T-1 - Fuel Tax Act

Section 48 Disposition versions

2009-06-04

48. (Repealed).

1972, c. 30, s. 53; 1986, c. 18, s. 8; 1991, c. 15, s. 23; 1996, c. 31, s. 43; 2009, c. 15, s. 539.

1996-06-20

48. A judge convicting a defendant under this Act may, on the application of the Minister, order the defendant to pay the costs fixed by regulation in respect of the seizure and preservation of any thing seized under section 40.1 or 40.3.

However, the judge may reduce the amount if he is convinced that the Minister unduly delayed instituting proceedings or caused the commencement of proceedings to be delayed without sufficient cause.

On an application of the Minister made within 30 days after a judgment has been rendered in proceedings to impose a penal sanction for an offence under this Act or, in cases where the defendant is deemed to have been convicted of the offence, within 90 days after service of the statement of offence, a judge may also order, in cases where a defendant has been convicted of, or is deemed to have been convicted of, an offence under this Act, in addition to any penalty otherwise prescribed for the offence, the confiscation of any thing seized under section 40.1 or 40.3, of the deposit referred to in section 40.4 or of the proceeds referred to in section 40.5.

Prior notice of not less than one clear day of an application under this section shall be served on the defendant, on the person from whom the thing was seized and on the persons claiming a right in the thing seized or in the proceeds referred to in section 40.5, except where they are in the presence of the judge.

Where the confiscation of a thing seized under section 40.1 or 40.3 is ordered, the judge may, on the application of the Minister, authorize the Minister to destroy the thing.

1972, c. 30, s. 53; 1986, c. 18, s. 8; 1991, c. 15, s. 23; 1996, c. 31, s. 43.

1992-04-01

48. Where a person is convicted of an offence against this Act, the Minister may, on a motion to a judge of the Court of Québec within 30 days from the day on which the person was convicted, request the confiscation for his benefit of any thing seized pursuant to section 40.1 or 40.3 or the proceeds referred to in section 40.5.

The judge must order the confiscation if the person does not establish that he is able to pay the amount of the fine, that of any assessment or re-assessment issued under this Act and any costs related to the seizure and preservation of the thing referred to in the motion.

Any person, other than the offender, who wishes to revendicate a thing seized and retained under section 40.1 or 40.3 or the proceeds referred to in section 40.5 may obtain the release thereof on presenting a motion to the Court of Québec stating his name and residence and setting out under oath the nature of his right in the thing seized or in the proceeds; the court may thereupon order, on the conditions it determines, the release of the thing seized or the proceeds, as the case may be.

1972, c. 30, s. 53; 1986, c. 18, s. 8; 1991, c. 15, s. 23.

1986-09-01

48. Where a court convicts a person for having contravened this Act, the seizure made under section 40.1 is maintained until the fine and costs, including the cost of custody, are paid.

If the fine and costs, including the cost of custody, are not paid within six months of the conviction, the seized property shall be confiscated and sold as prescribed by regulation. If the proceeds of the sale exceed the sum of the fine and costs, including the costs of custody and sale of the property, the balance shall be remitted to the person who owned the property when it was seized.

Every person, other than the offender, who wishes to revendicate, after the commencement of a prosecution the effect of which may be the confiscation contemplated in the second paragraph, the property seized and retained under section 40.1, may obtain its release on presenting to the court before which such proceedings are taken a petition stating his name, residence and setting out under oath the nature of his right to the seized property.

The court may thereupon order, on such conditions as it determines, the release of the seized property.

1972, c. 30, s. 53; 1986, c. 18, s. 8.

1977-12-31

48. (1)  When a court convicts a person of placing or using coloured fuel oil in a motor-vehicle under circumstances contrary to this act, it must declare any motor-vehicle seized and retained under section 40 confiscated until payment of the fine and costs, including the cost of custody of the vehicle.

If the fine and costs, including the cost of custody, are not paid within six months of the conviction, the seized vehicle shall be confiscated permanently and shall be sold as prescribed by regulation. If the proceeds of the sale exceed the sum of the fine and costs, including the costs of custody and sale, the balance shall be remitted to the person who owned the vehicle when it was seized.

(2)  Whosoever, other than the offender, wishes to revendicate after the commencement of a prosecution the effect of which may be the confiscation contemplated in subsection 1, a motor-vehicle seized and retained under section 40, may obtain its release on presenting to the court before which such proceedings are taken a petition stating his name, residence and occupation and setting out under oath the nature of his right to the vehicle seized.

The court may thereupon order, on such conditions as it determines, the release of the vehicle seized.

1972, c. 30, s. 53.