B-6 - Act respecting tear bombs

Updated to 1 January 2016

This document has official status.

chapter B-6

Act respecting tear bombs

1. In this Act:

(1)  the words “tear bombs” mean any apparatus or device used to project or emit a gas or any other substance productive of tears;

(2)  the word “person” includes also a partnership.

R. S. 1964, c. 47, s. 1; 1999, c. 40, s. 40.

2. Every one who:

(a)  not having a permit still in force, possesses, elsewhere than in his residence, office or business establishment, or is carrying concealed on his person, a tear bomb; or

(b)  sells or, without lawful excuse, gives or lends a tear bomb to anyone not being the holder of a permit still in force; or

(c)  in the case of a sale of a tear bomb, neglects to make an entry of such sale, the date thereof, the name of the purchaser, the date and place of issue of the permit and the name of the issuer of the permit, or neglects to send a duplicate of such entry by registered mail to the person who issued the permit, or neglects to endorse upon such permit the date and place of sale and the name of the vendor; or

(d)  issues a permit as provided in this Act, without lawful authority,

is guilty of an offence against this Act and liable to the penalties hereinafter enacted.

R. S. 1964, c. 47, s. 2; 1975, c. 83, s. 84; 1999, c. 40, s. 40; I.N. 2016-01-01 (NCCP).

3. The permit referred to in section 2 shall be in the form prescribed by the Minister of Public Security and be issued gratuitously by the Director General of the Sûreté du Québec and at the discretion of the latter.

Such permit shall remain in force for the time therein mentioned, which shall not exceed twelve months.

R. S. 1964, c. 47, s. 3; 1968, c. 17, s. 97; 1977, c. 5, s. 14; 1986, c. 86, s. 41; 1988, c. 46, s. 25.

4. The above-mentioned permit, upon the trial of an offence against this Act, shall be evidence of its contents until proof to the contrary and of the signature of the person by whom it purports to be granted.

R. S. 1964, c. 47, s. 4.

5. Whenever the Government deems it expedient in the public interest it may suspend the operation of any of the provisions of this Act in any part of Québec and for such period as it deems fit.

R. S. 1964, c. 47, s. 5.

6. Nothing in this Act shall apply to the having upon his person or the carrying by any member of Her Majesty’s Naval, Military or Militia Forces, or by any peace officer or immigration officer, of one or more tear bombs, or to any bona fide selling of tear bombs by any manufacturer of or person trading wholesale in tear bombs to any person bona fide dealing in such articles and having a fixed business establishment.

R. S. 1964, c. 47, s. 6; 1999, c. 40, s. 40.

7. (Repealed).

R. S. 1964, c. 47, s. 7; 1992, c. 61, s. 86.

8. The Minister of Public Security shall see to the disposal of forfeited tear bombs.

R. S. 1964, c. 47, s. 8; 1965 (1st sess.), c. 17, s. 2; 1986, c. 86, s. 41; 1986, c. 95, s. 36; 1988, c. 21, s. 69; 1988, c. 46, s. 24; 1992, c. 61, s. 87.

9. Every person who contravenes any provision of this Act is liable to a fine not exceeding $50, and, for a second or any subsequent conviction, to a fine of $100 to $200.

R. S. 1964, c. 47, s. 9; 1990, c. 4, s. 109.

9.1. The Minister of Public Security is responsible for the administration of this Act.

1986, c. 86, s. 17; 1988, c. 46, s. 24.

10. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 47 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter B-6 of the Revised Statutes.