C-19 - Cities and Towns Act

Section 369 Disposition versions

1992-06-23

369. 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.

R. S. 1964, c. 193, s. 398; 1975, c. 66, s. 12; 1990, c. 4, s. 174; 1992, c. 27, s. 3.

1990-10-01

369. For each offence against a provision of a by-law, the council may prescribe, in each by-law within its powers, either a sentence of a fixed amount, or a minimum and maximum sentence, or a maximum sentence only; the amount of the fine shall not exceed $300, except where otherwise prescribed.

The provisions of the preceding paragraph shall apply to every city or town, whatever law governs it.

R. S. 1964, c. 193, s. 398; 1975, c. 66, s. 12; 1990, c. 4, s. 174.

1977-12-31

369. The council may impose, by any by-law within its powers, for every infraction of a by-law, either a fine, with or without costs, or imprisonment; and if a fine, with or without costs, may provide for imprisonment in default of immediate payment of such fine with or without costs, as the case may be, but, except where otherwise provided, such fine shall not exceed $300 nor such imprisonment last more than two months; 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 continues, such continuation shall constitute a separate offence, day by day.

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

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.

The provisions of the preceding paragraph shall apply to every city or town, whatever law governs it.

R. S. 1964, c. 193, s. 398; 1975, c. 66, s. 12.