E-2.2 - Act respecting elections and referendums in municipalities

Section 305 Disposition versions

2021-11-05

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 business corporation 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 solidarity cooperative, 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 as a council member 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;

(5.1)  where the object of the contract is the sale or leasing, on non-preferential terms, of an immovable ;

(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.

For the purposes of subparagraph 2.1 of the first paragraph, a solidarity cooperative is a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates and the payment of interest on any category of preferred shares, unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM).

1987, c. 57, s. 305; 1989, c. 56, s. 2; 2000, c. 19, s. 21; 2009, c. 52, s. 714; 2017, c. 13, s. 150; 2021, c. 31, s. 9.

2017-06-16

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 business corporation 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 solidarity cooperative, 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;

(5.1)  where the object of the contract is the sale or leasing, on non-preferential terms, of an immovable ;

(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.

For the purposes of subparagraph 2.1 of the first paragraph, a solidarity cooperative is a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates and the payment of interest on any category of preferred shares, unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM).

1987, c. 57, s. 305; 1989, c. 56, s. 2; 2000, c. 19, s. 21; 2009, c. 52, s. 714; 2017, c. 13, s. 150.

2011-02-14

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 business corporation 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;

(5.1)  where the object of the contract is the sale or leasing, on non-preferential terms, of an immovable ;

(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; 2000, c. 19, s. 21; 2009, c. 52, s. 714.

2000-06-16

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;

(5.1)  where the object of the contract is the sale or leasing, on non-preferential terms, of an immovable ;

(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; 2000, c. 19, s. 21.

1989-06-22

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.

1988-01-01

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 officer and of which he possesses less than 10 % of the voting shares issued;

(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.