S-2.01 - Act respecting monetary administrative penalties in municipal matters

Updated to 20 February 2024

This document has official status.

chapter S-2.01

Act respecting monetary administrative penalties in municipal matters

1. The Government may, by regulation, allow a municipal body to establish a system of monetary administrative penalties as an incentive to rapidly remedy a failure to comply with a provision of an Act or regulation or to prevent the repetition of such a failure.

2023, c. 31, s. 68.

2. The government regulation must

(1)  determine the municipal body authorized to establish a system of monetary administrative penalties;

(2)  determine the categories of failures to comply or the failures that may be the subject of a system of monetary administrative penalties;

(3)  set the amount of the monetary administrative penalties;

(4)  set the prescription period of the monetary administrative penalties and the reasons for interrupting prescription;

(5)  prohibit, regarding the same failure to comply, the accumulation of monetary administrative penalties or that of a monetary administrative penalty and penal proceedings;

(6)  impose any measure to ensure that any person concerned by the imposition of a monetary administrative penalty may apply to have it reviewed and, if applicable, contest the review decision within a framework that is consistent with the principles of fundamental justice and in accordance with a procedure conducted so as to ensure a fair debate, in keeping with the duty to act impartially and with the right to be heard; and

(7)  set the costs that the person responsible for hearing a contestation may impose when confirming the review decision.

The government regulation may prescribe all the other terms and conditions, including all the rules of procedure and the rules relating to the recovery of the amounts owing, that the system of monetary administrative penalties of a municipal body must comply with or authorize the municipal body to prescribe those terms and conditions.

The standards prescribed by the government regulation may vary on the basis of any distinction considered useful.

2023, c. 31, s. 68.

3. A municipal body authorized under this Act must establish a contestation body or enter into an agreement with a municipal body having established such a body by which the monetary administrative penalties it imposes may be contested before that body.

2023, c. 31, s. 68.

4. The authorized municipal body establishes a system of monetary administrative penalties by a by-law that is in conformity with the provisions of the government regulation referred to in section 2.

The standards prescribed by the municipal body’s by-law may vary on the basis of any distinction considered useful.

The by-law is sent to the Minister of Municipal Affairs, Regions and Land Occupancy and to the Minister of Justice.

2023, c. 31, s. 68.

5. The Government, on the recommendation of the Minister of Justice, appoints the persons responsible for hearing contestations according to the recruiting and selection procedure established by government regulation. The Government may entrust the application of that recruiting and selection procedure to the authorized municipal body.

The Minister may also designate a decision maker from among the persons responsible for hearing contestations.

The government regulation may also prescribe any measure relating to the execution of the functions of the persons responsible for hearing contestations and of the decision maker. The regulation must, in particular, prescribe the duration of the term of the persons responsible for hearing contestations, determine the remuneration and other conditions of employment of those persons, prescribe the functions incompatible with their functions and the rules of conduct that apply to them.

2023, c. 31, s. 68.

6. Any person may lodge a complaint with the Conseil de la justice administrative (the “council”) against a person responsible for hearing contestations, for a breach of the rules of conduct, of a duty imposed by the government regulation or of the prescriptions governing conflicts of interest and incompatible functions.

The complaint must be in writing and must briefly state the reasons on which it is based.

It is transmitted to the seat of the council.

2023, c. 31, s. 68.

7. When examining a complaint against a person responsible for hearing contestations, the council acts in accordance with sections 184 to 192 of the Act respecting administrative justice (chapter J-3), with the necessary modifications.

2023, c. 31, s. 68.

8. The Government may dismiss a person responsible for hearing contestations if the council so recommends, after an inquiry conducted following the lodging of a complaint pursuant to section 6.

The Government may also suspend the person with or without remuneration for the period recommended by the council.

2023, c. 31, s. 68.

9. The Government may also remove a person responsible for hearing contestations from office due to a permanent disability which, in the opinion of the Government, prevents the person from performing the duties of office satisfactorily; permanent disability is ascertained by the council, after an inquiry conducted at the request of the Minister.

The council acts in accordance with sections 193 to 197 of the Act respecting administrative justice (chapter J-3), with the necessary modifications.

2023, c. 31, s. 68.

10. The Minister of Justice is responsible for the administration of this Act.

2023, c. 31, s. 68.