C-24 - Highway Code

Section 98 Disposition versions

1987-12-01

98. (Repealed).

R. S. 1964, c. 231, s. 73; 1970, c. 53, s. 4; 1986, c. 91, s. 674.

1977-12-31

98. (1)  No penal prosecution shall be taken under this Act unless someone authorized to do so has previously sent by mail to the accused a notice describing the offence, specifying the minimum fine and indicating the place where such fine may be paid with an additional $2 for the costs, within the ensuing ten days.

(2)  The payment of the amount required within the delay fixed in the notice shall prevent a penal prosecution.

(3)  Such payment, however, cannot be invoked as an admission of civil liability.

(4)  After such payment, the accused shall be regarded as having been convicted of the offence. However, if such offence involves the suspension or cancellation of any permit or registration certificate, the accused, if he was not so informed in the notice, may waive the immunity from prosecution resulting from such payment and so nullify his admission of guilt.

(5)  Any person who receives a payment under this section must comply with section 117.

(6)  Failure to give the notice required by this section cannot be set up against a prosecution for an offence and it shall not be necessary to allege or prove that such notice was given. But if the accused, on appearing, pleads guilty and later proves that he was not so notified, he cannot be condemned to pay more than the amount he would have been required to pay under the notice.

(7)  This section shall not apply:

(a)  to any offence other than the first;

(b)  when the accused has been arrested or does not reside in Québec;

(c)  when a summary notice has been given under section 99.

R. S. 1964, c. 231, s. 73; 1970, c. 53, s. 4.