E-6 - Public Officers Act

Section 38 Disposition versions

1999-10-22

38. If, within the year after the death, resignation or removal of any public officer or employee, or if, within the year which follows the three months after the notice of the withdrawal by his surety, of the security of such officer or employee, it does not appear that he has been guilty of negligence, misconduct or malversation, the security given shall be also extinguished. The moneys or bonds pledged as security shall afterwards be returned or the registration of the hypothec cancelled, as the case may be.

Such public officers and employees, however, and their legal representatives, shall remain personally liable, in accordance with the provisions of the Civil Code, for the damage that may arise from their negligence, misconduct or malversation.

R. S. 1964, c. 12, s. 38; 1979, c. 43, s. 5; 1999, c. 40, s. 117.

1979-06-22

38. If, within the year after the death, resignation or removal of any public officer or employee, or if, within the year which follows the three months after the notice of the withdrawal by his surety, of the security of such officer or employee, it does not appear that he has been guilty of negligence, misconduct or malversation, the security given shall be also extinguished. The moneys or debentures pledged as security shall afterwards be returned or the hypothec cancelled, as the case may be.

Such public officers and employees, however, and their legal representatives, shall remain personally liable, in accordance with the provisions of the Civil Code of Québec, for the damages arising from their negligence, misconduct or malversation.

R. S. 1964, c. 12, s. 38; 1979, c. 43, s. 5.

1977-12-31

38. If, within three years after the death, resignation or dismissal of any registrar, or if, within the three years which follow the three months after the notice of withdrawal by his surety, of his security, it does not appear that such registrar has been guilty of negligence, misconduct or malversation, the security given shall be extinguished.

If, within the year after the death, resignation or removal of any public officer or employee other than a registrar, or if, within the year which follows the three months after the notice of the withdrawal by his surety, of the security of such officer or employee, it does not appear that he has been guilty of negligence, misconduct or malversation, the security given shall be also extinguished.

In both cases the moneys or debentures pledged as security shall afterwards be returned or the hypothec cancelled, as the case may be.

Such public officers and employees, however, and their legal representatives, shall remain personally liable, in accordance with the provisions of the Civil Code, for the damages arising from their negligence, misconduct or malversation.

R. S. 1964, c. 12, s. 38.