduction in the number of electoral districts fixed by by-law; as a result of such a reduction, the number of electoral districts may fall below the minimum number set out in section 9.
The addition of territory by annexation does not constitute an alteration of territorial boundaries for the purposes of the first and second paragraphs.
1990, c. 47, s. 22; 1999, c. 43, s. 13.
41.2. The order comes into force on its date of publication in the Gazette officielle du Québec or on any later date indicated in the order.
1990, c. 47, s. 22.
41.3. As soon as possible after the publication of the order, the clerk or the secretary-treasurer shall give public notice of the publication in the municipality.
1990, c. 47, s. 22.
CHAPTER IV
COMPOSITION OF THE COUNCIL
42. The council of a municipality whose territory is divided into electoral districts shall be composed of the mayor and one councillor for each electoral district.
1987, c. 57, s. 42.
43. The council of a municipality whose territory is divided into wards shall be composed of the mayor and the number of councillors prescribed for each ward by the Act, letters patent, by-law or other juridical instrument governing the municipality in that respect.
1987, c. 57, s. 43.
44. The council of a municipality whose territory is not divided for election purposes shall be composed of the mayor and six councillors.
1987, c. 57, s. 44.
45. On the application of a municipality whose territory is not divided for election purposes, the Minister of Municipal Affairs and Greater Montréal may fix, on the terms and conditions he determines, a number of councillors under or over six.
In similar manner, the Minister may order the number of councillors of the municipality again fixed at six.
The Minister shall publish a notice of his decision in the Gazette officielle du Québec.
1987, c. 57, s. 45; 1999, c. 43, s. 13.
46. The council of a municipality whose territory is not divided for election purposes shall assign a number to the seat of each councillor.
The council of a municipality whose territory is divided into wards shall assign a number to the seat of each councillor in each ward for which there is more than one councillor.
Until the council numbers the seats, each seat shall be numbered according to the alphabetical order of the names of the councillors in office on 31 December 1987 and of the last persons who held the seats that are vacant on that date.
1987, c. 57, s. 46.
CHAPTER V
PARTIES TO AN ELECTION
DIVISION I
ELECTORS
47. Every person of full age, being a Canadian citizen and being neither under curatorship nor under any voting disqualification pursuant to section 53, is an elector of a municipality upon fulfilling one of the following two conditions :
(1)  the person has been domiciled in the territory of the municipality and, for at least six months, in Québec;
(2)  the person has been, for at least 12 months, the owner of an immovable or the occupant of a business establishment, within the meaning of the Act respecting municipal taxation (chapter F‐2.1), situated in the territory of the municipality.
1987, c. 57, s. 47; 1989, c. 54, s. 169; 1999, c. 25, s. 1; 1999, c. 40, s. 114.
48. The domicile of a person is as provided in the Civil Code for all civil purposes.
Notwithstanding the foregoing, a person who has left his principal establishment in Québec for more than one year is deemed to have changed his domicile, except where he carries on duties outside Québec on behalf of the Government of Québec or of Canada.
1987, c. 57, s. 48.
49. A detained person retains his domicile notwithstanding his detention.
1987, c. 57, s. 49.
50. A person who leaves his domicile temporarily to work or study in the territory of another municipality may be considered as being domiciled either in the territory where his actual domicile is situated or in the territory where he resides for the purposes of his work or studies.
A person lodged in a facility maintained by an institution operating a hospital centre, a residential and long-term care centre or a rehabilitation centre within the meaning of the Act respecting health services and social services (chapter S-4.2) or operating a hospital centre or reception centre within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) may be considered as being domiciled either at his actual domicile or at the said facility or centre.
A person is deemed to choose to be considered domiciled at the place where he resides rather than at his actual domicile where he makes an application to that effect during the revision of the list of electors or referendum list. The person’s choice shall be valid until it is revoked and as long as the person resides at the same place.
1987, c. 57, s. 50; 1992, c. 21, s. 153; 1994, c. 23, s. 23.
51. The rules provided in the Civil Code concerning the setting up, against third persons, of acts transferring immovable real rights apply in determining whether a person is the owner of an immovable.
1987, c. 57, s. 51.
52. To exercise the right to vote, a person must, at the time of voting, be an elector of the municipality and have his name entered on the list of electors of the municipality.
An elector who has obtained an authorization to vote under the first paragraph of section 219 is, after being admitted to vote under the second paragraph of that section, deemed to have his name entered on the list at the place where it should have been entered.
1987, c. 57, s. 52; 1989, c. 54, s. 170; 1997, c. 34, s. 14; 1999, c. 25, s. 2.
53. A person is disqualified from voting in a municipal election if he is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3).
The disqualification shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
1987, c. 57, s. 53; 1989, c. 1, s. 596; 1990, c. 4, s. 405.
54. Every person who is an elector on 1 September of the calendar year in which a regular election is to be held is entitled to have his name entered on the list of electors.
However,
(1)  in the case of a sole owner of an immovable or a sole occupant of a business establishment, an entry as such is conditional upon the receipt by the municipality of a writing signed by the owner or occupant and requesting such an entry ;
(2)  in the case of undivided co-owners of an immovable or co-occupants of a business establishment, only the co-owner or the co-occupant designated for that purpose by a power of attorney is entitled to have his name entered on the list of electors as the owner of the immovable or as the occupant of the business establishment, and the entry as such is conditional upon the receipt by the municipality of the power of attorney.
1987, c. 57, s. 54; 1999, c. 25, s. 3; 1999, c. 40, s. 114.
55. Co-owners or co-occupants who are electors on 1 September of the calendar year in which a regular election must be held shall designate, from among themselves, if necessary, by means of a power of attorney signed by a majority of them, a person not otherwise entitled under section 58 to be entered on the list of electors in a higher ranking capacity.
1987, c. 57, s. 55; 1997, c. 34, s. 15; 1999, c. 25, s. 4.
55.1. An application for entry referred to in subparagraph 1 of the second paragraph of section 54 or the power of attorney referred to in section 55 must be transmitted to the returning officer not later than 35 days before polling day. It takes effect upon receipt and remains valid until it is withdrawn or replaced.
An application for entry or a power of attorney transmitted after the time prescribed in the first paragraph but before the end of the work of the board of revisors on the last day fixed for making applications under section 132 shall be considered an application to amend the list of electors unless the returning officer has taken it into account before the deposit of the list. The returning officer shall transmit the application for entry or the power of attorney, as the case may be, to the competent board of revisors.
1999, c. 25, s. 5.
56. Not later than 40 days before polling day, the returning officer shall give a public notice stating that sole owners or occupants and designated co-owners and co-occupants are entitled to have their names entered on the list of electors and mentioning how they may obtain information on the rules governing the entry of their names on the list of electors.
The notice shall invite sole owners and occupants who wish to make a first application for entry or to withdraw the existing entry to transmit to the returning officer, within the prescribed time, the application or a signed writing requesting the withdrawal.
The notice shall also invite co-owners and co-occupants who wish to make a first designation or replace the existing designation to transmit to the returning officer, within the prescribed time, the power of attorney.
1987, c. 57, s. 56; 1997, c. 34, s. 16; 1999, c. 25, s. 6.
57. In no case may the name of a person appear more than once on the list of electors of the municipality.
1987, c. 57, s. 57.
58. A person who, on 1 September of the calendar year in which a regular election is to be held, is an elector in several capacities shall be registered in only one capacity according to the following order of preference:
(1)  as a domiciled person;
(2)  as the sole owner of an immovable;
(3)  as the sole occupant of a business establishment;
(4)  as an undivided co-owner of an immovable;
(5)  as a co-occupant of a business establishment.
Where several immovables are contemplated in subparagraph 2 or 4 of the first paragraph, the immovable with the highest property value shall be the immovable considered. Where several business establishments are contemplated in subparagraph 3 or 5 of the said paragraph, the business establishment with the highest rental value shall be the business establishment considered.
1987, c. 57, s. 58; 1999, c. 40, s. 114.
59. Every elector whose name is entered on the list of electors of an electoral district or ward is entitled to vote for a candidate for each of the offices of mayor and of councillor of the district or ward.
1987, c. 57, s. 59.
60. Every elector whose name is entered on the list of electors of a municipality whose territory is not divided for election purposes is entitled to vote for a candidate for each of the offices of mayor and of councillor of the municipality.
1987, c. 57, s. 60.
DIVISION II
CANDIDATES
61. A person is eligible for office as a member of the council of a municipality if he is entitled to have his name entered on the list of electors of the municipality and if he has resided, continuously or not, in the territory of the municipality for at least 12 months on 1 September of the calendar year in which a regular election is to be held.
1987, c. 57, s. 61; 1999, c. 25, s. 7.
62. The following persons are ineligible:
(1)  judges of the courts of justice;
(2)  the chief electoral officer and the other members of the Commission de la représentation;
(3)  ministers of the Government of Québec or of Canada;
(4)  public servants, other than employees within the meaning of the Labour Code (chapter C-27), of the Ministère des Affaires municipales et de la Métropole, or of any other department who are assigned to the Ministère des Affaires municipales et de la Métropole on a permanent basis;
(5)  members and officers, other than employees within the meaning of the Labour Code, of the Commission municipale du Québec;
(6)  the Attorney General’s substitutes having permanent tenure;
(7)  (paragraph repealed).
1987, c. 57, s. 62; 1996, c. 73, s. 17; 1997, c. 43, s. 226; 1999, c. 43, s. 13.
63. The following persons are also ineligible for office as members of the council of a municipality:
(1)  the officers or employees of the municipality except those who provide their services to fight fires on an occasional basis and who are commonly called “volunteer firemen” and except persons who are considered only for the purposes of the law to be officers or employees of the municipality;
(2)  (paragraph repealed);
(3)  the election officers of the municipality;
(4)  the official agents of parties holding an authorization that is valid in the municipality under Chapter XIII, their assistants and the official agents of independent candidates at the current election.
1987, c. 57, s. 63; 1990, c. 85, s. 122; 1996, c. 73, s. 18.
64. Any person holding the office of leader of a party or any independent candidate at a previous election whose financial report or return of election expenses required under any of sections 408, 419, 479, 484, 485 or 492 has not been transmitted within the prescribed time is ineligible until the report or return is transmitted.
Where the party no longer exists, the person who is ineligible under the first paragraph is the last holder of the office of leader of the party.
For the purposes of this section, the meaning of the word leader is the meaning given to that word in section 364.
1987, c. 57, s. 64.
65. Any independent candidate at a previous election who has not paid in full the debts arising from his election expenses in accordance with section 474 is ineligible for four years from his default.
Notwithstanding the foregoing, the ineligibility affecting an elected independent candidate shall cease on the day of the transmission of the financial report establishing that the debts have been paid in full where the transmission occurs before the expiry of the four-year period.
1987, c. 57, s. 65.
66. Every person disqualified to hold office as a member of the council of a municipality under any of sections 301 to 307 is ineligible for such an office.
Every person who, following a judgment that has become a res judicata, is disqualified under any of sections 568, 569 and 573 of the Cities and Towns Act (chapter C‐19), sections 935, 1082 and 1094 of the Municipal Code of Québec (chapter C‐27.1), section 12.8 of the Act respecting the Communauté urbaine de Montréal (chapter C‐37.2), section 6 of the Municipal Works Act (chapter T‐14), sections 204 and 358 of the Act respecting Northern villages and the Kativik Regional Government (chapter V‐6.1), section 289a of the Charter of the City of Québec (1929, chapter 95) and articles 107 and 724 of the Charter of the city of Montréal (1959-60, chapter 102) is also ineligible.
1987, c. 57, s. 66; 1997, c. 34, s. 17; 1999, c. 25, s. 8.
67. A person is ineligible for office as a member of the council of a municipality if he holds office as member of the council of another municipality, or if he is a candidate for such an office or has been declared elected thereto for 30 days or less.
Any person who is already holding another office on the council of a municipality is also ineligible for office as a member of the council, except in the event of an election at which the office held by him is open for nominations or ceases to exist.
1987, c. 57, s. 67; 1989, c. 56, s. 1.
DIVISION III
ELECTION OFFICERS
68. The election officers of a municipality include the returning officer, the election clerk and, as the case may be, any assistant, deputy returning officer, poll clerk, member of an identity verification panel, officer in charge of information and order, and every member, secretary and revising officer of a board of revisors and any other person whose services are temporarily required by the returning officer.
1987, c. 57, s. 68; 1995, c. 23, s. 58; 1997, c. 34, s. 18; 1999, c. 15, s. 31.
69. A person is not qualified to hold office as an election officer of any municipality if he is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3).
The disqualification shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
1987, c. 57, s. 69; 1989, c. 1, s. 597; 1990, c. 4, s. 405.
70. The clerk or the secretary-treasurer of the municipality is the returning officer of the municipality ex officio. He may refuse to act as such only with the authorization of the Commission municipale du Québec.
Where the clerk or the secretary-treasurer is unable or refuses to act or where the office of clerk or secretary-treasurer is vacant, his assistant is the returning officer ex officio. Where he has no assistant, or the office of assistant is vacant or the assistant is unable to act, the Commission shall appoint the returning officer.
The second paragraph does not apply where an election clerk is in office and he is not unable to act.
The Commission may, for cause, dismiss the returning officer after giving him an opportunity to be heard, and designate his substitute.
1987, c. 57, s. 70.
71. The returning officer shall ensure that the election is properly conducted and, for that purpose, shall see to the training of the other election officers and direct their work.
For that purpose, the returning officer may issue directives that are binding on all the persons to whom they apply.
1987, c. 57, s. 71.
72. The returning officer shall appoint an election clerk before issuing the notice of election.
Where the returning officer takes office after his predecessor has issued the notice of election, he shall appoint an election clerk as soon as practicable after taking office.
1987, c. 57, s. 72.
73. The election clerk shall assist the returning officer in the performance of his duties and, for that purpose, he shall carry out the duties delegated to him by the returning officer.
The election clerk shall replace the returning officer if the latter is unable to act or if the office of returning officer is vacant for as long he is so unable or the office remains vacant.
1987, c. 57, s. 73.
74. The returning officer may appoint any assistant he considers necessary.
1987, c. 57, s. 74.
75. The assistant shall perform the duties delegated to him by the returning officer.
The assistant may subdelegate all or part of his duties with the authorization of the returning officer.
The person delegating or subdelegating duties may define the territory in which the delegation has effect.
1987, c. 57, s. 75.
76. The returning officer shall appoint a deputy returning officer and a poll clerk for each polling station.
Where there is only one polling station, the returning officer himself may perform the duties of deputy returning officer and the election clerk may perform the duties of poll clerk.
1987, c. 57, s. 76.
77. Where candidates of more than one party authorized under Chapter XIII were elected to the council of a municipality having a population of 100,000 or over at the last general election, the returning officer shall appoint as deputy returning officer and as poll clerk persons recommended by the party with the greatest number of elected candidates and by the party with the second greatest number of elected candidates, respectively.
In case of equality between parties for the greatest or second greatest number of elected candidates, their rank for the purposes of the first paragraph is established according to the number of votes obtained by all the candidates of each party.
1987, c. 57, s. 77.
78. The recommendation of a party is made by means of a writing signed by the leader of the party or by the person designated by him for that purpose and sent to the returning officer not later than 4:30 p.m. 16 days before polling day.
The returning officer may, on reasonable grounds, refuse a recommendation made to him. In such a case, he shall fix a time limit for the sending of a new recommendation by the person who sent the recommendation refused.
For the purposes of this section, the meaning of the word leader is the meaning given to that word in section 364.
1987, c. 57, s. 78; 1997, c. 34, s. 19.
79. If the recommendation is not received within the prescribed time, if the person recommended is not qualified to hold the office, is unable or refuses to act as such, or if the party is no longer authorized, the returning officer shall appoint the person of his choice.
1987, c. 57, s. 79.
80. The deputy returning officer shall, in particular,
(1)  see to the arrangement of the polling station;
(2)  ensure that the polling is properly conducted and maintain order in his polling station;
(3)  facilitate the exercise of the right to vote and ensure the secrecy of the vote;
(4)  proceed with the counting of the votes;
(5)  transmit the results of the vote to the returning officer and remit the ballot box to him.
1987, c. 57, s. 80.
81. The poll clerk shall, in particular, enter in the poll book the particulars relating to the conduct of the polling and assist the deputy returning officer.
1987, c. 57, s. 81.
81.1. An identity verification panel shall be established for every place where a polling station is located.
An identity verification panel is composed of three members, including a chairman, appointed by the returning officer. In the case of a municipality described in section 77, sections 77 to 79 apply with the necessary modifications to the appointment of the panel members other than the chairman.
The function of the panel members is to verify the identity of electors who have been unable to produce identification pursuant to the third paragraph of section 215. Decisions are made by a majority vote.
1999, c. 15, s. 32.
82. The returning officer may appoint an officer in charge of information and order for each place where a polling station is situated.
He shall do so for every polling place where five or more polling stations are grouped, unless all the polling stations of the municipality are grouped at the same polling place.
1987, c. 57, s. 82.
83. The officer in charge of information and order shall, in particular,
(1)  receive the electors when they enter the polling place and direct them to the polling station where they may exercise their right to vote;
(2)  ensure access to the polling stations and maintain orderly movement in the polling place;
(3)  see to it that only the number of electors allowed by law are admitted to a polling station at the same time;
(4)  see to it that only the electors who are on the premises of a polling station at the time scheduled for closing and who have not been able to vote before that time are allowed to exercise their right to vote after that time;
(5)  see to it that only the persons authorized are present on the premises of a polling station;
(6)  inform the returning officer of any situation requiring his intervention.
1987, c. 57, s. 83.
84. The returning officer may retain, on a temporary basis, the services of any other person he considers necessary for holding the election.
1987, c. 57, s. 84.
85. Before taking office, every election officer shall declare under oath that he will perform his duties according to law.
The first paragraph does not apply to the returning officer if he is the clerk or the secretary-treasurer or his assistant.
1987, c. 57, s. 85.
86. From the time an election officer, other than an officer or employee of the municipality, makes the oath, he shall not engage in partisan work.
Every municipal officer or employee who is an election officer is, with regard to partisan work, subject to Division II of Chapter VII.
1987, c. 57, s. 86.
87. As soon as practicable after making the oath, each election officer shall be registered on a list posted up in the office of the municipality.
The name of any election officer who ceases to hold office shall be struck from the list as soon as practicable.
Every election officer who has ceased to hold office shall return to the returning officer all the documents and materials pertaining to his functions that he may have in his possession.
1987, c. 57, s. 87.
88. Every election officer is entitled to receive remuneration or an expense allowance from the municipality for the duties he performs.
The council of the municipality may establish a tariff of remuneration or allowances; it may delegate that power to the executive committee, if any. Any tariff fixing a remuneration or allowance lower than that fixed in the tariff established by the Minister of Municipal Affairs and Greater Montréal under Title III requires the approval of the Minister.
An election officer of a municipality which has not established a tariff or which has not fixed the officer’s remuneration or allowance in the tariff is entitled to the remuneration or allowance fixed in the tariff established by the Minister or, failing that, agreed upon with the returning officer.
1987, c. 57, s. 88; 1999, c. 43, s. 13.
88.1. No penalty may be imposed by the municipality on any election officer who is an officer or employee of the municipality for acts performed in good faith by the election officer in the performance of his duties, even outside the election period within the meaning of section 364.
Any contravention of the first paragraph authorizes the person on whom the penalty is imposed to assert his rights before a labour commissioner appointed under the Labour Code (chapter C‐27), in the same manner as if it were a case of dismissal, suspension or transfer of an employee, of the practice of discrimination, the taking of reprisals or the imposition of any other sanction by reason of the exercise by the employee of a right arising under the Labour Code. Sections 15 to 20, 118 to 137, 139, 139.1, 140, 146.1 and 150 to 152 of the Labour Code then apply, with the necessary modifications.
The second paragraph does not apply if the person on whom the penalty is imposed may appeal therefrom, under section 72 of the Cities and Towns Act (chapter C‐19) or article 181 of the Municipal Code of Québec (chapter C-27.1), before the Commission municipale du Québec.
1999, c. 25, s. 9.
DIVISION IV
CHIEF ELECTORAL OFFICER
89. The chief electoral officer may make recommendations and issue directives to the returning officer regarding the performance of the latter’s duties.
1987, c. 57, s. 89; 1999, c. 25, s. 10.
90. The chief electoral officer may, on request, provide the returning officer with any assistance he may need to perform his duties.
1987, c. 57, s. 90.
90.1. The chief electoral officer may, of his own initiative or at the request of a person, inquire into the application of this chapter, Chapters VI to VII.1, Division I of Chapter XII and Chapters XIII and XIV.
1999, c. 25, s. 11.
90.2. The chief electoral officer may refuse to make or to pursue an inquiry where he considers the request frivolous, vexatious or made in bad faith, or unnecessary in the circumstances.
1999, c. 25, s. 11.
90.3. Where the chief electoral officer refuses to make or to pursue an inquiry at the request of a person, he must inform that person of his refusal and give the reasons therefor in writing.
1999, c. 25, s. 11.
90.4. For his inquiries, the chief electoral officer or the person designated by him is vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.
Articles 307 to 309 of the Code of Civil Procedure (chapter C-25) apply to witnesses heard at an inquiry.
1999, c. 25, s. 11.
91. The chief electoral officer may entrust the exercise of any power or any function he indicates that is assigned to him under this Act to such person as he may designate.
1987, c. 57, s. 91; 1999, c. 25, s. 12.
DIVISION V
REPRESENTATIVES OF CANDIDATES AND POLL RUNNERS
92. A party authorized under Chapter XIII or a ticket recognized under Division III of Chapter VI may designate a person for each polling station where a vote may be cast in favour of one or several of its candidates, and give him a power of attorney to represent the candidate or all the candidates, as the case may be, before the deputy returning officer.
1987, c. 57, s. 92.
93. An independent candidate may designate a person for each polling station where a vote may be cast in his favour, and give him a power of attorney to represent him before the deputy returning officer.
1987, c. 57, s. 93.
94. Every representative assigned to a polling station shall declare under oath that he will not disclose the name of the candidate for whom a person has voted in his presence.
1987, c. 57, s. 94.
95. A candidate may be present wherever his representative is authorized to act, assist him in performing his duties or replace him.
A candidate who has no representative may act where a representative could act.
1987, c. 57, s. 95.
96. An authorized party or a recognized ticket may designate a poll runner for each polling place where there is a polling station at which a vote may be cast in favour of one or several of its candidates, and give him a power of attorney to periodically collect a list of the persons who have already exercised their right to vote.
An independent candidate may in the same manner designate a poll runner for each polling place where there is a polling station at which a vote may be cast in his favour.
The first two paragraphs do not apply to advance polls.
1987, c. 57, s. 96.
97. A person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3) is disqualified from holding office as a representative or a poll runner.
The disqualification shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
1987, c. 57, s. 97; 1989, c. 1, s. 598; 1990, c. 4, s. 405.
98. The power of attorney shall be signed by the leader of the party or of the ticket, by the independent candidate or by the person designated by the leader or the candidate for that purpose in a writing transmitted to the returning officer.
The power of attorney shall be presented to the deputy returning officer.
The power of attorney of a representative is valid for the duration of the poll and of the counting of votes taking place at the polling station to which he is assigned. The power of attorney of a poll runner is valid for the whole duration of the poll.
For the purposes of this section, the meaning of the word leader , in the case of a party, is the meaning given to that word in section 364.
1987, c. 57, s. 98.
CHAPTER VI
ELECTION PROCEEDINGS
DIVISION I
NOTICE OF ELECTION
99. Not later than fifty-eight days before polling day, the returning officer shall give a public notice setting forth the following particulars:
(1)  every office on the council that is open for nominations;
(2)  the place, days and hours for filing nomination papers;
(3)  the fact that where two or more candidates are nominated for the same office, an advance poll and a poll will be held to elect one of them;
(4)  the date of the advance poll and the opening and closing times of the polling station or stations on that day;
(5)  the date of polling day and the opening and closing times of the polling station or stations on that day;
(6)  the name of the election clerk;
(7)  the telephone number of the office of the returning officer.
1987, c. 57, s. 99.
DIVISION II
LIST OF ELECTORS
§ 1.  — Preparation
100. The returning officer shall request in writing that the chief electoral officer transmit to him a list of the electors whose names are entered on the permanent list of electors and who are entitled to have their names entered on the municipal list to be used in the election.
The request shall be made in the manner determined by the chief electoral officer. It must specify the date on which the qualification to vote of electors must be ascertained, describe the territory concerned by the election and indicate the date on which and form in which the list must be transmitted.
The chief electoral officer shall transmit the list requested not later than the date specified in the request.
The costs relating to the production of the list, established under section 549 of the Election Act (chapter E-3.3), shall be charged to the municipality.
1987, c. 57, s. 100; 1995, c. 23, s. 59.
100.1. The chief electoral officer shall also transmit to the returning officer the information relating to the electors in whose respect he is unable to update the entries on the permanent list of electors.
The chief electoral officer shall also transmit a list of the addresses in the territory concerned by the request provided for in section 100 for which no electors’ names are entered on the list.
1997, c. 8, s. 23; 1997, c. 34, s. 20.
101. Not later than 30 days before polling day, the returning officer shall draw up the list of electors, adding to the names on the list transmitted by the chief electoral officer the names of the persons entitled to have their names entered on the municipal list by reason of ownership of an immovable or occupancy of a business establishment.
1987, c. 57, s. 101; 1995, c. 23, s. 59; 1999, c. 40, s. 123.
101.1. The list shall be prepared, where applicable, by electoral districts or by wards.
The list of electors in a district or ward shall constitute the list of electors of that district or ward, and the list of electors of all the districts and wards shall constitute the list of electors of the municipality.
1995, c. 23, s. 59.
102. The list shall be prepared according to the situation of the immovables, by thoroughfares, ranges or other sectors, following the numerical order of the immovables, including apartment or room numbers or, failing that, the numerical order of the cadastre.
1987, c. 57, s. 102.
103. The list shall contain the name and address of the elector and, so far as it may be obtained, his date of birth.
The address of an elector shall be, according to the capacity under which he is entitled to have his name entered on the list, the number of the immovable of his domicile, of the immovable of which he is the owner or of the business establishment of which he is the occupant. The number of the immovable shall include the apartment or room number, if any. If the immovable has no number, the cadastral number shall be used.
1987, c. 57, s. 103; 1995, c. 23, s. 60; 1999, c. 40, s. 114.
104. The returning officer shall divide the list of electors into polling subdivisions.
The polling subdivisions must have, as far as practicable, an equal number of electors close to 300.
1987, c. 57, s. 104.
105. After completing the list, the returning officer shall deposit it in the office of the municipality.
1987, c. 57, s. 105.
106. Every candidate for the office of mayor is entitled to obtain, on request and free of charge, a maximum of five copies of the list of electors of the municipality.
Every candidate for the office of councillor for an electoral district or a ward is entitled to obtain, on request and free of charge, a maximum of five copies of the list of electors of the district or ward.
Every candidate for the office of councillor of a municipality whose territory is not divided for election purposes is entitled to obtain, on request and free of charge, not more than two copies of the list of electors of the municipality.
1987, c. 57, s. 106.
107. (Repealed).
1987, c. 57, s. 107; 1995, c. 23, s. 61.
108. A person who withdraws his nomination after having obtained free copies of the list of electors shall return all copies obtained to the returning officer.
1987, c. 57, s. 108; 1995, c. 23, s. 62.
109. Not later than 23 days before polling day, the returning officer shall transmit, free of charge, one copy of the list of electors to each party authorized under Chapter XIII or ticket recognized under Division III of this chapter.
Each party or ticket whose authorization or recognition is withdrawn and which obtained free copies of the list of electors must return all copies obtained to the returning officer.
1987, c. 57, s. 109; 1995, c. 23, s. 63.
109.1. The returning officer and a candidate, party or ticket entitled to receive a copy of the list of electors of the municipality, or of a district or ward, may agree that the copy be transmitted by the returning officer in computer-readable form and that, in such a case, it will be returned in the same form.
A copy transmitted in such manner replaces any copy a candidate, party or ticket is entitled to receive under section 106 or 109.
1995, c. 23, s. 64.
§ 2.  — Revision
1997, c. 34, s. 21.
A.  — Cases where revision is carried out
1997, c. 34, s. 21.
110. Where a poll must be held, the list of electors of the municipality or, as the case may be, of the electoral district or ward shall be revised.
Where no poll is to be held, the list may be revised by decision of the returning officer.
Where the holding of a poll ceases to be necessary following the end of the period for filing nomination papers, the returning officer shall decide whether the revision is to be continued or interrupted. If he decides to interrupt the revision, he shall give public notice thereof as soon as practicable.
1987, c. 57, s. 110; 1997, c. 34, s. 21.
B.  — Establishment and functioning of the board of revisors
1997, c. 34, s. 21.
111. The returning officer shall establish a board of revisors.
The returning officer may establish several boards of revisors and apportion and coordinate their work.
1987, c. 57, s. 111; 1997, c. 34, s. 21.
112. Not later than 22 days before polling day, the returning officer shall determine the place where each board of revisors will sit.
The place must, insofar as is practicable, be accessible to handicapped persons.
1987, c. 57, s. 112; 1997, c. 34, s. 21.
113. The returning officer shall, not later than 22 days before polling day, inform each party authorized under Chapter XIII or each ticket recognized under Division III of this chapter and each independent candidate concerned of his decision.
1987, c. 57, s. 113; 1997, c. 34, s. 21.
114. Each board of revisors shall be composed of three revisors appointed by the returning officer.
The returning officer may be a member of a board.
1987, c. 57, s. 114; 1997, c. 34, s. 21.
115. In the case of a municipality having a population of 100,000 or over, if the council is composed of candidates elected at the last general election from more than one party authorized Chapter XIII, the returning officer shall appoint as revisors a person recommended by the party which elected the greatest number of candidates and another person recommended by the party which elected the second greatest number of candidates.
In the case of an equal number of candidates being elected from each party, the rank of the parties for the purposes of the first paragraph is established according to the aggregate of the votes obtained by the candidates of each party.
1987, c. 57, s. 115; 1997, c. 34, s. 21.
116. A party shall make its recommendation by means of a writing signed by the leader of the party or by the person designated by him for that purpose and sent to the returning officer within the time prescribed by the returning officer.
The returning officer may, on reasonable grounds, refuse a recommendation made to him. In such a case, he shall fix a time limit for the sending of a new recommendation by the person who sent the recommendation refused.
For the purposes of this section, the word leader has the meaning assigned by section 364.
1987, c. 57, s. 116; 1997, c. 34, s. 21.
117. The returning officer shall appoint a person of his choice if the recommendation has not been received within the prescribed time, if the person recommended is not qualified to hold the office or is unable or refuses to do so, or if the party is no longer authorized.
1987, c. 57, s. 117; 1997, c. 34, s. 21.
118. The returning officer shall appoint the chairman and the vice-chairman of the board of revisors from among its members.
The returning officer shall be the chairman of the board of which he is a member.
A member recommended by an authorized party may not be appointed chairman of a board of revisors. The member recommended by the authorized party which elected the greatest number of candidates at the last general election shall be appointed vice-chairman of the board.
1987, c. 57, s. 118; 1997, c. 34, s. 21.
119. The returning officer may appoint a secretary to the board of revisors, whose chief duties shall be to draw up notices of hearings and summonses, to assist the board in the performance of its work and to record all decisions of the board.
1987, c. 57, s. 119; 1997, c. 34, s. 21.
120. The returning officer may appoint any revising officer he considers necessary, whose chief duties shall be to serve notices of hearings and summonses and to gather, at the request of the board of revisors, any information relevant to the making of a decision.
1987, c. 57, s. 120; 1997, c. 34, s. 21.
121. Before the beginning of the work of the board of revisors, the returning officer shall provide the revisors with
(1)  two copies of the list of electors to be revised, one of which shall be for the use of the revisors and one of which shall be made available for public examination at the place where the board is sitting;
(2)  the information transmitted by the chief electoral officer under section 100.1 which is within the competence of the board.
No mention of the date of birth of electors shall be made on the copy deposited for examination.
1987, c. 57, s. 121; 1997, c. 34, s. 21.
122. The board of revisors shall sit on the days and at the times fixed by the returning officer, subject to the second paragraph of section 132, during the period beginning on the day on which the public notice of revision is published and ending on the tenth day before polling day.
The returning officer shall, not later than 22 days before polling day, notify each party authorized under Chapter XIII or each ticket recognized under Division III of this chapter and each independent candidate concerned of his decision.
The chairman of the board of revisors may, after consulting with the returning officer, extend the hours of sittings of the board of revisors.
1987, c. 57, s. 122; 1997, c. 34, s. 21; 1999, c. 25, s. 13.
123. Two revisors shall constitute a quorum of the board of revisors.
1987, c. 57, s. 123; 1997, c. 34, s. 21.
124. Every question submitted to the board of revisors shall be decided by a majority vote.
In the event of a tie-vote, the chairman or, in his absence, the vice-chairman shall have a casting vote.
1987, c. 57, s. 124; 1997, c. 34, s. 21.
C.  — Revision process
1997, c. 34, s. 21.
125. Not later than 22 days before polling day, the returning officer shall give a public notice setting forth
(1)  the fact that the list of electors will be revised;
(2)  the requirements to be met by a person to be an elector and to be entitled to have his name entered on the list;
(3)  the place, days and times fixed for examination of the list and the making of applications for entry, striking off or correction;
(4)  the fact that the information and documents provided for in the second paragraph of section 133 must be provided to the board of revisors upon the making of an application for entry by a person domiciled in the territory of the municipality.
Where the notice is given before the end of the period for filing nomination papers, it may indicate that the list will be revised only if the holding of a poll makes revision mandatory.
1987, c. 57, s. 125; 1997, c. 34, s. 21.
126. Not later than five days before the last day fixed for the making of applications for entry, striking off or correction, the returning officer shall
(1)  cause an extract of the list of electors to be revised for a polling subdivision to be distributed to each address in that subdivision, along with the particulars contained in the public notice of revision;
(2)  forward to each person whose name is entered on the list of electors to be revised a notice that reproduces the particulars concerning that person which appear on the list and that includes the particulars contained in the public notice, and cause to be distributed, where he considers it appropriate, to each residential address for which no elector’s name is entered on the list of electors to be revised and which is within the territory of the municipality or, as the case may be, the district or ward concerned by the list to be revised, a notice indicating that no electors’ names are entered on the list and that includes the particulars contained in the public notice; or
(3)  post in the polling subdivision, at a place of convenient access to the public and protected from bad weather, the extract of the list of electors to be revised for that subdivision, along with the particulars contained in the public notice.
The individual notices to be forwarded pursuant to subparagraph 2 of the first paragraph to persons having the same address may be combined in one notice.
In the case of a municipality governed by the Municipal Code of Québec (chapter C-27.1), the posting required under subparagraph 3 of the first paragraph may be supplemented or replaced by a posting of the whole list of electors to be revised at places where the public notices of the municipality are posted.
No mention of the date of birth of electors shall be made on the list of electors or extract distributed or posted in accordance with this section.
Where several boards of revisors are established, the only particulars provided for in subparagraph 3 of the first paragraph of section 125 that are to accompany the extract distributed or posted under the first paragraph of this section or that are to be included in the notice sent or distributed under that paragraph are the particulars concerning the board responsible for the revision of the part of the list corresponding to the extract or including the name of the person to whom the notice is sent or that would include the name of the elector if a name were entered for the address to which the notice is distributed.
1987, c. 57, s. 126; 1997, c. 34, s. 21.
127. Where the returning officer has reasonable grounds to believe that a person whose name is not entered on the list of electors would be entitled to have it entered thereon, that a person whose name is entered on the list is not entitled to have it entered thereon or that a particular entered in respect of the person is inaccurate, he may notify the person and indicate the procedure to be followed to have his name entered, struck off or corrected, as the case may be.
1987, c. 57, s. 127; 1997, c. 34, s. 21.
128. Any person who finds that his name is not entered on the list of electors when it could be must, if he wishes to exercise his right to vote, apply in person to the competent board of revisors to have his name entered on the list.
Any person who finds that his name is entered on the list of electors when it should not be must appear in person before the competent board of revisors to apply to have his name struck off the list.
Any person who finds that his name is entered on the list of electors when he does not wish to have it entered thereon must appear in person before the competent board of revisors to apply to have his name struck off the list. He may, if he is domiciled in the territory of the municipality, request that the striking off apply only for the purposes of a municipal poll.
Any person who finds that his name is entered on the list of electors for the wrong domicile, immovable or business establishment must appear in person before the competent board of revisors to apply to have the erroneous entry struck off the list and, if he wishes to exercise his right to vote, to have his name entered correctly on the list.
Where two boards are competent to each decide one of the applications referred to in the fourth paragraph, the board before which the first application is made becomes competent to decide the other application. That board shall notify the returning officer of its decision concerning the part of the list that is not within its competence, and the returning officer shall send the notice to the other board.
1987, c. 57, s. 128; 1997, c. 34, s. 21; 1999, c. 40, s. 114.
129. If an elector whose name is entered on the part of the list of electors for a polling subdivision finds that the name of a person who is not entitled to be entered on that part has been entered thereon, he may apply in person to the competent board of revisors to have the name of that person struck off the list.
1987, c. 57, s. 129; 1997, c. 34, s. 21.
130. An elector shall apply in person to the competent board of revisors to have an error in the entry of his name, address or date of birth corrected.
1987, c. 57, s. 130; 1997, c. 34, s. 21.
131. An application for entry, striking off or correction, other than an application under section 129, may be made by the spouse, including a de facto spouse, or a relative of the person entitled to make the application, or by a person who is cohabiting with the person.
For the purposes of the first paragraph, the word “relative” means a father, mother, grandfather, grandmother, father-in-law or step-father, mother-in-law or step-mother, brother, sister, brother-in-law, sister-in-law, son, daughter, grandson, granddaughter, son-in-law or daughter-in-law.
1987, c. 57, s. 131; 1997, c. 34, s. 21.
132. Every application must be made to the board of revisors on the days and at the times fixed by the returning officer, subject to any extension decided by the chairman of the board of revisors under the third paragraph of section 122.
The returning officer shall ensure that the board holds sittings for the purpose of receiving applications on at least two days, at the latest on the second day before the last day of sittings of the board, including at least once in the evening.
According to whether the returning officer decides that the board shall hold sittings for that purpose in the morning, in the afternoon or in the evening, the board shall sit from at least 10:00 a.m. to 1:00 p.m., from 2:30 p.m. to 5:30 p.m. or from 7:00 p.m. to 10:00 p.m., respectively.
1987, c. 57, s. 132; 1997, c. 34, s. 21; 1999, c. 25, s. 14.
133. Every application before a board of revisors shall be made under oath.
The board of revisors may require the person making an application to submit to it any proof necessary for the making of a decision. However, in the case of an application to have the name of a person domiciled in the territory of the municipality entered, the board shall require from the person making the application the former address of the domicile of the person in respect of whom the application is being made as well as two documents, one showing the name and birthdate of the person in respect of whom the application is being made, the other showing the name of that person and the address of the person’s domicile.
1987, c. 57, s. 133; 1997, c. 34, s. 21.
134. The board of revisors shall examine the applications made to it as soon as they are received, and shall decide them immediately in all cases where it is possible to do so.
It shall also verify the information provided to its members by the returning officer under section 121.
1987, c. 57, s. 134; 1997, c. 34, s. 21.
135. The board of revisors or any member it authorizes for the purpose may make an inquiry to ascertain whether a person whose name is entered on the list of electors or who is applying to have his name entered thereon is so entitled. The person and any witnesses summoned may be assisted by an advocate.
1987, c. 57, s. 135; 1997, c. 34, s. 21.
136. Where the decision of the board of revisors concerning an application for entry or striking off entails entering or striking off a name for which no application has been made, the board of its own initiative may enter the name or strike it off.
The board may also, of its own initiative, enter or strike off a name or make a correction if, after verifying the information provided to its members by the returning officer under section 121, it decides that a change must be made to the list. Where the board decides that such a change is not warranted, it shall specify that its verification confirmed the accuracy of the information or that it was unable to confirm or refute the accuracy of the information.
Where a correction is made, a name is entered on or struck off a part of the list that is not within the competence of the board, the board shall give notice of its decision to the returning officer who shall transmit the notice to the competent board.
1987, c. 57, s. 136; 1997, c. 34, s. 21.
137. Before striking off or refusing to enter the name of a person, the board of revisors shall give one clear day’s advance notice to the person.
The notice shall be served at the address entered on the list of electors or at any place where the board or the revising officer has reason to believe that the person may be reached.
However, the board is not required to give the notice where
(1)  the person is present before the board;
(2)  the board is satisfied with the proof made to it that the person in respect of whom the application for striking off is made is under curatorship or is deceased.
(3)  the person has met with and confirmed to a revising officer that he is not entitled to have his name entered on the list of electors.
1987, c. 57, s. 137; 1997, c. 34, s. 21; 1999, c. 25, s. 15.
137.1. The board of revisors, on its own initiative or on an application, may revoke or review a decision to strike off or refuse to enter a person’s name
(1)  where a new fact is discovered which, had it been known in time, could have warranted a different decision ;
(2)  where the person concerned, owing to reasons considered sufficient, could not present observations.
1999, c. 25, s. 16.
137.2. In every case where the board of revisors makes a decision in the absence of the person concerned by the application or filing the application, the board shall immediately notify the person in writing of its decision, unless the person is under curatorship.
1999, c. 25, s. 16.
138. The board of revisors shall transmit its decisions to the returning officer in accordance with the returning officer’s directives.
The returning officer shall incorporate the changes into the list or prepare an abstract of changes.
1987, c. 57, s. 138; 1997, c. 34, s. 21.
139. As soon as practicable after receiving the decisions of the board of revisors, the returning officer shall transmit, free of charge, to each party authorized under Chapter XIII or to each ticket recognized under Division III of this chapter, a copy of the revised list or of an abstract of the changes made to the list submitted to be revised.
The provisions relating to the free distribution of the list of electors to candidates apply, adapted as required, to the revised list and the abstract of changes. However, the returning officer shall transmit free of charge to candidates who have already obtained free copies of the list submitted to be revised an equal number of copies of the revised list or the abstract of changes made to the list, without those candidates having to request the copies.
1987, c. 57, s. 139; 1997, c. 34, s. 21.
140. The returning officer shall communicate to the chief electoral officer the changes made to the list that concern the persons domiciled in the territory of the municipality, in the manner determined by the chief electoral officer.
The returning officer shall also communicate to the chief electoral officer, if the change entails entering the name of a domiciled person, the former address of the domicile of that person and, if the change entails striking off the name of a domiciled person who requests that the striking off apply only for the purposes of a municipal poll, the request made by that person.
Furthermore, the returning officer shall communicate the decisions of the board of revisors made after the verification under the second paragraph of section 134 that do not entail changes to the list.
1987, c. 57, s. 140; 1995, c. 23, s. 65; 1997, c. 34, s. 21.
141. The abstract of changes forms part of the list of electors until the changes are incorporated into the list.
1987, c. 57, s. 141; 1997, c. 34, s. 21.
142. (Replaced).
1987, c. 57, s. 142; 1997, c. 34, s. 21.
142.1. (Replaced).
1995, c. 23, s. 66; 1997, c. 34, s. 21.
143. (Replaced).
1987, c. 57, s. 143; 1997, c. 34, s. 21.
§ 3.  — Coming into force
144. The list of electors comes into force upon completion or interruption of the revision or, where it is not revised, upon the expiry of the period prescribed in section 153 for filing nomination papers.
The returning officer shall indicate at the end of the list of electors the day on which it comes into force.
1987, c. 57, s. 144.
145. The list of electors shall remain in force until a new list which replaces it comes into force.
1987, c. 57, s. 145.
DIVISION III
NOMINATION
146. Every eligible person may be nominated as a candidate for one office on the council of a municipality at a time, by filing a nomination paper with the returning officer.
Notwithstanding the foregoing, a municipality having a population of 100 000 or over may, by a by-law of its council, allow double candidacies in accordance with this paragraph; in such a case, the clerk shall transmit a certified copy of the by-law, as soon as possible after its coming into force, to the chief electoral officer. If such a by-law is in force 58 days before polling day, the candidate for the office of mayor of a party authorized under Chapter XIII may, jointly with another candidate of the party who is his co-candidate, also be candidate for the office of councillor in an electoral district. A by-law passed under this paragraph ceases to be in force if it is repealed or if the population of the municipality falls below 100 000.
1987, c. 57, s. 146; 1990, c. 20, s. 1; 1997, c. 34, s. 22.
147. In the case of a municipality to which Chapter XIII applies, candidates may be grouped into authorized parties in accordance with that chapter.
In the case of other municipalities, candidates may be grouped into tickets recognized by the returning officer.
1987, c. 57, s. 147.
148. Any ticket which undertakes, through its leader, to present candidates for at least two-thirds or, in the case of a general election, one-third of the offices of councillors open for nominations at the next regular election may apply for recognition.
1987, c. 57, s. 148; 1999, c. 25, s. 17.
149. The leader of the ticket shall transmit to the returning officer a written application for recognition containing the following information:
(1)  the name of the ticket;
(2)  the address to which communications intended for the ticket must be sent;
(3)  the name, address and telephone number of the leader of the ticket.
The application must also contain the undertaking which entitles the ticket to apply for recognition.
The application must be accompanied with the names, addresses and signatures, for at least one-third or, according to the undertaking made, two-thirds of the offices of councillors open for nominations, of the eligible persons declaring their intention to be candidates of that ticket for those offices.
1987, c. 57, s. 149.
150. The returning officer shall grant the recognition to a ticket making an application therefor in accordance with sections 148 and 149.
The returning officer shall refuse to recognize the ticket if the name of the ticket includes the word “independent” or is likely to mislead the electors as to which ticket they are voting for.
The recognition has effect for the purposes of the next regular election and every by-election held before the regular election following the next one.
1987, c. 57, s. 150.
151. A recognized ticket is not authorized to change its name except with the approval of the returning officer. The returning officer shall refuse to approve any change if the proposed new name includes the word “independent” or is likely to mislead the electors as to which ticket they are voting for, or if the application for a change of name is made during the election period within the meaning of section 364.
An application for approval is made by means of a writing filed by the leader of the ticket.
1987, c. 57, s. 151; 1999, c. 25, s. 18.
152. The returning officer shall, unless the election procedures are recommenced pursuant to subdivision 2 of Division VII, withdraw the recognition of a ticket where, at the end of the period prescribed for filing nomination papers, it presents candidates for less than one-third or two-thirds, as the case may be, of the offices of councillors open for nominations at the regular election or where the number of candidates remaining after that period but before the end of the polling period is under the required minimum.
The returning officer shall also withdraw the recognition of a ticket which has changed its name to include the word “independent” or if the new name is likely to mislead the electors as to which ticket they are voting for or the recognition of a ticket which changes its name during the election period within the meaning of section 364.
1987, c. 57, s. 152; 1999, c. 25, s. 19.
153. The nomination paper shall, under pain of rejection, be filed in the office of the returning officer during the days and hours the office is open in the period beginning 58 days and ending 23 days before polling day.
Twenty-three days before polling day, the office of the returning officer shall be open from 9:00 a.m. to 4:30 p.m.
1987, c. 57, s. 153.
154. The nomination paper shall state the name of the candidate, his date of birth, his address, and the office for which he is a candidate, and shall include a sworn attestation of his eligibility.
1987, c. 57, s. 154.
155. A person may be a candidate under the name by which he is commonly known provided it is the name he always uses in his political, professional or social life and that he is acting in good faith.
1987, c. 57, s. 155.
156. The address of the candidate shall be, according to the capacity under which he is eligible, the street number of the immovable in which he has his domicile or of his residence in the territory of the municipality. The number of the immovable includes the apartment number, if any. If the immovable has no number, the cadastral number shall be used.
1987, c. 57, s. 156.
157. The designation of the office of councillor shall specify the electoral district, the ward or the number assigned to the seat.
1987, c. 57, s. 157.
158. The nomination paper of the candidate of an authorized party or recognized ticket shall state that he is the candidate for that party or ticket and that he is a co-candidate, where that is the case.
1987, c. 57, s. 158; 1990, c. 20, s. 2.
159. The nomination paper shall be signed by the candidate.
1987, c. 57, s. 159.
160. The nomination paper for the office of mayor shall include the supporting signatures of not fewer than the following number of electors of the municipality:
(1)  5 in the case of a municipality having a population of under 5,000;
(2)  10 in the case of a municipality having a population of 5,000 or over but under 20,000;
(3)  50 in the case of a municipality having a population of 20,000 or over but under 50,000;
(4)  100 in the case of a municipality having a population of 50,000 or over but under 100,000;
(5)  200 in other cases.
The nomination paper for the office of councillor shall include the supporting signatures of not fewer than the following number of electors of the municipality:
(1)  5 in the case of a municipality having a population of under 5,000;
(2)  10 in the case of a municipality having a population of 5,000 or over but under 20,000;
(3)  25 in other cases.
Each elector shall enter his address opposite his signature as it must be entered on the list of electors.
1987, c. 57, s. 160; 1997, c. 34, s. 23.
161. Only the person who intends to be a candidate or the person he designates for that purpose on the nomination paper is authorized to collect the supporting signatures.
1987, c. 57, s. 161.
162. The nomination paper shall be accompanied with a proof of the candidate’s identity and a statement signed by the person who collected the signatures in support of his nomination certifying that he knows the signatories, that they signed the nomination paper in his presence and that to the best of his knowledge they are electors of the municipality.
The proof of the identity of the candidate must be a document stating the name and date of birth of the candidate and be issued by the Government of Québec or Canada or any of their departments or agencies, or by a public body or by a public servant who is authorized to issue copies of or extracts from the acts of civil status.
After examining the proof of identity, the returning officer shall keep a true copy and return it to the person filing the nomination paper.
1987, c. 57, s. 162.
163. The nomination paper of the candidate of an authorized party or recognized ticket must be accompanied with a letter signed by the leader of the party or ticket certifying that the person is its official candidate for the office in question and, where that is the case, that he is a co-candidate.
For the purposes of this section, the meaning of the word leader , in the case of a party, is the meaning given to that word in section 364.
1987, c. 57, s. 163; 1990, c. 20, s. 3.
164. In a municipality to which Chapter XIII applies, the nomination paper of an independent candidate must be accompanied with a writing signed by him in which he designates his official agent for the purposes of this chapter. The writing must include the consent of the official agent and be countersigned by him.
1987, c. 57, s. 164.
165. The returning officer shall accept the filing of the nomination paper, without delay, if it is complete and if all the required documents are attached to it.
The returning officer shall then give a receipt, which is proof of the nomination.
1987, c. 57, s. 165.
166. Every candidate may, on request, obtain, free of charge, a copy of any nomination paper the filing of which has been accepted.
1987, c. 57, s. 166.
167. A candidate may withdraw his nomination by transmitting to the returning officer a writing to that effect signed by him.
1987, c. 57, s. 167.
167.1. The withdrawal of a co-candidate entails the withdrawal of the candidate with whom he is associated as a candidate for the office of councillor. From the withdrawal of the latter as a candidate for the office of mayor or councillor, the co-candidate ceases to be a co-candidate and becomes the party’s only candidate for the office of councillor in the district concerned.
The death of a person referred to in the first paragraph has the same effect as a withdrawal.
The withdrawal of the party’s authorization entails the withdrawal of the candidate with whom the candidate is associated as candidate for the office of councillor and the co-candidate shall thereupon cease to be a co-candidate.
1990, c. 20, s. 4.
168. If, at the end of the period for filing nomination papers, the returning officer has accepted only one nomination paper for an office or if only one candidate for that office remains, he shall declare that candidate elected.
In other cases, a poll must be held to determine which candidate will be elected to such office.
Notwithstanding the foregoing, where, as a result of a withdrawal after the end of the period contemplated in the first paragraph but before the end of the polling period, there remains only one candidate for an office, the returning officer shall declare that candidate elected.
The first and third paragraphs do not apply where election procedures must be recommenced pursuant to subdivision 2 of Division VII.
1987, c. 57, s. 168.
168.1. Where, in the absence of an opponent, a candidate for the office of mayor is declared elected, his co-candidate ceases, from that time, to be a co-candidate and becomes the party’s only candidate for the office of councillor in the district concerned.
Where the only candidates for the office of councillor in a district are the co-candidate and the candidate with whom he is associated, no poll is required and the returning officer shall declare the former or the latter elected according as the latter is elected or defeated as mayor.
Notwithstanding the foregoing, a candidate for the office of mayor who has been declared elected to the office of councillor under the second paragraph may, if he has not made the oath prescribed in section 313, renounce holding the office of councillor by transmitting to the returning officer, within 30 days after the declaration, a writing to that effect signed by him. In such a case and in the case where the candidate dies during the time within which he is still entitled to renounce holding the office of councillor, the returning officer shall declare the co-candidate elected to that office; the latter declaration cancels the former declaration.
1990, c. 20, s. 5; 1994, c. 43, s. 1.
169. The declaration of election is made by means of a writing signed by the returning officer who shall indicate the date of declaration, the name and address of the elected candidate and the office to which he is elected.
Where applicable, the returning officer shall read the declaration to the persons present at the place where he signs it.
1987, c. 57, s. 169.
170. Within three days of the day on which a candidate is declared elected, the returning officer shall transmit a copy of the declaration to the elected candidate.
1987, c. 57, s. 170.
DIVISION IV
POLL
§ 1.  — Notice of poll
171. Not later than 10 days before polling day, the returning officer shall give a public notice setting forth the following particulars:
(1)  the designation of each office for which a poll must be held;
(2)  the names of the candidates for each office;
(3)  the address of each candidate;
(4)  for each candidate, his membership in an authorized party or recognized ticket and, where that is the case, the indication “co-candidate”;
(5)  the day and time when the polling station or stations will be open for the advance poll;
(6)  the day and time when the polling station or stations will be open for the poll;
(7)  the place where the polling station will be established for the advance poll and for the poll and, if there are several polling stations, the information for determining at which station a person whose name is entered on the list of electors may vote;
(8)  the day and time when the addition of votes will begin and the location where it will take place.
The particulars set forth in subparagraph 7 of the first paragraph need not be mentioned if the returning officer causes a reminder containing them to be distributed pursuant to section 173.
1987, c. 57, s. 171; 1990, c. 20, s. 6.
172. The particulars relating to the office, to the name and to the address must correspond to those appearing on the nomination paper.
The same applies to the indication of membership in an authorized party or recognized ticket or to the indication “co-candidate” unless, in the meantime, the authorization of the party or the recognition of the ticket has been withdrawn or the co-candidate has ceased to be such, or the name of the party or ticket appearing on the nomination paper is inaccurate.
1987, c. 57, s. 172; 1990, c. 20, s. 7.
173. The returning officer may cause a reminder to be distributed to every person whose name is entered on the list of electors and who is entitled to vote at the poll.
The returning officer is required to do so in the case of a municipality having a population of 20,000 or over.
The reminder shall contain all the particulars contained in the notice of poll or only those relating to the candidates for whom the addressee is entitled to vote and to the polling station where he may exercise his right.
1987, c. 57, s. 173.
§ 2.  — Advance poll
174. Whenever a poll is required, an advance poll must be held seven days before polling day.
Notwithstanding the foregoing, the returning officer may decide that the advance poll shall be held for two consecutive days beginning seven days before polling day.
1987, c. 57, s. 174.
175. Election officers, handicapped persons and persons who have reason to believe they will be absent from the polling subdivision or unable to vote at the place where they should do so on polling day may vote at the advance poll.
1987, c. 57, s. 175.
176. The provisions of this Act relating to the holding of a poll, except the provision relating to the leave of absence of employees, pupils and students, apply, adapted as required, to the advance poll, so far as they are consistent with this subdivision.
1987, c. 57, s. 176.
177. The returning officer may establish as many advance polling stations as he considers necessary.
If the returning officer establishes several advance polling stations, he shall determine which polling subdivision is attached to each station.
The returning officer shall notify each authorized party or recognized ticket and each independent candidate concerned of his decision as soon as practicable.
1987, c. 57, s. 177.
178. Every advance polling station must be accessible to handicapped persons.
1987, c. 57, s. 178.
179. Every advance polling station must be open from 12 noon to 8 p.m.
1987, c. 57, s. 179.
180. On an elector’s presenting himself to vote in an advance polling station, the poll clerk shall enter his name and address in the poll book, as they appear on the list of electors.
1987, c. 57, s. 180.
181. An elector wishing to vote in the advance poll shall, before being admitted to vote, declare under oath that he meets the conditions prescribed for voting in the advance poll.
1987, c. 57, s. 181; 1997, c. 34, s. 24.
182. After the close of the advance polling station, the poll clerk shall enter the following particulars in the poll book:
(1)  the number of electors who have voted;
(2)  the number of ballot papers cancelled and the number of unused ballot papers;
(3)  the names of the persons who have performed duties as election officers or representatives.
The deputy returning officer shall place, in separate envelopes, the ballot papers found in the ballot box, the cancelled ballot papers, the unused ballot papers, the forms, and the list of electors, and seal them. He shall then place the poll book and the envelopes, except the envelope containing the list of electors, in the ballot box, and seal it.
The deputy returning officer, the poll clerk and the representatives who wish to do so shall affix their initials to the seals of the envelopes and of the ballot box.
The deputy returning officer shall then remit the ballot box and the envelope containing the list of electors to the returning officer or the person designated by him.
1987, c. 57, s. 182.
183. Immediately before the time fixed for the opening of the polling station on the second day, where that is the case, the deputy returning officer, in the presence of the poll clerk and the representatives, shall open the ballot box, resume possession of the poll book and of the envelopes containing the unused ballot papers, the forms and the list of electors, and open the envelopes to resume possession of their contents. The envelopes containing the used and cancelled ballot papers shall remain in the ballot box.
After the close of the polling station on the second day, the deputy returning officer and the poll clerk shall observe the same formalities as after the close of the polling station on the first day. The ballot papers used or cancelled on the second day shall be placed in envelopes separate from those containing the ballot papers used or cancelled on the first day.
1987, c. 57, s. 183.
184. The poll clerk shall prepare the list of the electors who have voted in advance at his polling station and transmit it, as soon as practicable, to the returning officer or to the person designated by the latter. The returning officer shall transmit a copy of the list to each authorized party or recognized ticket and to each independent candidate concerned not later than three days before polling day.
1987, c. 57, s. 184.
185. From 7 p.m. on polling day, the deputy returning officer, assisted by the poll clerk, shall proceed with the counting of the votes cast in an advance polling station, in the presence of those representatives who wish to attend.
The counting shall be effected at the place determined by the returning officer, in accordance with the rules applicable to the counting of the votes cast on polling day, adapted as required.
If the deputy returning officer or poll clerk who acted in the advance polling station is unable to act, the returning officer shall appoint a substitute for the purposes of this section. The substitute need not be recommended by an authorized party, if any.
1987, c. 57, s. 185.
§ 3.  — Polling stations
186. The returning officer shall establish a polling station for each polling subdivision.
The returning officer may, notwithstanding the foregoing, establish several polling stations for the same subdivision and determine which electors of the subdivision are entitled to vote at each polling station.
The returning officer shall notify each authorized party or recognized ticket and each authorized independent candidate of his decision as soon as practicable.
1987, c. 57, s. 186.
187. Every elector is entitled to vote at the polling station of the polling subdivision which includes him or, where there are several stations for such subdivision, at the polling station determined by the returning officer.
1987, c. 57, s. 187.
188. The polling station shall be situated in a spacious place of convenient access to the public.
The polling stations of the same electoral district or of the same ward must be grouped at the same polling place in the district or ward wherever possible.
Notwithstanding the foregoing, the returning officer may establish polling stations of the same district or ward in more than one polling place or establish some of them in a neighbouring district or ward, but all the polling stations for the same polling subdivision must be at the same polling place.
1987, c. 57, s. 188.
189. School boards and institutions governed by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5) must allow the use of their premises free of charge for the establishment of polling stations.
1987, c. 57, s. 189; 1992, c. 21, s. 154, s. 375; 1994, c. 23, s. 23.
190. The returning officer shall be responsible for the arrangement and identification of the polling place where a polling station is situated.
In particular, the returning officer shall ensure that places where polling stations are located are arranged in such a manner that electors appearing before the identity verification panel do not hinder or delay the polling proceedings.
1987, c. 57, s. 190; 1999, c. 15, s. 33.
191. A polling station shall have only one polling booth.
Where the territory of a municipality is not divided for election purposes, a polling station may have two polling booths.
1987, c. 57, s. 191.
§ 4.  — Materials required for the poll
192. The returning officer shall cause ballot papers to be printed.
The printer shall see that no ballot paper of the model ordered by the returning officer is furnished to any other person.
1987, c. 57, s. 192.
193. The ballot papers shall be printed by reversing process so that, on the obverse, the indications and the circles provided for the affixing of the elector’s mark appear in white or light colour surrounded by black or dark colour.
The ballot papers used for the election of the mayor may be of a colour other than that of the ballot papers used for the election of the councillors. In addition, the ballot papers used for the election of the councillors may vary for each numbered office.
1987, c. 57, s. 193.
194. The paper used to make the ballot papers must be of sufficient weight that writing does not appear through it.
1987, c. 57, s. 194.
195. The ballot papers must have a counterfoil and a stub.
The back of the stub and of the counterfoil must bear the same number. The ballot papers must be numbered consecutively.
1987, c. 57, s. 195.
196. The ballot papers must allow each candidate to be identified.
The ballot papers must contain, on the obverse,
(1)  the name of each candidate, his given name preceding his surname;
(2)  under each name, the name of the authorized party or recognized ticket to which the candidate belongs where such is the case;
(3)  a circle for the elector’s mark opposite the particulars pertaining to each candidate.
All circles, as the space between consecutive circles, must be of the same size.
Where several independent candidates for the same office have the same name, the ballot papers used in the polling for that office shall indicate the address of each candidate under his name and, where such is the case, above the indication of his political affiliation.
The particulars must appear in alphabetical order of the candidates’ surnames and, as the case may be, of the candidates’ given names. Where two or more candidates for the same office have the same name, the order in which the particulars relating to each of them appear shall be determined by a drawing of lots carried out by the returning officer.
Notwithstanding the foregoing, the particulars pertaining to a co-candidate must appear with those pertaining to the candidate with whom he is associated, in the following order: the name of the candidate associated with the co-candidate, the name of the co-candidate and his capacity, and the name of the party. These particulars must appear on the ballot paper in the alphabetical order of the surname of the candidate associated with the co-candidate and opposite a single voting circle; in order to do so, these particulars may be printed in a smaller type.
The particulars pertaining to the candidates must correspond to those contained in the nomination papers, unless, in the meantime, the authorization of the party or the recognition of the ticket has been withdrawn or the co-candidate has ceased to be such, or the name of the party or ticket appearing on the nomination paper is inaccurate.
1987, c. 57, s. 196; 1990, c. 20, s. 8.
197. The ballot papers shall contain, on the reverse,
(1)  the number of the ballot paper appearing on the counterfoil and the stub;
(2)  a space reserved for the initials of the deputy returning officer;
(3)  the name of the municipality;
(4)  the office concerned;
(5)  the date of the poll;
(6)  the name and address of the printer.
The indication of the office concerned shall correspond to that contained in the nomination papers.
1987, c. 57, s. 197.
198. Where the withdrawal of a candidate occurs when there is no time to take account of the withdrawal on the ballot papers to be used, the returning officer shall cause the particulars relating to that candidate to be uniformly crossed off the ballot papers by means of a line in ink or any other indelible substance.
The deputy returning officer shall inform every elector to whom he gives such a ballot paper of the candidate’s withdrawal.
Any vote cast in favour of the candidate, before or after his withdrawal, is absolutely null.
1987, c. 57, s. 198; 1999, c. 40, s. 114.
199. Where the authorization of a party or the recognition of a ticket is withdrawn when there is no time to take account of the withdrawal on the ballot papers to be used, the returning officer shall cause the reference to the party or ticket to be uniformly crossed off the ballot papers by means of a line in ink or any other indelible substance.
In the case described in the first paragraph, or where a co-candidate otherwise ceases to be such when there is no time to take account of that fact on the ballot papers to be used for the election at which he is a candidate for the office of councillor, the returning officer shall cause the indication “co-candidate” and the particulars pertaining to the candidate associated with him to be uniformly crossed off the ballot papers by means of a line in ink or any other indelible substance.
1987, c. 57, s. 199; 1990, c. 20, s. 9.
200. The returning officer shall obtain a ballot box for each polling station.
1987, c. 57, s. 200.
201. Each ballot box must be made of durable material with a slit or narrow opening on the top so constructed that the ballot papers may be introduced therein through the opening but cannot be withdrawn therefrom unless the box is opened.
1987, c. 57, s. 201.
202. The materials required for the poll may not be seized so long as they are required.
1987, c. 57, s. 202.
203. The returning officer, on behalf of the municipality, may enter into any contract to procure the materials required for the poll.
1987, c. 57, s. 203.
204. Not later than one hour before the time fixed for the opening of the polling station, the returning officer shall deliver to the deputy returning officer, in a sealed ballot box, after affixing his initials or a printed mark bearing his initials to the seals,
(1)  the copy of the list of electors used for the advance poll and comprising the electors who are entitled to vote at his polling station;
(2)  a poll book;
(3)  the required number of ballot papers which, for each office in respect of which a poll is held at that station, shall not be greater than the number of electors entitled to vote at the station, plus 25;
(4)  the forms and other documents necessary for the poll and the counting of the votes.
The returning officer shall also deliver to the deputy returning officer any other materials required for the poll.
1987, c. 57, s. 204.
§ 5.  — Formalities prior to the opening of polling stations
205. The deputy returning officer and the poll clerk shall be present at the polling place in which the polling station to which they are assigned is situated one hour before the opening of the poll, or earlier if so directed by the returning officer.
The officer in charge of information and order, if any, and any other election officer assigned to the polling place shall be present one hour before the opening of the polling station, or earlier if so directed by the returning officer.
1987, c. 57, s. 205.
206. The representatives assigned to a polling station may be present at the polling place in which the polling station is situated one hour before the opening of the polling stations.
The representatives may attend any of the activities taking place at the polling place.
1987, c. 57, s. 206.
207. During the hour preceding the opening of the polling station, the deputy returning officer, in the presence of the poll clerk, shall open the ballot box and examine the documents found in it and the other materials required for the poll.
1987, c. 57, s. 207.
208. The election officers must be identified as such.
1987, c. 57, s. 208.
209. Immediately before the time fixed for the opening of the polling station, the deputy returning officer and the poll clerk shall ascertain that the ballot box is empty.
The ballot box shall then be sealed and placed on the table of the polling station in full view of the election officers.
1987, c. 57, s. 209.
§ 6.  — Polling proceedings
210. The polling period shall begin at the opening of the polling stations, at 9 a.m., and shall end at the closing of the stations, at 7 p.m., subject to any extension of the polling period provided for in section 211.
1987, c. 57, s. 210.
211. In the case of a delay or interruption, the returning officer may extend the polling period, to the extent he sees fit, for the polling station affected by the delay or interruption.
The extension must not exceed the extent of the delay or interruption.
1987, c. 57, s. 211.
212. Any electors on the premises of a polling station at the end of the polling period who have not been able to vote may nevertheless exercise their right to vote.
The deputy returning officer shall declare the polling closed after they have voted.
For the purposes of the first paragraph, the premises of a polling station extend as far as the end of the waiting line of electors entitled to vote at the polling station, as it stands at the end of the polling period.
1987, c. 57, s. 212.
213. During the polling period, every employer shall grant to those of his employees whose names are entered on the list of electors sufficient leave to allow at least four consecutive hours to vote, not counting the time normally allowed for meals. No deduction of wages nor any penalty may be imposed on any employee by reason of this leave.
On polling day, every educational institution shall give leave to those of its pupils or students whose names are entered on the list of electors.
This section is binding upon the Government and its departments and agencies.
1987, c. 57, s. 213.
213.1. The returning officer shall ensure that electors arriving at a place where a polling station is located are informed of the obligation to produce identification in accordance with section 215 and are directed to the identity verification panel if they indicate that they do not have any of the documents prescribed by section 215 in their possession.
1999, c. 15, s. 34.
213.2. An elector who has been directed to the identity verification panel must, if he wishes to be admitted to vote,
(1)  declare before the panel members that he is the elector whose name appears on the list of electors and is entitled to be entered on the list in respect of the address appearing opposite his name ;
(2)  sign the sworn statement provided for that purpose in the register kept by the panel members ;
(3)  meet either of the following conditions :
(a)  produce at least two documents providing evidence of his name, including one that bears his photograph, or failing that, at least two documents which together provide evidence of his name and date of birth and of the address appearing on the list opposite his name or his domiciliary address ; or
(b)  be accompanied by a person who
i.  identifies himself in accordance with the first paragraph of section 215 ;
ii.  attests to the identity and address of the elector ;
iii.  declares that he has not accompanied any other elector other than his spouse or relative within the meaning of section 131 ;
iv.  produces a document referred to in the third paragraph of section 215 that bears his photograph ; and
v.  signs a sworn statement provided for that purpose in the register kept by the panel members, which statement shall indicate his name, date of birth and address.
However, a document not bearing a photograph may be produced by a person accompanying an elector if that person resides in a location listed in Schedule I to the Regulation respecting forms and statements of fees under the Health Insurance Act (R.R.Q., 1981, chapter A-29, r.2) or in a locality referred to in section 7.8 of the Regulation respecting licences, made by Order in Council 1421-91 (1991, G.O. 2, 4146), is accompanying an elector who is entitled to vote in such a location or locality and meets the requirements determined by a regulation made under section 335.2 of the Election Act.
1999, c. 15, s. 34.
213.3. No person may write down or otherwise record information contained in a document produced pursuant to section 213.2.
1999, c. 15, s. 34.
213.4. Where an elector meets the conditions imposed by section 213.2, the chairman of the identity verification panel shall give the elector a certificate attesting that he has validly established his identity.
1999, c. 15, s. 34.
214. Only one elector may be admitted to the polling station at a time.
Notwithstanding the first paragraph, two electors may be admitted at the same time to a polling station that is provided with two polling booths.
Only the deputy returning officer, the poll clerk and the representatives assigned to the polling station may be present at the station, together with the returning officer, the election clerk and the assistant returning officer. The officer in charge of information and order may be present at the request of the deputy returning officer for as long as may be required. The poll runner may be present for the time required to perform his duties. Any other person assisting an elector under section 226 may be present for the time required to enable the elector to exercise his right to vote.
1987, c. 57, s. 214.
215. The elector shall give his name and address to the deputy returning officer and the poll clerk. He shall also give them his date of birth, if so requested.
The address of the elector is the address that must be entered on the list of electors.
In addition, the elector shall produce as identification, notwithstanding any inconsistent provision, his health insurance card issued by the Régie de l’assurance maladie du Québec, driver’s licence or probationary licence issued in plastic form by the Société de l’assurance automobile du Québec, Canadian passport or any other document that has been issued by the Government or a government department or body or recognized by the Government and is determined by regulation by the Government pursuant to paragraph 4 of section 549 of the Election Act.
Where an elector who has not been directed to the identity verification panel cannot produce identification in accordance with the third paragraph, the deputy returning officer shall invite the elector to submit his case to the members of the panel.
1987, c. 57, s. 215; 1999, c. 15, s. 35; 1999, c. 89, s. 53.
215.1. No person may write down or otherwise record information contained in a document produced by an elector pursuant to the third paragraph of section 215.
1999, c. 15, s. 36.
216. The deputy returning officer shall admit an elector to vote if the elector has not already voted, if he is entered on the list of electors used at the polling station, if his name, address and, where such is the case, date of birth correspond to those appearing on that list and if he has produced identification in accordance with section 213.2 or the third paragraph of section 215.
Any elector whose name, address or, where such is the case, date of birth differs slightly from that entered on the list of electors shall nevertheless be admitted to vote, after declaring under oath that the erroneous entry was intended to refer to him. An indication thereof shall be entered in the poll book.
1987, c. 57, s. 216; 1999, c. 15, s. 37.
217. Before admitting a person to vote, the deputy returning officer, the poll clerk or a representative assigned to the polling station may, for reasons he shall specify, require the person to declare under oath that he has the right to vote.
The poll clerk shall note in the poll book the name of the person who requires that the voter be sworn together with the reasons therefor and, where that is the case, the fact that the oath was made.
1987, c. 57, s. 217.
218. An elector under whose name another person has already voted shall nevertheless be admitted to vote, after declaring under oath that he truly is the elector registered on the list and that he has not already voted. An indication thereof shall be entered in the poll book.
1987, c. 57, s. 218.
219. The returning officer may authorize an elector to vote where
(1)  the name of the elector does not appear on the copy of the list of electors used at the polling station but appears on the revised list of electors in the returning officer’s possession;
(2)  the name of the elector does not appear on any document referred to in subparagraph 1 but was entered or corrected by a board of revisors.
An elector who has obtained an authorization under this section shall present it to the deputy returning officer and must be admitted to vote after declaring under oath that he is the person who obtained it. An indication thereof shall be entered in the poll book.
The returning officer shall send to the chief electoral officer a copy of the authorization given to an elector domiciled in the territory of the municipality unless he is satisfied that the change to the list warranting the authorization was communicated in accordance with section 140.
1987, c. 57, s. 219; 1997, c. 34, s. 25.
220. In no case may the returning officer admit to vote any person who refuses to make the oath that is required of him. An indication thereof shall be entered in the poll book.
1987, c. 57, s. 220.
221. The deputy returning officer shall give the elector who is admitted to vote every ballot paper to which he is entitled, after writing his initials in the space reserved for that purpose and detaching the counterfoil.
The deputy returning officer shall also give the elector a pencil.
1987, c. 57, s. 221; 1999, c. 25, s. 20.
222. The elector shall enter the polling booth and mark the ballot paper in the circle placed opposite the indications pertaining to the candidate for whom the elector intends to vote, using the pencil given to him by the deputy returning officer. For the purposes of this paragraph, a co-candidate and the candidate with whom the co-candidate is associated shall be counted as one candidate for the office of councillor.
The elector shall then fold the ballot paper he has marked.
1987, c. 57, s. 222; 1990, c. 20, s. 10; 1999, c. 25, s. 21.
223. After marking and folding every ballot paper given to him, the elector shall leave the polling booth.
He shall allow the initials of the deputy returning officer to be examined by the latter, by the poll clerk and by any representative assigned to the polling station who wishes to do so.
Then, in full view of the persons present, the elector shall detach the stub and hand it to the deputy returning officer, who shall destroy it.
Lastly, the elector himself shall place the ballot paper in the ballot box.
1987, c. 57, s. 223.
224. The deputy returning officer shall cancel any ballot paper bearing initials that are not his own or not bearing any initials and prevent it from being placed in the ballot box. An indication thereof shall be entered in the poll book.
Notwithstanding the foregoing, the deputy returning officer shall not cancel a ballot paper which does not bear any initials where all of the following conditions are met:
(1)  the number of ballot papers presented by the elector corresponds to the number given to him by the deputy returning officer;
(2)  the ballot paper presented by the elector is, on its face and without being unfolded, the ballot paper given to him by the deputy returning officer;
(3)  the deputy returning officer signs a written declaration supported by his oath attesting that he inadvertently omitted or forgot to affix his initials to the ballot paper.
The deputy returning officer shall then, in full view of the persons present, affix his initials to the reverse of the ballot paper and allow it to be placed in the ballot box. An indication thereof shall be entered in the poll book.
1987, c. 57, s. 224.
225. The deputy returning officer shall cancel any ballot paper inadvertently marked or spoiled by an elector and shall give another ballot paper to that elector.
The deputy returning officer shall not attempt to learn for whom the elector has voted, where that is the case.
1987, c. 57, s. 225.
226. An elector who declares under oath that he is unable to mark his ballot paper himself by reason of an infirmity or because he cannot read, may be assisted either
(1)  by a person who is the elector’s spouse or a relative within the meaning of section 131 ;
(2)  by another person, in the presence of the deputy returning officer and the poll clerk.
The person referred to in subparagraph 2 of the first paragraph shall declare under oath that he has not assisted another elector during the poll.
A deaf or mute elector may be assisted, for the purposes of communicating with the election officers and representatives, by a person capable of interpreting the sign language of the deaf.
An indication that an elector has availed himself of this section shall be entered in the poll book.
1987, c. 57, s. 226; 1999, c. 25, s. 22.
227. The deputy returning officer shall provide a visually handicapped person who so requests a template to enable him to vote without assistance.
The deputy returning officer shall adjust the template and the ballot paper, give them to the elector and indicate to him the order in which the candidates appear on the ballot paper and the particulars entered under their names, where such is the case.
The deputy returning officer shall, upon request, assist the elector in walking to and back from the polling booth, in folding the marked ballot paper, in detaching the stub and in placing the ballot paper in the ballot box.
Where the elector is entitled to more than one ballot paper, the deputy returning officer shall wait until the ballot paper given to the elector is placed in the ballot box before giving him another in accordance with the second paragraph.
1987, c. 57, s. 227.
228. As soon as an elector has voted, the poll clerk shall indicate it on the list of electors in the space reserved for that purpose.
The first paragraph does not apply where the elector has voted pursuant to an authorization where his name was not entered on the copy of the list of electors used at the polling station.
1987, c. 57, s. 228.
DIVISION V
COUNTING AND ADDITION OF VOTES
228.1. For the purposes of this division, a co-candidate and the candidate with whom he is associated shall be counted as one candidate for the office of councillor.
1990, c. 20, s. 11.
229. After the closing of the poll, the deputy returning officer, assisted by the poll clerk, shall proceed to the counting of the votes.
The representatives assigned to the polling station may attend.
Where several polling stations are situated at the same polling place, the counting of votes shall begin only after the poll is closed at all the polling stations.
1987, c. 57, s. 229.
230. Before the ballot box is opened, the poll clerk shall enter the following particulars in the poll book:
(1)  the number of electors who have voted;
(2)  the number of cancelled ballot papers and the number of unused ballot papers;
(3)  the names of the persons who have performed duties as election officers or representatives assigned to the polling station.
1987, c. 57, s. 230.
231. The deputy returning officer, the poll clerk and the representatives shall use the compiling sheet provided by the returning officer for the counting of votes.
1987, c. 57, s. 231.
232. The deputy returning officer shall open the ballot box, count the votes by taking, one by one, the ballot papers placed in the ballot box and allow each person present to examine the ballot papers without touching them.
1987, c. 57, s. 232.
233. The deputy returning officer shall reject every ballot paper which
(1)  has not been furnished by the deputy returning officer;
(2)  has not been marked or has not been marked properly;
(3)  has been marked in favour of more than one candidate;
(4)  has been marked in favour of a person who is not a candidate;
(5)  bears fanciful or injurious entries;
(6)  bears a mark by which the elector can be identified;
(7)  has been marked otherwise than with the pencil given to the elector by the deputy returning officer.
1987, c. 57, s. 233; 1999, c. 25, s. 23.
234. Every ballot paper that does not bear the initials of the deputy returning officer must be rejected.
Notwithstanding the foregoing, no ballot paper contemplated in the first paragraph may be rejected where all of the following conditions are met:
(1)  the number of ballot papers found in the ballot box corresponds to the number of ballot papers which, according to the list of electors and the poll book, as the case may be, were placed in it;
(2)  the ballot papers found in the ballot box which bear no initials are, on their face, those furnished by the deputy returning officer;
(3)  the deputy returning officer signs a written declaration supported by his oath attesting that he inadvertently omitted or forgot to affix his initials to a specified number of ballot papers.
The deputy returning officer shall, in full view of the persons present, then affix his initials to the reverse of every ballot paper that does not bear them, and shall enter, on each ballot, following his initials a note indicating that they were affixed as a correction. An indication thereof shall be entered in the poll book.
1987, c. 57, s. 234.
235. No ballot paper may be rejected for the sole reason that the stub has not been detached.
In that case, the deputy returning officer shall detach the stub and destroy it.
1987, c. 57, s. 235.
236. No ballot paper may be rejected for the sole reason that the mark made in one of the circles extends beyond the circumference of the circle or that the circle is not completely filled.
1987, c. 57, s. 236; 1999, c. 25, s. 24.
237. The deputy returning officer shall consider every objection raised by a representative assigned to the polling station in respect of the validity of a ballot paper and make a decision immediately. He may reserve his decision as to an objection based on the absence of his initials until all the ballot papers placed in the ballot box are examined.
The objection and the decision of the deputy returning officer shall be entered in the poll book.
1987, c. 57, s. 237.
238. After examining all the ballot papers placed in the ballot box, the deputy returning officer shall draw up a statement of the poll indicating
(1)  the number of ballot papers received from the returning officer;
(2)  the number of ballot papers given in favour of each candidate;
(3)  the number of ballot papers rejected in the counting of votes;
(4)  the number of ballot papers cancelled and not placed in the ballot box;
(5)  the number of unused ballot papers.
The statement must be drawn up separately for each office for which a poll was held at the polling station.
The returning officer may require the deputy returning officer to draw up several copies of the statement of the poll.
1987, c. 57, s. 238.
239. On the basis of the statement of the poll, the deputy returning officer shall draw up a statement of votes indicating the number of votes given in favour of each candidate and the number of ballot papers rejected in the counting of votes.
The statement of votes must be drawn up separately in respect of each office for which a poll was held at the polling station.
The deputy returning officer is dispensed from drawing up a statement of votes if he has drawn up a sufficient number of copies of the statement of the poll to provide, in addition to his copy, a copy for the returning officer and for each representative assigned to the polling station. In that case, the statement of the poll also constitutes a statement of votes.
1987, c. 57, s. 239.
240. The deputy returning officer shall give a copy of the statement of votes to each representative assigned to the polling station.
The deputy returning officer shall keep a copy of the statement for himself and a copy intended for the returning officer under section 244.
1987, c. 57, s. 240.
241. After drawing up the statement of the poll and the statement of votes, the deputy returning officer shall place the ballot papers marked in favour of each candidate, the ballot papers rejected in the counting of votes, the ballot papers cancelled and not placed in the ballot box, the unused ballot papers and the statement of the poll in separate envelopes.
The first paragraph applies separately in respect of each office for which a poll was held at the polling station.
If the returning officer has required that several copies of the statement of the poll be drawn up, two copies must be placed in envelopes.
1987, c. 57, s. 241.
242. The deputy returning officer shall then seal the envelopes.
The deputy returning officer, the poll clerk and those representatives assigned to the polling station who wish to do so shall affix their initials to the seals.
1987, c. 57, s. 242.
243. The deputy returning officer shall place the envelopes, the poll book and the list of electors in the ballot box.
He shall then seal the ballot box.
The deputy returning officer, the poll clerk and those representatives assigned to the polling station who wish to do so shall affix their initials to the seals.
If two copies of the statement of the poll have been placed in envelopes, only one of the envelopes shall be placed in the ballot box.
1987, c. 57, s. 243.
244. The deputy returning officer shall deliver the ballot box to the returning officer or to the person designated by the latter to receive it.
The deputy returning officer shall at the same time deliver a copy of the statement of votes to the returning officer or designated person.
He shall also deliver with the ballot box the envelope containing a copy of the statement of votes that was not placed in the ballot box, where such is the case.
1987, c. 57, s. 244.
245. The addition of the votes shall begin, at the discretion of the returning officer,
(1)  at the time he fixes, during the evening, on polling day;
(2)  at 9 a.m. on the day after polling day;
(3)  or at the time and on the day he determines, that day being any of the four days following polling day.
If the returning officer chooses to begin the addition of the votes after polling day, he shall notify each authorized party, recognized ticket and independent candidate concerned of the date, time and place selected for that purpose.
1987, c. 57, s. 245.
246. The addition of the votes shall be conducted at the place determined by the returning officer.
Any person may attend.
1987, c. 57, s. 246.
247. The returning officer shall proceed to the addition of the votes by using the statements of the poll delivered with the ballot boxes and compiling the votes cast in favour of each candidate.
The returning officer shall, however, use the statements contained in the ballot boxes if only one copy of the statement of the poll has been drawn up or if a candidate or an elector concerned produces to him a sworn declaration in writing attesting that there is reason to believe that a statement delivered with a ballot box is erroneous or fraudulent and does not correspond to the statement placed in the ballot box, and that the results may be different if the statement placed in the ballot box is used in conducting the addition of the votes.
1987, c. 57, s. 247; 1997, c. 34, s. 26.
248. If a statement of the poll is missing, the returning officer shall adjourn the addition of the votes until he obtains it.
If it appears impossible to obtain the statement of the poll, the returning officer shall use the statement of votes that was remitted to him or, failing that, the statement of the deputy returning officer or of a representative.
1987, c. 57, s. 248.
249. After consulting the statement of the poll or the statement of votes, as the case may be, the returning officer shall place it in an envelope.
He shall then place the envelope in the ballot box.
1987, c. 57, s. 249.
250. If it appears impossible to obtain the statement of the poll and the statement of votes, the returning officer shall cause a summary counting of the votes to be made by the deputy returning officer and the poll clerk on the date, at the time and at the place determined by him.
At the summary counting of the votes, the deputy returning officer shall open the ballot box and the envelopes it contains in the presence of the poll clerk. With the poll clerk’s assistance, the deputy returning officer shall count, without questioning whether the ballot papers are valid, rejected or cancelled, the ballot papers cast in favour of each candidate, the ballot papers rejected at the time of the counting of votes, the ballot papers that were cancelled and the unused ballot papers. The formalities applicable after any counting of votes shall then apply.
If the deputy returning officer or if the poll clerk is unable or refuses to act, the other shall proceed alone to a summary counting of the votes. If both are unable or refuse to act, the returning officer shall himself proceed thereto.
The returning officer shall give advance notice of the summary counting of the votes to each authorized party, recognized ticket and independent candidate concerned. The representatives assigned to the polling station may attend.
1987, c. 57, s. 250.
251. Where it appears impossible to obtain the statement of the poll, the statement of votes and the ballot papers, the returning officer shall inform the Minister of Municipal Affairs and Greater Montréal in accordance with Division III of Chapter XI.
1987, c. 57, s. 251; 1999, c. 43, s. 13.
252. Immediately upon completion of the addition of the votes, the returning officer shall announce the results to the persons present.
1987, c. 57, s. 252.
253. After making the announcement, the returning officer shall communicate the results of the addition of the votes to every person who requests it.
1987, c. 57, s. 253.
254. In case of a tie for first place, the returning officer shall apply for a recount of the votes in accordance with Division VII.
1987, c. 57, s. 254.
DIVISION VI
DECLARATION OF ELECTION AND SUBSEQUENT PROCEEDINGS
255. If no application for a recount or re-addition of the votes is made within the time prescribed in section 264, or if an application is made and is dismissed, the returning officer shall declare elected the candidate who obtained the greatest number of votes according to his announcement.
1987, c. 57, s. 255.
256. Where a recount or re-addition is made, the returning officer shall declare elected the candidate who obtained the greatest number of votes according to the results certified by a judge in accordance with section 273.
Where the certified results show a tie for first place, a drawing of lots shall determine which candidate shall be declared elected. For the purposes of this paragraph, a co-candidate and the candidate with whom he is associated shall be counted as one candidate for the office of councillor.
1987, c. 57, s. 256; 1990, c. 20, s. 12.
257. Where a drawing of lots is required, the returning officer shall give one clear day’s advance notice of it to each candidate concerned.
At the time and place indicated in the notice, the returning officer shall carry out a public drawing of lots.
He shall declare elected the candidate who is favoured by the drawing of lots.
1987, c. 57, s. 257.
257.1. Where the candidate of an authorized party for the office of mayor is entitled to be declared elected both to that office and to the office of councillor of an electoral district, he shall be declared elected to the office of mayor and his co-candidate to that of councillor.
Where the candidate is entitled to be declared elected only to the office of councillor, he shall be declared elected in preference to his co-candidate.
Notwithstanding the foregoing, a candidate for the office of mayor who has been declared elected to the office of councillor under the second paragraph may, if he has not made the oath prescribed in section 313, renounce holding the office of councillor by transmitting to the returning officer, within 30 days after the declaration, a writing to that effect signed by him. In such a case and in the case where the candidate dies during the time within which he is still entitled to renounce holding the office of councillor, the returning officer shall declare the co-candidate elected to that office; the latter declaration cancels the former declaration.
1990, c. 20, s. 13; 1994, c. 43, s. 2.
258. The declaration of election shall be made by means of a writing signed by the returning officer, indicating the date of the declaration, the name and address of the elected candidate and the office to which he is elected.
Where such is the case, the returning officer shall read the declaration to the persons present at the place where he signs it.
1987, c. 57, s. 258.
259. Within three days after the declaration of election of a candidate, the returning officer shall transmit a copy of the writing to the candidate.
1987, c. 57, s. 259.
260. As soon as the returning officer has been informed of the complete results of the election, he shall give public notice thereof, indicating the candidate elected to each office.
The returning officer shall transmit a copy of the notice to the regional county municipality or to the urban community whose territory comprises that of the municipality.
1987, c. 57, s. 260; 1990, c. 85, s. 122.
261. In no case may the person responsible for access to documents held by the municipality deliver any copy of any used ballot paper.
He shall allow no one to examine the ballot papers, unless he is required to do so by order of the court or a judge.
1987, c. 57, s. 261.
DIVISION VII
RECOMMENCEMENT OF PROCEEDINGS
§ 1.  — Recount or re-addition of votes
262. Any person who has reasonable grounds to believe that a deputy returning officer, a poll clerk or the returning officer has improperly counted or rejected votes or has drawn up an incorrect statement of the number of votes cast in favour of a candidate may apply for a recount of the votes. The application may be limited to one or certain polling subdivisions but the judge is not bound by that limitation.
Any person who has reasonable grounds to believe that the returning officer improperly compiled the votes cast in favour of a candidate may apply for a re-addition of the votes.
The first paragraph does not apply where the returning officer applies for a recount of the votes in the case of a tie.
1987, c. 57, s. 262.
263. The application for a recount or re-addition is made by way of a motion to a judge of the Court of Québec of the judicial district in which all or part of the territory of the municipality is situated, filed in the office of that court.
The respondent is the candidate having the greatest number of votes according to the announcement made by the returning officer.
Subject to any inconsistent provision of this subdivision, proceedings are conducted in accordance with the ordinary rules of the Code of Civil Procedure (chapter C-25), but the motion shall be heard and decided by preference.
1987, c. 57, s. 263; 1988, c. 21, s. 66.
264. The motion must, on pain of dismissal, be served on the returning officer and presented within four days after the end of the addition of the votes.
The first paragraph does not apply to an application for a recount of the votes in the case of a tie.
1987, c. 57, s. 264.
265. No appeal lies from the decision on the motion.
1987, c. 57, s. 265.
266. The recount or re-addition shall be made by the judge who granted the motion or by any other judge of the Court of Québec designated by the chief judge.
It shall begin within four days after the decision granting the motion and be carried out as soon as practicable.
1987, c. 57, s. 266; 1988, c. 21, s. 66; 1995, c. 42, s. 56.
267. The judge shall give one clear day’s advance notice to the candidates concerned of the date, time and place at which he will proceed to the recount or re-addition of the votes.
The judge shall summon the returning officer and order him to bring the ballot boxes used in the poll for the office concerned with their contents and the statements of votes. Where the recount is limited to one or certain polling subdivisions, the judge shall order only the ballot boxes and statements he will need.
1987, c. 57, s. 267.
268. On the appointed day, the judge, in the presence of the returning officer shall, in the case of a recount, examine the ballot papers and the other documents contained in the ballot boxes and, in the case of a re-addition, the statement of the poll and the statement of votes.
The candidates concerned or their mandataries and the returning officer may, at that time, examine the ballot papers and other documents examined by the judge.
1987, c. 57, s. 268.
269. The rules provided in Division V to establish the validity of a ballot paper apply at a recount.
The judge may, for that purpose, take any measure he considers appropriate.
1987, c. 57, s. 269.
270. If a ballot box or required documents are missing, the judge shall take any appropriate measure to ascertain the results of the vote.
For the purposes of this section, the judge is vested with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.
Every person testifying in an inquiry before the judge has the same privileges and immunity as a witness before the Superior Court. Articles 307 to 309 of the Code of Civil Procedure (chapter C-25) apply, adapted as required.
1987, c. 57, s. 270; 1992, c. 61, s. 278.
271. While the recount or re-addition is in progress, the judge has the custody of the ballot boxes and their contents, and of all the other documents that have been remitted to him.
1987, c. 57, s. 271.
272. Immediately upon completion of the recount, the judge shall verify or rectify the statement of the poll and statement of votes and make a re-addition of the votes.
1987, c. 57, s. 272.
273. After completing the re-addition of the votes, the judge shall certify the results of the poll.
The judge shall remit the ballot boxes, their contents and all the other documents used for the recount or re-addition to the returning officer.
1987, c. 57, s. 273.
274. The judge shall award and fix the amount of the costs according to the tariff established by government regulation.
Where, according to the results of the poll certified by the judge, the candidate who received the greatest number of votes is the same as according to the announcement made by the returning officer, the costs of that candidate shall be assumed by the appellant.
Where the recount is applied for following a tie, there shall be no costs.
1987, c. 57, s. 274.
275. Costs are recoverable in the same manner as costs awarded in ordinary cases before the Court of Québec.
1987, c. 57, s. 275; 1988, c. 21, s. 66.
§ 2.  — New election on account of the lack, death or withdrawal of candidates or the rejection of the ballot papers
276. The returning officer shall recommence election proceedings to fill an office on the council, subject to section 277, where
(1)  no person is nominated as a candidate for the office before the end of the period prescribed for filing nomination papers or all the persons nominated have withdrawn or died before the end of the period;
(2)  every candidate for the office withdraws after the end of the period contemplated in paragraph 1 but before the end of the polling period;
(3)  a candidate, in the case of the office of councillor, dies after the end of the period contemplated in paragraph 1 but before the end of the polling period;
(4)  a candidate, in the case of the office of mayor, dies or withdraws for medical reasons which, in the opinion of at least two physicians, prevent him from remaining a candidate, less than twenty-seven days before polling day but before the end of the polling period;
(5)  all the ballot papers placed in the ballot box in favour of the candidates for the office have been rejected during the counting of the votes or, as the case may be, during the recount.
1987, c. 57, s. 276.
277. Within 30 days of ascertaining a situation justifying the recommencement, the returning officer shall fix the date of the poll on a Sunday in any of the four following months. Where that is the case, he shall notify the council as soon as practicable of the date fixed for the poll.
Notice of the election must be given not later than 37 days before the day fixed for the poll.
The persons entitled to have their names entered on the list of electors or to be candidates are the same as in the original election.
The list of electors in force shall be used and no new list need be prepared. The list shall be deposited as soon as possible after publication of the notice of election. No revision of the list is required if the revision was completed for the purposes of the original election.
The public notice prescribed in section 56 is not required.
1987, c. 57, s. 277; 1999, c. 25, s. 25.
278. Election proceedings may be recommenced only once.
Where a situation arises justifying the recommencement of the proceedings a second time, the returning officer shall notify the Minister of Municipal Affairs and Greater Montréal, who may then appoint an eligible person to the office concerned or order that the proceedings be recommenced according to the rules he determines. The person appointed by the Minister is deemed to have been elected and declared elected on the day of his appointment.
1987, c. 57, s. 278; 1999, c. 43, s. 13.
CHAPTER VII
ELECTORAL CODE OF ETHICS
DIVISION I
SECRECY OF VOTING
279. Voting is secret.
1987, c. 57, s. 279.
280. No elector may, on the premises of a polling station, indicate publicly, in any manner, in favour of which candidate he proposes to vote or has voted.
No candidate, representative or election officer may, on those premises, attempt to learn in favour of which candidate an elector proposes to vote or has voted.
The building in which the polling station is located and any neighbouring place where the indications of the elector or the actions of the candidate, representative or election officer may be heard or seen by the electors waiting in line are deemed to be the premises of a polling station.
1987, c. 57, s. 280; 1999, c. 40, s. 114.
281. No candidate or representative, nor any election officer or elector who has given assistance to another elector may disclose for which candidate the elector has voted.
1987, c. 57, s. 281.
282. No person may be compelled to disclose for which candidate he has voted.
1987, c. 57, s. 282.
DIVISION II
PARTISAN PUBLICITY AND PARTISAN WORK OF OFFICERS AND EMPLOYEES OF THE MUNICIPALITY
283. No person may, on the premises of a polling station, use a sign to indicate his political affiliation or support for or opposition to a party, ticket or candidate or ideas promoted or opposed by the latter, or engage in any other form of partisan publicity.
The building in which the polling station is located and any neighbouring place where the sign or partisan publicity may be seen or heard by the electors waiting in line are deemed to be the premises of the polling station.
1987, c. 57, s. 283; 1999, c. 40, s. 114.
284. No officer or employee of a municipality, other than an officer or employee not ineligible under paragraph 1 of section 63, may engage in partisan work connected with an election to an office on the council of the municipality.
The prohibition contemplated in the first paragraph includes any association representing the interests of officers or employees contemplated in the first paragraph.
1987, c. 57, s. 284.
285. Attending a political meeting, making a contribution to a party or an authorized independent candidate, being a member of a party or affixing a signature in support of a nomination paper or an application for authorization does not constitute partisan work.
The first paragraph does not apply to the clerk or the secretary-treasurer of the municipality or his assistant, to any other officer or employee of the municipality while he is an election officer, or to the treasurer, within the meaning of section 364, of a municipality, subject to Divisions II to IX of Chapter XIII.
1987, c. 57, s. 285.
CHAPTER VII.1
ELECTION POSTERS AND BILLBOARDS
1999, c. 25, s. 26.
285.1. Notwithstanding any inconsistent legislative or regulatory provision, election posters and billboards shall not be subject, during an election period, to any restriction or condition except as provided by this Act.
For the purposes of this section, the expression “election period” has the meaning assigned by section 364.
1999, c. 25, s. 26.
285.2. Election posters and billboards may be placed on any property, other than buildings, of the municipality, the Government, public bodies, state enterprises and school boards situated in the territory of the municipality.
Election posters may also be placed on public utility poles.
1999, c. 25, s. 26.
285.3. Election posters and billboards must be placed so as not to hinder vehicular or pedestrian traffic, interfere visually with road signs or compromise road safety or public security.
1999, c. 25, s. 26.
285.4. No election poster or billboard may be placed on a classified historic monument or in a classified historic site within the meaning of the Cultural Property Act (chapter B-4) or in a site declared a national historical site under that Act.
1999, c. 25, s. 26.
285.5. No election poster or billboard may be placed on a monument, sculpture, tree, fire hydrant, bridge, viaduct or electrical tower.
No election poster or billboard may be placed on a bus shelter or on a public bench, unless space is provided for that purpose, in which case the applicable rules must be complied with.
1999, c. 25, s. 26.
285.6. Posters and billboards and their supports must be made of good quality materials and must be safe and kept in good repair.
Posters and billboards must be affixed in such a manner that they can be easily removed.
1999, c. 25, s. 26.
285.7. Election posters placed on public utility poles must meet the following conditions :
(1)  the highest part of the poster must not be more than five metres above ground ;
(2)  the poster must not have any metal or wood frame ;
(3)  the poster must not be affixed with nails or metal fasteners ;
(4)  the poster must not obstruct any identification plate on the pole.
Moreover, no election banner, streamer or flag may be affixed to a public utility pole.
Workers who maintain public utility poles may, if they consider it necessary for the purposes of the work to be done, remove any election poster from a pole. Except in an emergency, they shall first notify, as the case may be, the candidate or the authorized party concerned or the private intervenor referred to in Division VIII.1 of Chapter XIII responsible for the poster.
1999, c. 25, s. 26.
285.8. All election posters and billboards must be removed not later than 15 days after the date fixed for the polling, failing which they may be removed by the municipality or by the owner of the property or poles at the expense of, as the case may be, the party or candidate concerned or the private intervenor responsible for them, following the expiry of a five-day notice to that effect transmitted to the party, candidate or private intervenor.
The notice shall indicate the places where posters or billboards are to be removed. If posters or billboards had to be removed by the municipality or by the owner at the expense of the party, candidate or private intervenor, the bill shall indicate the place and date of removal.
1999, c. 25, s. 26.
285.9. The party, candidate or private intervenor, as the case may be, shall ensure that the provisions of this chapter are complied with.
1999, c. 25, s. 26.
CHAPTER VIII
CONTESTATION OF ELECTIONS
286. Every person entitled to vote at the election of a member of the council of a municipality may contest the election on the grounds that the person declared elected was ineligible, that he did not obtain the greatest number of the valid votes, that a corrupt electoral practice was used which caused the election to be null, or that the proper formalities were not observed.
Every candidate defeated by the person declared elected may also avail himself of the first paragraph.
1987, c. 57, s. 286.
287. An election is contested by way of a motion to the Superior Court of the judicial district in which all or part of the territory of the municipality is situated.
The respondent is the person declared elected. The returning officer must be impleaded.
1987, c. 57, s. 287.
288. The motion must, on pain of dismissal, be presented within 30 days after the respondent is declared elected, or within 30 days after the corrupt electoral practice was used where the motion alleges that such a practice was used after the declaration.
Where the alleged corrupt electoral practice consists in incurring election expenses in excess of the maximum fixed in Chapter XIII, the motion must, on pain of dismissal, be presented within 90 days from the transmission of the return of election expenses.
1987, c. 57, s. 288.
289. The applicant may demand that the election be declared null, or that the election be declared null and the candidate he identifies be declared elected.
1987, c. 57, s. 289.
290. Proceedings are conducted in accordance with the ordinary rules of the Code of Civil Procedure (chapter C-25), but the motion is heard and decided by preference.
1987, c. 57, s. 290.
291. The rules of proof are those applicable in civil matters.
1987, c. 57, s. 291.
292. The court shall decide that the member of the council whose election is contested was duly elected, that his election is null or that his election is null and another person designated by the court was duly elected.
1987, c. 57, s. 292.
292.1. If the court declares that the election of the candidate of an authorized party to the office of mayor is null, it may at the same time declare the candidate elected to the office of councillor of an electoral district in place of his co-candidate, unless the ground for the nullity of the election is the respondent’s ineligibility or the use by the respondent or, with his knowledge and consent, by another person, of a corrupt electoral practice.
Where the court declares elected to the office of mayor the candidate of an authorized party who has been declared elected to the office of councillor of an electoral district in preference to his co-candidate, it may at the same time declare the co-candidate elected as councillor in place of the candidate.
1990, c. 20, s. 14.
293. The court shall declare the election of the respondent null where the hearing establishes that a corrupt electoral practice within the meaning of section 645 was used by him or, with his knowledge or consent, by another person.
The court shall declare the election of the respondent null where the hearing establishes that, without his knowledge and consent, his representative, mandatary or official agent or that of his party used a corrupt electoral practice, unless it is established that the practice could not have had a determining effect on the election of the respondent. For the purposes of this paragraph, a co-candidate and the candidate with whom he is associated shall be deemed to be reciprocal mandataries.
1987, c. 57, s. 293; 1990, c. 20, s. 15.
294. The court shall declare the election of the respondent null where the hearing establishes that he failed to observe the proper formalities and that the inobservance may have had a determining effect on the election of the respondent.
1987, c. 57, s. 294.
295. An appeal lies to the Court of Appeal from the judgment rendered on the motion.
The appeal must, on pain of dismissal, be brought within 30 days from the judgment.
No appeal lies from any interlocutory judgment.
1987, c. 57, s. 295.
296. The ordinary rules of the Code of Civil Procedure (chapter C-25) apply to the proceedings but the appeal is heard by preference.
1987, c. 57, s. 296.
297. The provisional execution of the judgment declaring the election of the respondent null does not result in the termination of his term or, as the case may be, his replacement by the candidate declared elected in his place.
Notwithstanding the foregoing, during the provisional execution, the respondent is not entitled to attend, as a member, the sittings of the council of the municipality, of its committees and commissions, or of the council, committees and commissions of the regional county municipality, the urban community or any intermunicipal board of management, or of any other board, committee, commission or public body of which the respondent is a member by reason of the fact that he is a member of the council of the municipality, the regional county municipality, the community or the board.
The respondent shall consequently lose the right to receive the remuneration or allowance prescribed for each sitting he is not entitled to attend. Where his remuneration or allowance is not established for each sitting, an amount equal to 1 % of the annual amount of the remuneration or allowance is subtracted for each sitting he is not entitled to attend. The sums shall be repaid to the respondent where the judgment having become a res judicata, overturning the judgment under provisional execution, orders it.
1987, c. 57, s. 297; 1990, c. 85, s. 122.
298. The appellant shall serve upon the clerk or the secretary-treasurer of the municipality a certified copy of the judgment having become a res judicata and granting his motion.
where the judgment granting his motion is appealed but is under a provisional order of execution, the appellant shall serve a certified copy of the appealed judgment and, if such is the case, of the order on the clerk or the secretary-treasurer.
The clerk or secretary-treasurer shall immediately notify the council, the regional county municipality, the urban community, the intermunicipal board of management or any other body whose sittings the respondent is no longer entitled to attend. He shall also notify them as soon as possible where the respondent recovers the right to attend.
1987, c. 57, s. 298; 1990, c. 85, s. 122.
299. The person declared elected by the court in the place of another person is deemed to have been declared elected on the day the judgment having become a res judicata is served on the clerk or the secretary-treasurer of the municipality.
1987, c. 57, s. 299.
CHAPTER IX
DISQUALIFICATIONS
DIVISION I
GROUNDS FOR DISQUALIFICATION
300. A person holding office as a member of the council is disqualified from holding office as such
(1)  for the whole term of office if he was elected while ineligible;
(2)  upon ceasing after 1 September of the calendar year in which the election was held, to meet the eligibility requirements prescribed in section 61, until he again meets those requirements;
(3)  upon becoming ineligible under section 62 or 63 after his election, and as long as he remains ineligible;
(4)  if he was a member of the Parliament of Québec or of Canada when he was elected to the council and did not cease to hold that office thirty-one days after taking his oath of office as a member of the council, as long as the plurality continues;
(5)  if he begins to hold office as a Member of the Parliament of Québec or of Canada after his election, as long as the plurality continues.
1987, c. 57, s. 300.
301. A person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3) is disqualified from holding office as a member of the council of a municipality.
The disqualification shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
1987, c. 57, s. 301; 1989, c. 1, s. 599; 1990, c. 4, s. 405.
302. A person who is convicted, under any Act, of an offence which pursuant to an Act of the Parliament of Québec or of Canada is an offence punishable by imprisonment for a term of two years or more and for which he is sentenced to imprisonment for 30 days or more, whether or not he serves the sentence, is disqualified from holding office as a member of the council of a municipality.
The disqualification shall last for a period equal to twice the term of imprisonment, starting from the day on which the judgment convicting the person becomes a res judicata or the day the final sentence is pronounced, whichever is later.
1987, c. 57, s. 302; 1990, c. 4, s. 406.
303. Every person who
(1)  makes a written declaration of his pecuniary interests under section 357 or 358 with the knowledge that it is incomplete or contains a false statement or information, or who
(2)  in contravention of section 361 as to a matter that is to be taken up for consideration by a council, committee or commission of which he is a member and in which he knows he has, directly or indirectly, a personal pecuniary interest,
(a)  fails to disclose the general nature of that interest before the discussions on that matter are begun where he is present, at the sitting at which it is to be taken up for consideration or, if he is not present, at the first sitting of the council, committee or commission attended by the person after becoming aware of the fact that the matter was taken up for consideration;
(b)  fails to abstain from taking part in the discussions and from voting or attempting to influence the vote on the matter;
(c)  fails to leave the sitting after having disclosed the general nature of his interest, while the matter is being discussed and voted on, where the sitting is not public,
is disqualified from holding office as a member of the council of a municipality.
The disqualification shall continue for five years from the day on which the judgment declaring the person disqualified becomes a res judicata.
1987, c. 57, s. 303; 1999, c. 25, s. 27.
304. A person who knowingly, during his term as member of the council of a municipality or as member of a municipal body, has an interest, directly or indirectly, in a contract with the municipality or body is disqualified from holding office as a member of the council of a municipality.
The disqualification shall continue for five years from the day on which the judgment declaring the person disqualified becomes a res judicata.
1987, c. 57, s. 304.
305. Section 304 does not apply
(1)  where the person acquires his interest by succession or gift and renounces or divests himself of it as soon as practicable;
(2)  where the interest of the person consists in holding shares of a company which he does not control, of which he is neither a director nor an executive officer and of which he possesses less than 10 % of the voting shares issued;
(2.1)  where the interest of the person arises from the fact that he is a member, director or executive officer of another municipal body, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), a non-profit organization or an organization of which he is required by law, as a member of the council of that municipality or that municipal body, to be a member, a director or an executive officer;
(3)  where the object of the contract is a remuneration, an allowance, the reimbursement of expenses, social benefits, goods or services to which the person is entitled as a condition of employment attached to his duties with the municipality or municipal body;
(4)  where the object of the contract is the appointment of the person to a position as an officer or employee, provided that the position is not one that makes its holder ineligible;
(5)  where the object of the contract is the furnishing of services offered to the public by the municipality or the municipal body;
(6)  where the contract consists of bonds, notes or other securities offered to the public by the municipality or the municipal body or in the acquisition of such bonds, notes or securities on non-preferential terms;
(7)  where the object of the contract is the furnishing of goods or services that the person has an obligation to furnish to the municipality or municipal body pursuant to a legislative or regulatory provision;
(8)  where the object of the contract is the furnishing of goods by the municipality or municipal body and where the contract was entered into before the person held office as a member of the municipality or body and before he became a candidate at the election in which he was elected;
(9)  in a case of irresistible force, where the general interest of the municipality or municipal body requires that the contract be entered into in preference to any other contract.
1987, c. 57, s. 305; 1989, c. 56, s. 2.
306. A person who knowingly, during his term as a member of the council of a municipality or member of a municipal body, uses his position to misappropriate moneys or commit a breach of trust or other misconduct is disqualified from holding office as a member of the council of a municipality.
The disqualification shall continue for five years from the day on which the judgment declaring the person disqualified becomes a res judicata, unless the judgment fixes a shorter period.
1987, c. 57, s. 306.
307. For the purposes of sections 304 to 306, municipal body means the council or any committee or commission of
(1)  a body declared by law to be a mandatary or agent of a municipality;
(2)  a body whose board of directors is composed for the greater part of members of the council of a municipality, whose budget is adopted by the municipality or more than one-half of whose funding is provided by the municipality;
(3)  a public body whose board of directors is composed for the greater part of council members from several municipalities;
(4)  any other body determined by the Minister of Municipal Affairs and Greater Montréal.
1987, c. 57, s. 307; 1999, c. 43, s. 13.
DIVISION II
ACTION FOR DECLARATION OF DISQUALIFICATION
308. Any elector of a municipality in which a person is a member or former member of the municipal council or is a candidate for that office may bring an action for the declaration of disqualification of that person.
The Attorney General and the municipality may also bring the action.
1987, c. 57, s. 308.
309. The action is brought before the Superior Court of the judicial district which includes all or part of the territory of the municipality.
The action must, on pain of dismissal, be brought before the expiry of five years after the end of the term of office of the respondent during which the disqualification is alleged to have existed.
1987, c. 57, s. 309.
310. The action is governed by the Code of Civil Procedure (chapter C-25) but is heard and decided by preference.
An appeal lies from the judgment of the Superior Court in accordance with the Code of Civil Procedure.
1987, c. 57, s. 310.
311. The provisional execution of the judgment declaring the disqualification of a person who is a member of the council of a municipality has the same effect as the provisional execution, provided for in section 297, of a judgment declaring his election null, with the necessary adjustments.
The first paragraph applies also where the judgment grants a demand for ouster from office brought in accordance with the Code of Civil Procedure (chapter C-25).
1987, c. 57, s. 311.
312. The applicant must serve on the clerk or the secretary-treasurer of the municipality a certified copy of the judgment having become a res judicata and declaring the member of the council disqualified or ousted from office.
Where the judgment is appealed but is under a provisional order of execution, the appellant must serve a certified copy of the appealed judgment and, where such is the case, of the order of execution on the clerk or the secretary-treasurer.
The clerk or the secretary-treasurer shall, as soon as possible, notify the council, the regional county municipality, the urban community, the intermunicipal board of management and every public body whose sittings the respondent is no longer entitled to attend. He shall also notify them as soon as practicable where the respondent recovers the right to attend.
The first two paragraphs do not apply where the appellant is the municipality.
1987, c. 57, s. 312; 1990, c. 85, s. 122.
CHAPTER X
TERM OF OFFICE OF COUNCIL MEMBERS
313. Within 30 days after having been declared elected, the person elected shall make the oath to perform his duties of office according to law.
His term of office as council member begins when he makes the oath.
1987, c. 57, s. 313.
314. The term of the mayor expires when the candidate elected to the office of mayor at the regular election makes the oath or, if he fails to do so, at the expiry of the time prescribed therefor.
The term of a person holding office as councillor expires when the candidate elected to the office at the regular election makes the oath of office or, if he fails to do so, at the expiry of the time prescribed therefor.
However, where a person holding office is a candidate for another office at a regular election, his term expires at the time the candidate elected to either office makes the oath of office or, if he fails to do so, at the expiry of the time prescribed therefor.
1987, c. 57, s. 314; 1989, c. 56, s. 3.
314.1. Notwithstanding sections 313 and 314, where a change affecting the composition of the council, such as a change described in the third paragraph, takes effect following a regular election,
(1)  the term of a candidate elected to the office of councillor for a seat open for nominations at that election shall begin on the later of the following events:
(a)  when he makes the oath of office;
(b)  when the majority of the candidates elected to the office of councillor have made the oath of office;
(2)  the term of every councillor whose seat is open for nominations or ceases to exist following that election shall expire at the time specified in paragraph b of subparagraph 1.
However, if the majority of the candidates elected to the office of councillor for seats open for nominations at the election have not made the oath of office before the thirty-fifth day following polling day, the term of a candidate who has made the oath of office shall begin on that day and the term of the councillors referred to subparagraph 2 of the first paragraph shall expire at the same time.
Changes affecting the composition of the council and giving rise to the application of the first or second paragraph are as follows:
(1)  a reduction in the number of seats of councillor;
(2)  the beginning or end of the division of the territory for election purposes;
(3)  the replacement of a division of the territory into wards by a division into electoral districts;
(4)  a change in the boundaries of any of the electoral districts or wards.
The clerk or the secretary-treasurer shall give notice in writing to every person affected by this section of the date of the beginning or expiry of his term.
1989, c. 56, s. 4; 1990, c. 47, s. 23.
314.2. During the period commencing at 4:30 in the afternoon twenty-three days before polling day in a regular election and ending when the majority of the candidates elected to the office of councillor for seats open for nominations at that election have made the oath of office, the council shall not sit unless a fortuitous event necessitating its intervention occurs. Deliberations during such a sitting shall pertain only to such event.
If the majority of the candidates elected to the office of councillor for seats open for nominations at the election have not made the oath of office before the thirty-fifth day following polling day, the provisions of the first paragraph cease to apply from the beginning of that day.
1989, c. 56, s. 4.
315. The term of a member of the council ends prematurely upon his death or, in accordance with this chapter, upon his resignation, failure to attend council sittings, disqualification, the annulment of his election or his ouster from office.
The term of a councillor elected mayor by co-optation under section 336 ends prematurely when his term as mayor begins.
1987, c. 57, s. 315.
316. A member of the council may resign from office by transmitting a writing to that effect signed by him to the clerk or the secretary-treasurer of the municipality.
The term of the member ends on the date of transmission of the writing or on any later date specified therein.
The clerk or the secretary-treasurer shall table the writing before the council at the first sitting after it is transmitted.
1987, c. 57, s. 316.
317. The term of a member of the council who fails to attend council sittings for 90 consecutive days ends at the close of the first sitting after the expiry of the 90 days unless the member attends that sitting.
The council may, at the first sitting after the 90 days, grant 30 days of grace to the member if he was in fact unable to attend the sittings. In such case, the term of the member ends 31 days later, unless he attends a sitting of the council during the period of grace.
The council may also in due time order that a member’s failure to attend sittings of the council for serious reasons beyond his control and causing no prejudice to the citizens of the municipality or of the electoral district or ward, as the case may be, shall not entail the end of his term.
The first three paragraphs do not apply where the member is unable to attend the sittings by reason of the provisional execution of a judgment declaring the nullity of his election or his disqualification or ouster from office.
This section applies only to the member’s attendance in his capacity as member.
1987, c. 57, s. 317; 1999, c. 40, s. 114.
318. The term of a member of the council who is disqualified or was disqualified during his term of office ends on the date on which the judgment declaring the member disqualified becomes a res judicata.
Where the disqualification of a member results from the fact that, after his election, he became ineligible pursuant to section 62 or 63 or he became a Member of the Parliament of Québec or Canada, his term ends on the day he begins to hold the office referred to in that section or becomes a Member of Parliament.
Where the disqualification of a member results from the fact that he has been convicted of an offence described in section 301, his term ends on the day the judgment convicting him becomes a res judicata. Where the disqualification of a member results from the fact that he has been convicted of an offence described in section 302 and has been imposed a penalty contemplated therein, his term ends, except in the case of an immediate pardon, on the date the judgment convicting him becomes a res judicata or on the day the final sentence is pronounced, whichever is later.
The second and third paragraphs apply subject to sections 321 to 328.
1987, c. 57, s. 318; 1990, c. 4, s. 407; 1997, c. 34, s. 27.
319. The term of a member of the council ends on the date the judgment declaring the nullity of his election or ousting him from office becomes a res judicata.
1987, c. 57, s. 319.
320. The clerk or secretary-treasurer who ascertains that the term of a member of the council has ended by reason of his failure to attend sittings of the council, his disqualification, the nullity of his election or his ouster from office, shall notify in writing the Commission municipale du Québec as soon as possible.
The Commission shall, after inquiry, ascertain whether or not the term of office has ended. It shall transmit, at the same time, a copy of its decision to the municipality and to the member concerned.
The Commission may, even though it has not been notified as required by the first paragraph, act in accordance with the second paragraph.
Where the Commission ascertains that the term has ended pursuant to the second or third paragraph of section 318, it shall attach a notice reproducing sections 321 to 328 to the copy of its decision.
1987, c. 57, s. 320; 1999, c. 25, s. 28.
321. The member of the council may contest the Commission’s decision where the latter ascertains that the term of the member has ended pursuant to the second or third paragraph of section 318.
The contestation must, under pain of absolute nullity, be made by means of a writing signed by the member and transmitted to the clerk or the secretary-treasurer and the Commission within 10 days after the transmission of the copy of the Commission’s decision.
The Commission shall notify the municipality in writing of the date on which it received the writing in contestation.
1987, c. 57, s. 321; 1999, c. 40, s. 114.
322. In case of contestation, the Commission may apply for judicial confirmation of the date of the end of the term of the council member.
The municipality, an elector of the municipality or the Attorney General may also make the application.
1987, c. 57, s. 322.
323. An application for judicial confirmation of the date on which the member’s term ends is made by a motion to a judge of the Superior Court of the judicial district in which all or part of the territory of the municipality is situated, filed in the office of the Court.
The respondent is the council member whose end of term is the subject of the application for judicial confirmation.
Subject to sections 326 to 328, the procedure shall be according to the ordinary rules of the Code of Civil Procedure (chapter C-25) but the motion shall be heard and decided by preference.
1987, c. 57, s. 323.
324. The motion must, on pain of dismissal, be made within 30 days after the Commission receives the writing in contestation.
A motion by the Commission, an elector or the Attorney General shall be served on the municipality before being brought.
1987, c. 57, s. 324.
325. If no motion is brought within the prescribed time, the term of the council member shall continue.
The clerk or the secretary-treasurer shall then notify the member as soon as practicable and the council at its next sitting.
The member shall be notified in writing.
1987, c. 57, s. 325.
326. The judge to whom the motion is validly made may either grant it or dismiss it on the ground that the disqualification of the member of the council is not manifest and that the end of his term must be established, where such is the case, under the first paragraph of section 318 rather than under the second or third paragraph.
1987, c. 57, s. 326.
327. No appeal lies from the decision of the judge.
1987, c. 57, s. 327.
328. If the motion is dismissed, the term of the council member shall continue.
The clerk or secretary-treasurer shall then notify the member as soon as practicable and the council at its next sitting.
The member shall be notified in writing.
The judge’s decision cannot be pleaded as grounds for the inadmissibility of or as a plea of res judicata against an action for declaration of disqualification or a motion in contestation of an election or for ouster from office.
1987, c. 57, s. 328.
329. Sections 318 to 328 apply to an elected candidate whose term has not begun and, except sections 325 and 328, prevent it from beginning.
1987, c. 57, s. 329.
CHAPTER XI
VACANCIES AND PROCEDURE FOR FILLING VACANCIES ON THE COUNCIL
DIVISION I
VACANCIES
330. The office of a member of the council of a municipality becomes vacant on the day the person elected to that office is in default to make the oath that he will perform his duties according to law.
1987, c. 57, s. 330.
331. The office becomes vacant on the day of the premature end of the term of its holder.
The office does not become vacant where the premature end of the term is the result of a judgment which designates another holder.
In the case where the premature end of the term occurs in circumstances described in the second or in the third paragraph of section 318, the office becomes vacant upon the expiry of the time prescribed for the transmission of the writing in contestation of the end of the term, if it is not contested, or, on the day on which the judge grants the motion to confirm the end of the term, if it is contested.
1987, c. 57, s. 331.
332. The office becomes vacant on the day fixed as the end of the term under sections 318 to 328 where the term of the person elected to the office cannot begin.
Where the incumbent office holder is still in office on that date, the office becomes vacant on the day his term expires.
1987, c. 57, s. 332.
333. The clerk or the secretary-treasurer, on ascertaining that an office has become vacant, shall notify the council at the next sitting or, if the council cannot sit, give public notice of the vacancy.
1987, c. 57, s. 333; 1999, c. 25, s. 29.
334. This chapter does not apply to a vacancy existing, as a result of the application of the third paragraph of section 314 or of section 314.1, between the expiry of a term occurring after the regular election of a candidate to that office and the beginning of his term.
1987, c. 57, s. 334; 1989, c. 56, s. 5.
DIVISION II
BY-ELECTION AND CO-OPTATION
335. Any vacancy occurring more than 12 months before the day fixed for the next regular election in which the office is to be open for nominations must be filled by a by-election.
Where the vacancy occurs 12 months or less before that day, the council may, within 15 days after notice of the vacancy, order a by-election to fill it.
1987, c. 57, s. 335.
336. Where a vacancy occurs in the office of mayor 12 months or less before the day fixed for the next regular election in which the office is to be open for nominations and the council has not ordered a by-election to fill it, the councillors shall elect one of their number to the office within 30 days after notice of the vacancy.
The election shall be held by secret ballot at a sitting of the council.
The clerk or secretary-treasurer shall determine the nomination and voting procedure. He shall declare the person who obtains the greatest number of votes elected.
If there is an equality of votes, the person presiding at the sitting shall cast a vote in favour of one of the persons who have received an equal number of votes.
The person elected shall, within the following 30 days, make the oath to perform his duties as mayor according to law.
1987, c. 57, s. 336.
337. Where a vacancy occurs in the office of a councillor 12 months or less before the day fixed for the next regular election in which the office is to be open for nominations and the council has not ordered a by-election to fill it, it shall not be filled until that regular election.
The first paragraph applies with the reservation that the Minister of Municipal Affairs and Greater Montréal may order a by-election or make an appointment to fill the vacancy in accordance with Division III.
1987, c. 57, s. 337; 1999, c. 43, s. 13.
338. Chapters V to X, adapted as required and to the extent that they are consistent with this division, apply to a by-election.
Notwithstanding the foregoing, the second paragraph of section 146 does not apply to a by-election.
1987, c. 57, s. 338; 1990, c. 20, s. 16.
339. The returning officer, within 30 days after the notice of vacancy or after the council orders a by-election to fill the vacancy, as the case may be, shall fix, as polling day, a Sunday in the four months following the notice or decision.
The Minister of Municipal Affairs and Greater Montréal, at the request of the returning officer, may grant him an extension or allow him to change, even outside the four-month period provided for in the first paragraph, the Sunday fixed as polling day and, consequently, to give a new notice of election. In the second case, the Minister shall prescribe the adaptations to be made to the rules applicable to the by-election.
The returning officer shall notify the council as soon as practicable of the day fixed as polling day.
1987, c. 57, s. 339; 1999, c. 25, s. 30; 1999, c. 43, s. 13.
340. The notice of election shall be given not later than 37 days before polling day in cases where the returning officer does not prepare a list of electors.
If the notice of election is given later than 58 days before the day fixed for polling day, no nomination paper may be filed before the day of publication of the notice.
In the case of a municipality subject to Divisions II to IX of Chapter XIII, the returning officer shall transmit a certified true copy of the notice of election to the chief electoral officer.
1987, c. 57, s. 340; 1997, c. 34, s. 28.
341. With regard to the right to be entered on the list of electors for the by-election, the eligibility for that election and the disqualification resulting from the loss of eligibility, the date of 1 September of the calendar year in which a regular election is to take place shall be replaced by the date of publication of the notice of election.
1987, c. 57, s. 341.
342. A person who holds another office on the same council is not eligible.
1987, c. 57, s. 342.
343. It shall not be necessary to prepare a list of electors of the municipality or, as the case may be, of the electoral district or ward, where the date fixed as polling day occurs 90 days or less after the last revision of the list of electors in force is completed.
Where the returning officer does not draw up a new list, he shall deposit the list of electors in force as soon as practicable after publication of the notice of election and it shall not be necessary to give the public notice prescribed in section 56.
1987, c. 57, s. 343; 1997, c. 34, s. 29; 1999, c. 25, s. 31.
344. Where the returning officer prepares a list of electors of the municipality or, as the case may be, of the electoral district or ward, he shall do so in the period beginning on the day of publication of the notice of election and ending 30 days before polling day.
1987, c. 57, s. 344; 1997, c. 34, s. 30.
DIVISION III
INTERVENTION OF THE MINISTER OF MUNICIPAL AFFAIRS AND GREATER MONTRÉAL
1999, c. 43, s. 13.
345. The clerk or the secretary treasurer shall notify the Minister of Municipal Affairs and Greater Montréal in writing if any of the following events occurs and subdivision 2 of Division VII of Chapter VI is not applicable:
(1)  an election, including an election under section 336, required to be held has not been held;
(2)  an election has not been completed;
(3)  an election has not resulted in the election of candidates to all the offices open for nominations;
(4)  the council lacks a quorum by reason of vacancies.
1987, c. 57, s. 345; 1999, c. 25, s. 32; 1999, c. 43, s. 13.
346. Where an event described in section 345 occurs, the Minister may order the holding of a by-election or appoint an eligible person to fill the vacancy.
The by-election is governed by Division II, except that the Minister shall designate the returning officer and fix the polling day.
The person appointed by the Minister is deemed to have been elected and declared elected on the day of his appointment.
1987, c. 57, s. 346.
CHAPTER XII
RELATED RIGHTS AND OBLIGATIONS
DIVISION I
LEAVE WITHOUT PAY
347. Every employer shall, upon written request, grant leave without pay to his employee who is a candidate at a municipal election.
The request may be made at any time after the date of publication of the notice of election, even before the employee becomes a candidate.
1987, c. 57, s. 347.
348. Every employer shall, upon written request, grant leave without pay to his employee who is a member of the council of a municipality.
The request may be made at any time after the date the employee is declared elected, even before he becomes a member of the council.
Notwithstanding the foregoing, no employer may be required pursuant to the first paragraph to grant leave without pay to his employee for a total period of more than eight years or two terms, whichever is longer.
1987, c. 57, s. 348.
349. Every employer shall, upon written request, grant leave without pay to his employee who is the official agent of an authorized party or of an independent candidate or the deputy of an official agent.
The request may be made at any time after the date of publication of the notice of election, even before the employee becomes an official agent or the deputy of an official agent.
1987, c. 57, s. 349.
350. The leave begins on the day the employee becomes a candidate, a member of the council, an official agent or the deputy of an official agent, as the case may be, or on the first day for which he requested the leave, whichever is later.
The leave of a candidate terminates on the day of the declaration of election to the office concerned, that granted to a member of the council terminates on the expiry of his term and that granted to an official agent or deputy terminates on the expiry of the time prescribed for the transmission of returns of election expenses.
An employee may terminate his leave at any time by means of a thirty-day advance notice to the employer in the case of a council member or five days, in other cases.
1987, c. 57, s. 350.
351. The leave may be full time or part time, according to the employee’s request.
Where an employee requests part time leave, he shall specify the days or hours of his leave.
1987, c. 57, s. 351.
352. Notwithstanding any agreement or Act inconsistent herewith, the employee, throughout his leave as a candidate, official agent or deputy, is entitled to all the benefits attached to his employment, except his remuneration.
1987, c. 57, s. 352.
353. The employee who makes a written request to that effect at the beginning of his leave may, while on leave, continue to contribute to all the plans in which he participates provided he pays the totality of the premiums, including the employer’s contribution.
1987, c. 57, s. 353.
354. At the expiry of the leave, the employer shall reinstate the employee, on the conditions of employment prevailing before the beginning of the leave or conditions more favourable for the employee, in accordance with the provisions of the collective agreement or, failing that, the agreement between the employer and the employee, taking into account the benefits to which he continued to be entitled during his leave.
1987, c. 57, s. 354.
355. No employer may, by reason of the leave, dismiss, lay off, suspend, demote or transfer the employee or give him less favourable conditions of employment than he is entitled to or diminish any benefit attached to his employment and to which he is entitled.
The employer shall not subtract the leave granted to an employee who is a candidate, an official agent or a deputy from the period of vacation of the employee.
1987, c. 57, s. 355.
356. An employee believing himself the victim of a contravention of this division may file a complaint with the labour commissioner general appointed under the Labour Code (chapter C-27). Sections 15 to 20, 49 to 51, 118 to 137, 139 to 140.1 and 150 to 152 of the Labour Code then apply, adapted as required.
An employee governed by a collective agreement or the association certified to represent him may elect to invoke the grievance settlement and arbitration procedure instead of filing a complaint with the labour commissioner general. Sections 17, 100 to 100.10 and 139 to 140.1 of the Labour Code (chapter C-27) then apply, adapted as required.
Where a complaint is filed with the labour commissioner general at the same time the grievance settlement and arbitration procedure is invoked, the arbitrator must refuse to hear the grievance.
1987, c. 57, s. 356.
DIVISION II
DISCLOSURE OF PECUNIARY INTERESTS OF COUNCIL MEMBERS
357. Within 60 days of the declaration of his election, every member of the council of a municipality must file with the council a written statement of his pecuniary interests in immovables located in the territory of the municipality and in the territory of the regional county municipality or of the urban community on whose council the mayor of the municipality sits and in legal persons, partnerships and entreprises likely to make transactions with the municipality or any municipal body of which he is a member.
The statement must include a list of the employments and administrative positions held by the member of the council and of the loans he has obtained from a person or body other than a financial institution on which the balance in principal and interest is over $2 000.
The statement does not indicate the value of the interests listed or the extent of the interests of the council member in legal persons, partnerships or entreprises. No mention shall be made of any sum of money deposited with a financial institution or of any bonds issued by a government, a municipality or any other public body that may be held by the council member.
1987, c. 57, s. 357; 1990, c. 85, s. 122; 1996, c. 2, s. 660.
358. Every year, within 60 days after the anniversary of the declaration of his election, each member of the council shall file an updated statement with the council.
1987, c. 57, s. 358.
359. A member of the council who fails to file the statement within the prescribed time loses, from the tenth day following the expiry of the prescribed time and until the statement is filed, the right to attend in that capacity the sittings of the council of the municipality or of the committees and commissions thereof, of the councils, committees and commissions of the regional county municipality, the urban community, or any intermunicipal board of management or of any other board, committee, commission or public body of which he is a member by reason of the fact that he is a member of the council of the municipality, regional county municipality, community or board.
As soon as practicable after the expiry of the time prescribed for filing the statement, the clerk or the secretary-treasurer shall notify the member who has not filed the statement of his failure and of the effects thereof.
As soon as practicable after the member has lost the right to attend sittings, the clerk or the secretary-treasurer shall notify the council, the regional county municipality, the urban community, the intermunicipal board of management and every other public body the sittings of which he is no longer entitled to attend. He shall also notify them as soon as practicable where the member files the statement and recovers the right to attend sittings.
1987, c. 57, s. 359; 1990, c. 85, s. 122.
360. Every member who has lost the right to attend sittings loses, as a consequence, the right to receive the remuneration or allowance prescribed for each sitting he is not entitled to attend.
Where the remuneration or allowance of the member is not established for each sitting, an amount equal to 1% of the annual amount of the remuneration or allowance shall be deducted for each sitting he is not entitled to attend.
1987, c. 57, s. 360.
361. Every member of the council of a municipality who is present at a sitting when a matter in which he has a direct or indirect pecuniary interest is taken up for consideration shall disclose the general nature of his interest before discussions on the matter are begun and abstain from participating in the discussions and from voting or attempting to influence the vote on that matter.
The first paragraph also applies to a sitting of any board, committee or commission of the municipality or of a municipal body of which the council member is a member.
Where a sitting is not public, the member, in addition to complying with the requirements of the first paragraph, shall, after disclosing the general nature of his interest, leave the sitting while the matter is being discussed and voted on.
Where the matter is taken up for consideration at a sitting not attended by the member, he shall disclose the general nature of his interest at the first sitting attended by the member after becoming aware of that fact.
1987, c. 57, s. 361; 1999, c. 25, s. 33.
362. Section 362 does not apply where the member’s interest consists of remuneration, allowances, reimbursements of expenses, social benefits or other conditions of employment attached to his duties with the municipality or the municipal body.
Nor does section 361 apply where the interest is so minor that the member could not reasonably be influenced by it.
1987, c. 57, s. 362.
363. For the purposes of this division, the words municipal body have the meaning assigned to those words in section 307.
1987, c. 57, s. 363.
CHAPTER XIII
FINANCING OF MUNICIPAL POLITICAL PARTIES AND INDEPENDENT CANDIDATES AND CONTROL OF ELECTION EXPENSES
DIVISION I
DEFINITIONS AND APPLICATION
364. In this chapter,
election period means the period beginning 58 days before polling day or, as the case may be, on the day following the publication of the notice of election and ending on polling day at the time of closing of the polling stations;
electoral district means, in addition to its ordinary meaning, a ward or, if none, the whole territory of the municipality if the municipality is not divided into electoral districts or if the divisions do not apply;
financial institution means a chartered bank, a bank governed by the Quebec Savings Banks Act (Revised Statutes of Canada, 1970, chapter B-4), a trust company or a savings and credit union within the meaning of the Savings and Credit Unions Act (chapter C-4.1);
fiscal year means the calendar year;
leader means the person designated by the party to perform the duties of leader provided for in this chapter;
treasurer means the treasurer, the secretary-treasurer or the head of the finance department of the municipality.
1987, c. 57, s. 364; 1988, c. 64, s. 587; 1998, c. 31, s. 84; 1998, c. 52, s. 95.
365. Divisions II to IX apply to every municipality having a population of 5,000 or over.
Where Divisions II to IX have begun to apply to a municipality, they continue to apply even if its population falls below 5,000.
1987, c. 57, s. 365; 1998, c. 31, s. 85; 1999, c. 25, s. 34.
366. The minister of Municipal Affairs and Greater Montréal may, upon request, order that Divisions II to IX cease to apply to a municipality having a population of under 5 000, on the terms and conditions he determines and render them again applicable to it in the same manner.
Divisions II to IX shall become again applicable to the municipality once its population again reaches 5 000.
The Minister shall publish in the Gazette officielle du Québec a notice of his decision to end the application of Divisions II to IX to a municipality or to render them again applicable to it. He shall transmit a copy of the notice to the chief electoral officer.
1987, c. 57, s. 366; 1998, c. 31, s. 86; 1999, c. 25, s. 35; 1999, c. 43, s. 13.
DIVISION II
PERSONS ENTRUSTED WITH A FUNCTION RELATING TO THE FINANCING OF MUNICIPAL POLITICAL PARTIES AND INDEPENDENT CANDIDATES AND THE CONTROL OF ELECTION EXPENSES
§ 1.  — Chief electoral officer
367. The chief electoral officer shall see to the carrying out of this chapter.
He may conduct studies on the financing of municipal political parties and independent candidates and their election expenses.
1987, c. 57, s. 367.
368. The chief electoral officer shall, in particular,
(1)  authorize parties and independent candidates;
(2)  verify that the parties and candidates are complying with this chapter;
(3)  give directives on the carrying out of this chapter;
(4)  receive and examine the reports and returns transmitted to him;
(5)  (paragraph repealed).
1987, c. 57, s. 368; 1999, c. 25, s. 36.
369. In respect of information of the public, the chief electoral officer may, in particular,
(1)  provide any person applying therefor with advice and information regarding the carrying out of this chapter;
(2)  give public access to the information, reports, returns or documents relating to this chapter;
(3)  maintain an information centre on this chapter;
(4)  regularly hold information meetings and conferences for the benefit of the parties, the candidates, the municipalities and the public;
(5)  at the request of a party or an independent candidate, furnish the information required for the training of its or his official representative or official agent;
(6)  make any publicity he considers necessary.
1987, c. 57, s. 369.
370. (Repealed).
1987, c. 57, s. 370; 1999, c. 25, s. 37.
371. (Repealed).
1987, c. 57, s. 371; 1999, c. 25, s. 37.
372. (Repealed).
1987, c. 57, s. 372; 1999, c. 25, s. 37.
373. (Repealed).
1987, c. 57, s. 373; 1999, c. 25, s. 37.
374. (Repealed).
1987, c. 57, s. 374; 1999, c. 25, s. 37.
375. The chief electoral officer may delegate to the returning officer of the municipality the exercise of any power or the performance of any function he indicates in respect of the authorization of an independent candidate.
1987, c. 57, s. 375; 1999, c. 25, s. 38.
§ 2.  — Treasurer
376. For the purposes of the carrying out of this chapter, the treasurer is under the authority of the chief electoral officer.
1987, c. 57, s. 376.
376.1. Section 88.1 applies, with the necessary modifications, to the treasurer.
1999, c. 25, s. 39.
377. The treasurer is entitled to receive a remuneration or an expense allowance from the municipality for the functions he performs.
The council of the municipality may establish a remuneration or allowance tariff; the council may delegate that power to the executive committee, if any. Any tariff fixing a remuneration or allowance that is lower than that fixed by the tariff established by the Minister of Municipal Affairs and Greater Montréal under Title III shall be submitted for approval to the Minister.
The treasurer of a municipality that has not established a tariff is entitled to the remuneration or allowance fixed by the tariff established by the Minister.
1987, c. 57, s. 377; 1999, c. 43, s. 13.
§ 3.  — Leader of the party
378. Every party seeking or holding an authorization must have a leader.
1987, c. 57, s. 378.
379. Any vacancy in the office of leader of an authorized party or a party whose application for authorization is pending must be filled within 30 days.
1987, c. 57, s. 379.
§ 4.  — Official representative and official agent
380. Every party or independent candidate seeking or holding an authorization must have an official representative.
An authorized party may also have a delegate of its official representative for each electoral district. For the purposes of the designation of the delegate, the municipal by-laws or the decision of the Commission de la représentation establishing the electoral districts may be taken into account upon coming into force.
1987, c. 57, s. 380.
381. Every authorized party must have an official agent and it may also have deputy official agents.
Every independent candidate must have an official agent.
1987, c. 57, s. 381.
382. The official representative and the official agent of a party shall be the same person unless the leader decides otherwise.
Where the offices of official representative and official agent are not held by the same person or where the office of official agent is vacant, the holder of the office of official representative is deemed to hold the office of official agent until the vacancy is filled.
The official representative and the official agent of an authorized independent candidate shall be the same person.
1987, c. 57, s. 382.
383. In no case may an official representative, his delegate, an official agent or his deputy be a person who
(1)  is not an elector of the municipality;
(2)  is a candidate for the office of member of the council of the municipality;
(3)  is the leader of a party carrying on its activities in the territory of the municipality;
(4)  is an election officer of the municipality or an employee of such an election officer;
(5)  is an officer or employee of the municipality;
(6)  is the chief electoral officer or a member of his personnel;
(7)  is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3).
Disqualification under subparagraph 7 of the first paragraph shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
1987, c. 57, s. 383; 1989, c. 1, s. 600; 1990, c. 4, s. 408.
384. The leader of a party shall designate, in writing, the official representative of the party and, where such is the case, his delegate or delegates and the official agent of the party.
An independent candidate shall designate his official representative and official agent in the writing he files with his nomination paper.
The writing must include the designated person’s consent and be countersigned by him.
1987, c. 57, s. 384.
385. The official agent of an authorized party may, with the approval of the leader of the party, appoint a sufficient number of deputies and authorize each of them to incur or authorize election expenses up to the amount fixed by him in each deed of appointment. The deed of appointment shall include the consent of the deputy and be countersigned by him.
The amount fixed in the deed of appointment may, before the filing of the return of election expenses, be changed in writing by the official agent. However, the official agent may not reduce the amount of expenses to less than the amount of election expenses already incurred or authorized according to law by the deputy.
1987, c. 57, s. 385.
386. Any person referred to in this subdivision may resign by transmitting a writing to that effect, signed by him, to the person who appointed him.
He shall transmit a copy of the writing to the chief electoral officer.
1987, c. 57, s. 386.
387. Any vacancy in the office of official representative or official agent of an authorized party or of an independent candidate must be filled as soon as practicable.
Notwithstanding the foregoing, where the offices of official representative and official agent of the party are held by two persons, a vacancy in the office of official agent need not be filled if the leader of the party decides that both offices will in the future be held by the same person.
1987, c. 57, s. 387.
§ 5.  — Auditor of the party
388. The leader of an authorized party shall, not later than 30 days after the day the authorization is granted, appoint an auditor from among the persons duly entitled to practise public auditing in Québec.
1987, c. 57, s. 388.
389. The following persons shall not act as auditor:
(1)  the chief electoral officer;
(2)  the officers or employees of the municipality;
(3)  members of the Parliament of Québec or of the Parliament of Canada;
(4)  the leader of the party or other executive officer of the party;
(5)  official agents or representatives of parties carrying on their activities in the territory of the municipality and those of independent candidates for office as a member of the council of the municipality;
(6)  candidates for office as member of the council of the municipality at the last general election, any subsequent by-election or the current election;
(7)  the auditor of the municipality;
(8)  the election officers of the municipality;
(9)  a person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3).
Disqualification under subparagraph 9 of the first paragraph shall continue for five years from the day on which the judgment convicting the person becomes a res judicata.
The associates and the employees of the persons contemplated in subparagraphs 1 to 8 of the first paragraph are also disqualified from holding office as auditor.
1987, c. 57, s. 389; 1989, c. 1, s. 601; 1990, c. 4, s. 405.
390. The auditor may resign by transmitting a writing to that effect signed by him to the party leader.
He shall transmit a copy of that writing to the chief electoral officer.
1987, c. 57, s. 390.
391. Any vacancy in the office of auditor of an authorized party must be filled as soon as practicable.
1987, c. 57, s. 391.
§ 6.  — Transmission of information
392. Every authorized party or party whose application for authorization is pending shall, as soon as possible, notify the treasurer and the chief electoral officer in writing of every appointment made under any of subdivisions 3 to 5, whether as actual holder of the office or as interim, of any vacancy in the office of official agent and of the decision of the leader of the party not to fill the vacancy in the office of official agent.
The notice shall be given by the leader of the party, by the official representative or by any other person designated for that purpose by the leader of the party. If the notice cannot be given by one of those persons, it may be given by another officer.
The notice of the appointment of the new leader of the party must be accompanied with a copy of the resolution to that effect passed in conformity with the by-laws of the party and certified by two or more officers of the party.
The application for authorization constitutes a notice to the chief electoral officer of the appointment of the initial holders of the offices of leader and official representative.
1987, c. 57, s. 392; 1999, c. 25, s. 40.
393. Every independent candidate shall, as soon as practicable, notify the treasurer and the chief electoral officer in writing of the appointment of his official representative or official agent whether as first holder of the office or as interim and of any vacancy in that office.
The writing accompanying the nomination paper and the application for authorization constitute a notice to the treasurer and chief electoral officer, respectively, of the appointment of the initial holders of the offices of official representative and official agent.
The returning officer shall notify the treasurer of the appointment, as soon as practicable.
1987, c. 57, s. 393.
394. At the beginning of the election period, the treasurer shall post the list of the official agents of the parties and of the independent candidates in the office of the municipality.
He shall keep the list up-to-date during that period.
1987, c. 57, s. 394.
DIVISION III
AUTHORIZATION OF PARTIES AND INDEPENDENT CANDIDATES
§ 1.  — Authorization required
395. Every party or independent candidate wishing to solicit or collect contributions, to incur expenses or to contract loans shall obtain an authorization from the chief electoral officer in accordance with this division.
1987, c. 57, s. 395.
§ 2.  — Authorization of a party
396. A party may apply for authorization if it undertakes, through its leader, to present candidates for at least one-third of the offices of councillor at any future general election.
However, in the case of a municipality whose regular elections are not general elections, the undertaking shall consist in presenting candidates for at least two-thirds of the offices of councillor open for nominations at every future regular election. For the application of sections 389 and 406 to such a municipality, the expression “general election” means a regular election.
1987, c. 57, s. 396; 1999, c. 25, s. 41.
397. The leader of the party shall transmit to the chief electoral officer a written application for authorization containing the following information:
(1)  the name of the party;
(2)  the address to which communications intended for the party must be sent;
(3)  the address where the books and accounts pertaining to the funds of the party, the expenses it will incur and the loans it will contract are to be kept;
(4)  the name, domiciliary address and telephone number of the leader of the party;
(4.1)  the name, address and telephone number of two officers of the party other than the leader ;
(5)  the name, address and telephone number of the party’s official representative and those of his delegates, if any;
(6)  the name of the party’s auditor, if any;
(7)  the address of the permanent office of the party, if any;
(8)  the name of the municipality in whose territory the party intends to carry on its activities and for whose council it intends to present candidates;
(9)  the amount of the funds at the disposal of the party.
The application must also contain the undertaking entitling the party to apply for authorization.
The application must be accompanied with the names, addresses and signatures, for at least one-third of the electoral districts, of ten electors from each such electoral districts who affirm that they are members or sympathizers of the party and that they support the application for authorization. The address of the elector must be the address entered on the list of electors of the district.
1987, c. 57, s. 397; 1999, c. 25, s. 42.
398. The chief electoral officer shall grant the authorization to a party which applies therefor in accordance with this subdivision.
The chief electoral officer shall refuse his authorization to a party if the name of the party includes the word “independent” or is likely to mislead the electors as to which party they are contributing to.
The authorization is valid only in respect of the municipality mentioned in the application.
1987, c. 57, s. 398.
399. An authorized party cannot change its name without the approval of the chief electoral officer who shall refuse to approve the proposed new name if it includes the word “independent” or is likely to mislead the electors as to which party they are contributing, or if the application for a change of name is made during the election period´.
The application for approval is made by means of a writing by the leader of the party.
1987, c. 57, s. 399; 1999, c. 25, s. 43.
399.1. Before filing an application for authorization, the leader of a party may apply in writing to the chief electoral officer to have a name reserved for a period not exceeding six months. The application must specify the municipality in whose territory the party intends to carry on its activities and the council for which it intends to present candidates.
The second and third paragraphs of section 398 apply to the reservation, with the necessary modifications.
A party having reserved a name may, however, specify another name in its application for authorization.
1999, c. 25, s. 44.
§ 3.  — Authorization of an independent candidate
400. The chief electoral officer shall grant an authorization to an independent candidate who applies therefor in writing and furnishes the following information:
(1)  his name, the address of his domicile and his telephone number;
(2)  the name of the municipality for whose council he is a candidate;
(3)  the address to which communications intended for him must be sent;
(4)  the address where the books and accounts pertaining to the funds he will receive as a candidate, the expenses he will incur and the loans he will contract are to be kept;
(5)  the name, address and telephone number of his official representative.
The authorization is valid only in respect of the municipality mentioned in the application.
1987, c. 57, s. 400.
401. The authorization granted to an independent candidate entitles his official representative to solicit and collect contributions until polling day.
After polling day, the authorization granted to the candidate entitles his official representative to solicit and collect contributions only for the purpose of paying the debts arising from his election expenses and to dispose, for political, religious, scientific or charitable purposes or for other purposes listed in section 498, of the funds or goods he obtained as a candidate and which remain in his possession.
Where a candidate withdraws or is declared elected before the end of the polling period, his authorization entitles his official representative, after the withdrawal or declaration of election, to solicit and collect contributions solely for the purpose of paying the debts arising from his election expenses incurred before the withdrawal or declaration of election and to dispose, for the purposes mentioned in the second paragraph, of the funds or goods he obtained as a candidate and which remain in his possession.
1987, c. 57, s. 401.
402. The authorization granted to an independent candidate expires on 31 December of the calendar year following the year of the election unless it is withdrawn before then.
The authorization of an independent candidate who was elected and who has not discharged all the debts arising from his election expenses by that date expires on the date the financial report establishing that all the debts have been discharged is filed.
1987, c. 57, s. 402.
§ 4.  — Withdrawal of authorization
403. The chief electoral officer may, upon the written application of the leader, withdraw the authorization of a party. He may, upon the written application of an independent candidate, withdraw the candidate’s authorization.
The application must be accompanied with a closing financial report for the period running from the date of authorization or, as the case may be, from the end of the period covered by the preceding financial report to the date of the application. In addition, the application must be accompanied with the financial report for the preceding fiscal year where it has not been filed with the treasurer, and the auditor’s report pertaining to it. In the case of a party, the application must also be accompanied with a copy of the resolution to that effect passed in conformity with the by-laws of the party and certified by two or more officers of the party.
Notwithstanding the foregoing, the chief electoral officer shall not withdraw the authorization of an independent candidate who has not paid all the debts arising from his election expenses.
1987, c. 57, s. 403; 1999, c. 25, s. 45.
404. The chief electoral officer may withdraw the authorization of a party or independent candidate which or who fails to make an appointment required under subdivisions 3 to 5 of Division II or to furnish the information required for the purposes of the updating of the register as provided in section 424, contravenes Division IV or V, or whose official representative contravenes Division VI.
For the purposes of the first paragraph, the failure or contravention of a mandatary is deemed to be a failure or contravention of the party or of the candidate.
1987, c. 57, s. 404.
405. The chief electoral officer shall withdraw the authorization of a party which changes its name if the new name includes the word “independent” or is likely to mislead the electors as to which party they are contributing, or the authorization of a party which changes its name during the election period.
1987, c. 57, s. 405; 1999, c. 25, s. 46.
406. The chief electoral officer shall, unless election proceedings are recommenced pursuant to subdivision 2 of Division VII of Chapter VI, withdraw the authorization of a party which, at the end of the period prescribed for filing nomination papers at a general election, does not present the required number of candidates, or the number of whose candidates falls below the required minimum after that period but before the end of the polling period.
1987, c. 57, s. 406; 1999, c. 25, s. 47.
407. The chief electoral officer shall withdraw the authorization of an independent candidate who dies.
1987, c. 57, s. 407.
408. The funds and assets of a party whose authorization has been withdrawn shall be remitted to the chief electoral officer by the persons holding them not later than ten days after they have been notified of the withdrawal.
The party shall transmit to the chief electoral officer, within 60 days after the withdrawal of authorization,
(1)  a closing financial report for the period running from the date of authorization or, as the case may be, from the end of the period covered by the preceding financial report to the date of the withdrawal of authorization, unless it has already been transmitted with the application for withdrawal;
(2)  the preceding financial report, where it has not been filed with the treasurer, and the auditor’s report pertaining to it, unless it has already been filed with the authorization for withdrawal;
(3)  a list of its creditors including their names, addresses and the amounts due to each.
In addition, the party shall also, at the request of the chief electoral officer, remit to him any book, account or document relating to its financial business.
1987, c. 57, s. 408.
409. The chief electoral officer shall liquidate the assets of the party.
He shall pay the debts of the party out of the sums remitted to him and the proceeds of the liquidation of its assets.
1987, c. 57, s. 409.
410. After payment of the debts, the balance shall be remitted to the treasurer to be deposited into the general fund of the municipality.
1987, c. 57, s. 410.
411. For the purposes of the liquidation of the assets of the party, the chief electoral officer may open accounts in financial institutions having offices in Québec, and designate two or more persons authorized to sign cheques or other orders of payment from among the members of his personnel.
1987, c. 57, s. 411.
412. Where the authorization of the party is withdrawn during the election period, the chief electoral officer may prescribe changes to be made to the rules provided in this chapter to ensure the transition from the status of party candidate to that of authorized independent candidate.
1987, c. 57, s. 412.
413. Where the authorization of an independent candidate is withdrawn at his request, the sums and assets remaining from those he obtained as a candidate shall be remitted to the chief electoral officer by the persons holding them not later than 10 days after they have been notified of the withdrawal. The chief electoral officer shall liquidate the assets and remit to the treasurer the proceeds of the liquidation and the sums that were remitted to him. The treasurer shall deposit the proceeds and the sums into the general fund of the municipality.
Where the authorization of an independent candidate is withdrawn otherwise than at his request, sections 408 to 411 apply, adapted as required.
1987, c. 57, s. 413.
§ 5.  — Merger of authorized parties
414. The merger of authorized parties requires the authorization of the chief electoral officer.
1987, c. 57, s. 414.
415. The application for authorization shall be made by means of a joint application in writing of the leaders of the parties, containing the following information:
(1)  the proposed date of merger;
(2)  the name of the party resulting from the merger;
(3)  the address to which communications intended for the party must be sent;
(4)  the address where the books and accounts pertaining to the funds of the party, the expenses it will incur and the loans it will contract are to be kept;
(5)  the name, domiciliary address and telephone number of the leader of the party;
(5.1)  the name, address and telephone number of two officers of the party other than the leader ;
(6)  the name, address and telephone number of the party’s official representative and those of his delegates, if any;
(7)  the name of the auditor of the party, if any;
(8)  the address of the permanent office of the party, if any;
(9)  the name of the municipality in whose territory the party intends to carry on its activities and for whose council it intends to present candidates.
The application must be accompanied with a balance sheet of each of the applying parties at the date of the application.
1987, c. 57, s. 415; 1999, c. 25, s. 48.
416. Each applying party shall, at the request of the chief electoral officer, remit to him any book, account or document relating to its financial business.
Each applying party shall also, at the request of the chief electoral officer, cause its balance sheet to be audited by an auditor.
1987, c. 57, s. 416.
417. The chief electoral officer shall grant the authorization to merge to the parties which apply therefor in accordance with this subdivision.
The chief electoral officer shall refuse his authorization where the name of the party resulting from the merger includes the word “independent” or is likely to mislead the electors as to which party they are contributing.
The authorization is valid only in respect of the municipality mentioned in the application.
1987, c. 57, s. 417; 1999, c. 25, s. 49.
418. Subject to any provision of another Act governing the merger or dissolution of one of the applying parties, the merger takes effect on the day authorization is granted by the chief electoral officer or on any later date indicated in the application.
From the merger, the applying parties cease to exist and are replaced by the party resulting from the merger, which then succeeds to their rights and obligations.
1987, c. 57, s. 418.
419. Within 60 days after the merger, a financial report for the period running from the date of authorization or, as the case may be, from the end of the period covered by the preceding financial report to the date of the merger shall be transmitted in respect of each applying party to the chief electoral officer.
At the request of the chief electoral officer, the financial report shall be accompanied with a report of the auditor of the party.
1987, c. 57, s. 419.
420. The official representative of the party resulting from the merger shall, not later than 1 April of the calendar year following that of the merger, file the financial report in accordance with Division VI for that part of the fiscal year that has lapsed since the merger.
The financial report of the party shall be accompanied with an opening balance sheet at the date of the merger.
1987, c. 57, s. 420.
§ 6.  — Miscellaneous provisions
421. The chief electoral officer may take such measures as he considers expedient to verify the accuracy of the information furnished in support of an application for authorization.
1987, c. 57, s. 421.
422. Where the chief electoral officer intends to refuse or withdraw his authorization, he shall give the party or independent candidate, as the case may be, the reasons for his decision and an opportunity to be heard.
Every summons is made by registered or certified mail or by any other means considered valid by the chief electoral officer.
The first and second paragraphs do not apply where the chief electoral officer is bound to withdraw the authorization, where the withdrawal of authorization is made at the request of the leader of the party and the copy of the resolution of the party and the closing financial report are attached to the application, or where the withdrawal of authorization is made at the request of the independent candidate.
1987, c. 57, s. 422; 1999, c. 25, s. 50.
423. As soon as practicable after granting or withdrawing his authorization, the chief electoral officer shall give notice of it in a newspaper having general circulation in the municipality.
The notice shall indicate the name of the official representative, and of his delegates, if any.
The chief electoral officer shall give notice, in such a newspaper, of any replacement of the official representative or of a delegate.
1987, c. 57, s. 423.
424. The chief electoral officer shall keep, in respect of each municipality, a register of the parties and independent candidates he has authorized, setting out the following information:
(1)  the name of the party or of the independent candidate, the domiciliary address and telephone number of the leader of the party or independent candidate;
(1.1)  the name, address and telephone number of at least two officers of the party other than the leader ;
(2)  the address to which communications intended for the party or independent candidate must be sent;
(3)  the address where the books and accounts pertaining to the funds of the party or those obtained by the candidate in such capacity, the expenses it or he will incur and the loans it or he will contract are to be kept;
(4)  the name, address and telephone number of the official representative and his delegate and of the official agent and his deputy;
(5)  the name of the auditor of the party;
(6)  the address of the permanent office of the party, if any.
1987, c. 57, s. 424; 1999, c. 25, s. 51.
425. Every authorized party or authorized independent candidate shall, as soon as practicable, furnish in writing to the chief electoral officer, in addition to the information required under sections 392 and 393, all other information required for updating the register.
Such information shall, in the case of a party, be furnished by the leader or official representative of the party or by any other person designated for that purpose by the leader and, in the case of an independent candidate, by the candidate or by his official representative.
In the case of a party, the information may be furnished by another officer if none of the persons referred to in the second paragraph is able to furnish it.
1987, c. 57, s. 425; 1999, c. 25, s. 52.
426. The chief electoral officer shall inform the treasurer of any change in the information contained in the register kept in respect of the municipality.
1987, c. 57, s. 426.
DIVISION IV
CONTRIBUTIONS, EXPENSES AND LOANS
§ 1.  — Contributions
427. The following are contributions:
(1)  any gift of money to a party or to a candidate;
(2)  any service rendered or goods furnished to a party or to a candidate free of charge and for political purposes;
(3)  any money, goods or services furnished by the candidate himself in view of his election, except a sum of money used for the payment of an expense referred to in section 454.
Where goods or services are furnished for political purposes to a party or candidate at a price lower than their value, the difference constitutes a contribution.
For the purposes of this section, goods or services furnished by a trader dealing in similar goods or services shall be assessed at the lowest price at which he offers his goods or services to the public at the time they are furnished to the party or candidate; goods or services furnished by a person other than a trader dealing in similar goods or services shall be assessed at the lowest retail price at which they are offered to the public in the ordinary course of business, according to the market conditions prevailing in the area at the time they are furnished to the party or candidate.
1987, c. 57, s. 427.
428. The following are not contributions:
(1)  the work performed by individuals, voluntarily and not for consideration and the fruit of that work;
(2)  an anonymous donation collected at a meeting or rally held for political purposes;
(3)  an amount paid under any Act, including a reimbursement under subdivision 4 of Division V;
(4)  a loan granted for political purposes, in accordance with subdivision 2, by an elector of the municipality or a financial institution having an office in Québec, at the rate of interest current on the market at the time it is granted;
(5)  suretyship contracted by an elector of the municipality;
(6)  an annual amount not in excess of $25 paid by a natural person for membership in a party;
(7)  at the option of the official representative, applied equally to all the participants, an entrance fee to a political activity or rally, where the fee is not over $60 per day, up to one admission per person.
1987, c. 57, s. 428; 1999, c. 25, s. 53.
429. Only an elector of the municipality may make a contribution.
An elector may make a contribution only in favour of a party or independent candidate holding an authorization that is valid for the municipality.
1987, c. 57, s. 429.
430. Every contribution must be made by the elector himself and, except in the case of a service, out of his own property.
1987, c. 57, s. 430.
431. The total amount of contributions by the same elector for the same fiscal year shall not exceed $1,000 to each of the authorized parties and independent candidates.
1987, c. 57, s. 431; 1999, c. 25, s. 54.
432. No contributions may be solicited except under the responsibility of the official representative or through persons designated in writing by the official representative.
Every person authorized to solicit contributions shall, on request, produce a certificate of his capacity signed by the official representative.
1987, c. 57, s. 432.
433. A contribution shall be made to no one except the official representative of the authorized party or independent candidate for which or for whom it is intended, or the person designated in writing by the official representative.
1987, c. 57, s. 433.
434. The person who receives the contribution shall issue a receipt to the contributor.
He shall remit any contribution he receives to the official representative along with a duplicate of the receipt.
1987, c. 57, s. 434.
435. A delegate of the official representative of an authorized party has, for the electoral district for which he is appointed, the powers conferred on the official representative as person responsible for soliciting contributions, for designating persons to do the soliciting and for receiving contributions and duplicates of receipts of contributions.
Every delegate shall transmit every contribution and duplicate of the receipt received to the official representative.
1987, c. 57, s. 435.
436. Every contribution of money of over $100 must be made by cheque or other order of payment.
1987, c. 57, s. 436.
437. The cheque or order of payment used to make a contribution must be signed by the elector and drawn on his account in a financial institution having an office in Québec and be made payable to the order of the authorized party or independent candidate.
1987, c. 57, s. 437.
438. On being cashed, a contribution is deemed paid by the person who made it and received by the party or the candidate for which or for whom it is intended.
1987, c. 57, s. 438.
439. The official representative shall deposit, in a Québec branch of a financial institution, the funds of the party or, as the case may be, those obtained by an independent candidate in such capacity.
1987, c. 57, s. 439.
440. Every contribution made contrary to this chapter shall, not later than 30 days after the fact is known, be returned to the contributor; where the contributor cannot be found, the contribution or the amount at which it is evaluated shall be remitted to the treasurer to be deposited into the general fund of the municipality.
1987, c. 57, s. 440.
441. The official representative of an authorized party or independent candidate who, during political meetings or rallies held in the period covered by a financial report, collected a total amount of anonymous donations exceeding 20% of the total amount of contributions he collected in that period shall, within 30 days after the filing of the financial report, remit to the treasurer an amount equal to the amount by which the donations exceed that percentage.
The treasurer shall deposit the amount into the general fund of the municipality.
1987, c. 57, s. 441.
442. Outside an election period, a radio, television or cable broadcaster or the owner of a newspaper, periodical or other publication may, without its constituting a contribution, make air time on the radio or television or space in the newspaper, periodical or other publication available free of charge to authorized political parties, provided he offers such service equitably as to quality and quantity to all the authorized parties in the municipality.
The chief electoral officer shall verify the legality of services rendered under this section.
Any time or space made available free of charge in accordance with section 464 is not a contribution.
1987, c. 57, s. 442.
§ 2.  — Expenses and loans
443. Expenses other than election expenses of an authorized party or independent candidate may be incurred only by the official representative or by a person designated by him in writing for that purpose.
Every person authorized to incur such expenses shall, on request, produce a certificate of his capacity signed by the official representative.
1987, c. 57, s. 443.
444. A delegate of the official representative of an authorized party has, in the electoral district for which he is appointed, the same powers to incur expenses and to designate persons to incur expenses as the official representative.
1987, c. 57, s. 444.
445. The official representative of an authorized party shall pay the accounts and invoices that are transmitted to him within six months of their receipt, unless he contests them.
1987, c. 57, s. 445.
446. Only the official representative of an authorized party or independent candidate may contract a loan for the party or candidate.
1987, c. 57, s. 446.
447. Every loan shall be evidenced in a writing setting out the name and address of the lender, the date, amount, term and rate of interest of the loan and the terms and conditions of repayment of the principal and payment of the interest, which must take section 448 into account.
Where an elector becomes surety for a loan, the contract of suretyship shall set out the name and address of the elector and the amount for which he becomes surety.
1987, c. 57, s. 447.
447.1. The total of the following amounts shall not, for a given elector, exceed $10,000:
(1)  the outstanding principal of any loan granted by the elector to one or more authorized parties or independent candidates; and
(2)  any sum for which the elector remains surety in connection with loans contracted by one or more authorized parties or independent candidates.
1998, c. 31, s. 87.
448. The official representative must, at least once a year, pay the interest due on the loans he has contracted.
1987, c. 57, s. 448.
449. No sums of money other than those collected in accordance with this chapter may be used to repay the principal of or pay the interest on a loan which has been paid into an electoral fund referred to in section 457 or which has been used by the official representative or his delegate to pay election expenses pursuant to section 455.
1987, c. 57, s. 449.
DIVISION V
ELECTION EXPENSES
§ 1.  — Definitions
450. For the purposes of this division, the word candidate includes any person who subsequently becomes a candidate or has indicated his intention to become a candidate.
In addition, for the purposes of sections 452, 459, 460, 461 and 463, the expression election expense includes expenses referred to in paragraph 9 of section 453 and the expression official agent includes a private intervenor within the meaning of Division VIII.1 if the private intervenor is an elector, and the representative of such an intervenor if the private intervenor is a group of electors.
1987, c. 57, s. 450; 1998, c. 52, s. 96.
451. The cost of any goods or services used during an election period to
(1)  promote or oppose, directly or indirectly, the election of a candidate or the candidates of a party;
(2)  propagate or oppose the program or policies of a candidate or party;
(3)  approve or disapprove courses of action advocated or opposed by a candidate or party; or
(4)  approve or disapprove any act done or proposed by a party, a candidate or their supporters,
is an election expense.
1987, c. 57, s. 451.
452. Where goods or services are used both during and before an election period, the part of their cost that constitutes an election expense shall be established according to a method based on the frequency of use during the election period compared to the frequency of use before and during the election period.
1987, c. 57, s. 452.
453. The following are not election expenses:
(1)  the cost of publishing articles, editorials, news, reports or letters to the editor in a newspaper, periodical or other publication, provided that they are published in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward, that the newspaper, periodical or other publication is not established for the purposes or in view of the election and that the circulation and frequency of publication are as what obtains outside the election period;
(2)  the cost of broadcasting by a radio or television station of a program of news or commentary, provided that the program is broadcast in the same manner and under the same rules as outside the election period, without payment, reward or promise of payment or reward;
(3)  the necessary costs of holding a convention for the selection of a candidate, including the cost of renting a hall, of convening the delegates and of the publicity made at the convention, but which cannot include the cost of any other form of publicity nor exceed $2 250 in the case of a candidate for the office of mayor or $750 in the case of a candidate for the office of councillor;
(4)  the transportation costs of any person other than a candidate, paid out of his own money, if the costs are not reimbursed to him;
(4.1)  the cost of the food and beverages served at a political activity where the cost is included in the entrance fee paid by participants ;
(5)  the reasonable costs incurred for the publication of explanatory commentaries on this Act, provided the commentaries are strictly objective and contain no publicity of such a nature as to favour or oppose a candidate or a party;
(6)  the reasonable ordinary costs incurred for the day-to-day operations of the permanent office of the party at the address entered, not less than three months before the publication of the notice of election, in the register of the chief electoral officer;
(7)  interest accrued from the beginning of the election period to the day occurring 90 days after polling day, on any loan lawfully granted to an official representative for election expenses, unless the official agent has paid the interest and declared it as an election expense in his return of election expenses;
(8)  the expenses incurred for the holding of meetings, the total of which does not exceed $200 for the entire election period, including the renting of halls and the convening of participants, provided the meetings are not directly or indirectly organized on behalf of a candidate or party;
(9)  the publicity expenses, the total of which does not exceed $300 for the entire election period, incurred by a private intervenor authorized in accordance with Division VIII.1, without directly promoting or opposing a candidate or party, to publicize or obtain support for the intervenor’s views on a matter of public interest or to advocate abstention or the spoiling of ballots.
1987, c. 57, s. 453; 1998, c. 52, s. 97; 1999, c. 25, s. 55.
454. The reasonable costs incurred by a candidate for attending a convention to select a candidate, for his transportation and other personal expenses are not election expenses provided they are not reimbursed to him and do not include the cost of any form of publicity other than the publicity made by the candidate at the convention.
1987, c. 57, s. 454.
§ 2.  — Authorization of election expenses
455. During the election period, no person other than the official agent of an authorized party or independent candidate or, for any amount up to the amount fixed by the official agent of the party pursuant to section 385, the deputy of the official agent, may incur or authorize election expenses, subject to section 456.
All election expenses incurred or authorized by a deputy, up to the fixed amount, are deemed to have been incurred or authorized by the official agent.
Within 60 days after polling day, every deputy shall furnish to the official agent a detailed account of the election expenses he has incurred or authorized accompanied with the invoices, receipts and other vouchers.
The official representative or his delegate may incur or authorize an election expense contemplated in section 452. Any such expense is deemed to have been incurred or authorized by the official agent.
1987, c. 57, s. 455.
456. An official agent may authorize, in writing, an advertising agency to incur or order election expenses up to the amount he fixes in the authorization. The amount may be changed in writing by the official agent before he files his return of election expenses. However, the official agent shall not reduce the amount below the amount of the election expenses already incurred or ordered according to law by the advertising agency.
The advertising agency shall furnish to the official agent, within 60 days after polling day, a detailed account of the expenses incurred or ordered, accompanied with the vouchers and advertising proof, including the invoices of subcontractors.
1987, c. 57, s. 456.
457. In no case may an official agent or his deputy pay the cost of any election expense otherwise than out of an election fund.
Any election expense contemplated in section 452 and paid by the official representative or his delegate is deemed to have been paid out of an election fund.
1987, c. 57, s. 457.
458. No sums of money other than those collected in accordance with this chapter by the official representative for an authorized party or independent candidate may be paid by him into the election fund put at the disposal of the official agent or be used by the official representative or his delegate to pay any election expense contemplated in section 452.
The official agent shall deposit the sums paid into the election fund put at his disposal in an account at a Québec branch of a financial institution. In the case of an authorized party, the account shall be separate from that of the official representative.
1987, c. 57, s. 458.
459. No goods or services all or part of the cost of which constitutes an election expense contemplated in section 452 may be used during an election period except by the official agent of an authorized party or his deputy, or with his authorization.
1987, c. 57, s. 459.
460. No person may accept or execute an order for election expenses not given or authorized by the official agent of an authorized party or independent candidate, or in his name by his deputy or the advertising agency authorized by him, where such is the case.
1987, c. 57, s. 460.
461. No person may claim or accept, for goods or services all or part of the cost of which constitutes an election expense, a price different from the regular price for similar goods or services outside the election period nor may he refuse to be paid for them.
Nothing in the first paragraph prevents any person from performing any work under paragraph 1 of section 428.
1987, c. 57, s. 461.
462. The official agent of an authorized party may, so long as no candidate of the party has filed his nomination paper for an office and before the expiry of the period prescribed for the filing of nomination papers, authorize election expenses to be attributed to the eventual candidate of the party for that office.
If the party presents no candidate for the office contemplated in the first paragraph, the election expenses are attributed to the candidate of the party for the office of mayor or, failing such a candidate, to each of its candidates for the office of councillor, in equal proportions.
Where the party presents no candidates, the election expenses shall be shown as expenses of the party in its financial report.
1987, c. 57, s. 462; 1999, c. 25, s. 56.
463. Any advertising copy, object or material relating to an election shall bear the name of the printer or manufacturer and the name and title of the official agent or deputy who caused it to be printed or manufactured.
Any advertisement relating to an election published in a newspaper or other publication must mention the name and title of the official agent or deputy who caused it to be published and the name of the party or independent candidate in whose behalf he is acting.
In the case of a radio or television advertisement relating to an election, the name and title of the official agent or deputy, as the case may be, and the name of the party or independent candidate in whose behalf he is acting must be mentioned at the beginning or at the end of the advertisement.
Any goods or services all or part of the cost of which constitutes an election expense shall be deemed to relate to an election.
1987, c. 57, s. 463; 1999, c. 40, s. 114.
463.1. Where, pursuant to section 450, a writing, object, material, advertisement or publicity referred to in section 463 must mention the name and title of the private intervenor referred to in Division VIII.1 or of the representative of the private intervenor, the writing, object, material, advertisement or publicity must also indicate the authorization number issued under section 512.5.
Where the cost of the writing, object, material, advertisement or publicity referred to in section 463 exceeds $300, only the name and title of the official agent or deputy official agent of the candidate or authorized party may be indicated as the person having caused the writing, object, material, advertisement or publicity to be produced, published or broadcast.
1998, c. 52, s. 98.
464. During an election period, a radio, television or cable broadcaster or the owner of a newspaper, periodical or other publication may, without its constituting an election expense, make air time on the radio or television or space in the newspaper, periodical or other publication available free of charge to the leaders of the authorized parties and to candidates, provided he offers such service equitably as to quality and quantity to all the candidates for the same office or to all the leaders of authorized parties in the municipality. For the purposes of this paragraph, a co-candidate and the candidate with whom he is associated shall be counted as one candidate for the office of councillor.
The chief electoral officer shall verify the legality of services rendered under this section.
1987, c. 57, s. 464; 1990, c. 20, s. 17.
465. Election expenses incurred by an authorized party or independent candidate shall be limited in such a way as to never exceed, during an election, the amount established pursuant to the regulation made by the Municipal Affairs and Greater Montréal.
1987, c. 57, s. 465; 1999, c. 43, s. 13.
§ 3.  — Payment of election expenses
466. Every payment of election expenses must be justified by an invoice showing the name and address of the supplier, the date the goods or services were supplied and the amount of the expense.
Every payment of election expenses amounting to $35 or more must be justified by an itemized invoice. An itemized invoice must provide, in addition to the information required under the first paragraph, all the particulars required for verifying each item of goods or services and the rate or unit price used for computing the amount.
1987, c. 57, s. 466.
467. Every person to whom an amount is due for election expenses shall present his claim to the official agent within 60 days after polling day.
Where the offices of official agent and official representative are vacant the claim shall be presented within the same time to the leader of the party or to the independent candidate himself, as the case may be.
No claim presented after the expiry of the prescribed time may be paid by the official agent or, as the case may be, by the leader of the party or the independent candidate. The claim shall in that case be presented to the treasurer within 120 days after the expiry of the prescribed time, failing which the claim is prescribed.
1987, c. 57, s. 467.
468. Before filing his return of election expenses, the official agent shall pay every claim received within 60 days after polling day, except any claim he contests.
1987, c. 57, s. 468.
469. The treasurer shall pay, out of the sums remitted to him with the return of election expenses pursuant to section 494 and according to the rules provided in sections 470 and 471 every claim received within 120 days after the expiry of the time prescribed for presenting claims to the official agent.
1987, c. 57, s. 469.
470. The treasurer shall pay in full every claim the amount of which is equal to or less than the amount set aside for the claim by the official agent.
Any excess amount shall be remitted by the treasurer to the official representative of the party or independent candidate after the expiry of 180 days after polling day.
1987, c. 57, s. 470.
471. Where no amount has been set aside for a claim or where the amount set aside is less than the amount of the claim, the treasurer shall advise the official agent and forward the invoice to him as soon as practicable.
The official agent may in that case contest all or part of the claim.
Where the official agent does not contest the claim, or contests it in part, the official representative shall, if necessary, forward to the treasurer an additional cheque made to his order to enable him to pay the claim or the uncontested part thereof.
The treasurer shall pay the claim or the uncontested part thereof as soon as practicable after he is advised of the decision of the official agent or, where such is the case, after he receives the additional cheque.
1987, c. 57, s. 471.
472. Any amount set aside for a claim that is not presented to the treasurer within the prescribed time shall be deposited into the general fund of the municipality.
1987, c. 57, s. 472.
473. In no case may an official agent, the leader of a party or an independent candidate pay a contested claim or the contested part of a claim.
Only the official representative may pay the claim or part of the claim in execution of a judgment of a competent court obtained by the creditor after a hearing of the case and not upon an acquiescence in the demand or an agreement of settlement.
Notwithstanding the foregoing, where no party or independent candidate objects, the treasurer may authorize the official representative to pay a contested claim or the contested part of the claim if the refusal or failure to pay results from an error made in good faith. Where the claim arises from an election expense attributable to one particular candidate, the payment thereof may be contested only by a party having presented a candidate for the same office or by an independent candidate for the same office.
1987, c. 57, s. 473.
474. Every independent candidate is required as of 31 December of the calendar year following that of polling day, to have paid, in accordance with this subdivision, all debts arising from his election expenses.
1987, c. 57, s. 474.
§ 4.  — Reimbursement of election expenses
475. The treasurer shall reimburse, out of the general fund of the municipality, an amount equal to 50% of the election expenses reported in the return of election expenses and incurred and paid in accordance with this division by a party for its candidate for the office of mayor and for each of its candidates for the office of councillor, if the candidate is elected or obtains at least 15% of the votes cast at the election for the office concerned.
1987, c. 57, s. 475; 1999, c. 25, s. 57.
476. The treasurer shall reimburse, out of the general fund of the municipality, an amount equal to 50% of the election expenses reported in the return of election expenses and incurred and paid in accordance with this division by an independent candidate who is elected or obtains at least 15% of the votes cast at the election for the office concerned.
The amount of the reimbursement shall not exceed the amount of the debts arising from the election expenses of the candidate.
1987, c. 57, s. 476; 1999, c. 25, s. 58.
477. No reimbursement shall be made to a party until its return of election expenses has been filed.
No reimbursement shall be made to an independent candidate until he has filed his return of election expenses and a financial report provided for in section 484.
1987, c. 57, s. 477.
478. The reimbursement of the election expenses of a party shall be made to its official representative.
The reimbursement of the election expenses of an independent candidate shall be made jointly to the candidate and to his official representative.
1987, c. 57, s. 478.
DIVISION VI
REPORTS AND RETURNS OF AUTHORIZED PARTIES AND INDEPENDENT CANDIDATES
§ 1.  — Financial report
479. The official representative of every authorized party shall, not later than 1 April each year, file with the treasurer a financial report for the preceding fiscal year containing a balance sheet, a statement of revenues and expenditures and a statement of changes in the financial position of the party prepared in accordance with generally recognized accounting principles.
If 1 April falls during an election period, the financial report shall be filed not later than 90 days after polling day.
1987, c. 57, s. 479.
480. The statement of revenues and expenditures must include a general statement of revenues and total expenditures and indicate, in addition,
(1)  the total amount of anonymous donations collected at political meetings or rallies and the nature, place and date of the meetings or rallies;
(2)  the number and total amount of contributions of $100 or less;
(3)  the number and total amount of party membership fees of $25 or less collected from natural persons;
(4)  the number and total amount of entrance fees of $60 or less collected at a political activity or rally, and the nature, place and date of the activity or rally;
(5)  the number and total amount of contributions of over $100.
1987, c. 57, s. 480; 1999, c. 25, s. 59.
481. The financial report shall also indicate
(1)  the financial institutions where the party funds are deposited and the account numbers;
(2)  the total value of the goods and services furnished to the party free of charge and for political purposes, taking account of the second and third paragraphs of section 427;
(3)  the name and full address of each elector who made one or more contributions to the party the sum of which exceeds $100, and the total amount contributed;
(4)  the name and full address of each elector who became surety for a loan of the party and the amount for which he became surety;
(5)  an itemized statement of the amounts borrowed for political purposes from an elector in the municipality or a financial institution having an office in Québec and, in respect of each loan, the date of the loan, the name and full address of the lender, the rate of interest charged, and the amount of the repayments of principal and payments of interest;
(6)  the rent paid for the permanent office of the party entered in the register of the chief electoral officer, where such is the case.
1987, c. 57, s. 481.
482. No financial report shall be deemed filed with the treasurer unless it is accompanied with the report of the auditor of the party.
1987, c. 57, s. 482.
483. The official representative of the party shall keep the receipts issued for contributions for two years after the date the financial report was filed.
Notwithstanding the first paragraph, the receipts shall be remitted to the treasurer on request.
1987, c. 57, s. 483.
484. The official representative of an authorized independent candidate must, within 90 days after polling day, file a financial report with the treasurer.
The report must contain the same information, adapted as required, as that contained in the financial report of a party, except the balance sheet and the statement of changes in financial position, and be accompanied with a copy of every receipt issued for contributions received during the period covered by the report.
The financial report must be filed at the same time as the candidate’s return of election expenses and cover the period ending the day before the filing.
1987, c. 57, s. 484.
485. If, on the day he files a financial report provided for in section 484, an authorized independent candidate still has debts arising from his election expenses or his official representative is in possession of sums of money or goods obtained by the candidate in his capacity as such, the official representative shall file a financial report with the treasurer not later than 1 April of the year immediately following each fiscal year in which the candidate remained authorized after the filing of the financial report provided for in section 484.
Notwithstanding the foregoing, the official representative is not required to file any further financial reports after the filing of a financial report establishing that all the debts contemplated in the first paragraph have been paid.
The financial report of an authorized independent candidate must contain the same information, adapted as required, as that contained in the financial report of a party, except the balance sheet and the statement of changes in financial position, and be accompanied with a copy of every receipt issued for contributions received during the period covered by the report. The first report following that provided for in section 484 must cover the period beginning on the day the latter is filed and ending on 31 December next. The report, other than that provided for in section 484, establishing that all debts arising from the candidate’s election expenses have been paid must cover the period beginning at the end of the period covered by the preceding report and ending on the day all debts are paid.
1987, c. 57, s. 485.
486. The chief electoral officer shall transmit to the treasurer a copy of every financial report submitted to him in connection with an application for withdrawal of authorization or with a joint application for authorization to merge.
1987, c. 57, s. 486.
487. Any official representative who ceases to hold office shall, within the ensuing 60 days, transmit to the leader of the party or independent candidate a financial report covering the period during which he was in office that is not covered by a previous report, accompanied with every receipt issued during that period.
For the purposes of the first paragraph, previous report means any financial report already filed as well as any financial report that must be filed. The official representative is required to file the latter report even if he has resigned.
1987, c. 57, s. 487.
§ 2.  — Auditor’s report
488. The auditor of an authorized party shall examine the financial report of the party and issue to the official representative, not later than five days before the expiry of the time prescribed by section 479 for the filing of the financial report, the audit report prepared in accordance with the directive on preparation issued by the chief electoral officer.
1987, c. 57, s. 488; 1999, c. 25, s. 60.
489. The auditor shall have access to all the books, accounts and documents pertaining to the financial business of the party.
1987, c. 57, s. 489.
490. The treasurer shall reimburse, out of the general fund of the municipality, the expense incurred by the party for the audit of its financial report, up to the amount of
(1)  $1,000 in the case of a municipality having a population of less than 50,000;
(2)  $1,500 in the case of a municipality having a population of more than 50,000 but less than 100,000;
(3)  $3,000 in the case of a municipality having a population of 100,000 or more.
1987, c. 57, s. 490.
491. Where the chief electoral officer requires the audit of a balance sheet submitted with a joint application for authorization to merge or the audit of a financial report submitted after a merger, he shall reimburse the expense incurred for the audit up to the amount prescribed in section 490.
Where the chief electoral officer requires the audit of a closing financial report, he shall appoint the auditor and pay the cost of the audit.
1987, c. 57, s. 491.
§ 3.  — Return of election expenses
492. The official agent of every authorized party or independent candidate must, within 90 days after polling day, file a return of election expenses with the treasurer.
The return must include a statement by the official agent, supported by his oath, attesting the accuracy of the return.
The return must be accompanied with the invoices, receipts and other vouchers, or certified copies of those documents, and a list thereof.
Where the official agent has appointed a deputy, the return must be accompanied with the deed of appointment and any modification thereto.
In the case of an independent candidate, the return must be filed at the same time as his financial report.
1987, c. 57, s. 492.
493. In addition to election expenses, the official agent shall indicate in the return the source of the sums paid into the election fund put at his disposal.
He shall also mention any claim he is contesting among those he received within 60 days after polling day.
1987, c. 57, s. 493.
494. The return of election expenses must be accompanied with an itemized statement setting forth the names and addresses of the creditors who omitted to file their claims within 60 days after polling day, and for each such claim, the amount of the debt, the nature of the goods or services furnished and the date on which they were furnished.
The statement must be accompanied with a cheque drawn on the election fund and made to the order of the treasurer for the total amount of the claims contemplated in the first paragraph.
The first and second paragraphs do not apply to claims the official agent intends to contest.
1987, c. 57, s. 494.
495. The sums remitted to the treasurer to cover the total amount of the unclaimed debts shall be kept by him in a trust account.
1987, c. 57, s. 495.
496. Any official agent who ceases to hold office before the filing of the return of election expenses under section 492 shall, within the ensuing 10 days, transmit to the leader of the party or independent candidate a return of election expenses covering the period during which he was in office, accompanied with the relevant invoices, receipts and other vouchers and, where such is the case, the deed of appointment of a deputy and any modification thereto.
The first paragraph does not dispense the official agent from filing his return of election expenses within the prescribed time even if he has resigned, where such is the case, unless a person has been appointed to replace him.
1987, c. 57, s. 496.
497. Every payment of election expenses made after the filing of the return of election expenses in accordance with subdivision 3 of Division V entails an automatic correction of the return of election expenses.
1987, c. 57, s. 497.
498. The official agent of an authorized party shall, as soon as practicable after the filing of his return of election expenses, remit to the official representative the sums remaining in his election fund and the goods in his possession all or part of the cost of which constitutes an election expense.
After the filing of the return of election expenses, the official representative of an authorized independent candidate shall keep, in that capacity, the sums remaining in the election fund and the goods that are in his possession in his capacity as official agent and all or part of the cost of which constitutes an election expense.
The official representative of an authorized independent candidate may, until 31 December of the calendar year following that of polling day or, as the case may be, until the date of withdrawal of authorization if earlier, dispose of the sums and goods referred to in the second paragraph for political, religious, scientific or charitable purposes. He may, in particular, use the sums or the proceeds from the disposition of the goods, provided a fair price was obtained, to pay or cause the treasurer to pay a claim that, pursuant to subdivision 3 of Division V, may be paid after the filing of the return of election expenses.
Any balance of the sums referred to in the second paragraph and of the proceeds from the disposition of the goods referred to therein remaining on 31 December of the calendar year following that of polling day, shall be remitted to the treasurer to be deposited into the general fund of the municipality. The goods referred to in the said paragraph that are in the possession on that date of the official representative belong and shall be remitted to the municipality.
1987, c. 57, s. 498.
499. Within 30 days after the expiry of the time prescribed for filing returns of election expenses, the treasurer shall publish a summary of every return received within the prescribed time in a newspaper having general circulation in the municipality.
The summary must be accompanied with a notice of the date of receipt of each return and accompanying documents and stating the fact that the public has access to them.
1987, c. 57, s. 499.
DIVISION VII
TRANSMISSION OF DOCUMENTS BY THE TREASURER
500. The treasurer shall, as soon as practicable, transmit to the chief electoral officer a copy of the reports, returns and documents not already in his possession, except receipts issued for contributions of $100 or less.
1987, c. 57, s. 500.
501. After the expiry of two years following the receipt of invoices, receipts and other vouchers, the treasurer may, on request, return them to the party or the independent candidate.
Failing such a request, the treasurer may destroy them.
1987, c. 57, s. 501.
DIVISION VIII
SANCTIONS
502. The leader of a party whose financial report or return of election expenses is not filed within the prescribed time loses the right to attend the sittings of the council of the municipality as a member thereof from the tenth day after the expiry of the prescribed time until the report or return is filed, subject to section 505.
Where the leader is not a member of the council, the person who was the candidate of the party for the office of mayor at the last election loses the right to attend sittings pursuant to the first paragraph; where that person, also, is not a member of the council, the person who loses the right to attend sittings is the member of the council who, at the last election, was the candidate of the party for the office of councillor of the electoral district having the list of electors with the greatest number of electors.
Where the party no longer exists, the leader referred to in the first paragraph is the last holder of that position.
1987, c. 57, s. 502.
503. An independent candidate who is elected and whose financial report or return of election expenses is not filed within the prescribed time loses the right to attend as a member the sittings of the council of the municipality from the tenth day after the expiry of the prescribed time until the report or return is filed, subject to section 505.
1987, c. 57, s. 503.
504. The loss of the right to attend the sittings of the council of the municipality entails the loss of the right to attend, as a member, the sittings of
(1)  any committee or commission of the municipality;
(2)  the council and any committee or commission of the regional county municipality, of the urban community or of an intermunicipal board of management;
(3)  any other board, committee, commission or public body of which the person is a member by reason of the fact that he is a member of the council of the municipality, of the regional county municipality, of the urban community or of an intermunicipal board of management.
1987, c. 57, s. 504; 1990, c. 85, s. 122.
505. A judge may, by order, on a motion made before the person loses the right to attend sittings, allow him to continue to do so for an additional period of not more than 30 days.
1987, c. 57, s. 505.
506. On proof that the failure to file the report or return is due to the absence, death, illness or misconduct of the official representative or official agent or to any other reasonable cause, the judge may make any order he considers justified to enable the applicant to obtain all the information and documents required to prepare the report or return and grant such extension of time as the circumstances may require.
Failure to comply with an order made under the first paragraph is punishable in the same manner as failure to appear to testify before the court.
1987, c. 57, s. 506.
507. Where an error is found in a report or return that has been filed, the official agent or the official representative may correct it at any time within the period prescribed for filing the report or return.
After the period prescribed for filing, the leader of the party or the independent candidate must obtain leave from the chief electoral officer to correct the error on establishing that it was made through inadvertence. Any opposition to the application for correction shall be submitted to the chief electoral officer.
If there is no opposition to the application or the chief electoral officer considers that the opposition is not justified, the chief electoral officer shall allow the correction. Otherwise, the leader or candidate shall apply for leave to the judge having jurisdiction.
1987, c. 57, s. 507; 1999, c. 25, s. 61.
508. The judge having jurisdiction to rule on a motion under sections 505 to 507 is a judge of the Court of Québec of the judicial district where all or part of the territory of the municipality is situated.
No motion made under sections 505 to 507 may be heard unless a notice of at least three clear days is given by the applicant to the treasurer, to every candidate for the office concerned at the last election and, where the applicant is the leader of a party, to the leader of every other authorized party.
1987, c. 57, s. 508; 1988, c. 21, s. 66.
509. An independent candidate who is elected and who, on 31 December of the calendar year following that of polling day, has not paid all debts arising from his election expenses, loses the right to attend, as a member, the sittings of the council of the municipality from that date and until he has paid all such debts and filed a financial report establishing that he has done so.
The loss of the right to attend the sittings of the council of the municipality entails the loss of the right to attend, as a member, the sittings of the councils, boards, committees, commissions and bodies referred to in section 504.
1987, c. 57, s. 509.
510. If at the expiry of the prescribed time the treasurer has not received the report or return, he shall, as soon as practicable, notify in writing the person who may lose the right to attend sittings of such failure and of the effects thereof.
If on 31 December of the calendar year following that of polling day, the treasurer has not received a financial report from an elected independent candidate establishing that all debts arising from his election expenses have been paid, he shall, as soon as practicable, notify in writing that council member of such failure and of the effects thereof.
1987, c. 57, s. 510.
511. As soon as practicable after a person has lost the right to attend the sittings of the council of the municipality, the treasurer shall notify the council, the regional county municipality, the urban community, the intermunicipal board of management and any other body whose sittings he is no longer entitled to attend.
The treasurer shall also notify them as soon as practicable where the person recovers the right to attend sittings.
1987, c. 57, s. 511; 1990, c. 85, s. 122.
512. A person who loses the right to attend sittings consequently loses the right to receive the remuneration or allowance provided for each sitting he is not authorized to attend.
Where the remuneration or allowance is not established for each sitting, 1% shall be deducted from the annual amount for each sitting the person is not authorized to attend.
1987, c. 57, s. 512.
DIVISION VIII.1
EXPENSES OF PRIVATE INTERVENORS
1998, c. 52, s. 99.
512.1. Only an elector or a group not endowed with legal personality and composed in the majority of natural persons who are qualified electors may apply for authorization as a private intervenor.
1998, c. 52, s. 99.
512.2. An elector who applies for authorization must
(1)  indicate his name, date of birth, domiciliary address and telephone number;
(2)  declare that he is a qualified elector;
(3)  declare that he does not intend to directly promote or oppose any candidate or party;
(4)  state briefly the purpose of the application, specifying, where applicable, the matter of public interest on which he intends to express his views;
(5)  declare that he is not a member of any party;
(6)  declare that he is not acting directly or indirectly on behalf of any candidate or party;
(7)  declare that, to his knowledge, he does not belong to a group that has obtained an authorization as a private intervenor for a similar purpose or whose application for authorization is pending.
The application for authorization must be supported by the elector’s oath and include an undertaking by the elector to comply with all applicable legal provisions.
1998, c. 52, s. 99.
512.3. A group that applies for authorization must
(1)  indicate its name, address, telephone number, date of formation and objects;
(2)  indicate the name, domiciliary address and telephone number of its leaders;
(3)  indicate the actual or approximate number of members of the group and declare that the majority of the members are qualified electors;
(4)  indicate the name, date of birth, domiciliary address and telephone number of the elector who is to act as the representative of the group;
(5)  declare that the group does not intend to directly promote or oppose any candidate or party;
(6)  state briefly the purpose of the application, specifying, where applicable, the matter of public interest on which the group intends to express its views;
(7)  declare that the group is not acting directly or indirectly on behalf of any candidate or party;
(8)  declare that the representative of the group is not a member of any party;
(9)  declare that, to the group’s knowledge, no member of the group has obtained an authorization as a private intervenor for a similar purpose or made an application for authorization that is pending.
The application for authorization must be made by the elector designated in the application to act as the representative of the group, be supported by the representative’s oath and include an undertaking by the representative to comply with all applicable legal provisions.
1998, c. 52, s. 99.
512.4. An application for authorization must be filed with the treasurer of the municipality in which the applicant is an elector.
The application must be filed during the period extending from the fiftieth to the twentieth day preceding polling day.
1998, c. 52, s. 99.
512.5. The treasurer shall, if the application is in conformity with the requirements of this division, issue the authorization and an authorization number without delay.
Before rejecting an application, the treasurer must allow the elector to present observations or make any necessary corrections. A decision to reject an application must be in writing and contain reasons.
1998, c. 52, s. 99.
512.6. (Repealed).
1998, c. 52, s. 99; 1999, c. 25, s. 62.
512.7. Not later than the fifteenth day preceding polling day, the treasurer shall transmit to the authorized parties and to each candidate a list of the authorizations which have been granted.
The list shall indicate the name of each private intervenor, the name of the private intervenor’s representative, if any, and the number and date of the authorization. The list shall also indicate if the private intervenor intends to express views on a matter of public interest or to advocate abstention or the spoiling of ballots.
1998, c. 52, s. 99.
512.8. An elector or a group of electors may only obtain one authorization during an election period. The authorization is only valid for that period.
The representative of a group of electors may only act for that group.
1998, c. 52, s. 99.
512.9. The representative of a group of electors who resigns shall notify the leader of the group and the treasurer in writing.
Within five days of resigning, the representative shall submit a report of the expenses incurred, with vouchers, to the leader of the group.
1998, c. 52, s. 99.
512.10. If the representative of a group of electors dies, resigns, is dismissed or is unable to act, the leader of the group shall appoint another representative and shall notify the treasurer in writing forthwith.
1998, c. 52, s. 99.
512.11. A private intervenor who is an elector or the representative of a private intervenor may not become a member of a party during the election period.
1998, c. 52, s. 99.
512.12. A private intervenor may not incur expenses that are not related to the purpose stated in the application for authorization or that directly promote or oppose a candidate or party.
1998, c. 52, s. 99.
512.13. A private intervenor may not incur an expense jointly with any person or incur an expense individually but in agreement, collusion or association, with any person.
1998, c. 52, s. 99.
512.14. A private intervenor who is an elector must defray the cost of any expense out of his own funds.
A private intervenor that is a group of electors must defray the cost of any election expense out of the funds of the members of the group who are electors.
A private intervenor must pay any expense by cheque or order of payment drawn on the private intervenor’s account in a bank, trust company or savings and credit union having an office in Québec. The cheque or order of payment must be signed by the private intervenor if the private intervenor is an elector, or by the representative if the private intervenor is a group of electors.
1998, c. 52, s. 99.
512.15. In the case of a private intervenor that is a group of electors, only the representative of the group may incur expenses on behalf of the private intervenor.
The representative of a private intervenor is bound by the provisions of sections 512.12 to 512.14 and must ensure that they are complied with.
1998, c. 52, s. 99.
512.16. A private intervenor who is an elector or the representative of a private intervenor may not pay an expense of $25 or more without a voucher in the form of an itemized invoice.
The invoice must indicate the goods or services furnished and their rate or unit price.
1998, c. 52, s. 99.
512.17. A private intervenor who is an elector or the representative of a private intervenor shall, within 30 days after polling day, file with the treasurer a report of all the private intervenor’s expenses, in the prescribed form.
The report must be accompanied with the invoices, receipts and other vouchers, or certified copies of those documents, a list thereof and a sworn declaration in the prescribed form.
1998, c. 52, s. 99.
512.18. Sections 499, 500, 501 and 506 apply to the report referred to in section 512.17, with the necessary modifications.
1998, c. 52, s. 99.
512.19. The chief electoral officer may, on his own initiative or on an application, withdraw the authorization of a private intervenor
(1)  if the chief electoral officer ascertains that the application for authorization contains false or inaccurate information;
(2)  if the chief electoral officer ascertains that the private intervenor or, where applicable, the representative of the private intervenor no longer qualifies for such authorization;
(3)  if the chief electoral officer ascertains that the private intervenor or, where applicable, the representative of the private intervenor has contravened any applicable provision of this Act.
Before withdrawing the authorization, the chief electoral officer must allow the private intervenor to present observations or make any necessary corrections. The decision to withdraw the authorization must be in writing and contain reasons.
1998, c. 52, s. 99.
512.20. Any person whose application for authorization is rejected and any private intervenor whose authorization is withdrawn may, by way of a motion, appeal the decision before a judge of the Court of Québec.
The motion must be served beforehand on the treasurer or the chief electoral officer, as the case may be.
The appeal shall be heard and decided by preference. The appeal does not suspend execution of the decision unless the court decides otherwise.
The decision of the judge is final.
1998, c. 52, s. 99.
DIVISION IX
TREASURER’S REPORT
513. The treasurer shall, not later than 30 September of each year, table before the council of the municipality a report of his operations under this chapter for the preceding fiscal year.
He shall also transmit the report to the chief electoral officer.
1987, c. 57, s. 513.
CHAPTER XIV
DISCLOSURE OF CERTAIN ELECTION CONTRIBUTIONS
1998, c. 31, s. 88.
513.1. Every person who is a candidate at an election for the office of member of the council of a municipality to which Divisions II to IX of Chapter XIII do not apply shall, within 60 days after the polling day fixed for that election, transmit to the treasurer a list of the persons who made certain election contributions to that person.
The list shall indicate the full name and address of each person who made a contribution of more than $100 to promote the election of the candidate, or of several sums amounting to more than $100, and indicate the amount so contributed by each person.
1998, c. 31, s. 88.
513.2. The treasurer shall table before the council the list transmitted pursuant to section 513.1.
1998, c. 31, s. 88.
513.3. For the purposes of this chapter, treasurer has the meaning given by section 364, and sections 376 and 376.1 apply to the treasurer.
1998, c. 31, s. 88; 1999, c. 25, s. 63.
TITLE II
MUNICIPAL REFERENDUMS
CHAPTER I
DEFINITIONS AND SCOPE
514. For the purposes of this Title,
(1)  date of reference means
(a)  the date of passage of the by-law, resolution or ordinance which is the subject of a referendum;
(b)  in the case of an annexation, the date on which the municipality whose territory is affected approves or disapproves the by-law of the annexing municipality or, if the former municipality does not vote on the by-law within the time prescribed, the date on which that time expires;
(c)  in the case of a constitution or amalgamation, the date of the order of the Minister of Municipal Affairs and Greater Montréal requiring consultation of the qualified voters;
(d)  where a referendum is held as a result of a decision of the Government or of one of its ministers or bodies, the date of the decision;
(2)  sector concerned means
(a)  that part of the territory of the municipality which, according to the provision under which the referendum is held, is the only part where qualified voters are entitled to take part in the referendum;
(b)  the aggregate of the immovables owned by those who benefit from the works, where they bear 75 % or more of the loan made to defray the cost of the works or the related professional fees.
1987, c. 57, s. 514; 1988, c. 19, s. 266; 1993, c. 65, s. 101; 1998, c. 31, s. 89; 1999, c. 43, s. 13.
515. This Title applies to all local municipalities except the Northern, Cree or Naskapi villages.
1987, c. 57, s. 515; 1988, c. 19, s. 267; 1996, c. 2, s. 661.
516. This Title governs the consultative referendums contemplated in Chapter II and all referendums held pursuant to a general law or special Act which consist in submitting a municipal by-law, resolution or ordinance to the qualified voters of the municipality or of another municipality for approval where that approval is a prerequisite to the passage or putting into force of the by-law, resolution or ordinance.
This Title also governs every consultation of qualified voters which, under the Act providing therefor, must be conducted in accordance with this Title.
1987, c. 57, s. 516.
516.1. The provisions of Division IV of Chapter V of Title I apply, with the necessary modifications, in respect of this Title.
1999, c. 25, s. 64.
CHAPTER II
CONSULTATIVE REFERENDUMS
517. The council of a municipality may for consultation purposes submit any question within its competence to its qualified voters or to those of that part of its territory concerned by the question.
The question shall be formulated in such a manner as to require “yes” or “no” as an answer; it shall be defined by a resolution which, for the purposes of this Title, is deemed to be the subject of the referendum.
The council may order that a referendum poll be held without it being subject to the provisions of Chapter IV.
1987, c. 57, s. 517; 1993, c. 65, s. 102.
CHAPTER III
QUALIFIED VOTERS
518. A person is a qualified voter of the municipality or, as the case may be, of the sector concerned, if, on the date of reference, the person is not disqualified from voting under section 524 and meets one of the following two requirements :
(1)  the person has been domiciled in the territory of the municipality or, as the case may be, in the sector concerned and, for at least six months, in Québec ;
(2)  the person has been, for at least 12 months, the owner of an immovable or the occupant of a business establishment, within the meaning of the Act respecting municipal taxation (chapter F-2.1), situated in the territory of the municipality or, as the case may be, in the sector concerned.
A natural person must also be, on the date of reference, of full age and a Canadian citizen, and must not be under curatorship.
1987, c. 57, s. 518; 1989, c. 54, s. 171; 1999, c. 25, s. 65; 1999, c. 40, s. 114.
519. The domicile of a person is as provided in the Civil Code for all civil purposes.
Notwithstanding the foregoing, a person who has left his principal establishment in Québec for more than one year is deemed to have changed his domicile except where he carries on duties outside Québec on behalf of the Government of Québec or of Canada.
1987, c. 57, s. 519.
520. A detained person retains his domicile notwithstanding his detention.
1987, c. 57, s. 520.
521. A person who leaves his domicile temporarily to work or study in the territory of another municipality may be considered as being domiciled either in the territory where his actual domicile is situated or in the territory where he resides for the purposes of his work or studies.
A person living in a facility maintained by an institution which operates a hospital centre, a residential and long-term care centre or a rehabilitation centre within the meaning of the Act respecting health services and social services (chapter S-4.2) or which operates a hospital centre or a reception centre within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) may be considered as being domiciled either at his actual domicile, or at the said facility or centre.
A person is deemed to choose to be considered domiciled at the place where he resides rather than at his actual domicile where he makes an application to that effect during the revision of the list of electors or referendum list. The person’s choice remains valid until it is revoked and as long as the person resides at the same place.
1987, c. 57, s. 521; 1992, c. 21, s. 155; 1994, c. 23, s. 23.
522. The rules provided in the Civil Code concerning the setting up, against third persons, of acts transferring immovable real rights apply in determining whether a person is the owner of an immovable.
1987, c. 57, s. 522.
523. To exercise a right conferred by a provision of this Title, a qualified voter must, on the date of exercising the right, meet the requirements that would, if that date were the date of reference, qualify the person as a voter entitled to have his name entered on the referendum list of the municipality or, as the case may be, of the sector concerned.
In the case of the right to vote, the person’s name must also, at the time of voting, be entered on the referendum list of the municipality or, as the case may be, of the sector concerned.
A qualified voter who obtained an authorization to vote under the first paragraph of section 219 and section 567 is, after being admitted to vote under the second paragraph of section 219 and section 567, deemed to have his name entered on the list at the place where it should have been entered.
1987, c. 57, s. 523; 1989, c. 54, s. 172; 1997, c. 34, s. 31; 1999, c. 25, s. 66.
524. Any person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 645 or the Election Act (chapter E-3.3) is disqualified from voting in a municipal referendum.
The disqualification shall continue for five years from the day the judgment convicting the person becomes a res judicata.
1987, c. 57, s. 524; 1989, c. 1, s. 602; 1990, c. 4, s. 405.
525. Every qualified voter of the municipality or, as the case may be, of the sector concerned, is entitled to have his name entered on the referendum list.
However,
(1)  in the case of a sole owner of an immovable or a sole occupant of a business establishment, an entry as such is conditional upon the receipt by the municipality of a writing signed by the owner or occupant and requesting such an entry ;
(2)  in the case of undivided co-owners of an immovable or co-occupants of a business establishment, only the co-owner or the co-occupant designated for that purpose by a power of attorney is entitled to have his name entered on the referendum list as the owner of the immovable or as the occupant of the business establishment, and the entry as such is conditional upon the receipt by the municipality of the power of attorney.
1987, c. 57, s. 525; 1999, c. 25, s. 67; 1999, c. 40, s. 114.
526. Co-owners or co-occupants who are qualified voters of the municipality or, as the case may be, of the sector concerned shall designate, from among themselves, if necessary, by means of a power of attorney signed by a majority of them, a person who is not entitled, under section 531, to have his name entered on the referendum list in a higher ranking capacity.
1987, c. 57, s. 526; 1997, c. 34, s. 32; 1999, c. 25, s. 68.
526.1. An application for entry referred to in subparagraph 1 of the second paragraph of section 525 or the power of attorney referred to in section 526 must be transmitted to the clerk or the secretary-treasurer not later than 30 days before the day the referendum is to be held. It takes effect upon receipt and remains valid until it is withdrawn or replaced.
An application for entry or a power of attorney transmitted after the time prescribed in the first paragraph but before the end of the work of the board of revisors on the last day fixed for making applications under sections 132 and 561 shall be considered an application to amend the referendum list unless the clerk or the secretary-treasurer has taken it into account before the deposit of the list. The clerk or the secretary-treasurer shall transmit the application for entry or the power of attorney, as the case may be, to the competent board of revisors.
1999, c. 25, s. 69.
527. Not later than 40 days before the day fixed for the referendum poll, the clerk or the secretary-treasurer shall give a public notice stating that sole owners or occupants and designated co-owners and co-occupants are entitled to have their names entered on the referendum list and mentioning how they may obtain information on the rules governing the entry of their names on the referendum list.
The notice shall invite sole owners and occupants who wish to make a first application for entry or to withdraw the existing entry to transmit to the clerk or the secretary-treasurer, within the prescribed time, the application or a signed writing requesting the withdrawal.
The notice shall also invite co-owners and co-occupants who wish to make a first designation or replace the existing designation to transmit to the clerk or the secretary-treasurer, within the prescribed time, the power of attorney.
1987, c. 57, s. 527; 1997, c. 34, s. 33; 1999, c. 25, s. 70.
528. Every legal person qualified to vote shall exercise its rights under this Title through one of its members, directors or employees designated by it for that purpose by resolution.
The person designated must, on the date of reference and upon exercising any of those rights, be of full age and a Canadian citizen, and must be neither under curatorship nor disqualified from voting under section 524.
The resolution shall be transmitted to the clerk or the secretary-treasurer not later than 30 days before the day fixed for the referendum poll. It takes effect upon receipt and remains valid until it is replaced.
The name of the designated person shall be placed next to that of the legal person on the referendum list.
A resolution transmitted after the time prescribed in the third paragraph but before the end of the work of the board of revisors on the last day fixed for applications to be made under sections 132 and 561 shall be deemed to be an application to amend the referendum list, unless the clerk or the secretary-treasurer has taken it into account before the deposit of the list. The clerk or the secretary-treasurer shall transmit any such resolution to the competent board of revisors.
1987, c. 57, s. 528; 1989, c. 54, s. 173; 1997, c. 34, s. 34; 1999, c. 25, s. 71; 1999, c. 40, s. 114.
529. Not later than 40 days before the day fixed for the referendum poll, the clerk or the secretary-treasurer shall give a public notice stating that legal persons are entitled to designate a representative, mentioning how they may obtain information on the rules governing the designation of a representative, and inviting the legal persons wishing to make a first designation or replace the existing designation to send him the resolution within the prescribed time.
1987, c. 57, s. 529; 1997, c. 34, s. 35.
530. In no case may the name of a person appear more than once on the referendum list of the municipality or, as the case may be, of the sector concerned.
The first paragraph does not apply to a qualified voter who is designated to represent a legal person or to a person designated to represent several legal persons.
1987, c. 57, s. 530.
531. In addition to having his name entered on the list following a designation to represent a legal person, where such is the case, a person who is, in several capacities, a qualified voter of the municipality or, as the case may be, of the sector concerned, shall have his name entered on the list in only one capacity according to the following order of preference:
(1)  as a domiciled person;
(2)  as the sole owner of an immovable;
(3)  as the sole occupant of a business establishment;
(4)  as an undivided co-owner of a immovable;
(5)  as a co-occupant of a business establishment.
Where several immovables are contemplated in subparagraph 2 or 4 of the first paragraph, the immovable with the highest property value shall be the immovable considered. Where several business establishments are contemplated in subparagraph 3 or 5 of the said paragraph, the business establishment with the highest rental value shall be the business establishment considered.
1987, c. 57, s. 531; 1999, c. 40, s. 114.
CHAPTER IV
PROCEDURE OF REGISTRATION OF QUALIFIED VOTERS
532. The registration procedure applies to determine whether a referendum poll must be held.
Notwithstanding the first paragraph, the procedure does not apply
(1)  in the case of a consultative referendum if the council has so decided in accordance with the third paragraph of section 517;
(2)  where pursuant to the Act that provides for the referendum, a referendum poll must be held;
(3)  where a majority of the qualified voters entitled to have their names entered on the referendum list of the municipality or, as the case may be, of the sector concerned waive the holding of a referendum poll by filing with the clerk or the secretary-treasurer a notice to that effect bearing their signatures before the day the register opens for registration.
In the case contemplated in subparagraph 3 of the second paragraph, the by-law, resolution or ordinance being the subject of the referendum is deemed to be approved by the qualified voters. The clerk or the secretary-treasurer shall inform the council thereof at the next sitting.
1987, c. 57, s. 532; 1993, c. 65, s. 103; 1996, c. 77, s. 49.
533. Any qualified voter entitled to have his name entered on the referendum list of the municipality or, as the case may be, of the sector concerned may demand that a referendum poll be held by entering his name, address and capacity in a register open for that purpose and affixing his signature opposite those entries.
The address of a qualified voter shall be, according to the capacity entitling him to have his name entered on the referendum list of the municipality or, as the case may be, of the sector concerned, the address of the immovable where he is domiciled, of the immovable of which he is the owner or of the business establishment of which he is the occupant. The address of the immovable shall include the apartment or room number, if any. If the immovable has no number, the cadastral number shall be used.
1987, c. 57, s. 533; 1989, c. 54, s. 174; 1991, c. 32, s. 226; 1999, c. 25, s. 72; 1999, c. 40, s. 114.
534. A qualified voter may make only one application for a referendum poll.
1987, c. 57, s. 534.
535. The clerk or the secretary-treasurer shall fix the days and places where the register will be open for registration to qualified voters.
He shall fix as many consecutive days, up to a maximum of five, as there are multiples of 500 in the number of applications needed under section 553 to require that a referendum poll be held. Where the number is less than 500, he shall fix only one day.
Every day fixed must be comprised in the 45-day period following the date of reference.
1987, c. 57, s. 535; 1996, c. 77, s. 50.
536. The register shall be open, from 9 a.m. to 7 p.m. without interruption, on every day fixed by the clerk or the secretary-treasurer, subject to any extension under section 537.
Notwithstanding the first paragraph, where several days have been fixed and where the number of applications needed to require that a referendum poll be held is reached before the last day, the clerk or the secretary-treasurer shall close the register at 7 p.m. on the day the number is reached if the council of the municipality passed a by-law to that effect before the first day the register is open for registration.
1987, c. 57, s. 536.
537. In the case of a delay or interruption, the clerk or the secretary-treasurer may extend the period during which the register is open for registration, for as long as he determines, in respect of the place affected by the delay or interruption.
The extension shall not exceed the length of the delay or interruption.
1987, c. 57, s. 537.
538. The qualified voters who are present on the premises where the register is open for registration at the time the register is scheduled to be closed and who have not been able to make the entries concerning them may nevertheless exercise their right to do so.
The person in charge of the register within the meaning of section 541 shall declare the period of registration closed after such persons have exercised their right.
For the purposes of the first paragraph, the premises where the register is open for registration extend as far as the end of the waiting line of qualified voters as it stands at the time the register is scheduled to close.
1987, c. 57, s. 538.
539. Not later than five days before the day the register opens for registration, the clerk or the secretary-treasurer shall give a public notice to the qualified voters entitled to have their names entered on the referendum list of the municipality or, as the case may be, of the sector concerned.
The heading of the notice shall clearly identify the group of persons for whom the notice is intended. If the notice is intended for the qualified voters entitled to have their names entered on the referendum list of a sector, the heading shall include a summary description of the sector.
The notice shall set out
(1)  the number, title, object and date of passage of the by-law, resolution or ordinance that is the subject of the referendum;
(2)  the right of every person for whom it is intended to demand that the by-law, resolution or ordinance be submitted to a referendum poll by entering his name, address and capacity, together with his signature, in a register open for that purpose;
(3)  the number of applications needed according to section 553 to require that a referendum poll be held;
(4)  the fact that if the required number of applications is not reached, the by-law, resolution or ordinance will be deemed approved by the qualified voters;
(5)  the place where and the days and hours when the by-law, resolution or ordinance may be examined;
(6)  the place or places where and the days and hours when the register will be open for registration;
(7)  the place where and the day and time when the results of the registration procedure will be announced.
Where the by-law, resolution or ordinance that is the subject of the referendum is a loan by-law, resolution or ordinance, the notice shall also indicate the amount and intended use of the proposed loan.
Where the notice is intended for the qualified voters entitled to have their names entered on the referendum list of the sector concerned, it shall illustrate the perimeter of the sector by means of a sketch. In addition to or in lieu of the sketch, the notice may describe the perimeter of the sector by using the names of thoroughfares wherever possible.
1987, c. 57, s. 539; 1997, c. 34, s. 36.
540. Where it is necessary to hold a simultaneous registration procedure in respect of several by-laws, resolutions or ordinances, each shall be the subject of a separate notice and have separate registers.
Notwithstanding the foregoing, the clerk or the secretary-treasurer may publish a single notice respecting all the by-laws, resolutions and ordinances which concern the same qualified voters.
1987, c. 57, s. 540; 1996, c. 77, s. 51.
541. The clerk or secretary-treasurer shall be the person in charge of the register unless another person is specially designated by him for that purpose.
Before taking office, the person shall swear that he will perform his duties according to law.
The clerk or the secretary-treasurer shall make designations as provided in the first paragraph if he establishes several places where the register is open for registration.
1987, c. 57, s. 541.
542. While the register is open for registration, the person in charge of it shall keep it under his supervision at all times.
The clerk or the secretary-treasurer may, however, specially designate an assistant to the person in charge of the register to replace him when he is absent and assist him in performing his duties. Before taking office, the assistant shall swear that he will perform his duties according to law.
1987, c. 57, s. 542; 1999, c. 40, s. 114.
543. The text of the by-law, resolution or ordinance and of the notice shall accompany the register and be posted up at the place where the register is open for registration.
1987, c. 57, s. 543.
544. Qualified voters entitled to have their names entered on the referendum list shall make and sign their entries in the register, in the order they present themselves to do so.
1987, c. 57, s. 544.
545. On presenting himself to make his entries in the register, a person shall state his name, address and capacity to the person in charge of the register.
The person must also produce identification in accordance with the third paragraph of section 215 or, failing that, establish his identity in accordance with section 213.2, which applies with the necessary modifications.
After ascertaining that the person has established his identity, is a qualified voter, is entitled to have his name entered on the referendum list, meets the requirements set out in the first paragraph of section 523 and has not already made any entry in the register, the person in charge of the register shall give him access to the register, subject to section 547.
No person may write down or otherwise record information contained in a document produced pursuant to the second paragraph.
1987, c. 57, s. 545; 1999, c. 15, s. 38; 1999, c. 25, s. 73.
545.1. The clerk or the secretary-treasurer may, if he considers it expedient, establish on the premises where the register is open for registration an identity verification panel for persons who present themselves pursuant to section 545 and cannot produce identification in accordance with the third paragraph of section 215. The panel shall be composed of three members, including a chairman, appointed in accordance with section 569. Sections 213.1 to 213.4 and the fourth paragraph of section 215 apply with the necessary modifications.
1999, c. 15, s. 39.
546. The clerk or the secretary-treasurer may draw up a list of the qualified voters entitled to have their names entered on the referendum list from any referendum list, list of electors, property assessment roll, roll of rental values, collection roll or other document he considers appropriate.
For this purpose, the clerk or the secretary-treasurer may request, in writing, that the chief electoral officer transmit to him a list of the electors whose names are entered on the permanent list of electors for the territory of the municipality or for the sector concerned.
The request must be made in the manner determined by the chief electoral officer. It must specify the date of reference, describe the territory concerned and state the date on which and form in which the list must be transmitted.
The chief electoral officer shall transmit the list requested not later than the date indicated in the request.
The costs relating to the production of the list, established under section 549 of the Election Act (chapter E-3.3), shall be charged to the municipality.
A person whose name is not entered on any of the documents contemplated in the first or second paragraph may be allowed to make his entries in the register if he proves to the person in charge of the register that he is a qualified voter entitled to have his name entered on the referendum list of the municipality or, as the case may be, of the sector concerned and meets the requirements set out in the first paragraph of section 523.
1987, c. 57, s. 546; 1995, c. 23, s. 67; 1999, c. 25, s. 74; 1999, c. 40, s. 114.
546.1. The chief electoral officer shall transmit to the clerk or the secretary-treasurer the information relating to the electors in respect of whom he is unable to update the entries on the permanent list of electors.
The chief electoral officer shall also transmit a list of the addresses in the territory concerned by the request provided for in section 546 for which no electors’ names are entered on the list.
1997, c. 34, s. 37.
547. To be admitted to make his entries in the register, a person shall, at the request of the person in charge of the register, declare under oath that he is a qualified voter entitled to have his name entered on the referendum list of the municipality or, as the case may be, of the sector concerned and meets the requirements set out in the first paragraph of section 523.
A person under whose name another person has already made entries in the register shall nevertheless be admitted to do so, after declaring under oath that he is really the qualified voter entitled to be entered on the referendum list under that name, that he meets the requirements set out in the first paragraph of section 523 and that he has not made his entries in the register.
No person may be admitted to make entries in the register by the person in charge thereof if he refuses to make the oath required of him.
1987, c. 57, s. 547; 1999, c. 25, s. 75.
548. Each person admitted to make his entries shall do so without undue delay, failing which the person in charge of the register may compel him to leave whether or not he has completed his entries.
1987, c. 57, s. 548.
549. The clerk or the secretary-treasurer has, during each day of registration, the powers of a returning officer in matters of maintaining order.
1987, c. 57, s. 549.
550. No person shall, on the premises where the register is open for registration, use any sign to indicate that he supports or opposes the holding of a referendum poll or that he favours an affirmative or a negative answer to a question that would be submitted to such a poll or engage in any other form of publicity to the same effect.
The building in which those premises are situated and any neighbouring place where the sign or publicity may be seen by the qualified voters waiting in line are deemed to be the premises where the register is open for consultation.
1987, c. 57, s. 550; 1999, c. 40, s. 114.
551. Every person who performs duties under this chapter is entitled to receive a remuneration or an expense allowance from the municipality in respect of such duties.
The council of the municipality may establish a tariff of remuneration or allowances; it may also delegate that power to the executive committee, if any. The tariff requires the approval of the Minister of Municipal Affairs and Greater Montréal if it fixes a lower remuneration or allowance than that established by the Minister pursuant to Title III.
Every person contemplated in the first paragraph is entitled to the remuneration or allowance fixed in the tariff established by the Minister if the municipality has failed to establish its own or has failed to fix the remuneration or allowance of that person.
1987, c. 57, s. 551; 1999, c. 43, s. 13.
552. One application for the holding of a referendum poll shall be counted for each qualified voter having made his entries according to law and who is entitled to have his name entered on the referendum list of the municipality or, as the case may be, of the sector concerned.
1987, c. 57, s. 552.
553. Unless the by-law, resolution or ordinance is withdrawn, a referendum poll shall be held where, at the end of the period of registration, the number of applications reaches
(1)  50% of the qualified voters where there are 25 or fewer;
(2)  the lesser of 500 and the number obtained by adding 13 to 10% of the qualified voters in excess of 25, where there are over 25 but under 5,000;
(3)  500, where the number of qualified voters is over 5,000 but under 20,000; or
(4)  2.5% of the qualified voters where there are 20,000 or over.
Where the result of the computation under the first paragraph is a number including a fraction, the fraction is counted as a unit.
For the purposes of the first paragraph, qualified voters are persons entitled to have their names entered on the referendum list of the municipality or, as the case may be, of the sector concerned. Unless the clerk or the secretary-treasurer has a list of all those persons, their number shall be considered equal to the total sum of housing units, non-residential immovables and business establishments situated in the territory of the municipality or, as the case may be, in the sector concerned.
1987, c. 57, s. 553; 1999, c. 40, s. 114.
554. The by-law, resolution or ordinance being the subject of the referendum is deemed to be approved by the qualified voters where, at the end of the period of registration, the number of applications is lower than the number needed to require that a referendum poll be held.
1987, c. 57, s. 554.
555. As soon as practicable after the end of the period of registration, the clerk or the secretary-treasurer shall draw up a certificate showing
(1)  the number of qualified voters established pursuant to section 553;
(2)  the number of applications needed to require that a referendum poll be held;
(3)  the number of applications made;
(4)  the fact that the by-law, resolution or ordinance is deemed to be approved by the qualified voters or that a referendum poll must be held, as the case may be.
1987, c. 57, s. 555.
556. As soon as practicable after the certificate is drawn up, the clerk or the secretary-treasurer shall read it publicly to the persons present at the place where the sittings of the council of the municipality are held or at any other place determined by him.
1987, c. 57, s. 556.
557. The clerk or the secretary-treasurer shall table the certificate before the council at its next sitting.
1987, c. 57, s. 557.
558. Where a referendum poll must be held, the council shall fix, not later than at the sitting following that at which the certificate is tabled, the date of the poll, in accordance with Chapter VI.
1987, c. 57, s. 558.
559. So long as the notice of the referendum poll has not been published, the council may, by resolution, withdraw the by-law, resolution or ordinance.
Within 15 days of the withdrawal, the clerk or the secretary-treasurer shall inform the persons concerned by a public notice.
1987, c. 57, s. 559.
CHAPTER V
REFERENDUM LIST
560. The clerk or the secretary-treasurer shall prepare the referendum list of the municipality or, as the case may be, of the sector concerned after the day on which the date of the referendum poll is determined and not later than 25 days before that date.
Notwithstanding the foregoing, the clerk or the secretary-treasurer is not required to prepare a new list if a referendum list drawn up in relation to a date of reference that precedes the date of reference applicable to the referendum concerned by less than 90 days is already in force in the municipality or, as the case may be, in the sector concerned or in a territory comprising the sector concerned. The clerk or the secretary-treasurer shall deposit the referendum list already in force or the relevant part thereof in the office of the municipality not later than 25 days before the day of the referendum poll; in such a case, the public notices provided for in sections 527 and 529 need not be given.
1987, c. 57, s. 560; 1999, c. 25, s. 76.
561. Division II of Chapter VI of Title I applies, adapted as required, and so far as it is consistent with this Title, to the preparation, revision and coming into force of the referendum list of the municipality or, as the case may be, of the sector concerned.
However, the clerk or secretary-treasurer is not required to make a request under section 100 if he has made a request under section 546, for the same date of reference, in respect of the territory concerned by the referendum or a territory that includes it.
1987, c. 57, s. 561; 1995, c. 23, s. 68.
562. The clerk or the secretary-treasurer shall appoint as revisor any person he may choose, without recommendation from the authorized parties, if any.
1987, c. 57, s. 562.
563. Before taking office, every member, secretary and revising officer of a board of revisors shall swear that he will perform his duties according to law.
1987, c. 57, s. 563; 1995, c. 23, s. 69; 1997, c. 34, s. 38.
564. The representative of the qualified voters who favour an affirmative answer to the referendum question and the representative of the qualified voters who favour a negative answer to the question are entitled to receive, on request and free of charge, a maximum of five copies of the referendum list and of the abstract of changes.
The clerk or the secretary-treasurer shall, on a written application, designate the representative contemplated in the first paragraph for each of the two groups.
Authorized parties, recognized tickets and candidates are not entitled to free copies of the list or abstract.
1987, c. 57, s. 564.
565. The clerk or the secretary-treasurer and every member, secretary and revising officer of a board of revisors are entitled to receive remuneration or an expense allowance from the municipality in respect of the duties they perform under this chapter.
The council of the municipality may establish a tariff of remuneration or allowances; it may also delegate that power to the executive committee, if any. The tariff requires the approval of the Minister of Municipal Affairs and Greater Montréal if it fixes a remuneration or allowance lower than that fixed in the tariff established by the Minister pursuant to Title III.
Every person contemplated in the first paragraph is entitled to the remuneration or allowance fixed in the tariff established by the Minister if the municipality has failed to establish its own or if it has failed to fix the remuneration or allowance of that person.
1987, c. 57, s. 565; 1995, c. 23, s. 70; 1997, c. 34, s. 39; 1999, c. 43, s. 13.
CHAPTER VI
REFERENDUM POLL
566. This chapter applies to a referendum poll required as a result of a registration procedure carried out in accordance with the provisions of Chapter IV, and to a referendum poll required pursuant to the Act providing for the referendum or as a result of a decision taken in accordance with the third paragraph of section 517.
1987, c. 57, s. 566; 1993, c. 65, s. 104.
567. To the extent that they are consistent with this chapter, the following provisions of Title I, adapted as required, apply to a referendum:
(1)  the provisions of Division III of Chapter V respecting election officers ;
(2)  the provisions of subdivisions 2 to 6 of Division IV of Chapter VI respecting advance polling, polling stations, materials required for voting, formalities prior to the opening of polling stations and the polling process;
(3)  the provisions of Division V of Chapter VI respecting the counting and the addition of the votes;
(4)  the provisions of subdivision 1 of Division VII of Chapter VI respecting a recount or re-addition of the votes;
(5)  the provisions of Chapter VII respecting the electoral code of ethics.
Notwithstanding subparagraph 2 of the first paragraph, subdivision 2 of Division IV of Chapter VI of Title I respecting advance polling does not apply if the referendum is intended for part only of the qualified voters of the municipality, unless the council of the municipality orders that the said subdivision applies to the referendum.
1987, c. 57, s. 567; 1999, c. 25, s. 77.
568. The referendum poll shall be held on the date fixed by the council of the municipality; the date must be a Sunday comprised in the 120 days following the date of reference.
The Minister of Municipal Affairs and Greater Montréal may, on request, allow the council to fix the date of the poll at a later date within the limit he specifies.
1987, c. 57, s. 568; 1996, c. 77, s. 52; 1999, c. 43, s. 13.
569. The clerk or the secretary-treasurer shall appoint as deputy returning officer, as poll clerk and as a member of an identity verification panel any person he may choose, without recommendation from the authorized parties, if any.
1987, c. 57, s. 569; 1999, c. 15, s. 40.
570. On a written application, the clerk or the secretary-treasurer shall appoint, for each polling station, a representative of the qualified voters who favour an affirmative answer to the referendum question and a representative of the qualified voters who favour a negative answer. For the purposes of provisions applicable to the referendum by reference, the representatives shall have a status equivalent to that of the representatives of candidates assigned to a polling station.
The representative shall swear that he will not disclose for which answer a person has voted in his presence.
On a written application, the clerk or the secretary-treasurer shall appoint, for each place where there is a polling station and for each group of qualified voters described in the first paragraph, a poll runner authorized to periodically collect a list of the persons who have already exercised their right to vote.
The appointment of the representative and of the poll runner shall be made by means of a writing signed by the clerk or the secretary-treasurer and presented to the deputy returning officer. The appointment of the representative is valid for the duration of the poll and of the counting of the votes taking place at the polling station; that of the poll runner is valid for the duration of the poll.
The representatives appointed under section 564 are entitled to receive the notices and documents that must be given to candidates under the provisions applicable by reference to the referendum.
1987, c. 57, s. 570.
571. The list used shall be the referendum list in force in the municipality or, as the case may be, in the sector concerned.
1987, c. 57, s. 571.
572. Not later than 10 days before the day of the referendum poll, the clerk or the secretary-treasurer shall give public notice of the poll to the persons whose names are entered on the referendum list.
The heading of the notice shall identify the group of persons for whom it is intended. If the notice is intended for the persons whose names are entered on the referendum list of the sector concerned, the heading shall give a summary description of the sector.
The notice shall set out
(1)  the number, title, object and date of passage of the by-law, resolution or ordinance that is the subject of the referendum;
(2)  the place where and the days and hours during which the by-law, resolution or ordinance may be examined;
(3)  the day and hours during which polling stations will be open for the advance poll, where that is the case;
(4)  the day and hours during which polling stations will be open for the referendum poll;
(5)  the text of the referendum question;
(6)  the place where the polling station will be established for the advance poll, where that is the case, and for the referendum poll and, if several polling stations are established, indications to determine in which polling station a person whose name is entered on the referendum list may vote;
(7)  the day and time when the addition of votes will begin and the place where it will take place.
The particulars referred to in subparagraph 6 of the third paragraph are not needed if the clerk or the secretary-treasurer causes reminders containing those particulars to be distributed.
Where the by-law, resolution or ordinance that is the subject of the referendum is a loan by-law, resolution or ordinance, the notice shall indicate the amount and intended use of the proposed loan.
Where the notice is intended for the persons whose names are entered on the referendum list of the sector concerned, the notice shall illustrate the perimeter of the sector by means of a sketch. In addition to or in lieu of the sketch, the notice may describe the perimeter of the sector by using the names of thoroughfares wherever possible.
1987, c. 57, s. 572; 1997, c. 34, s. 40.
573. The clerk or the secretary-treasurer may cause a reminder to be distributed to every person whose name is entered on the referendum list of the municipality or, as the case may be, of the sector concerned.
He shall do so in a municipality having a population of 20,000 or over.
The reminder shall contain all the particulars that must be set out in the notice of referendum poll; however, the particulars relating to polling stations may concern only the polling station where the addressee is entitled to vote.
1987, c. 57, s. 573.
574. The polling station shall include only one polling booth, even in a municipality whose territory is not divided for election purposes.
1987, c. 57, s. 574.
575. The ballot paper shall include, on the obverse,
(1)  a question beginning with the words “Do you approve” and then stating the number, title or object of the by-law, resolution or ordinance that is the subject of the referendum or, in the case of a consultative referendum, the question defined by the council of the municipality;
(2)  to the right of the question, the words “YES” and “NO” placed in a single column, the former above the latter;
(3)  a circle intended for the mark of the voter opposite each of the words “YES” and “NO”.
1987, c. 57, s. 575.
576. The by-law, resolution or ordinance that is the subject of the referendum is deemed to be approved by the qualified voters where the results of the poll show a greater number of affirmative votes than negative votes, unless the provisions governing the referendum establish a different rule.
In the latter case, the clerk or the secretary-treasurer is not required to request a recount of the votes in case of a tie.
1987, c. 57, s. 576.
577. Where the results of the poll certified by the judge following a recount or re-addition of the votes show a tie-vote, the mayor or, as the case may be, the warden may give a voice vote at the next council sitting after the judge’s decision.
The vote shall be counted as if it had been cast by a person whose name is entered on the referendum list.
The first two paragraphs do not apply where, according to the provisions governing the referendum, an affirmative vote by the mayor or the warden is not sufficient to cause the by-law, resolution or ordinance to be deemed to be approved by the qualified voters.
1987, c. 57, s. 577.
578. The clerk or the secretary-treasurer shall draw up a statement of the final results of the poll and table it before the council at the next sitting.
1987, c. 57, s. 578.
579. In no case may the person in charge of access to documents held by the municipality deliver any copy of any used ballot papers.
He shall allow no one to examine the ballot papers, unless he is required to do so by order of the court or a judge.
1987, c. 57, s. 579.
TITLE III
REGULATORY PROVISIONS
580. The Minister of Municipal Affairs and Greater Montréal shall establish, by regulation, a tariff of the remuneration or expense allowances which the following persons are entitled to receive in respect of duties performed under this Act:
(1)  an election officer;
(2)  the treasurer within the meaning of Chapter XIII of Title I;
(3)  a person performing duties under Chapter IV of Title II;
(4)  the clerks or secretary-treasurers or the member, secretary or revising officer of a board of revisors performing duties under Chapter V of Title II;
(5)  a referendum officer performing duties under Chapter VI of Title II.
Notwithstanding the foregoing, the Minister is not required to establish the remuneration and allowance of election or referendum officers whose services are temporarily required in accordance with section 84.
1987, c. 57, s. 580; 1995, c. 23, s. 71; 1997, c. 34, s. 41; 1999, c. 43, s. 13.
581. The Minister may, by regulation, designate any body as a municipal body for the purposes of sections 304 to 306.
1987, c. 57, s. 581.
582. The Minister may prescribe, by regulation, the form or minimum content of or a model for any document prescribed by this Act except a document prescribed by Chapter XIII of Title I, or the information that any such document must contain.
The chief electoral officer may prescribe, by regulation, the form or minimum content of or a model for any document prescribed by Chapter XIII of Title I, or the information that any such document must contain.
1987, c. 57, s. 582.
583. The Minister may prescribe, by regulation, the method for calculating the amount of election expenses that must not be exceeded by an authorized party or independent candidate during an election.
1987, c. 57, s. 583.
584. The Government may establish, by regulation, a tariff of costs for the recount or re-addition of votes by a judge.
1987, c. 57, s. 584.
585. Categories of municipalities or cases, and appropriate rules for each category or combination of categories may be established by regulation.
1987, c. 57, s. 585.
TITLE IV
PENAL PROVISIONS
CHAPTER I
OFFENCES
586. The following persons are guilty of an offence:
(1)  every election or referendum officer who while taking part in the preparation or revision of the list of electors or referendum list, knowingly enters the name of a person who should not be entered on the list or omits to enter or strikes off the name of a person who should and wishes to be entered on the list;
(2)  every person who makes an application to have his name entered on the list of electors or referendum list with the knowledge that he is not entitled thereto or makes an application to enter a name he knows to be fictitious or to be that of a deceased person or the name of a person he knows is not entitled to be entered;
(3)  every person who applies to have the name of a person struck off the list of electors or the referendum list even though he knows that the person is entitled and wishes to be entered on the list;
(4)  every person who spreads news of the withdrawal of a candidate for the office of member of the council with the knowledge that it is false;
(5)  every person who votes more often than he is entitled to vote;
(5.1)  every person who, to be admitted to vote or to allow someone to vote or to make entries in the register pursuant to Chapter IV of Title II or to allow someone to make such entries, makes a false declaration, produces a fraudulent document as identification or assumes the identity of another person ;
(6)  every deputy returning officer who admits a person to vote whose name is not entered on the list of electors or the referendum list and who has not obtained an authorization to vote under section 219 and, as the case may be, section 567;
(7)  every returning officer, clerk or secretary-treasurer who grants an authorization to vote to a person he knows is not entitled thereto;
(8)  every person who attempts to vote or votes without being entitled to vote;
(9)  every person who falsifies the statement of the poll or the statement of votes or the certificate of the results of the procedure for the registration of qualified voters provided for in Chapter IV of Title II;
(10)  every person who, during the procedure for the registration of qualified voters, makes more than one entry in the register;
(11)  every person who, during the procedure for the registration of qualified voters, attempts to make an entry or makes an entry without being entitled thereto;
(12)  a person in charge of the register who, during the procedure for the registration of qualified voters, admits to make an entry a person he knows is not entitled to do so or has already done so.
1987, c. 57, s. 586; 1997, c. 34, s. 42; 1999, c. 15, s. 41.
587. Every deputy returning officer who admits a person to vote with the knowledge that he has already voted and has no other voting right to exercise is guilty of an offence.
1987, c. 57, s. 587.
588. The following persons are guilty of an offence:
(1)  the returning officer who makes an announcement of the results of an addition of votes with the knowledge that it does not correspond to the actual results;
(2)  the returning officer who makes a declaration of election with the knowledge that it does not correspond to the final results of the poll;
(3)  the clerk or secretary-treasurer who draws up a certificate of the results of the procedure for the registration of qualified voters with the knowledge that it does not correspond to the actual results;
(4)  the clerk or secretary-treasurer who draws up a statement of the final results of the referendum poll with the knowledge that it does not correspond to the results.
1987, c. 57, s. 588.