E-22 - Act respecting explosives

Section 19.1 Disposition versions

2016-05-18

19.1. The seizor is entrusted with the custody of the explosives seized under this Act, even when they are submitted in evidence in penal proceedings.

A judge may order the sale of such explosives on the application of the person having custody thereof. The sale is carried out on such conditions as the judge may determine, and the proceeds of the sale are deposited with the Bureau général de dépôts pour le Québec.

In no case may the seized explosives or the proceeds of their sale be detained for more than 90 days unless proceedings are brought within that time or a judge issues an order to prolong, by no more than 90 days, the time prescribed for detention.

Upon conviction for an offence under a provision of this Act, a judge may, on the application of the prosecutor, order the confiscation of the explosives or, as the case may be, the proceeds of their sale or order, subject to the conditions he determines, that they be returned to the person entitled thereto. The Minister shall prescribe the manner of disposing of the confiscated explosives.

Prior notice of the application for sale or confiscation shall be given, as the case may be, by the seizor or the prosecutor to the person from whom the explosives were seized, to the defendant and to the persons who claim to be entitled to the explosives, except where they are in the presence of the judge.

1986, c. 95, s. 141; 1992, c. 61, s. 304; 2016, c. 7, s. 26.

1993-11-01

19.1. The seizor is entrusted with the custody of the explosives seized under this Act, even when they are submitted in evidence in penal proceedings.

A judge may order the sale of such explosives on the application of the person having custody thereof. The sale is carried out on such conditions as the judge may determine, and the proceeds of the sale are deposited with a financial institution in accordance with the Deposit Act (chapter D-5).

In no case may the seized explosives or the proceeds of their sale be detained for more than 90 days unless proceedings are brought within that time or a judge issues an order to prolong, by no more than 90 days, the time prescribed for detention.

Upon conviction for an offence under a provision of this Act, a judge may, on the application of the prosecutor, order the confiscation of the explosives or, as the case may be, the proceeds of their sale or order, subject to the conditions he determines, that they be returned to the person entitled thereto. The Minister shall prescribe the manner of disposing of the confiscated explosives.

Prior notice of the application for sale or confiscation shall be given, as the case may be, by the seizor or the prosecutor to the person from whom the explosives were seized, to the defendant and to the persons who claim to be entitled to the explosives, except where they are in the presence of the judge.

1986, c. 95, s. 141; 1992, c. 61, s. 304.

1987-02-15

19.1. A justice of the peace may entrust the seizor with the custody of explosives seized under this Act or the Summary Convictions Act (chapter P-15) or order that they be sold without delay subject to the conditions he determines, and that the proceeds of the sale be deposited with a financial institution in accordance with the Deposit Act (chapter D-5).

In no case may the seized explosives or the proceeds of their sale be detained for more than 90 days unless proceedings are brought within that time or a judge issues an order to prolong, by no more than 90 days, the time prescribed for detention.

Where proceedings are brought, the judge may, on rendering judgment, confiscate the explosives or, as the case may be, the proceeds of their sale or order, subject to the conditions he determines, that they be returned to the person entitled thereto. The Minister shall prescribe the manner of disposing of the confiscated explosives.

1986, c. 95, s. 141.