Nicholas Thorne-Belance was killed when a police cruiser travelling at 122 kilometres an hour in a 50-kilometre zone slammed into the side of Thorne-Belance's father's sedan.
The sedan was carrying Mike Belance, his 10-year-old stepdaughter, and Nicholas.
The boy died in hospital five days after the crash with the provincial police vehicle.- Stephanie Thorne, mother of 5-year-old boy killed in police car, wants justice
Initially, prosecutors declined to pursue charges after collision happened in February of 2014.
However, Quebec Justice Minister Stephanie Vallée had asked independent prosecutors to re-examine the case back in November.
The officer, Patrick Ouellet, will face a charge of dangerous driving causing death.