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

Section 29 Disposition versions

2021-04-29

29. The front of the pages or the data on the corresponding page screens in the general statement of offence with a request for the minimum sentence shall contain the headings, key words, pre-printed or pre-programmed texts and spaces allowing the following particulars to be entered:

(1)  in the page header:

(a)  the title “Statement of Offence” and the number of the statement of offence;

(b)  the judicial district in which the proceedings are instituted;

(c)  if the statement of offence is in paper form, the court office record number; if the statement of offence is in electronic form, that number may be entered in another document electronically attached or referenced to the statement of offence; and

(d)  the prosecutor’s name and address; the prosecutor’s address may appear on the back of the statement of offence rather than on the front;

(2)  in the section concerning identification of the defendant, his or its name and address and the following optional particulars:

(a)  mention of whether the defendant is a legal or natural person and, in the latter case, whether male or female;

(b)  the defendant’s birthdate; and

(c)  the type of document or file and the items in the document or file making it possible to confirm the defendant’s identity, and the province or state of origin of the document or file;

(3)  in the section concerning the offence:

(a)  the reference to the legislative provisions creating the offence alleged to have been committed;

(b)  a description of the offence;

(c)  the date on which the offence was committed; and

(d)  the time at which the offence was committed, if relevant to the charge;

(4)  in the section concerning the place where the offence was committed:

(a)  the place where the offence is alleged to have been committed; and

(b)  the location code of that place, if relevant to the charge;

(5)  in the section concerning the sentence:

(a)  the amount of the minimum sentence, the minimum costs prescribed by law for the offence and, where applicable, the contribution; and

(b)  the total amount of the fine, the costs and, where applicable, the contribution requested by the prosecutor;

(6)  in the section concerning the attestation of the facts and service of the statement of offence:

(a)  the attestation of the facts by the person who issued the statement of offence;

(b)  the name and quality of the person attesting to the facts and, if the person is a peace officer, his number;

(c)  mention of the fact that that person did not serve the statement of offence;

(d)  mention of the fact that service is made at the time the offence was committed or following it;

(e)  how service was made;

(f)  the name and quality of the person serving the statement of offence or mention of the fact that he is the same person as the person attesting to the facts;

(g)  the date and time of service or the reference to the document indicating the date and time of service; and

(h)  the signature of the person attesting to the facts and of the person serving the statement of offence or, as the case may be, their respective signatures affixed electronically or the validation codes for their signatures so affixed; where the attestation and service are made by the same person, mention of that fact and that person’s signature for the attestation of the facts and for service or, as the case may be, his signature affixed electronically or the validation code for his signature so affixed;

(7)  (paragraph revoked);

(8)  the computer codes, marks or particulars making it possible to locate the documents electronically attached or referenced to the statement of offence; and

(9)  the computer codes, marks or particulars making it possible to ensure the security of the data contained in the statement of offence.

O.C. 1211-97, s. 29; O.C. 973-2003, s. 5; O.C. 633-2006, s. 3; O.C. 520-2021, s. 6.

2012-09-01

29. The front of the pages or the data on the corresponding page screens in the general statement of offence with a request for the minimum sentence shall contain the headings, key words, pre-printed or pre-programmed texts and spaces allowing the following particulars to be entered:

(1)  in the page header:

(a)  the title “Statement of Offence” and the number of the statement of offence;

(b)  the judicial district in which the proceedings are instituted;

(c)  if the statement of offence is in paper form, the court office record number; if the statement of offence is in electronic form, that number may be entered in another document electronically attached or referenced to the statement of offence; and

(d)  the prosecutor’s name and address; the prosecutor’s address may appear on the back of the statement of offence rather than on the front;

(2)  in the section concerning identification of the defendant, his or its name and address and the following optional particulars:

(a)  mention of whether the defendant is a legal or natural person and, in the latter case, whether male or female;

(b)  the defendant’s birthdate; and

(c)  the type of document or file and the items in the document or file making it possible to confirm the defendant’s identity, and the province or state of origin of the document or file;

(3)  in the section concerning the offence:

(a)  the reference to the legislative provisions creating the offence alleged to have been committed;

(b)  a description of the offence;

(c)  the date on which the offence was committed; and

(d)  the time at which the offence was committed, if relevant to the charge;

(4)  in the section concerning the place where the offence was committed:

(a)  the place where the offence is alleged to have been committed; and

(b)  the location code of that place, if relevant to the charge;

(5)  in the section concerning the sentence:

(a)  the amount of the minimum sentence, the minimum costs prescribed by law for the offence and, where applicable, the contribution; and

(b)  the total amount of the fine, the costs and, where applicable, the contribution requested by the prosecutor;

(6)  in the section concerning the attestation of the facts and service of the statement of offence:

(a)  the attestation of the facts by the person who issued the statement of offence;

(b)  the name and quality of the person attesting to the facts and, if the person is a peace officer, his number;

(c)  mention of the fact that that person did not serve the statement of offence;

(d)  mention of the fact that service is made at the time the offence was committed or following it;

(e)  how service was made;

(f)  the name and quality of the person serving the statement of offence or mention of the fact that he is the same person as the person attesting to the facts;

(g)  the date and time of service or the reference to the document indicating the date and time of service; and

(h)  the signature of the person attesting to the facts and of the person serving the statement of offence or, as the case may be, their respective signatures affixed electronically or the validation codes for their signatures so affixed; where the attestation and service are made by the same person, mention of that fact and that person’s signature for the attestation of the facts and for service or, as the case may be, his signature affixed electronically or the validation code for his signature so affixed;

(7)  in the section concerning the conversion of the statement of offence into hard copy, the particulars prescribed in paragraph 5 of section 25;

(8)  the computer codes, marks or particulars making it possible to locate the documents electronically attached or referenced to the statement of offence; and

(9)  the computer codes, marks or particulars making it possible to ensure the security of the data contained in the statement of offence.

O.C. 1211-97, s. 29; O.C. 973-2003, s. 5; O.C. 633-2006, s. 3.