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C-24 - Highway Code

Section 94
Disposition versions

Full text
94. (Repealed).
R. S. 1964, c. 231, s. 69; 1972, c. 55, s. 173; 1973, c. 40, s. 3; 1977, c. 5, s. 14; 1986, c. 91, s. 674.
94. (1)  The owner of a motor vehicle is responsible for any violation, committed with such vehicle, of the provisions of this act or of any regulation made thereunder by the Government or the Commission des transports or of any by-law contemplated by section 101 or section 102 and enacted by a municipal council, the whole unless he proves that at the time of the violation the vehicle was, without his consent, in the possession of a third person other than his chauffeur.
(2)  Except in the case referred to in subsection 3, if it is not proved that the owner of the vehicle was also driving it, that owner shall not, however, be responsible for a violation of any of sections 39, 45, 46, 48 subsection 1, 49, 52 subsection 1 or 2, 56, 65, 83, 84, 85, 87 paragraph d, or 113. In the case of a contravention of a municipal by-law, in matters contemplated in such sections, the same rule of proof applies notwithstanding any contrary provision of a municipal by-law.
(3)  If the employer of a person, driving a motor vehicle for hire, pay or gain, is present in the motor vehicle at the time of the commission of any offence against this act or any regulation made thereunder, such employer, as well as the operator or chauffeur, shall be liable to conviction for such offence, and it shall be in the discretion of the court to impose the penalty either upon the one or the other or upon both, according to the circumstances of the case; but if the vehicle is being driven by the chauffeur, and not by the owner, at the time of the offence, then,—whether the owner be present in the vehicle or not at the time,—both the chauffeur and the owner shall be personally liable to conviction for the offence, and it shall be in the discretion of the court to impose the penalty either upon the one or the other or upon both, according to the circumstances of the case.
R. S. 1964, c. 231, s. 69; 1972, c. 55, s. 173; 1973, c. 40, s. 3; 1977, c. 5, s. 14.
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