O-1 - Sunday Observance Act

Full text
chapter O-1
Sunday Observance Act
SUNDAY OBSERVANCEDecember 19 1986February 15 1987
Repealed, 1986, c. 95, s. 207.
1986, c. 95, s. 207.
DIVISION I
GENERAL PROVISIONS
1. The laws of this Legislature, whether general or special, respecting the observance of Sunday, and in force on the 28th of February, 1907 (the date of the coming into force of chapter 42 of the statutes of 1907), shall continue in force until amended, replaced or repealed; and every person shall be and remain entitled to do on Sunday any act not forbidden by the acts of this Legislature in force on the said date, and, subject to the restrictions contained in this division, to enjoy on Sunday all such liberties as are recognized by the customs of Québec.
R. S. 1964, c. 302, s. 1.
2. No person shall, on Sunday, for gain, except in cases of necessity or urgency, do or cause to be done any industrial work, or pursue any business or calling.
R. S. 1964, c. 302, s. 2; 1971, c. 19, s. 204.
3. Every offence against this division shall be punishable, for a first offence, by a fine of not less than $1 nor more than $40, with costs, and, in default of payment thereof, by imprisonment for not more than thirty days, and for every subsequent offence by a fine of not more than $100, and, in default of payment, by imprisonment for not more than sixty days.
R. S. 1964, c. 302, s. 3.
4. The fine shall belong to the Crown, but may be recovered only by a Canadian citizen or a citizen of the Commonwealth, within the two months next following the commission of the offence, before a judge of the sessions of the peace, municipal judge, judge of the Provincial Court or two justices of the peace, under the provisions of the Summary Convictions Act (chapter P-15); and whenever any person violates any of the provisions of this division, and such offence is also an offence against another law, the offender may be prosecuted either under the provisions of this division or under those of any other law applicable to the alleged offence.
R. S. 1964, c. 302, s. 4; 1965 (1st sess.), c. 17, s. 2; S. C. 1974-75-76, c. 108, s. 31.
5. Nothing in this division shall repeal the acts of this Legislature in force on the 28th of February, 1907, respecting the observance of Sunday, nor any by-laws passed thereunder, which laws and by-laws shall continue in full force and effect until amended, replaced or repealed according to law.
R. S. 1964, c. 302, s. 5.
6. Nothing contained in this division shall restrict the privileges granted or recognized by chapter L-13 of the Revised Statutes of Canada, 1970.
R. S. 1964, c. 302, s. 6.
DIVISION II
SALE OF GOODS ON SUNDAY
7. No shopkeeper, peddler, hawker or other person shall sell or retail any goods, wares or merchandise during Sunday under penalty of a fine of not more than $20 for the first offence, and not less than $20 nor more than $40 for every subsequent offence.
Nevertheless, articles collected from the public for churches, and those destined for pious purposes, may be sold on Sunday at the doors of country churches.
R. S. 1964, c. 302, s. 7.
8. Any such fine may be recovered before the justice of the peace nearest to the place where the offence is committed, who shall hear and determine such offence in a summary way, either by voluntary confession of the party accused or upon the oath of one or more credible witnesses other than the prosecutor, except where such prosecutor is a churchwarden, constable or peace officer, in which case he shall be a competent witness; and, in default of payment of the sum forfeited, it shall be recovered by seizure and sale of the offender’s goods and chattels, by warrant under the hand of such justice, addressed to any peace officer; and any surplus of the moneys so recovered, after deducting the forfeiture and reasonable charges of seizure and sale taxed by a justice of the peace, shall be returned to the offender.
R. S. 1964, c. 302, s. 8.
9. One-half of every such fine collected under this division shall belong to the person prosecuting, and the other half to Her Majesty for public purposes.
R. S. 1964, c. 302, s. 9.
10. No prosecution under this division shall be instituted against any person for any such fine unless it be commenced within two months after the commission of the offence.
R. S. 1964, c. 302, s. 10.
DIVISION III
SPECIAL PROVISION
11. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).
1982, c. 21, s. 1.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 302 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter O-1 of the Revised Statutes.