We elect our municipal government every four years, but very few of us are clear on their roles. There are two documents used to determine what the duties are of councillors and mayors in Quebec. The Guide d’Accueil et de référence pour les élues et les élus municipaux, published by the ministère des Affaires municipales et de l’Habitation (MAHM), is an introduction to the mandate of elected officials, while the Le manuel de l'élu(e) municipal(e) (2021, 8th edition, by Joël Mercier) describes itself as a comprehensive work that addresses all the functions, obligations, responsibilities, and legal powers held by city council members.
Councillors, who are the most accessible elected officials, have a number of responsibilities to their constituents and to the city. Councillors must engage with their constituents and help them with their concerns by bringing them to the city manager or by presenting them to the municipal council during caucus meetings.
Outside of council meetings and barring exceptional circumstances, councillors have no general powers. Councillors cannot make any decisions on behalf of the municipality, give work instructions to employees, or carry out administrative tasks.
In addition to attending council and caucus meetings, councillors also put their focus on specific issues that are meaningful to their residents. Councillors may be appointed to committees by a council resolution and may choose to perform in-depth studies to help the council in its decision-making.
A councillor designated by the city council may be chosen to act as deputy mayor in the absence of the mayor or during a vacancy in this position.
Councillors have only one legal power; they are required to vote on every proposal debated at council meetings unless they are in a conflict of interest situation.
The role of the mayor is different, having powers of supervision, investigation, and control to ensure the proper functioning of the municipality. Some of the duties and responsibilities are quite straightforward, but the following should be noted:
A mayor participates in decision-making with council—but for the mayor, voting is not an obligation unless prescribed by law.
A mayor can exercise the right of veto over a decision of the council by refusing to approve it. However, this veto can be reversed if the majority of council members required by law adopt the same decision again.
The following 26 items encompass the legal powers of the mayor of Pointe-Claire, out of the 30 laid out by the Le manuel de l'élu(e) municipal(e):
The power to monitor, investigate, and control all departments and civil servants, except the Auditor General.
The power to ensure the municipality’s revenues are collected and spent in accordance with the law.
The power to ensure that the provisions of the law, the by-laws, and ordinances of council are faithfully and impartially carried out.
The power to submit to council any project that is considered necessary and useful, and to communicate to council any information and suggestions relating to the improvement of finances, police, health, safety, cleanliness, well-being, and progress of the municipality.
The right to suspend at any time a municipal official or employee, with the exception of the Auditor General.
The power to approve by-laws, resolutions, obligations, and contracts within 96 hours following their adoption or approval.
The power to be an ex officio member of, and vote on, all council committees.
The power to be ex officio Chairperson of the Executive Committee.
The power to sign checks and negotiable instruments, other than bonds issued by the municipality.
The power to answer questions posed by persons present at council question period.
The power to call a special council meeting.
The power to preside over council meetings.
The power to maintain order and decorum during council meetings.
The power to sign the book in which the minutes of the votes and deliberations of council are transcribed.
The power to sign the original copy of by-laws to ensure their authenticity.
The power to sign the book containing municipal regulations.
The power to report at a regular meeting of the June council meeting on the highlights of the financial report.
The power to sign the warrant for the seizure and sale of property for non-payment of taxes.
The power to sign bonds issued by the municipality.
The power to decree, in the case of force majeure of a nature that endangers the health and safety of the population, any expense deemed necessary to remedy the situation.
The power to administer oaths in the same way as a Commissioner of Oaths.
The power to take any oath required by the City and Towns Act.
The mayor may take the oath required under a provision of the act respecting elections and referendums in municipalities.
The mayor may solemnize marriages under Article 366 of the Civil Code of Quebec.
The mayor, or, if absent, the deputy mayor or any two members of council, may, under section 33 of the Fire Safety Act, request the intervention of another municipality’s fire department.
The mayor has the power to declare a state of emergency for a maximum period of 48 hours if council cannot meet to declare said state of emergency.