C-24.2, r. 9 - Regulation respecting the conditions and procedures for the use of detection systems

Updated to 1 October 2024

This document has official status.

chapter C-24.2, r. 9

Regulation respecting the conditions and procedures for the use of detection systems

Highway Safety Code

(chapter C-24.2, s. 519.82).

M.O. 2009-06; S.Q. 2018, c. 7, s. 213; S.Q. 2024, c. 10, s. 90; S.Q. 2024, c. 10, s. 98.

1. A detection system approved by the Minister of Transport and the Minister of Public Security pursuant to sections 332 and 359.3 of the Highway Safety Code (chapter C-24.2) is the subject of

(1)  a validation

(a)  in the 6 months preceding the date of its use;

(b)  by a peace officer who has received appropriate training;

(c)  allowing to ensure

i.  using an external device or system, that the accuracy of the speed it records complies with the manufacturer’s specifications for the device or system;

ii.  that the information referred to in the third paragraph of section 332 or the third paragraph of section 359.3 of the Highway Safety Code, as the case may be, other than speed, and that appears on the images obtained by the device or system is accurate;

(2)  (paragraph revoked);

(3)  testing

(a)  in the 36 hours preceding its use and in the 36 hours following its use;

(b)  the result of which, read by a peace officer who has received appropriate training, shows that it is in good working order at the place where it is used;

(4)  (paragraph revoked).

M.O. 2009-06, s. 1; M.O. 2015-09, s. 1; S.Q. 2018, c. 7, s. 189; M.O. 2018-14, s. 1; S.Q. 2022, c. 13, s. 96.

2. Each approved detection system used in accordance with section 1 must be registered in a register kept by the Sûreté du Québec, which must contain the following information in respect of each device or system:

(1)  the make, the manufacturer’s name, as well as the model, where applicable;

(2)  the identification number;

(3)  the date of each validation referred to in paragraph 1 of section 1, the result obtained and the name of the peace officer who carried out the validation;

(4)  (subparagraph revoked);

(5)  the date and time of each test referred to in paragraph 3 of section 1, the result obtained and the name of the peace officer who read the result;

(6)  the date and result of the inspections made to ensure the good working order of the device or system, as well as the date and a description of any repairs made;

(7)  the identity of the author of each entry in the register.

The documents related to the validation, testing, inspections and repair of the device or system are entered in a register kept by the Sûreté du Québec.

Only peace officers may make entries in a register that must be kept under this section.

M.O. 2009-06, s. 2; M.O. 2015-09, s. 2; M.O. 2018-14, s. 2.

3. (Revoked).

M.O. 2009-06, s. 3; M.O. 2015-09, s. 3.

4. (Omitted).

M.O. 2009-06, s. 4.

TRANSITIONAL

2015

(M.O. 2015-09) ARTICLE 4. Despite paragraph 1 of section 1 of the Regulation as amended by paragraph 1 of section 1 of this Regulation, a photo radar device or a red light camera system for which a compliance report has been issued or renewed by the Institut national d’optique or the Centre de recherche industrielle du Québec before 13 August 2015 may be used if the compliance report has been issued or renewed during the year that precedes the use of the device or system.

REFERENCES

M.O. 2009-06, 2009 G.O. 2, 1557

M.O. 2015-09, 2015 G.O. 2, 1575

S.Q. 2018, c. 7, ss. 189 and 213

M.O. 2018-14, 2018 G.O. 2, 3349

S.Q. 2022, c. 13, s. 96

S.Q. 2024, c. 10, s. 90

S.Q. 2024, c. 10, s. 98