C-25.1, r. 1 - Regulation respecting the form of statements of offence

Section 23 Disposition versions

2021-04-29

23. Four types of statement of offence may be used for proceedings in respect of offences against the provisions of statutes and regulations enacted or made in Québec:

(1)  a general statement of offence with a request for sentence allowing for a greater sentence than the minimum sentence, a model for which appears in Schedule I, applies to all offences, except offences to which Division II of Chapter VI of the Code of Penal Procedure (chapter C-25.1) applies, and allows a request for a greater sentence than the minimum sentence; it is intended to be remitted at the time of the offence or following a summary investigation, where the prosecutor requests a greater sentence than the minimum sentence, or to be served after an offence is committed, where a detailed investigation or special inquiry is required in respect of the offence or the sentence;

(2)  a general statement of offence with a request for sentence for the minimum sentence, a model for which appears in Schedule II, applies to all offences, except offences to which Division II of Chapter VI of the Code of Penal Procedure applies, and allows only a request for the minimum sentence; it is intended to be remitted at the time of the offence or to be served following a summary investigation;

(3)  a statement of offence issued for an offence relating to the control of highway transportation, highway safety or parking violations or for an offence which a municipality is responsible for prosecuting, whether or not Division II of Chapter VI of the Code of Penal Procedure applies to those offences, a model for which appears in Schedule III, is intended to be remitted at the time of the offence or to be served following the offence, in cases where the prosecutor requests the minimum sentence only; and

(4)  a statement of offence issued for a parking violation, whether or not Division II of Chapter VI of the Code of Penal Procedure applies to the offence, a model for which appears in Schedule IV, is intended to be remitted at the time of the offence or following it, in cases where the prosecutor requests the minimum sentence only.

O.C. 1211-97, s. 23; O.C. 633-2006, s. 1; O.C. 520-2021, s. 2.

2012-09-01

23. Four types of statement of offence may be used for proceedings in respect of offences against the provisions of statutes and regulations enacted or made in Québec:

(1)  a general statement of offence with a request for sentence allowing for a greater sentence than the minimum sentence, a model for which appears in Schedule I, applies to all offences, except offences to which Division II of Chapter VI of the Code of Penal Procedure (chapter C-25.1) applies, and allows a request for a greater sentence than the minimum sentence; it is intended to be remitted at the time of the offence or following a summary investigation, where the prosecutor requests a greater sentence than the minimum sentence, or to be served after an offence is committed, where a detailed investigation or special inquiry is required in respect of the offence or the sentence;

(2)  a general statement of offence with a request for sentence for the minimum sentence, a model for which appears in Schedule II, applies to all offences, except offences to which Division II of Chapter VI of the Code of Penal Procedure applies, and allows only a request for the minimum sentence; it is intended to be remitted at the time of the offence or to be served following a summary investigation;

(3)  a statement of offence issued for an offence relating to the control of highway transportation, highway safety or parking violations or for an offence which a municipality is responsible for prosecuting, whether or not Division II of Chapter VI of the Code of Penal Procedure applies to those offences, a model for which appears in Schedule III, is intended to be remitted at the time of the offence or to be served following the offence, in cases where the prosecutor requests the minimum sentence only; and

(4)  a statement of offence issued for a parking violation, whether or not Division II of Chapter VI of the Code of Penal Procedure applies to the offence, a model for which appears in Schedule IV, is intended to be remitted at the time of the offence or following it, in cases where the prosecutor requests the minimum sentence only.

A statement of offence converted into hard copy within the meaning of Division V of Chapter I of this Regulation must include an attestation of hard copy conversion. A model for the front and back of the type of statement of offence provided for in subparagraph 3 of the first paragraph bearing an attestation of hard copy conversion is set out in Schedule V.

O.C. 1211-97, s. 23; O.C. 633-2006, s. 1.