C-27.1 - Municipal Code of Québec

Section 1094 Disposition versions

2016-01-01

2008-06-12

2006-06-15

2005-12-16

2004-11-01

1999-10-22

1996-05-08

1992-06-23

1988-01-01

1985-01-01

0001-01-01

1094. (1)  Every municipality may, with a view to placing at its disposal the moneys it needs for any purpose within its competence, constitute a fund known as the “working-fund”, or increase the amount thereof; to that effect, it passes a by-law to appropriate the surplus of its general fund. Such by-law requires no other approval than that of the Minister of Municipal Affairs and of the Commission municipale du Québec.

(2)  The municipality may, by resolution, borrow from such fund the moneys which it may need. The resolution authorizing the loan indicates the repayment term, which shall not exceed five years. Nevertheless, loans contracted pending the collection of revenues must be repaid within 12 months of the date of their approval. The municipality must appropriate, each year, out of its general revenues a sum sufficient to repay the loan to the working-fund. Such loans are subject to approval by the Commission municipale du Québec.

(3)  The available moneys of such fund must be invested in accordance with article 203.

(4)  The interest on the working-fund is appropriated as ordinary revenue of the fiscal year during which it is earned.

(5)  A member of the council who, knowingly, by his vote or otherwise, authorizes:

(a)   the constitution of a working fund, its capital endowment, or a loan to such fund, for an amount exceeding the approved amount or while any such operation has not received one or another of the approvals contemplated in this article, when such approval is required by law; or

(b)  the investment of the moneys constituting such fund otherwise than in the manner prescribed in paragraph 3,

may be declared disqualified to hold any municipal office for two years and may be held personally liable towards the corporation for any loss or damage suffered by it.

The liability provided in the first paragraph is joint and several and it applies to every officer who knowingly is a party to the unlawful act.

Proceedings for the declaration of disqualification shall be taken in accordance with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); those for indemnity for loss or damages, by ordinary action. Any ratepayer may exercise such recourses.

1974, c. 81, s. 10; 1975, c. 82, s. 39; 1977, c. 5, s. 14; 1977, c. 53, s. 50.