C-19 - Cities and Towns Act

Section 604.7 Disposition versions

2021-11-05

604.7. The person for whom the municipality is required to incur expenses under section 604.6 shall, at the request of the municipality, reimburse all the expenses or the portion of such expenses indicated in the request in any of the following cases:

(1)  the person’s alleged act or omission having given rise to the proceedings is a gross or intentional fault or a fault separable from the performance of his duties;

(2)  the proceedings are brought before the court by the municipality or by a third person at the request of the municipality;

(3)  the person, defendant in the penal proceedings, has been convicted and had no reasonable grounds to believe that he acted within the law;

(4)  the person, member of the council of the municipality, has been declared disqualified from holding that office;

(5)  the person, member of the council of the municipality, was the subject of a decision made by the Commission municipale du Québec in accordance with section 26 of the Municipal Ethics and Good Conduct Act (chapter E-15.1.0.1) and the decision

(a)  suspended that person for 90 days or more; or

(b)  was the subject of an application for judicial review presented by that person, which was dismissed.

In addition, where the municipality incurs the expenses referred to in the first paragraph in reimbursing the expenses relating to the person’s defence or representation assumed by the person himself or by an attorney of his choice, the municipality’s obligation shall cease, in respect of all expenses not reimbursed or the portion of such expenses which the municipality may indicate, from the day on which it is established, by the person’s own admission or by a judgment that has become res judicata, that the request for reimbursement provided for in the first paragraph or the cessation of reimbursement provided for in this paragraph is justified.

The first and second paragraphs apply where the municipality is justified in requiring the reimbursement provided for in the first paragraph or, as the case may be, in ceasing to make reimbursements under the second paragraph. They do not apply in the case provided for in subparagraph 3 of the first paragraph of section 604.6.

1996, c. 27, s. 40; 1996, c. 27, s. 40; 2013, c. 3, s. 3; 2021, c. 31, s. 67.

2013-04-09

604.7. The person for whom the municipality is required to incur expenses under section 604.6 shall, at the request of the municipality, reimburse all the expenses or the portion of such expenses indicated in the request in any of the following cases:

(1)  the person’s alleged act or omission having given rise to the proceedings is a gross or intentional fault or a fault separable from the performance of his duties;

(2)  the proceedings are brought before the court by the municipality or by a third person at the request of the municipality;

(3)  the person, defendant or accused in the penal or criminal proceedings, has been convicted and had no reasonable grounds to believe that he acted within the law.

In addition, where the municipality incurs the expenses referred to in the first paragraph in reimbursing the expenses relating to the person’s defence or representation assumed by the person himself or by an attorney of his choice, the municipality’s obligation shall cease, in respect of all expenses not reimbursed or the portion of such expenses which the municipality may indicate, from the day on which it is established, by the person’s own admission or by a judgment that has become res judicata, that the request for reimbursement provided for in the first paragraph or the cessation of reimbursement provided for in this paragraph is justified.

The first and second paragraphs apply where the municipality is justified in requiring the reimbursement provided for in the first paragraph or, as the case may be, in ceasing to make reimbursements under the second paragraph. They do not apply in the case provided for in subparagraph 3 of the first paragraph of section 604.6.

1996, c. 27, s. 40; 1996, c. 27, s. 40; 2013, c. 3, s. 3.

1996-06-20

604.7. The person for whom the municipality is required to incur expenses under section 604.6 shall, at the request of the municipality, reimburse all the expenses or the portion of such expenses indicated in the request in any of the following cases:

(1)  the person’s alleged act or omission having given rise to the proceedings is a gross or intentional fault or a fault separable from the performance of his duties;

(2)  the proceedings are brought before the court by the municipality or by a third person at the request of the municipality;

(3)  the person, defendant or accused in the penal or criminal proceedings, has been convicted and had no reasonable grounds to believe that he acted within the law.

In addition, where the municipality incurs the expenses referred to in the first paragraph in reimbursing the expenses relating to the person’s defence or representation assumed by the person himself or by an attorney of his choice, the municipality’s obligation shall cease, in respect of all expenses not reimbursed or the portion of such expenses which the municipality may indicate, from the day on which it is established, by the person’s own admission or by a judgment that has become res judicata, that the request for reimbursement provided for in the first paragraph or the cessation of reimbursement provided for in this paragraph is justified.

The first and second paragraphs apply where the municipality is justified in requiring the reimbursement provided for in the first paragraph or, as the case may be, in ceasing to make reimbursements under the second paragraph.

1996, c. 27, s. 40; 1996, c. 27, s. 40.