C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 69 Disposition versions

1993-12-17

69. Unless otherwise provided for by this Act, the Council may, by by-law,

(1)  provide for a fine for an offence against a regulatory provision within its competence;

(2)  prescribe either a fine of a fixed amount, or the minimum and maximum fines or a minimum fine of $1 and a maximum fine.

The fixed amount or maximum amount prescribed may not exceed, for a first offence, $1 000 if the offender is a natural person, or $2 000 if the offender is a legal person. In the case of a second or subsequent conviction, the fixed amount or maximum amount prescribed may not exceed $2 000 if the offender is a natural person, or $4 000 if the offender is a legal person.

1969, c. 84, s. 69; 1982, c. 18, s. 26; 1990, c. 4, s. 283; 1993, c. 68, s. 13.

1990-10-01

69. The Council may prescribe a fine of not more than $100 for each offence against the provisions of a by-law within its competence.

In the case of a second conviction, the Council may prescribe a fine of $100 to $500 and, for each subsequent conviction, a fine of $500 to $1 000.

1969, c. 84, s. 69; 1982, c. 18, s. 26; 1990, c. 4, s. 283.

1982-07-11

69. The Council may impose, for each infringement of the provisions of any by-law within its competence, either a fine with or without costs, or imprisonment.

When the penalty imposed is a fine, with or without costs, the by-law may provide for the imprisonment of the offender failing payment of the amount of the condemnation within the delay prescribed by the court, but the imprisonment shall cease upon payment of such amount.

Save where otherwise provided by this act, the fine shall in no case exceed $100 nor shall the imprisonment last longer than sixty days.

However the Council, in cases of several infringements of the same provision of one of the by-laws hereinabove mentioned committed by the same person within a period of twelve months, may impose a fine not exceeding the following limits:

(a)  for a second infringement, not less than $100 and not more than $500;

(b)  for any subsequent infringement, not less than $500 and not more than $1 000.

The costs above mentioned shall include in all cases the costs connected with the execution of the judgment.

Nevertheless, whenever, instead of a fixed penalty, a by-law provides either a maximum and minimum penalty or a maximum penalty only, the court may, at its discretion, impose, in the first instance, such penalty as it sees fit within the limits of such maximum and such minimum, and, in the second instance, such penalty as it sees fit up to the extent of such maximum.

If the infringement of a by-law is continuous, a separate infringement is deemed to be committed each day it continues.

1969, c. 84, s. 69; 1982, c. 18, s. 26.

0001-01-01

69. The Council may impose, for each infringement of the provisions of any by-law within its competence, either a fine with or without costs, or imprisonment.

When the penalty imposed is a fine, with or without costs, the by-law may provide for the imprisonment of the offender failing payment of the amount of the condemnation within the delay prescribed by the court, but the imprisonment shall cease upon payment of such amount.

Save where otherwise provided by this act, the fine shall in no case exceed one hundred dollars nor shall the imprisonment last longer than sixty days.

However the Council, in cases of several infringements of the same provision of one of the by-laws hereinabove mentioned committed by the same person within a period of twelve months, may impose a fine not exceeding the following limits:

(a)  for a second infringement, not less than one hundred dollars and not more than five hundred dollars;

(b)  for any subsequent infringement, not less than five hundred dollars and not more than one thousand dollars.

The costs above mentioned shall include in all cases the costs connected with the execution of the judgment.

Nevertheless, whenever, instead of a fixed penalty, a by-law provides either a maximum and minimum penalty or a maximum penalty only, the court may, at its discretion, impose, in the first instance, such penalty as it sees fit within the limits of such maximum and such minimum, and, in the second instance, such penalty as it sees fit up to the extent of such maximum.

1969, c. 84, s. 69.