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C-24.2 - Highway Safety Code

Section 553
Disposition versions

Full text
553. The Société shall, before making a written decision in respect of which it is required to comply with the obligations prescribed by section 5 of the Act respecting administrative justice (chapter J‐3), send to the person concerned a notice of its proposed decision which shall mention, among other things, that the person has 12 days from the time of mailing of the notice or of its filing at the location designated by the Société within which to present observations.
The proposed decision shall become the decision of the Société on the third day following the expiry of such time limit, and shall take effect unless the Société decides otherwise.
The time limit prescribed in the first paragraph may be shortened where the decision relates to the suspension of a licence or class of a licence following a proficiency examination.
In the event of an interruption of postal service, a decision delivered by another means takes effect on the date fixed by the Société.
1986, c. 91, s. 553; 1987, c. 94, s. 81; 1990, c. 83, s. 216; 1996, c. 56, s. 117; 1997, c. 43, s. 173; 2000, c. 64, s. 27; 2018, c. 18, s. 26.
553. The Société shall, before making a written decision in respect of which it is required to comply with the obligations prescribed by section 5 of the Act respecting administrative justice (chapter J‐3), send to the person concerned a notice of its proposed decision which shall mention, among other things, that the person has 12 days from the time of mailing of the notice within which to present observations.
The proposed decision shall become the decision of the Société on the third day following the expiry of such time limit, and shall take effect unless the Société decides otherwise.
The time limit prescribed in the first paragraph may be shortened where the decision relates to the suspension of a licence or class of a licence following a proficiency examination.
In the event of an interruption of postal service, a decision delivered by another means takes effect on the date fixed by the Société.
1986, c. 91, s. 553; 1987, c. 94, s. 81; 1990, c. 83, s. 216; 1996, c. 56, s. 117; 1997, c. 43, s. 173; 2000, c. 64, s. 27.
553. The Société shall, before making a written decision in respect of which it is required to comply with the obligations prescribed by section 5 of the Act respecting administrative justice (chapter J-3), send to the person concerned a notice of its proposed decision which shall mention, among other things, that the person has 12 days from the time of mailing of the notice within which to present observations.
The proposed decision shall become the decision of the Société on the third day following the expiry of such time limit, and shall take effect unless the Société decides otherwise.
The time limit prescribed in the first paragraph may be shortened where the decision relates to the suspension of a licence or class of a licence following a proficiency examination.
In the event of an interruption of postal service, a decision delivered by another means takes effect on the date fixed by the Société.
A decision made under section 192 takes effect at the time indicated in section 193, unless no other suspension or revocation is in effect at the time the suspension is applied, in which case the decision takes effect at the time indicated in the first paragraph.
1986, c. 91, s. 553; 1987, c. 94, s. 81; 1990, c. 83, s. 216; 1996, c. 56, s. 117; 1997, c. 43, s. 173.
553. Every decision relating to a suspension, a cancellation, a cancellation of registration, a prohibition from putting a road vehicle back into operation or a prohibition from driving a road vehicle, except in the case of a prohibition referred to in any of sections 21, 31.1 and 93.1, takes effect 15 days after the date of the mailing of that decision.
However, a decision takes effect immediately where
(1)  it suspends a licence or class of a licence as a result of the failing of a proficiency examination;
(2)  it suspends a dealer’s or recycler’s licence for giving false or misleading information on making the application;
(3)  it suspends a dealer’s or recycler’s licence if its holder no longer fulfils the conditions attached thereto.
Any decision rendered under section 191 which is served in conformity with the Code of Civil Procedure (chapter C-25) takes effect on the date of service.
In the event of an interruption of postal service, a decision delivered by another means takes effect on the date fixed by the Société.
A decision made under section 192 takes effect at the time indicated in section 193, unless no other suspension or revocation is in effect at the time the suspension is applied, in which case the decision takes effect at the time indicated in the first paragraph.
1986, c. 91, s. 553; 1987, c. 94, s. 81; 1990, c. 83, s. 216; 1996, c. 56, s. 117.
553. Every decision relating to a suspension, a cancellation, a cancellation of registration, a prohibition from putting a road vehicle back into operation or a prohibition from driving a road vehicle, except in the case of a prohibition referred to in any of sections 21, 31.1 and 93.1, takes effect 15 days after the date of the mailing of that decision.
However, a decision takes effect immediately where
(1)  it suspends a licence or class of a licence as a result of the failing of a proficiency examination;
(2)  it suspends a driving school licence, an instructor’s licence or a dealer’s or recycler’s licence for giving false or misleading information on making the application;
(3)  it suspends a dealer’s or recycler’s licence if its holder no longer fulfils the conditions attached thereto.
Any decision rendered under section 191 which is served in conformity with the Code of Civil Procedure (chapter C-25) takes effect on the date of service.
In the event of an interruption of postal service, a decision delivered by another means takes effect on the date fixed by the Société.
A decision made under section 192 takes effect at the time indicated in section 193, unless no other suspension or revocation is in effect at the time the suspension is applied, in which case the decision takes effect at the time indicated in the first paragraph.
1986, c. 91, s. 553; 1987, c. 94, s. 81; 1990, c. 83, s. 216.
553. Every decision relating to a suspension or revocation takes effect 15 days after a copy of the decision is sent to the person concerned.
However, a decision takes effect immediately where
(1)  it suspends a licence or class of a licence as a result of the failing of a proficiency examination;
(2)  it suspends a driving school licence, an instructor’s licence or a dealer’s or recycler’s licence for giving false or misleading information on making the application;
(3)  it suspends a dealer’s or recycler’s licence if its holder no longer fulfils the conditions attached thereto.
Any decision rendered under section 191 which is served in conformity with the Code of Civil Procedure (chapter C-25) takes effect on the date of service.
In the event of an interruption of postal service, a decision delivered by another means takes effect on the date fixed by the Société.
A decision made under section 192 takes effect at the time indicated in section 193, unless no other suspension or revocation is in effect at the time the suspension is applied, in which case the decision takes effect at the time indicated in the first paragraph.
1986, c. 91, s. 553; 1987, c. 94, s. 81; 1990, c. 83, s. 216.
553. Every decision relating to a suspension or revocation takes effect 15 days after a copy of the decision is sent to the person concerned.
Notwithstanding the first paragraph, a decision made under paragraph 3 of section 189 takes effect immediately and a decision made under section 191 and served in accordance with the Code of Civil Procedure (chapter C-25) takes effect on the date it is served.
A decision made under section 192 takes effect at the time indicated in section 193, unless no other suspension or revocation is in effect at the time the suspension is applied, in which case the decision takes effect at the time indicated in the first paragraph.
1986, c. 91, s. 553; 1987, c. 94, s. 81.
553. Every decision relating to a suspension or revocation takes effect 15 days after a copy of the decision is sent to the person concerned.
Notwithstanding the first paragraph, a decision made under paragraph 3 of section 189 takes effect immediately, a decision made under section 191 and served in accordance with the Code of Civil Procedure (chapter C-25) takes effect on the date it is served and a decision made under section 192 takes effect at the time indicated in section 193.
1986, c. 91, s. 553.
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