p-2 - Act respecting the payment of certain fines

Updated to 1 April 1999

This document has official status.

chapter P-2

Act respecting the payment of certain fines

1990, c. 4, s. 615.

1. The Minister of Justice shall have charge of the carrying out of this Act.

R. S. 1964, c. 36, s. 1; 1965 (1st sess.), c. 16, s. 21.

1.1. The proceeds of any fine or forfeiture attributed to Québec under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or under federal penal legislation may be recovered in accordance with the provisions of Chapter XIII of the Code of Penal Procedure (chapter C-25.1).

1997, c. 4, s. 1.

2. Every person condemned to pay a fine or a fine and costs may free himself:

(a)  by paying, before the issuing of a writ of seizure or of a warrant of commitment, the sum fixed, to the clerk of the court which or of the judge who imposed it;

(b)  by paying, after the issue of a writ of seizure or of a warrant of commitment, to any peace officer or other person charged with its execution, the total amount of the fine and costs;

(c)  by paying, after commitment, to the gaoler or keeper of the house of detention in which he is imprisoned, the total amount of the fine and of the costs stated in the order for commitment.

The peace officer or person charged with the execution of the writ of seizure or warrant of commitment, who receives the amount mentioned in such writ or warrant, shall forthwith pay the same to the clerk of the court which or of the judge who issued such writ or warrant.

The gaoler or keeper of the house of detention shall forthwith pay the sum received to the clerk of the court which or of the judge who gave the order for commitment for non-payment.

R. S. 1964, c. 36, s. 2; 1969, c. 21, s. 35; 1990, c. 4, s. 616; 1997, c. 4, s. 2.

3. With the exception of the officers of justice enumerated in section 4, every person acting as clerk of a justice of the peace who receives from an offender, gaoler, peace officer or other person a fine imposed under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or a federal penal law shall transmit the same without delay to the Minister of Justice, by cheque or money-order payable to the order of the Minister of Finance who is authorized to pay it to those indicated by law as being entitled thereto.

R. S. 1964, c. 36, s. 3; 1965 (1st sess.), c. 16, s. 21; 1990, c. 4, s. 617; 1992, c. 61, s. 424; 1997, c. 4, s. 3.

4. The clerk of the Crown, the clerk of the Court of Québec both as such and as ex officio clerk of a justice of the peace, the clerk of a Municipal Court both as such and as ex officio clerk of a justice of the peace, who receive fines shall transmit them, within the shortest possible delay, to those indicated by law as being entitled thereto, in accordance with such instructions as may have been given to them by order of the Minister.

R. S. 1964, c. 36, s. 4; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1989, c. 52, s. 134; 1992, c. 61, s. 425; 1997, c. 4, s. 4.

5. If there be no provisions to the contrary, the fines recovered under the above provisions shall form part of the Consolidated Revenue Fund and shall, in consequence, be transmitted to the Ministère des Finances.

R. S. 1964, c. 36, s. 5; 1977, c. 5, s. 14.

6. (Repealed).

R. S. 1964, c. 36, s. 6; 1965 (1st sess.), c. 16, s. 21; 1997, c. 4, s. 5.

7. Notwithstanding the above provisions, the Government may, by contract, authorize the remittance, in whole or in part, of any fine, pecuniary penalty or confiscation, which otherwise should belong to the Crown in the right of Québec, to the municipality which entirely or partially bears the cost of the administration of the act under which such fine, pecuniary penalty or confiscation is imposed, or allow it to be applied in any other way deemed the best for the purpose and good administration of this act.

Should such be the case, the clerks mentioned in sections 3 and 4 must submit to the conditions of any contract accepted by the Government.

R. S. 1964, c. 36, s. 7.

8. (Repealed).

R. S. 1964, c. 36, s. 8; 1997, c. 4, s. 6.

9. Every person who contravenes any provision of this Act or of the regulations thereunder shall be liable to a fine not exceeding $20.

R. S. 1964, c. 36, s. 9; 1990, c. 4, s. 618.

10. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 36 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter P-2 of the Revised Statutes.