C-24 - Highway Code

Section 96 Disposition versions

1987-12-01

96. (Repealed).

R. S. 1964, c. 231, s. 71; 1970, c. 53, s. 3; 1977, c. 5, s. 14; 1977, c. 18, s. 3; 1980, c. 38, s. 17; 1986, c. 91, s. 674.

1980-12-24

96. (1)  The penalties provided for by this act shall be imposed upon summary prosecution under the Summary Convictions Act (chapter P-15).

Part II of the said act shall apply to such prosecutions.

(2)  The Government may determine the tariff of the fees which may be granted to clerks, bailiffs, constables, advocates, witnesses and any other person entrusted with the application of this act, with respect to proceedings instituted under this act.

(3)  All legal proceedings instituted to recover any fee for a licence or permit or registration due the Crown, shall be taken in the name of the Régie.

(4)  Legal proceedings instituted for the violation of any of the provisions of this act or of a regulation made thereunder shall be taken on the authorization of the Attorney General, or by the person designated by him in writing by general or special power of attorney and, as to municipal corporations, in the name of the corporation of the local municipality in which the offence was committed.

The person designated by the Attorney General may sign any document regarding any proceedings brought under this act or the regulations hereunder and certify true a copy or abstract of such a document.

The designated person may cause his signature to be affixed by a member of his staff by means of an automatic device or in the form of an engraved, lithographed or printed facsimile.

(5)  In many proceedings taken under this act,

(a)  it shall not be necessary to produce the original of any book, register, regulation or document in the possession of a department, but a duly certified copy or extract shall make proof of the contents of the original and the certificate affixed to such copy or extract shall be primafacie evidence of the signature and authority of the officer of the Department or of the Régie that gave it;

(b)  several offences committed by the same person may be prosecuted on the same complaint, provided the latter indicates precisely the time and place, when and where each offence was committed.

(6)  In any suit, during which an officer of the Department or of the Régie is summoned as a witness to give information in connection with the carrying out of this act, such officer may, instead of appearing as a witness, give such information by a report to the court, made under his signature and transmitted to the party who has summoned him. If such summons in addition calls for the production of the original of any book, document, order or regulation, kept in the possession of the Department or of the Régie, such officer may, instead of appearing as a witness and instead of producing such original, transmit to the party who has summoned him a duly certified copy or extract, which shall be proof of the contents of the original and the certificate affixed thereto shall be primafacie evidence of the signature and authority of the officer of the Department or of the Régie who gave the same.

(7)  In any proceedings for an infringement of this act or of a regulation made hereunder, the judge or magistrate may accept, in lieu of the testimony of a member of the Sûreté du Québec, a constable mentioned in paragraph g of section 17 of the Autoroutes Act (chapter A-34), a municipal policeman or a special constable within the meaning of the Police Act (chapter P-13) who ascertained the offence, a report made over the signature of such a person and according to a form approved by the Government. However, an accused may require the attendance of such a person at the hearing but the judge or magistrate, if he finds the accused guilty, may condemn him to pay additional costs, the amount of which he shall fix, if he is of opinion that the mere filing of the report would have been sufficient.

(8)  In the case of proceedings taken by the corporation of the local municipality in which the offence was committed, the clerk or secretary-treasurer of such municipality must, within fifteen days after the date of the judgment, make a report to the Attorney General of any conviction obtained by such corporation, and must remit to him the full amount of the fines imposed, under penalty of a fine of $20.

Nevertheless, in the case of a prosecution for an infringement to section 56, the fine imposed shall belong entirely to the municipal corporation and, in such case, the clerk or secretary-treasurer shall not be bound to make the report provided for by this subsection.

(9)  Notwithstanding the provisions of subsection 1, when a prosecution is taken, for infringement to section 56, by a municipal corporation whose territory is subject to the jurisdiction of a municipal court, such prosecution may be instituted before such court and shall then be subject to the rules of procedure governing other prosecutions before such court.

The costs, however, shall not include any advocate’s fee.

R. S. 1964, c. 231, s. 71; 1970, c. 53, s. 3; 1977, c. 5, s. 14; 1977, c. 18, s. 3; 1980, c. 38, s. 17.

1977-12-31

96. (1)  The penalties provided for by this act shall be imposed upon summary prosecution under the Summary Convictions Act (chapter P-15).

Part II of the said act shall apply to such prosecutions.

(2)  The Government may determine the tariff of the fees which may be granted to clerks, bailiffs, constables, advocates, witnesses and any other person entrusted with the application of this act, with respect to proceedings instituted under this act.

(3)  All legal proceedings instituted to recover any fee for a licence or permit or registration due the Crown, shall be taken in the name of the Minister.

(4)  Legal proceedings instituted for the violation of any of the provisions of this act or of a regulation made thereunder shall be taken on the authorization of the Attorney-General, or by the person designated by him in writing by general or special power of attorney and, as to municipal corporations, in the name of the corporation of the local municipality in which the offence was committed.

The person designated by the Attorney-General may sign any document regarding any proceedings brought under this act or the regulations hereunder and certify true a copy or abstract of such a document.

The designated person may cause his signature to be affixed by a member of his staff by means of an automatic device or in the form of an engraved, lithographed or printed facsimile.

(5)  In many proceedings taken under this act,

(a)  it shall not be necessary to produce the original of any book, register, regulation or document in the possession of a department, but a duly certified copy or extract shall make proof of the contents of the original and the certificate affixed to such copy or extract shall be primafacie evidence of the signature and authority of the officer of the Department that gave it;

(b)  several offences committed by the same person may be prosecuted on the same complaint, provided the latter indicates precisely the time and place, when and where each offence was committed.

(6)  In any suit, during which an officer of the Department is summoned as a witness to give information in connection with the carrying out of this act, such officer may, instead of appearing as a witness, give such information by a report to the court, made under his signature and transmitted to the party who has summoned him. If such summons in addition calls for the production of the original of any book, document, order or regulation, kept in the possession of the Department, such officer may, instead of appearing as a witness and instead of producing such original, transmit to the party who has summoned him a duly certified copy or extract, which shall be proof of the contents of the original and the certificate affixed thereto shall be primafacie evidence of the signature and authority of the officer of the Department who gave the same.

(7)  In any proceedings for an infringement of this act or of a regulation made hereunder, the judge or magistrate may accept, in lieu of the testimony of a member of the Sûreté du Québec, a constable mentioned in paragraph g of section 17 of the Autoroutes Act (chapter A-34), a municipal policeman or a special constable within the meaning of the Police Act (chapter P-13) who ascertained the offence, a report made over the signature of such a person and according to a form approved by the Government. However, an accused may require the attendance of such a person at the hearing but the judge or magistrate, if he finds the accused guilty, may condemn him to pay additional costs, the amount of which he shall fix, if he is of opinion that the mere filing of the report would have been sufficient.

(8)  In the case of proceedings taken by the corporation of the local municipality in which the offence was committed, the clerk or secretary-treasurer of such municipality must, within fifteen days after the date of the judgment, make a report to the Attorney-General of any conviction obtained by such corporation, and must remit to him the full amount of the fines imposed, under penalty of a fine of twenty dollars.

Nevertheless, in the case of a prosecution for an infringement to section 56, the fine imposed shall belong entirely to the municipal corporation and, in such case, the clerk or secretary-treasurer shall not be bound to make the report provided for by this subsection.

(9)  Notwithstanding the provisions of subsection 1, when a prosecution is taken, for infringement to section 56, by a municipal corporation whose territory is subject to the jurisdiction of a municipal court, such prosecution may be instituted before such court and shall then be subject to the rules of procedure governing other prosecutions before such court.

The costs, however, shall not include any advocate’s fee.

R. S. 1964, c. 231, s. 71; 1970, c. 53, s. 3; 1977, c. 5, s. 14; 1977, c. 18, s. 3.