C-27.1 - Municipal Code of Québec

Section 455 Disposition versions

1992-06-23

455. Except where the applicable penalty is provided for by law, the council may, by by-law,

(1)  prescribe that an offence under any regulatory provision coming under its jurisdiction shall be sanctioned by a fine;

(2)  prescribe either a fine of a fixed amount, or the minimum and maximum fines or a minimum fine of $1 and a maximum fine.

The fixed amount or maximum amount prescribed cannot exceed, for a first offence, $1,000 if the offender is a natural person, or $2,000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum amount prescribed cannot exceed $2,000 if the offender is a natural person, or $4,000 if the offender is a legal person.

M.C. 1916, a. 371; 1927, c. 74, s. 8; 1939, c. 98, s. 2; 1947, c. 77, s. 13; 1954-55, c. 50, s. 11; 1975, c. 82, s. 19; 1979, c. 36, s. 17; 1990, c. 4, s. 247; 1992, c. 27, s. 34.

1990-10-01

455. The corporation may prescribe, in each by-law within its powers, either a penalty of a fixed amount, or a minimum and maximum penalty, or a maximum penalty only; the amount of the fine shall not exceed $300, except where otherwise provided.

M.C. 1916, a. 371; 1927, c. 74, s. 8; 1939, c. 98, s. 2; 1947, c. 77, s. 13; 1954-55, c. 50, s. 11; 1975, c. 82, s. 19; 1979, c. 36, s. 17; 1990, c. 4, s. 247.

0001-01-01

455. Every corporation may impose by any by-law within its powers, for each and every infraction thereof, either a fine, with or without costs, or imprisonment; and if a fine, with or without costs, it may provide for imprisonment in default of payment of such fine within 15 days after the rendering of the judgment, with or without costs, as the case may be; but, except where otherwise provided, such fine shall not exceed $300, nor such imprisonment be for more than one month; and where such imprisonment is ordered in default of payment of the fine or of the fine and costs, it shall cease on payment of the fine or of the fine and costs.

If the infraction of a by-law is continued, such continuance shall, from day to day, constitute a new offence, save in the case of good faith.

The costs above mentioned shall include in all cases the costs connected with the execution of the judgment.

No penalty provided for the violation of any by-law can be imposed by the court, unless it is fully described and set forth in the by-law in question.

Nevertheless, whenever, instead of a fixed penalty, a by-law provides either a maximum and minimum penalty or a maximum penalty only, the court may, at its discretion, impose, in the first instance, such penalty as it may see fit within the limits of such maximum and such minimum, and, in the second instance, such penalty as it may see fit up to the extent of such maximum.

M.C. 1916, a. 371; 1927, c. 74, s. 8; 1939, c. 98, s. 2; 1947, c. 77, s. 13; 1954-55, c. 50, s. 11; 1975, c. 82, s. 19; 1979, c. 36, s. 17.