C-72.01 - Act respecting municipal courts

Section 84 Disposition versions

2004-05-16

84. Where a municipality institutes penal proceedings before a municipal court, the fine imposed for an offence under a provision of an Act or the charter governing the municipality in whose territory the offence has been committed, or of a by-law, resolution or order of the municipality belongs to the municipality that instituted the penal proceedings and forms part of its general fund.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C‐25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

However, a municipality may enter into an agreement with another municipality or another prosecutor referred to in paragraph 1 or 2 of article 9 of the Code of Penal Procedure with respect to the ownership of the fines and costs belonging to it under the first and second paragraphs.

Only the council of the municipality to which the fine and costs belong is entitled to remit them in whole or in part. They are remitted by resolution adopted by the affirmative vote of a majority of the council members, on an application presented to the council by the person required to pay the fine and, where such is the case, the costs. The council may, however, in its internal by-law, delegate to the executive committee of the municipality the responsibility of effecting a remittance of the fine and costs.

1989, c. 52, s. 84; 1990, c. 4, s. 980; 1992, c. 61, s. 654; 2002, c. 21, s. 29; 2003, c. 5, s. 26.

2002-07-01

84. Where a municipality institutes penal proceedings before a municipal court, the fine imposed for an offence under a provision of an Act or the charter governing the municipality in whose territory the offence has been committed, or of a by-law, resolution or order of the municipality belongs to the municipality that instituted the penal proceedings and forms part of its general fund.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

However, a municipality may enter into an agreement with another municipality or another prosecutor referred to in paragraph 1 or 2 of article 9 of the Code of Penal Procedure with respect to the ownership of the fines and costs belonging to it under the first and second paragraphs.

Only the council of the municipality to which the fine and costs belong is entitled to remit them in whole or in part. They are remitted by resolution adopted by the affirmative vote of a majority of the council members, on an application presented to the council by the person required to pay the fine and, where such is the case, the costs. The council may, however, in its internal by-law, delegate to the executive committee of the municipality the responsibility of effecting a remittance of the fine and costs.

1989, c. 52, s. 84; 1990, c. 4, s. 980; 1992, c. 61, s. 654; 2002, c. 21, s. 29.

1993-11-01

84. Where a municipality institutes penal proceedings before a municipal court, the fine imposed for an offence under a provision of an Act or the charter governing the municipality in whose territory the offence has been committed, or of a by-law, resolution or order of the municipality belongs to the municipality that instituted the penal proceedings and forms part of its general fund.

The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 366 of the Code of Penal Procedure (chapter C-25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code.

However, a municipality may enter into an agreement with another municipality or another prosecutor referred to in paragraph 1 or 2 of article 9 of the Code of Penal Procedure with respect to the ownership of the fines and costs belonging to it under the first and second paragraphs.

Only the council of the municipality to which the fine and costs belong is entitled to remit them in whole or in part. They are remitted by resolution adopted by the affirmative vote of a majority of the council members, on an application presented to the council by the person required to pay the fine and, where such is the case, the costs.

1989, c. 52, s. 84; 1990, c. 4, s. 980; 1992, c. 61, s. 654.

1991-04-01

84. The fines and costs imposed by the municipal court to sanction a violation of a provision of an Act or the charter governing the municipality in whose territory the offence was committed, or of a by-law, a resolution, or an order of the municipality, belong to the municipality and form part of its general fund, except the part of the costs remitted by the collector to another prosecutor who incurred expenses related to the proceedings.

Only the council of the municipality to which the fine and costs belong is entitled to remit them in whole or in part. They are remitted by resolution adopted by the affirmative vote of a majority of the council members, on an application presented to the council by the person required to pay the fine and, where such is the case, the costs.

1989, c. 52, s. 84; 1990, c. 4, s. 980.