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

Section 34 Disposition versions

2021-04-29

34. The front of the pages or the data on the corresponding page screens in the 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 shall contain the headings, key words, 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;

(b)  (subparagraph revoked);

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

(d)  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

(e)  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, the defendant’s name and address or, if the offence is a parking violation, an indication that the vehicle owner is identified as the defendant, and the following optional particulars:

(a)  his place of residence and whether he is a non-resident or a transport services intermediary;

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

(c)  his birthdate; and

(d)  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, territory or state of origin of the document or file;

(3)  in the section concerning the vehicle, the registration number or, where applicable, the temporary registration number, and the following optional particulars:

(a)  the year of expiry of the registration or the expiry date of the right to travel and the province or state that issued the registration; and

(b)  the make, model and year of the vehicle, its declared number of axles and its declared net weight;

(4)  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, if relevant, the time at which it was committed;

(d)  specification of the recorded speed, recorded weight and authorized weight of the vehicle at the size recorded and at the allowed size, speed zone, the means of interception and, where applicable, mention of the fact that the offence is alleged to have been committed during a thaw period; and

(e)  for information purposes, the demerit points corresponding to the alleged offence;

(5)  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)  specification of the vehicle’s position in relation to that place;

(6)  in the section concerning the driver, his name, if he is not the defendant identified in the section referred to in paragraph 2, and the following optional particulars:

(a)  his birthdate;

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

(c)  the name of the operator employing the driver;

(d)  mention of whether the driver is the vehicle operator;

(e)  the reference to the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3) for the identification of the penalty that must be considered for the application of that Act;

(7)  in the section concerning the sentence:

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

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

(c)  other requests allowed by law;

(8)  in the section concerning the attestation of the facts and the service of the statement of offence, or in separate sections relating to the attestation and service:

(a)  an attestation of the facts by the peace officer or, as the case may be, the person entrusted with the enforcement of the Act who witnessed the offence or issued the statement of offence;

(b)  if applicable, an attestation by the peace officer who issued the statement of offence that the facts constituting the offence were witnessed in part by that peace officer and in part by another peace officer;

(c)  the name and capacity of the person attesting to the facts and badge number if the person is a police officer;

(d)  an attestation that the statement of offence was served at the time of the offence or subsequent to the commission of the offence, or mention of the fact that the duplicate of the statement of offence was not delivered;

(e)  the manner in which service was made;

(f)  the name and capacity of the person who served the statement of offence or mention of the fact that the person who attested to the facts also served the statement of offence;

(g)  the date and time of service or a reference to the document showing 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 in electronic form or their electronic signature validation codes; if the same person attests to the facts and serves the statement of offence, an indication to that effect and the person’s signature for the attestation of the facts and the service or, as the case may be, the person’s signature in electronic form or the person’s electronic signature validation code;

(8.1)  in a section concerning warnings to the defendant, immediately after the section referred to in paragraph 8, the following boxed text in bold capital letters, in 9-point print or larger:

IMPORTANT

PLEASE READ WARNING NO. 1 ON THE BACK. HOWEVER, IF YOU ARE UNDER 18 YEARS OF AGE OR IF THIS BOX IS CHECKED ⃞ PLEASE READ WARNING NO. 2 ON THE BACK.

That section is used by the issuer of the statement of offence to notify the defendant of the default proceedings that apply;

(9)  (paragraph revoked);

(10)  the computer particulars prescribed in paragraphs 6 and 7 of section 25.

O.C. 1211-97, s. 34; O.C. 140-2000, s. 2; O.C. 973-2003, s. 8; O.C. 633-2006, s. 5; O.C. 520-2021, s. 7.

2012-09-01

34. The front of the pages or the data on the corresponding page screens in the 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 shall contain the headings, key words, 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;

(b)  (subparagraph revoked);

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

(d)  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

(e)  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, the defendant’s name and address or, if the offence is a parking violation, an indication that the vehicle owner is identified as the defendant, and the following optional particulars:

(a)  his place of residence and whether he is a non-resident or a transport services intermediary;

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

(c)  his birthdate; and

(d)  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, territory or state of origin of the document or file;

(3)  in the section concerning the vehicle, the registration number or, where applicable, the temporary registration number, and the following optional particulars:

(a)  the year of expiry of the registration or the expiry date of the right to travel and the province or state that issued the registration; and

(b)  the make, model and year of the vehicle, its declared number of axles and its declared net weight;

(4)  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, if relevant, the time at which it was committed;

(d)  specification of the recorded speed, recorded weight and authorized weight of the vehicle at the size recorded and at the allowed size, speed zone, the means of interception and, where applicable, mention of the fact that the offence is alleged to have been committed during a thaw period; and

(e)  for information purposes, the demerit points corresponding to the alleged offence;

(5)  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)  specification of the vehicle’s position in relation to that place;

(6)  in the section concerning the driver, his name, if he is not the defendant identified in the section referred to in paragraph 2, and the following optional particulars:

(a)  his birthdate;

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

(c)  the name of the operator employing the driver;

(d)  mention of whether the driver is the vehicle operator;

(e)  the reference to the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3) for the identification of the penalty that must be considered for the application of that Act;

(7)  in the section concerning the sentence:

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

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

(c)  other requests allowed by law;

(8)  in the section concerning the attestation of the facts and the service of the statement of offence, or in separate sections relating to the attestation and service:

(a)  an attestation of the facts by the peace officer or, as the case may be, the person entrusted with the enforcement of the Act who witnessed the offence or issued the statement of offence;

(b)  if applicable, an attestation by the peace officer who issued the statement of offence that the facts constituting the offence were witnessed in part by that peace officer and in part by another peace officer;

(c)  the name and capacity of the person attesting to the facts and badge number if the person is a police officer;

(d)  an attestation that the statement of offence was served at the time of the offence or subsequent to the commission of the offence, or mention of the fact that the duplicate of the statement of offence was not delivered;

(e)  the manner in which service was made;

(f)  the name and capacity of the person who served the statement of offence or mention of the fact that the person who attested to the facts also served the statement of offence;

(g)  the date and time of service or a reference to the document showing 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 in electronic form or their electronic signature validation codes; if the same person attests to the facts and serves the statement of offence, an indication to that effect and the person’s signature for the attestation of the facts and the service or, as the case may be, the person’s signature in electronic form or the person’s electronic signature validation code;

(8.1)  in a section concerning warnings to the defendant, immediately after the section referred to in paragraph 8, the following boxed text in bold capital letters, in 9-point print or larger:

 _____________________________________
|                                     |
|              IMPORTANT              |
|_____________________________________|
|                                     |
| PLEASE READ WARNING NO. 1 ON THE    |
| BACK. HOWEVER, IF YOU ARE UNDER 18  |
| YEARS OF AGE OR IF THIS BOX IS      |
| CHECKED □ PLEASE READ WARNING NO. 2 |
| ON THE BACK.                        |
|_____________________________________|

That section is used by the issuer of the statement of offence to notify the defendant of the default proceedings that apply;

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

(10)  the computer particulars prescribed in paragraphs 6 and 7 of section 25.

O.C. 1211-97, s. 34; O.C. 140-2000, s. 2; O.C. 973-2003, s. 8; O.C. 633-2006, s. 5.