C-24 - Highway Code

Section 99 Disposition versions

1987-12-01

99. (Repealed).

R. S. 1964, c. 231, s. 74; 1976, c. 35, s. 19; 1986, c. 91, s. 674.

1977-12-31

99. (1)  A peace officer may arrest without a warrant any driver of a vehicle who has committed an offence against this act,

(a)  if he cannot establish his identity in a satisfactory manner;

(b)  if he has no driving permit;

(c)  if his behaviour is suspicious or if he is conveying suspicious passengers or merchandise;

(d)  if the officer has serious reason to believe that the driver may evade the law.

The officer may also detain the vehicle, without a warrant, until the penal proceedings have been adjudicated upon or a competent court orders the release thereof, with or without security.

(2)  A peace officer may also arrest without a warrant any person who is assisting a learner-driver who has committed an offence against this act:

(a)  if he cannot establish his identity in a satisfactory manner;

(b)  if he has no driver’s permit;

(c)  if he has committed an offence against this act and if the officer has serious reason to believe that such person might elude justice.

(3)  A peace officer may arrest without a warrant, for an offence against this act, the driver of any foreign vehicle who is not domiciled in Québec and is implicated in a traffic accident; he may also arrest him without a warrant if he has reason to believe that he will not comply with a written undertaking and a summary notice to appear later before the competent court, or if he refuses to sign such undertaking.

(4)  A peace officer may detain without a warrant, for an offence against this act, any accused person who demands to be brought immediately before a magistrate or who refuses to sign an undertaking to appear later before the competent court.

(5)  Subject to the exceptions provided for in the foregoing subsections, if a person intercepted by a peace officer for an offence against this act does not demand to be brought immediately before a magistrate, or if no magistrate is available, and if he signs an undertaking to appear before the competent court within a delay which must be of at least seven days but not more than forty-eight hours in the case of a foreign driver mentioned in subsection 3, he shall be permitted to continue on his way after the delivery of a summary notice by the peace officer.

(6)  The summary notice shall consist of a document prepared in triplicate under the signature of the peace officer to whom notice of an offence against this act has come and who has stopped the vehicle; it shall contain:

(a)  the full name and address of the offender;

(b)  the nature, date, hour and place of the offence;

(c)  an order to the offender to appear before the court mentioned therein at the time and place indicated in the notice.

A copy of the summary notice shall be remitted to the accused, if he has previously consented to sign the form of undertaking hereinabove referred to and hereinafter described in subsection 7.

Another copy of such summary notice shall be transmitted to the office of the competent court within the ensuing forty-eight hours or as soon as possible.

Upon receiving the copy of the summary notice, the clerk of the court shall open a record with such document, which shall then constitute a duly authorized and served summons, as defined by the Summary Convictions Act (chapter P-15), and returnable on the date fixed in the notice.

If the accused has a record showing that, under the terms of this act, it is a case of an offence subsequent to the first, second or third offence, he shall be informed thereof immediately upon his appearance and before recording his plea.

(7)  The undertaking to appear shall consist of a document prepared in triplicate and attached to the summary notice, bearing the signature of the accused, whereby he promises to comply with the order to appear contained in the summary notice.

A copy of the document shall be transmitted to the office of the court at the same time as the summary notice and another copy shall be remitted to the accused.

(8)  The accused who has required and been permitted to appear immediately before a magistrate shall, unless he pleads guilty and satisfies the sentence, be released until the date fixed for the trial, on entering into a recognizance at the office of the court in an amount which shall not exceed $25.

(9)  If the accused who has signed an undertaking to appear before the court on a specified date fails without valid reason to do so, he may be condemned, on proof of his default, in addition to the penalty provided for the offence, to an additional penalty of from $10 to $25 as a fine and to confiscation of his permit for a period not exceeding three months.

(10)  Any person who, after having committed an offence against this act, bribes or attempts to bribe a peace officer with the object of inducing him so not to deal severely with him, shall be liable, in addition to the penalties provided by the Criminal Code for such offence, to confiscation of his permit for a period of from three to twelve months.

(11)  Any peace officer found guilty of bribery in connection with an offence against this act, shall be deprived of the right to exercise such duties.

(12)  No peace officer may accept or receive, in any form whatsoever, a sum of money in full or partial settlement of an offence against this act.

R. S. 1964, c. 231, s. 74; 1976, c. 35, s. 19.