P-15 - Summary Convictions Act

Section 2 Disposition versions

1988-12-12

2. (1)  This Act shall apply:

(a)  To every general or special Act or law of Québec, coming into force after 21 March 1922, which enacts a penalty or authorizes the issuing of an order for the payment of a sum of money, or for any other object, upon summary proceeding;

(b)  To any general or special Act or law of Québec and to every regulation or by-law passed thereunder, in force on 21 March 1922, in which it is enacted that any prosecution for a penalty, fine or imprisonment, incurred for contravention of any provision thereof, or the obtaining of an order for the payment of a sum of money, or for any other object, be made in a summary way or by summary conviction;

(c)  To every general or special Act or law of Québec, in force on 21 March 1922, in which there is no provision for the prosecution for penalties, fines or imprisonment for contravention of any of the provisions thereof or of those of the regulations or by-laws enacted thereunder, or for the issuing of an order for the payment of a sum of money, or for any other object;

(d)  To every general or special Act or law of Québec, in force on 21 March 1922, in which it is enacted that the procedure governing the prosecution for penalties, fines or imprisonment for contravention of any provisions thereof or of the regulations or by-laws enacted thereunder, or the obtaining of orders for the payment of a sum of money or for any other object, is that prescribed by Part XVIII of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or by any Act or law previous thereto for which the said Part XVIII has been substituted.

(2)  Nevertheless, if a statute in force on 21 March 1922, contains derogations from Part XVIII of the Criminal Code or from the Acts or laws previous thereto and for which such Part XVIII was substituted, such derogations, if they are also derogations from this Act, shall continue in force, and apply, notwithstanding the provisions of this Act.

R. S. 1964, c. 35, s. 2; 1975, c. 11, s. 1.

1977-12-31

2. (1)  This act shall apply:

(a)  To every general or special act or law of Québec, coming into force after March 21st, 1922, which enacts a penalty or authorizes the issuing of an order for the payment of a sum of money, or for any other object, upon summary proceeding;

(b)  To any general or special act or law of Québec and to every regulation or by-law passed thereunder, in force on March 21st, 1922, in which it is enacted that any prosecution for a penalty, fine or imprisonment, incurred for contravention of any provision thereof, or the obtaining of an order for the payment of a sum of money, or for any other object, be made in a summary way or by summary conviction;

(c)  To every general or special act or law of Québec, in force on March 21st, 1922, in which there is no provision for the prosecution for penalties, fines or imprisonment for contravention of any of the provisions thereof or of those of the regulations or by-laws enacted thereunder, or for the issuing of an order for the payment of a sum of money, or for any other object;

(d)  To every general or special act or law of Québec, in force on March 21st, 1922, in which it is enacted that the procedure governing the prosecution for penalties, fines or imprisonment for contravention of any provisions thereof or of the regulations or by-laws enacted thereunder, or the obtaining of orders for the payment of a sum of money or for any other object, is that prescribed by Part XV of the Criminal Code of Canada or by any act or law previous thereto for which the said Part XV has been substituted.

(2)  Nevertheless, if a statute in force on March 21st, 1922, contains derogations from Part XV of the Criminal Code or from the acts or laws previous thereto and for which such Part XV was substituted, such derogations, if they are also derogations from this act, shall continue in force, and apply, notwithstanding the provisions of this act.

R. S. 1964, c. 35, s. 2; 1975, c. 11, s. 1.