S-2.01 - Act respecting monetary administrative penalties in municipal matters

Section 2 Disposition versions

2023-12-07

2. The government regulation must

(1)  determine the municipal body authorized to establish a system of monetary administrative penalties;

(2)  determine the categories of failures to comply or the failures that may be the subject of a system of monetary administrative penalties;

(3)  set the amount of the monetary administrative penalties;

(4)  set the prescription period of the monetary administrative penalties and the reasons for interrupting prescription;

(5)  prohibit, regarding the same failure to comply, the accumulation of monetary administrative penalties or that of a monetary administrative penalty and penal proceedings;

(6)  impose any measure to ensure that any person concerned by the imposition of a monetary administrative penalty may apply to have it reviewed and, if applicable, contest the review decision within a framework that is consistent with the principles of fundamental justice and in accordance with a procedure conducted so as to ensure a fair debate, in keeping with the duty to act impartially and with the right to be heard; and

(7)  set the costs that the person responsible for hearing a contestation may impose when confirming the review decision.

The government regulation may prescribe all the other terms and conditions, including all the rules of procedure and the rules relating to the recovery of the amounts owing, that the system of monetary administrative penalties of a municipal body must comply with or authorize the municipal body to prescribe those terms and conditions.

The standards prescribed by the government regulation may vary on the basis of any distinction considered useful.

2023, c. 31, s. 68.