C-27.1 - Municipal Code of Québec

Section 565 Disposition versions

2006-01-01

1993-11-01

1992-06-23

1990-10-01

1987-06-29

0001-01-01

565. A local corporation may adopt, amend or repeal a by-law to enact that in the case of an infraction of a municipal by-law relating to traffic, parking or public safety, a police officer or a constable, or, in the case of an infraction of a municipal parking by-law, a person whose services are retained by the council for such purpose, may fill out a notice of summons at the place of the infraction indicating the nature of the infraction, hand over a copy of the notice to the driver of the vehicle or deposit it in a conspicuous place on the vehicle, and take the original of the notice to the place fixed in the by-law.

The preceding paragraph does not prevent the authorized person, if he deems it expedient, from filing a complaint and causing the issuance of a summons according to law, without issuing a notice of summons.

The authorized person is also empowered to move a motor vehicle or to cause it to be moved in the case of snow removal or in the cases of urgency determined by by-law.

The person in possession of a notice of summons may avoid the filing of a complaint against him by appearing at the place fixed by by-law and indicated in the notice of summons and by paying as a fine the sum fixed in the by-law. That sum must not exceed $10 for a parking infraction or $25 for the infraction of any other by-law contemplated in this article, except in the case of an infraction of a provision passed pursuant to paragraph 3, 4 or 7 of section 512 of the Highway Safety Code (chapter C-24.1), in which case the sum must be equal to the minimum provided for in the Code for a fine relating to a contravention of a provision thereof bearing on the same matter. The payment of the fine and the receipt given by the person designated by the council free the offender of any other penalty in connection with that infraction.

If the person in possession of the notice refuses or fails to comply therewith within the prescribed delay, the authorized person or the local corporation may file a complaint against him according to law.

The notice of summons may contain an order to the offender to appear before the court of competent jurisdiction mentioned therein, at the time and date indicated in the notice. In such a case the authorized person must give a copy of the notice to the clerk of the court within the ensuing 48 hours. On the day fixed for the hearing, unless a payment in full discharge has been made, the clerk shall open a record and file therein that document which constitutes a summons duly authorized and served within the meaning of the Summary Convictions Act (chapter P-15) and liable to be returned on the date fixed.

1977, c. 18, s. 2; 1979, c. 36, s. 34; 1982, c. 63, s. 34.