C-25.1 - Code of Penal Procedure

Section 367 Disposition versions

2016-01-01

367. The Government may, by regulation,

(1)  prescribe the form of statements of offence and offence reports, which may vary according to the offence;

(1.1)  (paragraph repealed);

(2)  fix the court fees payable under this Code;

(3)  fix the costs that may be awarded against a party in first instance or in appeal;

(4)  fix the fee exigible for the issue of a copy of a thing seized or document;

(5)  determine the obligations of a person who receives security while awaiting its disposition pursuant to this Code;

(6)  fix, for the purposes of the security contemplated in article 76, the amount of costs added to the amount of the minimum fine;

(7)  fix the allowances payable to witnesses;

(8)  fix the amount of costs that may be awarded against a defaulting witness;

(9)  fix the amount of costs that may be imposed upon dismissal of an application for rectification of judgment or reduction of costs or upon the granting or dismissal of an application for revocation of a judgment addressed by the defendant;

(10)  fix the costs for an application for judicial review or habeas corpus proceedings;

(11)  fix the costs of execution of the judgment that may be awarded against a party;

(12)  determine the conditions on which part of the costs recovered may be remitted to the prosecutor under article 345.2;

(13)  determine the tariff of fees of any person entrusted with the administration of this Code in respect of judicial proceedings;

(14)  determine the costs and fees payable under paragraphs 2, 3, 4, 8 to 11 and 13 which apply to a person under 18 years of age, the amounts payable by such a person and the costs and fees from which he is exempted.

1987, c. 96, a. 367; 1992, c. 61, s. 19; 1995, c. 51, s. 46; 2001, c. 32, s. 98; 2003, c. 5, s. 25; 2014, c. 1, s. 779.

2004-05-16

367. The Government may, by regulation,

(1)  prescribe the form of statements of offence and offence reports, which may vary according to the offence;

(1.1)  (paragraph repealed);

(2)  fix the court fees payable under this Code;

(3)  fix the costs that may be awarded against a party in first instance or in appeal;

(4)  fix the fee exigible for the issue of a copy of a thing seized or document;

(5)  determine the obligations of a person who receives security while awaiting its disposition pursuant to this Code;

(6)  fix, for the purposes of the security contemplated in article 76, the amount of costs added to the amount of the minimum fine;

(7)  fix the allowances payable to witnesses;

(8)  fix the amount of costs that may be awarded against a defaulting witness;

(9)  fix the amount of costs that may be imposed upon dismissal of an application for rectification of judgment or reduction of costs or upon the granting or dismissal of an application for revocation of a judgment addressed by the defendant;

(10)  fix the costs for an application for an extraordinary remedy or habeas corpus proceedings;

(11)  fix the costs of execution of the judgment that may be awarded against a party;

(12)  determine the conditions on which part of the costs recovered may be remitted to the prosecutor under article 345.2;

(13)  determine the tariff of fees of any person entrusted with the administration of this Code in respect of judicial proceedings;

(14)  determine the costs and fees payable under paragraphs 2, 3, 4, 8 to 11 and 13 which apply to a person under 18 years of age, the amounts payable by such a person and the costs and fees from which he is exempted.

1987, c. 96, a. 367; 1992, c. 61, s. 19; 1995, c. 51, s. 46; 2001, c. 32, s. 98; 2003, c. 5, s. 25.

2001-11-01

367. The Government may, by regulation,

(1)  prescribe the form of statements of offence and offence reports, which may vary according to the offence;

(1.1)  (paragraph repealed);

(2)  fix the court fees payable under this Code;

(3)  fix the costs that may be awarded against a party in first instance or in appeal;

(4)  fix the fee exigible for the issue of a copy of a thing seized or document;

(5)  determine the obligations of a person who receives security while awaiting its disposition pursuant to this Code;

(6)  fix, for the purposes of the security contemplated in section 76, the amount of costs added to the amount of the minimum fine;

(7)  fix the allowances payable to witnesses;

(8)  fix the amount of costs that may be awarded against a defaulting witness;

(9)  fix the amount of costs that may be imposed upon dismissal of an application for rectification of judgment or reduction of costs or upon the granting or dismissal of an application for revocation of a judgment addressed by the defendant;

(10)  fix the costs for an application for an extraordinary remedy or habeas corpus proceedings;

(11)  fix the costs of execution of the judgment that may be awarded against a party;

(12)  determine the conditions on which part of the costs recovered may be remitted to the prosecutor under article 366;

(13)  determine the tariff of fees of any person entrusted with the administration of this Code in respect of judicial proceedings;

(14)  determine the costs and fees payable under paragraphs 2, 3, 4, 8 to 11 and 13 which apply to a person under 18 years of age, the amounts payable by such a person and the costs and fees from which he is exempted.

1987, c. 96, a. 367; 1992, c. 61, s. 19; 1995, c. 51, s. 46; 2001, c. 32, s. 98.

1995-12-07

367. The Government may, by regulation,

(1)  prescribe the form, including the electronically-generated form, of statements of offence and offence reports, which may vary according to the offence;

(1.1)  in order to ensure the integrity and reliability of proceedings that are drawn up electronically, digitized or converted into hard copy by the prosecutor, a government department or body or the office of the court, establish security standards for electronic data and documentation in penal matters; such standards may vary according to the proceeding, the nature of the information contained in the proceeding and according to whether the proceeding is drawn up electronically or digitized; such standards may, in particular, pertain to

(a)  the origin or source of the proceeding;

(b)  authenticity of signatures and how signatures may be affixed to a proceeding;

(c)  access to and consultation of a proceeding;

(d)  conversion of a proceeding into hard copy;

(e)  digitization of a proceeding drawn up in paper form and subsequent conversion of the proceeding into hard copy;

(f)  electronic transmission, transfer, use, storage and archiving of a proceeding;

(g)  electronic certification of a proceeding;

(h)  electronic duplication of a proceeding;

(i)  compatibility of electronic systems;

(2)  fix the court fees payable under this Code;

(3)  fix the costs that may be awarded against a party in first instance or in appeal;

(4)  fix the fee exigible for the issue of a copy of a thing seized or document;

(5)  determine the obligations of a person who receives security while awaiting its disposition pursuant to this Code;

(6)  fix, for the purposes of the security contemplated in section 76, the amount of costs added to the amount of the minimum fine;

(7)  fix the allowances payable to witnesses;

(8)  fix the amount of costs that may be awarded against a defaulting witness;

(9)  fix the amount of costs that may be imposed upon dismissal of an application for rectification of judgment or reduction of costs or upon the granting or dismissal of an application for revocation of a judgment addressed by the defendant;

(10)  fix the costs for an application for an extraordinary remedy or habeas corpus proceedings;

(11)  fix the costs of execution of the judgment that may be awarded against a party;

(12)  determine the conditions on which part of the costs recovered may be remitted to the prosecutor under article 366;

(13)  determine the tariff of fees of any person entrusted with the administration of this Code in respect of judicial proceedings;

(14)  determine the costs and fees payable under paragraphs 2, 3, 4, 8 to 11 and 13 which apply to a person under 18 years of age, the amounts payable by such a person and the costs and fees from which he is exempted.

1987, c. 96, a. 367; 1992, c. 61, s. 19; 1995, c. 51, s. 46.

1993-11-01

367. The Government may, by regulation,

(1)  prescribe the form of statements of offence and offence reports;

(2)  fix the court fees payable under this Code;

(3)  fix the costs that may be awarded against a party in first instance or in appeal;

(4)  fix the fee exigible for the issue of a copy of a thing seized or document;

(5)  determine the obligations of a person who receives security while awaiting its disposition pursuant to this Code;

(6)  fix, for the purposes of the security contemplated in section 76, the amount of costs added to the amount of the minimum fine and determine how it may be paid;

(7)  fix the allowances payable to witnesses;

(8)  fix the amount of costs that may be awarded against a defaulting witness;

(9)  fix the amount of costs that may be imposed upon dismissal of an application for rectification of judgment or reduction of costs or upon the granting or dismissal of an application for revocation of a judgment addressed by the defendant;

(10)  fix the costs for an application for an extraordinary remedy or habeas corpus proceedings;

(11)  fix the costs of execution of the judgment that may be awarded against a party;

(12)  determine the conditions on which part of the costs recovered may be remitted to the prosecutor under article 366;

(13)  determine the tariff of fees of any person entrusted with the administration of this Code in respect of judicial proceedings;

(14)  determine the costs and fees payable under paragraphs 2, 3, 4, 8 to 11 and 13 which apply to a person under 18 years of age, the amounts payable by such a person and the costs and fees from which he is exempted.

1987, c. 96, a. 367; 1992, c. 61, s. 19.

1990-10-01

367. The Government may, by regulation,

(1)  prescribe the form of statements of offence and offence reports;

(2)  fix the court fees payable under this Code;

(3)  fix the costs that may be awarded against a party in first instance or in appeal;

(4)  fix the fee exigible for the issue of a copy of a thing seized or document;

(5)  determine the obligations of a person who receives security while awaiting its disposition pursuant to this Code;

(6)  fix, for the purposes of the security contemplated in section 76, the amount of costs added to the amount of the minimum fine and determine how it may be paid;

(7)  fix the allowances payable to witnesses;

(8)  fix the amount of costs that may be awarded against a defaulting witness;

(9)  fix the amount of costs that may be imposed upon dismissal of an application for rectification of judgment or reduction of costs or upon the granting or dismissal of an application for revocation of a judgment addressed by the defendant;

(10)  fix the costs for an application for an extraordinary remedy or habeas corpus proceedings;

(11)  fix the costs of execution of the judgment that may be awarded against a party;

(12)  determine the conditions on which part of the costs recovered may be remitted to the prosecutor under article 366;

(13)  determine the tariff of fees of any person entrusted with the administration of this Code in respect of judicial proceedings.

1987, c. 96, a. 367.