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T-1 - Fuel Tax Act

Section 39
Disposition versions

Full text
39. Any member of the Sûreté du Québec, any member of a municipal police force or any person authorized for such purposes by the Minister may, at any place and at any reasonable time, stop any vehicle, require the owner or driver or the person in charge of the vehicle to produce for examination, as the case may be, the copy of the permit provided for in section 27.2 and the manifest or way-bill provided for in section 32.1, measure the capacity of the fuel tanks, examine the fuel carried or to be used to supply the engine and take the necessary samples of it.
The person may also order that the vehicle not be moved where the owner, driver or the person in charge of it refuses to submit to any examination or inspection provided for in the first paragraph or does not hold the documents referred to in that paragraph or produces a manifest or way-bill containing inaccurate or incomplete information or where the person has reasonable grounds to believe that an offence is being or has been committed under paragraph a of section 42 where it refers to section 27.2, under paragraph a of section 42.1 where it refers to section 27, under paragraph b of section 42.1, under paragraph b of section 43 or under paragraph b of section 43.1. In any such case, the owner, driver or person in charge of the vehicle shall identify himself and produce the vehicle registration certificate for examination.
Unless a member of the Sûreté du Québec, a member of a municipal police force or the Minister, as the case may be, authorizes otherwise, the vehicle shall not be moved until a judge rules on the application referred to in section 40 or 40.1.0.1 of the Tax Administration Act (chapter A-6.002), which must be introduced with reasonable dispatch, and until the vehicle is seized, where applicable.
However, if a vehicle is left for the night elsewhere than in a public place and all activity related to its use has ceased, no examination or inspection provided for in the first paragraph may be carried out without a warrant between 10:00 p.m. and 7:00 a.m. by a person referred to in the first paragraph.
1972, c. 30, s. 39; 1977, c. 5, s. 14; 1984, c. 35, s. 44; 1986, c. 18, s. 5; 1990, c. 4, s. 845; 1991, c. 15, s. 16; 1993, c. 79, s. 53; 1996, c. 31, s. 38; 2009, c. 15, s. 537; 2010, c. 31, s. 175.
39. Any member of the Sûreté du Québec, any member of a municipal police force or any person authorized for such purposes by the Minister may, at any place and at any reasonable time, stop any vehicle, require the owner or driver or the person in charge of the vehicle to produce for examination, as the case may be, the copy of the permit provided for in section 27.2 and the manifest or way-bill provided for in section 32.1, measure the capacity of the fuel tanks, examine the fuel carried or to be used to supply the engine and take the necessary samples of it.
The person may also order that the vehicle not be moved where the owner, driver or the person in charge of it refuses to submit to any examination or inspection provided for in the first paragraph or does not hold the documents referred to in that paragraph or produces a manifest or way-bill containing inaccurate or incomplete information or where the person has reasonable grounds to believe that an offence is being or has been committed under paragraph a of section 42 where it refers to section 27.2, under paragraph a of section 42.1 where it refers to section 27, under paragraph b of section 42.1, under paragraph b of section 43 or under paragraph b of section 43.1. In any such case, the owner, driver or person in charge of the vehicle shall identify himself and produce the vehicle registration certificate for examination.
Unless a member of the Sûreté du Québec, a member of a municipal police force or the Minister, as the case may be, authorizes otherwise, the vehicle shall not be moved until a judge rules on the application referred to in section 40 or 40.1.0.1 of the Act respecting the Ministère du Revenu (chapter M-31), which must be introduced with reasonable dispatch, and until the vehicle is seized, where applicable.
However, if a vehicle is left for the night elsewhere than in a public place and all activity related to its use has ceased, no examination or inspection provided for in the first paragraph may be carried out without a warrant between 10:00 p.m. and 7:00 a.m. by a person referred to in the first paragraph.
1972, c. 30, s. 39; 1977, c. 5, s. 14; 1984, c. 35, s. 44; 1986, c. 18, s. 5; 1990, c. 4, s. 845; 1991, c. 15, s. 16; 1993, c. 79, s. 53; 1996, c. 31, s. 38; 2009, c. 15, s. 537.
39. Any member of the Sûreté du Québec, any member of a municipal police force or any person authorized for such purposes by the Minister may, at any place and at any reasonable time, stop any vehicle, require the owner or driver or the person in charge of the vehicle to produce for examination, as the case may be, the copy of the permit provided for in section 27.2 and the manifest or way-bill provided for in section 32.1, measure the capacity of the fuel tanks, examine the fuel carried or to be used to supply the engine and take the necessary samples of it.
The person may also order that the vehicle not be moved where the owner, driver or the person in charge of it refuses to submit to any examination or inspection provided for in the first paragraph or does not hold the documents referred to in that paragraph or produces a manifest or way-bill containing inaccurate or incomplete information or where the person has reasonable grounds to believe that an offence is being or has been committed under paragraph a of section 42 where it refers to section 27.2, under paragraph a of section 42.1 where it refers to section 27, under paragraph b of section 42.1, under paragraph b of section 43 or under paragraph b of section 43.1. In any such case, the owner, driver or person in charge of the vehicle shall identify himself and produce the vehicle registration certificate for examination.
Unless a member of the Sûreté du Québec, a member of a municipal police force or the Minister, as the case may be, authorizes otherwise, the vehicle shall not be moved until a judge rules on the application referred to in section 40.1, which must be introduced with reasonable dispatch, and until the vehicle is seized, where applicable.
However, if a vehicle is left for the night elsewhere than in a public place and all activity related to its use has ceased, no examination or inspection provided for in the first paragraph may be carried out without a warrant between 10 p.m. and 7 a.m. by a person referred to in the first paragraph.
1972, c. 30, s. 39; 1977, c. 5, s. 14; 1984, c. 35, s. 44; 1986, c. 18, s. 5; 1990, c. 4, s. 845; 1991, c. 15, s. 16; 1993, c. 79, s. 53; 1996, c. 31, s. 38.
39. Any officer of the Sûreté du Québec, any member of a municipal police force or any person authorized for such purposes by the Minister may, at any place and at any reasonable time, stop any vehicle, require the owner or driver or the person in charge of the vehicle to produce for examination, as the case may be, the copy of the permit provided for in section 27.2 and the manifest or way-bill provided for in section 32.1, measure the capacity of the fuel tanks, examine the fuel carried or to be used to supply the engine and take the necessary samples of it.
The person may also order that the vehicle not be moved where the owner, driver or the person in charge of it refuses to submit to any examination or inspection provided for in the first paragraph or does not hold the documents referred to in that paragraph or produces a manifest or way-bill containing inaccurate or incomplete information or where the person has reasonable grounds to believe that an offence is being or has been committed under paragraph a of section 42 where it refers to section 27.2, under paragraph a of section 42.1 where it refers to section 27, under paragraph b of section 42.1, under paragraph b of section 43 or under paragraph b of section 43.1. In any such case, the owner, driver or person in charge of the vehicle shall identify himself and produce the vehicle registration certificate for examination.
Unless the Minister authorizes otherwise, the vehicle shall not be moved until a judge rules on the application referred to in section 40.1, which must be introduced with reasonable dispatch, and until its seizure, where such is the case.
However, if a vehicle is left for the night elsewhere than in a public place and all activity related to its use has ceased, no examination or inspection provided for in the first paragraph may be carried out without a warrant between 10 p.m. and 7 a.m. by a person referred to in the first paragraph.
1972, c. 30, s. 39; 1977, c. 5, s. 14; 1984, c. 35, s. 44; 1986, c. 18, s. 5; 1990, c. 4, s. 845; 1991, c. 15, s. 16; 1993, c. 79, s. 53.
39. Any officer of the Sûreté du Québec, any member of a municipal police force or any person authorized for such purposes by the Minister may, at any place and at any reasonable time, stop any vehicle, require the owner or driver or the person in charge of the vehicle to produce for examination, as the case may be, the copy of the permit provided for in section 27.2 and the manifest or way-bill provided for in section 32.1, measure the capacity of the fuel tanks, examine the fuel carried or to be used to supply the engine and take the necessary samples of it.
The person may also order that the vehicle not be moved where the owner, driver or the person in charge of it refuses to submit to any examination or inspection provided for in the first paragraph or does not hold the documents referred to in that paragraph or produces a manifest or way-bill containing inaccurate or incomplete information or where the person has reasonable grounds to believe that an offence is being or has been committed under paragraph a of section 42 where it refers to section 27.2, under paragraph a of section 42.1 where it refers to section 27, under paragraph b of section 42.1, under paragraph b of section 43 or under paragraph b of section 43.1. In any such case, the owner, driver or person in charge of the vehicle shall identify himself and produce the vehicle registration certificate for examination.
The vehicle shall not be moved without the authorization of the Minister until a judge rules on the application referred to in section 40.1, submitted by the Minister with reasonable dispatch, and until its seizure, where such is the case.
However, if a vehicle is left for the night elsewhere than in a public place and all activity related to its use has ceased, no examination or inspection provided for in the first paragraph may be carried out without a warrant between 10 p.m. and 7 a.m. by a person referred to in the first paragraph.
1972, c. 30, s. 39; 1977, c. 5, s. 14; 1984, c. 35, s. 44; 1986, c. 18, s. 5; 1990, c. 4, s. 845; 1991, c. 15, s. 16.
39. Any officer of the Sûreté du Québec or any other person authorized for such purposes by the Minister may, at any time or place, stop any motor vehicle, aircraft or vessel, measure the capacity of the fuel tanks and examine the fuel carried or to be used to supply the engine and take the necessary samples of it.
Where a motor vehicle, aircraft or vessel is stopped for the night elsewhere than in a public place and all activity related to its use has ceased, a person contemplated in the first paragraph shall not carry out any measurement or examination or take samples between 10 p.m. and 7 a.m. without a warrant.
1972, c. 30, s. 39; 1977, c. 5, s. 14; 1984, c. 35, s. 44; 1986, c. 18, s. 5; 1990, c. 4, s. 845.
39. Any officer of the Sûreté du Québec or any other person authorized for such purposes by the Minister may, without a warrant, at any time or place, stop any motor vehicle, aircraft or vessel, measure the capacity of the fuel tanks and examine the fuel carried or to be used to supply the engine and take the necessary samples of it.
Where a motor vehicle, aircraft or vessel is stopped for the night elsewhere than in a public place and all activity related to its use has ceased, a person contemplated in the first paragraph shall not carry out any measurement or examination or take samples between 10 p.m. and 7 a.m. without a warrant.
1972, c. 30, s. 39; 1977, c. 5, s. 14; 1984, c. 35, s. 44; 1986, c. 18, s. 5.
39. Any officer of the Sûreté du Québec or any other person authorized for such purposes by the Minister may, without a warrant, at any time or place, stop any motor vehicle, aircraft or vessel, measure the capacity of the fuel tanks and examine the fuel carried or to be used to supply the engine and take the necessary samples of it.
Similarly, such a person may, without a warrant, at any place, from 7 a.m. to 10 p.m., measure the capacity of the fuel tanks of any motor vehicle, aircraft or vessel, examine the fuel carried or being used to supply the engine and take the necessary samples of it.
1972, c. 30, s. 39; 1977, c. 5, s. 14; 1984, c. 35, s. 44.
39. Any officer of the Sûreté du Québec or any other person authorized for such purposes by the Minister may, without a warrant, stop any motor vehicle, aircraft or vessel, measure the capacity of the fuel tanks and examine the fuel carried or to be used to supply the engine and take the necessary samples of it.
1972, c. 30, s. 39; 1977, c. 5, s. 14.
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