A-19.1 - Act respecting land use planning and development

Section 145.41.7 Disposition versions

2021-04-01

145.41.7. In determining the penalty for an offence referred to in section 145.41.6, the judge shall take into account the following aggravating factors, among others:

(1)  whether the offender acted intentionally or was negligent or reckless;

(2)  the seriousness of the harm or the risk of harm to human health or safety;

(3)  the intensity of the nuisances suffered by the neighbourhood;

(4)  the foreseeable character of the offence or the failure to follow the recommendations or warnings to prevent it, including where work described in a notice referred to in the third paragraph of section 145.41 or in a deterioration notice was not carried out;

(5)  whether the building concerned is a heritage immovable within the meaning of paragraph 1 of section 148.0.1;

(6)  whether the offender’s actions or omissions resulted in so much deterioration to the building that the only useful remedy is to demolish it; and

(7)  the offender’s attempts to cover up the offence or failure to try to mitigate its consequences.

A judge who, despite the presence of an aggravating factor, decides to impose the minimum fine must give reasons for the decision.

2021, c. 10, s. 98.