C-25.1 - Code of Penal Procedure

Section 364 Disposition versions

2004-05-16

364. Where a defendant has not paid the sum due at the expiration of the time provided for in article 322 or agreed under article 327 or 328, or where, at the expiration of such time, although the defendant had agreed to do compensatory work, the defendant has failed to honour the agreement, the collector shall notify the Société de l’assurance automobile du Québec of that fact so that the Société may, in accordance with the Highway Safety Code (chapter C‐24.2),

(1)  suspend the defendant’s learner’s licence, probationary licence or driver’s licence or, if the defendant is not a licence holder, suspend the defendant’s right to obtain any such licence;

(2)  prohibit any road vehicle registered in the defendant’s name from being put into operation or put back into operation;

(3)  prohibit any road vehicle registered in the defendant’s name from being discarded;

(4)  refuse to register any road vehicle in the defendant’s name;

(5)  refuse, on the transfer of the right of ownership of a road vehicle registered in the defendant’s name, to effect a new registration in the name of the transferee or his or her successors.

The fact that the collector gives the notice does not prevent the collector from using other recovery measures provided for in this chapter.

1987, c. 96, a. 364; 1990, c. 19, s. 11; 1995, c. 51, s. 45; 2003, c. 5, s. 21.

1999-04-01

364. Where a defendant has not paid the sum due at the expiration of the time indicated under article 322 or agreed under article 327 or 328, or where, at the expiration of such time, although he had agreed to do compensatory work, the defendant has failed to honour his agreement, the collector shall notify the Société de l’assurance automobile du Québec of that fact so that the driver’s licence or learner’s licence of the defendant be suspended or his right to obtain such be refused by the Société.

The collector shall give a notice to the Société only in case of an offence under the Highway Safety Code (chapter C-24.2) or a traffic by-law passed by a municipality. In the case of a parking violation, a notice is required only in respect of an offence under sections 380, 381, 382, the second paragraph of section 383, sections 384, 385 and paragraphs 1 to 7 and 8 of section 386 of the Highway Safety Code or a similar offence under a municipal by-law.

The fact that the collector gives the notices does not prevent him from resorting to other measures of recovery provided in this chapter.

1987, c. 96, a. 364; 1990, c. 19, s. 11; 1995, c. 51, s. 45.

1990-10-01

364. Where a defendant has not paid the sum due at the expiration of the time indicated under article 322 or agreed under article 327 or 328, or where, at the expiration of such time, although he had agreed to do compensatory work, the defendant has failed to honour his agreement, the collector shall notify the Société de l’assurance automobile du Québec of that fact so that the driver’s licence or learner’s licence of the defendant be suspended or his right to obtain such be refused by the Société.

The collector shall give a notice to the Société only in case of an offence under the Highway Safety Code (chapter C-24.2) or a traffic by-law passed by a municipality, other than a parking infraction.

The fact that the collector gives the notices does not prevent him from resorting to other measures of recovery provided in this chapter.

1987, c. 96, a. 364; 1990, c. 19, s. 11.