1995, c. 51, s. 39.
332.3. Unless he makes a written agreement with the collector, the defendant may not recover possession of the motor vehicle until he has paid the fine and costs, including reasonable immobilization, towing or impounding costs as prescribed by by-law of the local municipality in whose territory the payment order was issued.
1995, c. 51, s. 39; 1996, c. 2, s. 216.
333. Where a collector has reasonable grounds to believe that seizure does not or will not permit the recovery of the sums due from the defendant and is convinced, after examining the defendant's financial situation, that the defendant is unable to pay, the collector must offer the defendant the option of paying the sums due by means of compensatory work, to the extent that compensatory work programs are available.
1987, c. 96, a. 333; 1995, c. 51, s. 40; 2003, c. 5, s. 18.
334. The collector or the person or body he designates shall determine the nature of the compensatory work that the defendant may undertake to carry out.
Where the defendant is under 18 years of age, the collector shall entrust the director of youth protection having jurisdiction in the place of the defendant's residence with determining the nature of the compensatory work and supervising it.
1987, c. 96, a. 334.
335. A defendant who agrees to carry out compensatory work may, if he performs the work, pay by such work all the sums due at the time of the agreement.
The agreement shall be in writing.
1987, c. 96, a. 335.
336. The amounts of the sums due shall be added up to determine the duration of the compensatory work in accordance with the schedule.
Where the total number of compensatory work hours to be carried out for a portion referred to in the schedule contains a fraction, it shall be rounded off to the nearest whole number; where the fraction is 1/2, the number shall be rounded off to the next lower whole number.
1987, c. 96, a. 336.
337. In no case may the defendant agree to carry out more than 1,500 compensatory work hours.
The carrying out of compensatory work corresponding to the maximum provided for in the first paragraph enables the defendant to pay all the sums due at the time of the agreement, whatever their amount.
1987, c. 96, a. 337.
338. The compensatory work must be completed within 12 months of the agreement, unless the sums due exceed $10,000, in which case it must be completed within two years of the agreement.
1987, c. 96, a. 338.
339. Upon completion of the work, the person or body referred to in article 334 shall make a report to the collector on the carrying out of the work.
On the signing of the report by the collector, the defendant is released from payment of the sums due.
1987, c. 96, a. 339; 1995, c. 51, s. 41.
340. Chapter III of the Public Administration Act (chapter A-6.01), the Labour Code (chapter C-27), the Act respecting collective agreement decrees (chapter D-2), the Public Service Act (chapter F-3.1.1), the Act respecting workforce vocational training and qualification (chapter F-5), the Act respecting labour standards (chapter N-1.1), Chapter IV of the Building Act (chapter B-1.1), the Master Electricians Act (chapter M-3), the Master Pipe-Mechanics Act (chapter M-4) and the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) do not apply when compensatory work is carried out under this chapter.
1987, c. 96, a. 340; 2000, c. 8, s. 109; 2007, c. 3, s. 72.
341. Notwithstanding section 6 of the Act respecting occupational health and safety (chapter S-2.1), only sections 12 to 48 and paragraph 11 of section 51 of the said Act apply to a person who carries out compensatory work.
For the carrying out of the said Act,
(1) the Government is deemed to be the employer of that person;
(2) the contribution of the employer is established according to the standards applied under the said Act by the Commission de la santé et de la sécurité du travail.
1987, c. 96, a. 341.
342. Where a defendant agrees to carry out compensatory work, he may, before beginning it, pay all the sums due to the collector with whom he has made the agreement.
1987, c. 96, a. 342.
343. The defendant may, while carrying out compensatory work, pay the balance of the sums due to the collector.
The amount of the sums due at the time of the agreement shall be reduced proportionately to the ratio between the number of compensatory work hours already carried out or paid and the number of hours to be carried out at the time of the agreement.
1987, c. 96, a. 343.
344. Where a defendant agrees to carry out compensatory work, he may, before or while carrying it out, pay part of the sums due to the collector with whom he has made the agreement.
The payment reduces the number of compensatory work hours to be carried out at the time of the agreement proportionately to the ratio between the amount paid and the amount of the sums due at the time of the agreement.
1987, c. 96, a. 344.
345. Even if the defendant ceases to carry out compensatory work before completing it, the amount of the sums due at the time of the agreement is reduced proportionately to the ratio between the number of hours already carried out or paid and the number of hours to be carried out at the time of the agreement.
1987, c. 96, a. 345.
345.1. Where a sentence in the form of a fine has been imposed on the defendant and the defendant makes payment of a sum due, carries out compensatory work or serves a term of imprisonment in default of payment, the sum, work or term of imprisonment is applied first to payment of the costs related to the fine.
When an agreement is made with the defendant, the collector shall, in respect of the judgments to be executed by the collector, see to it that the sums remitted and the work the defendant undertakes to perform serve to satisfy the judgment most likely to be the subject of an application for the issue of a warrant of committal against the defendant.
2003, c. 5, s. 19.
345.2. The collector shall, on the conditions prescribed by regulation, remit part of the costs recovered under this chapter to the prosecuting party referred to in paragraph 3 of article 9 who disbursed sums of money to prosecute.
2003, c. 5, s. 19.
DIVISION II
PROVISIONS RELATING TO IMPRISONMENT IN DEFAULT OF PAYMENT OF SUMS DUE
345.3. This division applies to the recovery of sums due pursuant to this Code, except sums to which Division III applies.
2003, c. 5, s. 19.
346. Where the defendant fails to honour his agreement to present himself to the collector, where it has not been possible to offer compensatory work or where the defendant refuses or neglects to carry out such work, and if the sums due have not been paid, the collector may apply to a judge for an order of imprisonment and a warrant of committal of the defendant.
Prior notice of the application shall be served on the defendant. The judge may, however, hear the application if it has not been possible to serve the prior notice on the defendant despite reasonable efforts to do so.
The collector shall, if the defendant is a person under 18 years of age, serve prior notice of the application on the person's parents. If the parents have not been notified, the judge may proceed against the defendant or adjourn the hearing of the application on the conditions he determines, and order that prior notice be served on the parents.
1987, c. 96, a. 346; 1990, c. 4, s. 10.
347. The judge may order imprisonment and issue a warrant of committal if he is satisfied that the measures provided for in this chapter to recover the sums due do not permit, in this particular case, full recovery of the sums due.
The reasons for ordering imprisonment shall be given in writing.
1987, c. 96, a. 347.
348. In no case may the total term of imprisonment for the same offence exceed two years less one day.
1987, c. 96, a. 348; 1992, c. 61, s. 17; 1995, c. 51, s. 42.
349. Each sentence of imprisonment in default of payment of a sum due must be served without interruption.
1987, c. 96, a. 349.
350. Where a defendant is sentenced both to imprisonment and to payment of a sum of money, imprisonment in default of payment of the sum of money begins to run at the expiry of the term of imprisonment to which he was sentenced.
1987, c. 96, a. 350.
351. Where the defendant is already in detention, the judge, in imposing imprisonment in default of payment of sums due, shall order that the terms be served consecutively. Moreover, sentences of imprisonment imposed under this Code in default of payment of a sum due, where there is more than one sum due, must be served consecutively.
1987, c. 96, a. 351; 1995, c. 51, s. 43.
352. Every warrant of committal shall indicate the term of imprisonment.
1987, c. 96, a. 352.
353. A warrant may be issued and executed at any time. It may be executed anywhere in Québec by a peace officer or a bailiff.
Where a warrant of committal is not executed within five years of its issue, it is null. It may, however, be renewed before the expiry of that time by the judge who issued it or by a judge in the same judicial district.
1987, c. 96, a. 353.
354. The person who arrests a defendant under a warrant of committal shall
(1) state his name and quality to the defendant;
(2) inform the defendant of the grounds for his arrest;
(3) allow the defendant to examine the warrant, or if it is not in his possession, promptly allow him to examine it;
(4) inform the defendant of the amount due in the case of imprisonment in default of payment of a sum due.
The person shall not use more force than necessary.
1987, c. 96, a. 354.
355. To execute a warrant of committal, a person may enter any place where he has reasonable grounds to believe the defendant he has been ordered to arrest is to be found, in order to arrest him.
Before entering the place, he shall give a notice to a person in the place of his presence and of the purpose of his presence, unless he has reasonable grounds to believe that that would allow the defendant to abscond.
1987, c. 96, a. 355.
356. The person who arrests a defendant under a warrant of committal must deliver him into the custody of the director of the correctional facility indicated therein or the director of the correctional facility at the place of arrest.
If the defendant is under 18 years of age, he must be delivered into the custody of the director of youth protection having jurisdiction at the place of arrest.
The warrant of committal must be delivered as soon as possible to the person into whose custody the defendant is delivered. That person shall issue an attestation of the condition of the defendant when he receives him.
1987, c. 96, a. 356; 1995, c. 51, s. 44; 2002, c. 24, s. 209.
357. A warrant of committal issued against a defendant while he is already in detention must be delivered without delay to the director of the facility where the defendant is detained.
If the defendant is a person under 18 years of age, the warrant must be delivered without delay to the director of youth protection having jurisdiction at the place of detention.
1987, c. 96, a. 357; 2002, c. 24, s. 209.
358. The defendant may pay the sums due or part thereof to the person entrusted with the execution of a warrant of committal. The person shall give a receipt to the defendant as evidence of payment and remit the amount paid to the collector.
Payment in full of the sums due suspends execution of the warrant.
1987, c. 96, a. 358.
359. The defendant may, before beginning his term of imprisonment, pay to the director of the facility where he has been conveyed the full amount of the sums due.
1987, c. 96, a. 359; 2002, c. 24, s. 209.
360. A defendant who is in detention may, during his term of imprisonment, pay to the director of the facility where he is detained the balance of the sums due.
The amount of the sums due at the time of imprisonment is then reduced proportionately to the ratio between the number of days of imprisonment already served or paid and the number of days of imprisonment to be served at the time of imprisonment.
1987, c. 96, a. 360; 2002, c. 24, s. 209.
361. The defendant may at the time of or during imprisonment pay part of the sums due to the director of the facility where he is detained.
Payment under the first paragraph reduces the number of days of imprisonment to be served at the time of imprisonment proportionately to the ratio between the amount paid and the amount of the sums due at the time of imprisonment.
1987, c. 96, a. 361; 2002, c. 24, s. 209.
362. The director of the facility who receives a sum due must give a receipt to the defendant as evidence of payment of the sum and remit the amount to the collector.
In addition, the director must release the defendant from custody if he has made full payment of the sums due, unless his detention is required on another ground.
1987, c. 96, a. 362; 2002, c. 24, s. 209.
DIVISION III
SPECIAL PROVISIONS RELATING TO TRAFFIC AND PARKING OFFENCES
363. This division applies to the recovery of sums due for offences under the Highway Safety Code (chapter C-24.2) or a traffic or parking by-law adopted by a municipality.
In this division, if the collector has given a notice under article 364, the sums due also include the amount fixed under subparagraph 52 of the first paragraph of section 621 of the Highway Safety Code
1987, c. 96, a. 363; 1992, c. 61, s. 18; 2003, c. 5, s. 20; 2009, c. 26, s. 25.
364. Where a defendant has not paid the sum due at the expiration of the time provided for in article 322 or agreed under article 327 or 328, or where, at the expiration of such time, although the defendant had agreed to do compensatory work, the defendant has failed to honour the agreement, the collector shall notify the Société de l'assurance automobile du Québec of that fact so that the Société may, in accordance with the Highway Safety Code (chapter C-24.2),
(1) suspend the defendant's learner's licence, probationary licence or driver's licence or, if the defendant is not a licence holder, suspend the defendant's right to obtain any such licence;
(2) prohibit any road vehicle registered in the defendant's name from being put into operation or put back into operation;
(3) prohibit any road vehicle registered in the defendant's name from being discarded;
(4) refuse to register any road vehicle in the defendant's name;
(5) refuse, on the transfer of the right of ownership of a road vehicle registered in the defendant's name, to effect a new registration in the name of the transferee or his or her successors.
The fact that the collector gives the notice does not prevent the collector from using other recovery measures provided for in this chapter.
1987, c. 96, a. 364; 1990, c. 19, s. 11; 1995, c. 51, s. 45; 2003, c. 5, s. 21.
365. The collector, if he has given a notice under article 364, shall notify the Société de l'assurance automobile du Québec without delay if the sum due has been acquitted as a result of a payment or seizure or if the defendant has been released from payment under the second paragraph of article 339.
1987, c. 96, a. 365; 1990, c. 19, s. 11; 2003, c. 5, s. 22.
366. Any person who deliberately attempts to avoid payment of the sums the person owes, in particular by refusing the various terms and conditions offered for payment of the sums due, by failing to honour the person's agreement to appear before the collector, by refusing or neglecting to carry out compensatory work or by rendering himself or herself insolvent, is guilty of an offence and is liable to imprisonment for a period not exceeding two years less one day.
Proceedings under this article may be instituted only by the Attorney General or by the Director of Criminal and Penal Prosecutions before the Court of Québec or a municipal court.
Proceedings under this article are prescribed one year from the date the commission of the offence becomes known to the prosecutor. However, no proceedings may be instituted if more than five years have elapsed since the date the offence was committed.
The sentence imposed for this offence does not discharge the defendant from payment of the sums due. Payment of the sums due does not discharge the defendant from the requirement to serve the sentence of imprisonment.
The collector is deemed, for the purposes of this article, to be a person entrusted with the enforcement of any Act within the meaning of article 62.
1987, c. 96, a. 366; 2003, c. 5, s. 23; 2005, c. 34, s. 86.
366.1. Notwithstanding article 242, sentences of imprisonment imposed pursuant to article 366 may not be served intermittently.
2003, c. 5, s. 24.
366.2. No penal proceedings under article 366 shall be instituted against a person under 18 years of age.
2003, c. 5, s. 24.
CHAPTER XIV
REGULATIONS
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 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.
368. The judges of the Court of Appeal, the Superior Court or the Court of Québec may adopt, for the exercise of their respective jurisdictions, the rules of practice judged necessary for the proper carrying out of this Code.
The rules of practice of the Court of Appeal and the Superior Court must be adopted by a majority of the judges concerned, either at a meeting convened for the purpose by the chief justice or upon consultation held with the judges at the request of the chief justice by certified or registered mail.
The rules of practice are subject to approval by the Government and come into force fifteen days after their date of publication in the Gazette officielle du Québec.
In the case of the Court of Québec, the rules of practice are made and come into force in accordance with the provisions of the Courts of Justice Act (chapter T-16).
1987, c. 96, a. 368; 1988, c. 21, s. 149.
CHAPTER XV
TRANSITIONAL AND FINAL PROVISIONS
369. The Minister of Justice is responsible for the carrying out of this Code.
1987, c. 96, a. 369; 1990, c. 4, s. 11.
370. The powers and duties conferred upon or assigned to a judge under articles 3 and 368 of this Code may also be exercised by the Labour Court within the limits of its jurisdiction as provided by law until, pursuant to chapter 26 of the statutes of 2001, it ceases to exercise penal jurisdiction.
1987, c. 96, a. 370; 1990, c. 4, s. 11; 2001, c. 26, s. 93.
371. Article 340 of this Code is deemed to refer to the Act respecting building contractors vocational qualifications (chapter Q-1) until such time as section 214 of the Building Act (1985, chapter 34) comes into force.
1990, c. 4, s. 11.
372. Until 31 October 1993, the following provisions apply to proceedings governed by this Code:
(1) Any person may lay an information unless the law constituting the offence requires a special authorization.
The informant must have reasonable grounds to believe that the offence in respect of which he laid the information has been committed.
(2) The information shall be laid in writing and shall contain no reference to any previous conviction.
(3) Unless otherwise provided by law, the information must be laid
(a) within two years from the date of commission of the offence where, by law, the fine belongs solely to the State;
(b) by a prosecutor other than the Attorney General, within one year from the date of commission of the offence, where, by law, the fine belongs to the State or to another prosecutor;
(c) by the Attorney General within two years from expiration of the period prescribed in subparagraph b, where, by law, the fine belongs to the State or to another prosecutor and the latter did not lay the information within the prescribed time.
(4) The information shall be laid before a judge. The judge shall hear the allegations of the prosecutor and may hear the evidence, under oath, of any witnesses and shall have, for that purpose, the power to procure the attendance of witnesses and to compel them to testify, in accordance with the provisions of this Code.
The judge shall issue a summons if he has reasonable grounds to believe that an offence has been committed.
(5) The summons shall not be signed in blank.
It shall be served upon the defendant and shall require him to appear at the time and place specified therein.
Except in case of a parking offence, a copy of a summons addressed to a person under 18 years of age shall be served on his parents.
(6) An information may, should the prosecutor so choose, be heard, tried and adjudged in the judicial district where the defendant
(a) allegedly committed the offence, according to the information;
(b) has his residence or has its head office or one of its places of business;
(c) is in detention, where such is the case.
Such information may also, with the consent of the defendant, be heard, tried and adjudged in any other judicial district.
(7) The notice of summons or infraction or the summons issued under articles 1129b and 1140 of the Charter of the city of Montréal (1959-1960, chapter 102), article 546b of the Charter of the city of Québec (1929, chapter 25) or paragraph 17 of section 426 of the Cities and Towns Act (Revised Statutes, 1964, chapter 193), as replaced for Ville de Hull, has the same value and effect as evidence given under oath by the person who has witnessed the commission of the offence alleged on the notice of summons or infraction or the summons.
(8) In no case shall a greater penalty be imposed upon a defendant by reason of a previous conviction unless the prosecutor notified him, before the plea was made, that a greater penalty would be sought by reason of the previous conviction.
Proof of a previous conviction and of the transmission of the notice is incumbent upon the prosecutor, and shall not be brought forth until after the defendant is convicted.
(9) The collector shall remit part of the costs to the prosecutor who has borne expenses related to the prosecution to the extent prescribed by regulation.
The Government may, by regulation, determine the costs which may be remitted to the prosecutor under the first paragraph.
(10) Where it is alleged that the defendant has not complied with his obligation, under an Act, to hold a certificate, licence, permit or any other authorization required by the Act, it shall be incumbent upon the defendant to establish that he is the holder of such a certificate, licence, permit or other authorization.
(11) A judge having jurisdiction to issue a search warrant under Chapter III of this Code has jurisdiction to exercise the powers conferred on a judge in paragraphs 12 and 13 of this article.
(12) The clerk or any other person whom the judge designates after receiving a written application therefor shall have custody of the thing seized pursuant to a search warrant or telewarrant. However, where a seizure was made without a warrant, the seizor shall have custody of the thing he has seized until such time as it is produced as evidence in proceedings or disposed of according to law.
(13) A thing seized during a search shall not be detained for a period exceeding 90 days, unless an information following the seizure is laid prior to the expiry of such period. However, the judge may order that the detention period be extended for not more than 90 days.
If no information is laid prior to the expiry of the period prescribed in the first paragraph or as soon as it becomes no longer necessary to detain the seized thing, the judge, upon application to him therefor in writing, shall order that the thing be returned to the person entitled thereto or, as the case may be, order that it be forfeited. If no application is made within the ensuing 24 months, the thing seized shall be forfeited pleno jure.
An order for the disposal or forfeiture of the thing seized shall not be executory until 30 days after such order was made, except where the parties renounce that period.
1990, c. 4, s. 11; 1996, c. 2, s. 217; 1999, c. 40, s. 57.
373. Until 31 October 1993, the following substitutions shall be made:
(1) for the words “statement of offence” in the first and second lines of article 64, the word “information”;
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