M-2 - Disorderly Houses Act

Updated to 8 November 2021

This document has official status.

chapter M-2

Disorderly Houses Act

DIVISION I CLOSING OF HOUSES USED AS DISORDERLY HOUSES

1. In this division, which applies to all of Québec, with the exception of the houses dealt with by division II, the following terms and expressions shall have the meanings hereinafter given them, unless the context clearly indicates a different meaning:

(1)  the word “person” shall include any natural or legal person and any association or partnership;

(2)  the expression “disorderly house” shall mean a house used for any of the purposes which constitute a disorderly house within the meaning of Part VII of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46).

R. S. 1964, c. 46, s. 1; 1999, c. 40, s. 171.

2. It shall be illegal for any person who owns or occupies any house or building of any nature whatsoever, to use or to allow any person to use the same as a disorderly house.

R. S. 1964, c. 46, s. 2.

3. A certified copy of any judgment convicting any person of an offence under section 201 or 210 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) shall be prima facie proof of such use of the house in respect of which such conviction was had.

R. S. 1964, c. 46, s. 3.

4. Any person knowing or having reason to believe that any building or part of a building is being made use of as a disorderly house may send to the registered owner, or to the lessor, or to the agent of the registered owner, or to the lessee of such building, a notice to that effect, accompanied by a certified copy of any conviction as aforesaid, if any there be, by registered mail to the last known address of the said owner, lessor, agent or lessee, as the case may be.

R. S. 1964, c. 46, s. 4; 1975, c. 83, s. 84; I.N. 2016-01-01 (NCCP).

5. Ten days after the mailing of such notice, if such building or any part thereof still continues to be used as a disorderly house, any person may apply for and obtain an injunction directed to the owner, lessor, lessee or occupant of such building, or to all such persons, restraining them, their heirs, assignees or successors from using or permitting the use of such building or any other building for the purposes above mentioned.

R. S. 1964, c. 46, s. 5.

6. All the provisions of the Code of Civil Procedure (chapter C-25.01) respecting injunctions shall apply to the injunction referred to in section 5, unless expressly derogated from by this Act.

R. S. 1964, c. 46, s. 6; I.N. 2016-01-01 (NCCP).

7. Service of such injunction and of all proceedings preliminary to or in connection therewith shall be made personally upon the owner, or other person or persons against whom it is directed, if they can be found in the district. If they cannot be so found, a copy thereof shall be delivered to any reasonable person residing in said building, and to the agent, if any, of the owner. If no such reasonable person be found, or service cannot be had upon such agent, if any, then service shall be made as the court shall direct.

R. S. 1964, c. 46, s. 7.

8. If the judge finds that the use of such building as a disorderly house continues, he shall, by his final judgment, in addition to all other orders he is by law empowered to make, order the closing of the said building against its use for any purpose whatsoever for a period of not more than one year from the date of judgment, which said order shall be registered at the Land Registry Office within ten days thereof, with a notice stating that it affects the immovable property concerned.

R. S. 1964, c. 46, s. 8; 2000, c. 42, s. 181; 2020, c. 17, s. 111.

9. The judgment shall affect the property only from the date of its registration, and shall have no effect whatever against any person acquiring rights in or upon such property prior to such registration.

Nevertheless the notice given under section 4 shall be effective as against any person acquiring such property before the registration of the judgment, if the court be of opinion that such acquirer is using the building in question, or any part thereof, as a disorderly house.

R. S. 1964, c. 46, s. 9.

10. At any time after the said judgment ordering the closing of the building, the owner of the said building, upon establishing his good faith and his ignorance of the purpose for which the said building had been used in contravention of the provisions hereof and upon furnishing a cash bond to the extent of $1,000 to be deposited in court as a guarantee that the said building shall not again be used for the said purposes, may obtain an order suspending the operation of the said judgment; and the Land Registrar, upon receiving a certified copy of the said order, shall cancel in the land register the entry relating to the judgment the operation of which is suspended.

Upon application by the interested parties and upon receiving evidence therewith to the effect that, notwithstanding the said bond and guarantee, the said building is again being used in contravention of the provisions of this Division, the judge may cancel the said bond and order the confiscation to the State of the said money deposited, and the renewal of the registration of the original judgment so suspended.

R. S. 1964, c. 46, s. 10; 1999, c. 40, s. 171; 2000, c. 42, s. 182; 2020, c. 17, s. 112.

11. Should it appear to the judge, upon application of the owner, that the building or its contents is or are likely to suffer damage by reason of its closing as aforesaid, the judge, under such conditions and limitations as he may see fit to impose, may permit the occupation of the said building as far as may be necessary to prevent it or its contents from being damaged; and where in any proceedings the owner is not represented, the judge may attach such conditions to the closing order as will serve to protect the property from damage.

R. S. 1964, c. 46, s. 11.

12. The lease of any building or part of a building which is used for any of the purposes aforesaid is absolutely null, save that the owner or lessor may invoke such lease as the basis of an action at law to have the lessee ejected from the premises leased.

R. S. 1964, c. 46, s. 12; 1999, c. 40, s. 171.

DIVISION II REPRESSION OF CERTAIN DISORDERS IN HOUSES BUILT ON THE FRONTIER LINES OF QUÉBEC

13. In this Division, unless the context clearly indicates otherwise, the following terms and expressions shall have the meaning hereinafter given them:

(1)  the word “person” shall include any natural or legal person and any association or partnership;

(2)  the word “house” shall mean the portion, situated within the territory of Québec, of any building, construction, shelter, penthouse, shed or other erection, under whatever name known or designated, attached to the ground or portable, built, erected or placed on the surface or above or underground, permanently or temporarily, partly on the territory of Québec and partly on that of one of the United States of America or of another province of Canada;

(3)  the expression “disorderly house” shall mean the part of the house described in the preceding paragraph 2, situated in Québec, used for any of the purposes whatsoever which constitute a disorderly house within the meaning of Part VII of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), or used for trading, transportation, keeping or delivery of alcoholic beverages, contrary to the provisions of the Act respecting liquor permits (chapter P-9.1), of the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or of the Act respecting the Société des alcools du Québec (chapter S-13), or of any other law respecting the above objects.

R. S. 1964, c. 46, s. 13; 1979, c. 71, s. 160; 1999, c. 40, s. 171.

14. It shall be illegal for any person who owns or occupies a house of any nature whatsoever, to use it or to allow anyone to make use of it as a disorderly house.

R. S. 1964, c. 46, s. 14.

15. A certified copy of any judgment declaring a person guilty of an offence under section 201 or 210 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), of a violation of the Act respecting liquor permits (chapter P-9.1), of the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or of the Act respecting the Société des alcools du Québec (chapter S-13), committed within the house, shall be proof, prima facie, that the house was used for the purposes for which the conviction was had.

R. S. 1964, c. 46, s. 15; 1979, c. 71, s. 160.

16. Every person who knows or has reason to believe that a house is used as a disorderly house may send a notice to the registered owner, or to the lessor, or to the agent of the registered owner, or to the lessee of such house, with a certified copy of any judgment, as aforesaid, by registered mail to the last known address of the said owner, lessor, agent or lessee, as the case may be.

R. S. 1964, c. 46, s. 16; 1975, c. 83, s. 84; I.N. 2016-01-01 (NCCP).

17. Upon the expiry of ten days from the posting of such notice, if the house is still used as a disorderly house, any person may apply for and obtain an injunction against the owner, lessor, lessee or occupant of such house, or against all such persons, forbidding them and their heirs, successors or assigns to make use or tolerate the use of such house for the purpose aforesaid.

R. S. 1964, c. 46, s. 17.

18. All the provisions of the Code of Civil Procedure (chapter C-25.01) respecting injunctions shall apply to the injunction mentioned in section 17, unless expressly derogated therefrom by this division.

R. S. 1964, c. 46, s. 18; I.N. 2016-01-01 (NCCP).

19. Service of the injunction, and of all proceedings anterior or relating thereto, shall be made personally upon the owner or other person or persons, parties thereto, if they can be found in the district. If they cannot be found therein, a copy of the injunction shall be handed to any reasonable person in charge of or occupying such house, and to the owner’s agent, if he has one. If no reasonable person can be found therein or if service cannot be made upon the agent, if there is one, then it shall be made in the manner indicated by the court.

R. S. 1964, c. 46, s. 19.

20. (1)  If the judge finds that such house is still being used as a disorderly house, he shall, in his final judgment, in addition to all other orders he is authorized to make, order the closing of such house against its use for any purpose whatsoever, for a period of not more than one year from the date of the judgment, or order the demolition or removal of the part of such house situated on the territory of Québec with prohibition to rebuild or replace it at a distance less than 20 m from the frontier line; such order shall be registered within ten days from its date, at the Land Registry Office, with a notice that it affects the immovable property in question.

(2)  The judgment shall affect the property only from the date of its registration, and shall have no effect with regard to a person who has acquired any rights with respect to such property before such registration.

Nevertheless, the notice given under section 16 shall be effective as against any person who has acquired such property before the registration of the judgment, if the court be of opinion that such person is using the house, or any part thereof, as a disorderly house.

R. S. 1964, c. 46, s. 20; 1984, c. 47, s. 213; 2000, c. 42, s. 183; 2020, c. 17, s. 111.

21. At any time after the judgment ordering the closing of the house, or within 15 days of the judgment ordering its demolition or removal, the registered owner thereof, upon establishing his good faith and his ignorance of the purposes for which the house was used in contravention of the provisions hereof, and upon furnishing a cash bond to an amount of not more than $5,000, to be deposited in court as a guarantee that the house will not be again used for such purposes, may obtain an order suspending the execution of such judgment; and the Land Registrar shall, upon presentation of a certified copy of such order, cancel in the land register the registration of the judgment the operation of which is so suspended.

Upon application to the Superior Court or to a judge thereof by the interested parties, supported by evidence that, notwithstanding such bond and guarantee, use continues to be made of the house in contravention of the provisions of this Division, the judge may cancel the said bond and order the confiscation of the deposit in favour of the State, and the renewal of the registration of the judgment ordering the closing of the house or its demolition or removal, as the case may be.

R. S. 1964, c. 46, s. 21; 1999, c. 40, s. 171; 2000, c. 42, s. 184; I.N. 2016-01-01 (NCCP); 2020, c. 17, s. 112.

22. Should it appear to the judge, upon application of the owner, that the house or its contents is or are likely to suffer damage through closing it as above, the judge, upon such conditions and restrictions as he may impose, may permit the occupation of such house as far as may be necessary to prevent it or its contents being damaged, or, in the case of demolition or removal, the judge may order the removal of the effects which it contains within such time as he may fix; and, if in such proceedings the owner is not represented, the judge may, in the order for closing, demolition or removal, lay down such conditions as he deems proper to protect the property or effects from damage.

R. S. 1964, c. 46, s. 22; 1999, c. 40, s. 171.

23. The cost of demolition shall be paid by the petitioner, saving his recourse for recovery from the persons in default.

R. S. 1964, c. 46, s. 23.

24. The lease of any house or part of a house, used for any of the purposes aforesaid, is absolutely null, save that the owner or lessor may invoke such lease in any legal proceeding to expel the lessee.

R. S. 1964, c. 46, s. 24; 1999, c. 40, s. 171.

DIVISION III

This Division ceased to have effect on 17 April 1987.

25. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 46 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter M-2 of the Revised Statutes.