592.1. In the case of an offence evidenced by a photograph taken by a photo radar device or a red light camera system, the owner of the road vehicle may be convicted of the offence, despite the second paragraph of section 592, unless the owner proves that the vehicle was in the possession of a third party without the owner’s consent at the time of the offence.
The statement of offence and the photograph indicating the place, date and time the photograph was taken and, as applicable, the traffic light involved or the speed recorded, must be sent to the owner within 30 days after the date of the offence at the most recent address entered in the records of the Société or in records held outside Québec by an administrative authority responsible for registering the vehicle. The photograph must show the road vehicle and its registration plate and, if applicable, the traffic light involved, without making it possible to identify the occupants of the vehicle.
If the owner was not driving the vehicle at the time the offence was recorded, the driver and the owner may, within 10 days after service of the statement of offence, send the prosecutor a declaration identifying the driver on the form prescribed by the Minister of Justice signed by both the driver and the owner. The prosecutor may serve a new statement of offence on the driver.
Even if the driver refuses to sign the declaration, the owner may send it to the prosecutor and so notify the driver. The prosecutor may serve a new statement of offence on the driver.