Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

S-13 - Act respecting the Société des alcools du Québec

Section 47
Disposition versions

Full text
47. On the thirtieth day following a conviction for an offence under a provision of this Act, the alcoholic beverages seized by reason of the offence and their containers are confiscated by operation of law, except if a judge, on application of the defendant or of a third party, decides otherwise.
Upon a conviction for an offence under a provision of this Act, the judge may, on application of the prosecuting party, order the confiscation
(1)  of any vehicle or other thing seized and having been used to transport such beverages;
(2)  of movable property and equipment seized and having been used in the illegal production or sale of alcoholic beverages;
(3)  of any amount seized that constitutes the proceeds from the illegal sale of alcoholic beverages.
However, the judge shall order, at all times, on the application of the prosecutor, the confiscation of alcoholic beverages that are unfit for human consumption.
Prior notice of the application for confiscation must be given by the prosecutor to the person from whom the things were seized or to the defendant, except where they are in the presence of the judge.
The clerk or a person under his authority must advise the Société of any order for the confiscation of alcoholic beverages made under this Act.
1971, c. 20, s. 47; 1986, c. 95, s. 315; 1992, c. 61, s. 575; 1993, c. 71, s. 55; 1996, c. 17, s. 16; 1999, c. 40, s. 283.
47. On the thirtieth day following a conviction for an offence under a provision of this Act, the alcoholic beverages seized by reason of the offence and their containers are confiscated by operation of law, except if a judge, on application of the defendant or of a third party, decides otherwise.
Upon a conviction for an offence under a provision of this Act, the judge may, on application of the prosecuting party, order the confiscation
(1)  of any vehicle or other thing seized and having been used to transport such beverages;
(2)  of movable property and equipment seized and having been used in the illegal production or sale of alcoholic beverages;
(3)  of any amount seized that constitutes the proceeds from the illegal sale of alcoholic beverages.
However, the judge shall order, at all times, on the application of the prosecutor, the confiscation of alcoholic beverages that are unfit for human consumption.
Prior notice of the application for confiscation must be given by the prosecutor to the person from whom the things were seized or to the defendant, except where they are in the presence of the judge.
The clerk or a person under his authority must advise the Corporation of any order for the confiscation of alcoholic beverages made under this Act.
1971, c. 20, s. 47; 1986, c. 95, s. 315; 1992, c. 61, s. 575; 1993, c. 71, s. 55; 1996, c. 17, s. 16.
47. Upon pronouncing a conviction for an offence under a provision of this Act, a judge may, on the application of the prosecutor, order the confiscation
(1)  of any seized alcoholic beverages the possession of which is illegal;
(2)  of any receptacle, vehicle or other thing seized that is used to transport such beverages;
(3)  of seized movable property and equipment having served in the illegal manufacture or sale of alcoholic beverages;
(4)  of any amount seized that constitutes the proceeds from the illegal sale of alcoholic beverages.
However, the judge shall order, at all times, on the application of the prosecutor, the confiscation of alcoholic beverages that are unfit for human consumption.
Prior notice of the application for confiscation must be given by the prosecutor to the person from whom the things were seized or to the defendant, except where they are in the presence of the judge.
1971, c. 20, s. 47; 1986, c. 95, s. 315; 1992, c. 61, s. 575; 1993, c. 71, s. 55.
47. Upon pronouncing a conviction for an offence under a provision of this Act, a judge may, on the application of the prosecutor, order the confiscation
(1)  of any seized alcoholic beverages the possession of which is illegal;
(2)  of any receptacle, vehicle or other thing seized that is used to transport such beverages.
However, the judge shall order, at all times, on the application of the prosecutor, the confiscation of alcoholic beverages that are unfit for human consumption.
Prior notice of the application for confiscation must be given by the prosecutor to the person from whom the things were seized or to the defendant, except where they are in the presence of the judge.
1971, c. 20, s. 47; 1986, c. 95, s. 315; 1992, c. 61, s. 575.
47. When alcoholic beverages or other objects are seized, the Court in its final judgment may order them confiscated by the Corporation, destroyed, or returned to their owner.
1971, c. 20, s. 47; 1986, c. 95, s. 315.
47. When alcoholic beverages or other objects are seized under this act, the Court in its final judgment may order them confiscated by the Corporation, destroyed, or returned to their owner.
1971, c. 20, s. 47.
© Gouvernement du Québec