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I-2 - Tobacco Tax Act

Section 13.3
Disposition versions

Full text
13.3. Any member of the Sûreté du Québec, any member of a municipal police force or any person authorized by the Minister for such purposes may, at any place and at any reasonable time, stop a vehicle for inspection where there is reasonable grounds to believe that it contains raw tobacco or packages of tobacco, require the owner, driver or person in charge of the vehicle to produce, where applicable, the manifest or way-bill provided for in section 7.9 and the copy of the permit provided for in section 6.2, examine the identification of the packages of tobacco being transported and, for that purpose, inspect the vehicle, enter it and open, or order the opening of, any passenger compartment, shipping container, compartment, container or vessel.
The person may also order that the vehicle not be moved where the owner, driver or person in charge of it or a passenger refuses to submit to any inspection or examination provided for in the first paragraph, 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 14.1 where it refers to sections 6.2 and 17.10, under subparagraph a of the first paragraph of section 14.2 where it refers to sections 6 and 6.0.1, or under section 14.3 where it refers to section 9.2. In any such case, the owner, driver or person in charge of the vehicle or the passenger shall produce identification and surrender for examination the vehicle registration certificate.
The vehicle shall not be moved without the authorization of a member of the Sûreté du Québec, a member of a municipal police force or the Minister, as the case may be, 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 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 10:00 p.m. and 7:00 a.m. by a person referred to in the first paragraph.
1986, c. 17, s. 5; 1990, c. 4, s. 456; 1991, c. 16, s. 10; 1993, c. 79, s. 11; 2005, c. 1, s. 16; 2009, c. 15, s. 18; 2009, c. 47, s. 10; 2010, c. 31, s. 175.
13.3. Any member of the Sûreté du Québec, any member of a municipal police force or any person authorized by the Minister for such purposes may, at any place and at any reasonable time, stop a vehicle for inspection where there is reasonable grounds to believe that it contains raw tobacco or packages of tobacco, require the owner, driver or person in charge of the vehicle to produce, where applicable, the manifest or way-bill provided for in section 7.9 and the copy of the permit provided for in section 6.2, examine the identification of the packages of tobacco being transported and, for that purpose, inspect the vehicle, enter it and open, or order the opening of, any passenger compartment, shipping container, compartment, container or vessel.
The person may also order that the vehicle not be moved where the owner, driver or person in charge of it or a passenger refuses to submit to any inspection or examination provided for in the first paragraph, 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 14.1 where it refers to sections 6.2 and 17.10, under subparagraph a of the first paragraph of section 14.2 where it refers to sections 6 and 6.0.1, or under section 14.3 where it refers to section 9.2. In any such case, the owner, driver or person in charge of the vehicle or the passenger shall produce identification and surrender for examination the vehicle registration certificate.
The vehicle shall not be moved without the authorization of a member of the Sûreté du Québec, a member of a municipal police force or the Minister, as the case may be, 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 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 10:00 p.m. and 7:00 a.m. by a person referred to in the first paragraph.
1986, c. 17, s. 5; 1990, c. 4, s. 456; 1991, c. 16, s. 10; 1993, c. 79, s. 11; 2005, c. 1, s. 16; 2009, c. 15, s. 18; 2009, c. 47, s. 10.
13.3. Any member of the Sûreté du Québec, any member of a municipal police force or any person authorized by the Minister for such purposes may, at any place and at any reasonable time, stop a vehicle for inspection where there is reasonable grounds to believe that it contains raw tobacco or packages of tobacco, require the owner, driver or person in charge of the vehicle to produce, where applicable, the manifest or way-bill provided for in section 7.9 and the copy of the permit provided for in section 6.2, and examine the identification of the packages of tobacco being transported.
The person may also order that the vehicle not be moved where the owner, driver or 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 14.1 where it refers to sections 6.2 and 17.10 or under paragraph a of section 14.2 where it refers to section 6. 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 a member of the Sûreté du Québec, a member of a municipal police force or the Minister, as the case may be, 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 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.
1986, c. 17, s. 5; 1990, c. 4, s. 456; 1991, c. 16, s. 10; 1993, c. 79, s. 11; 2005, c. 1, s. 16; 2009, c. 15, s. 18.
13.3. Any member of the Sûreté du Québec, any member of a municipal police force or any person authorized by the Minister for such purposes may, at any place and at any reasonable time, stop a vehicle for inspection where there is reasonable grounds to believe that it contains raw tobacco or packages of tobacco, require the owner, driver or person in charge of the vehicle to produce, where applicable, the manifest or way-bill provided for in section 7.9 and the copy of the permit provided for in section 6.2, and examine the identification of the packages of tobacco being transported.
The person may also order that the vehicle not be moved where the owner, driver or 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 14.1 where it refers to sections 6.2 and 17.10 or under paragraph a of section 14.2 where it refers to section 6. 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 a member of the Sûreté du Québec, a member of a municipal police force or the Minister, as the case may be, until a judge rules on the application referred to in section 13.4, 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.
1986, c. 17, s. 5; 1990, c. 4, s. 456; 1991, c. 16, s. 10; 1993, c. 79, s. 11; 2005, c. 1, s. 16.
13.3. Any member of the Sûreté du Québec, any member of a municipal police force or any person authorized by the Minister for such purposes may, at any place and at any reasonable time, stop a vehicle for inspection where he has reasonable grounds to believe that it contains packages of tobacco, require the owner, driver or person in charge of the vehicle to produce, where applicable, the manifest or way-bill provided for in section 7.9 and the copy of the permit provided for in section 6.2, and examine the identification of the packages of tobacco being transported.
The person may also order that the vehicle not be moved where the owner, driver or 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 14.1 where it refers to sections 6.2 and 17.10 or under paragraph a of section 14.2 where it refers to section 6. 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 a member of the Sûreté du Québec, a member of a municipal police force or the Minister, as the case may be, until a judge rules on the application referred to in section 13.4, 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.
1986, c. 17, s. 5; 1990, c. 4, s. 456; 1991, c. 16, s. 10; 1993, c. 79, s. 11.
13.3. Any officer of the Sûreté du Québec, any member of a municipal police force or any person authorized by the Minister for such purposes may, at any place and at any reasonable time, stop a vehicle for inspection where he has reasonable grounds to believe that it contains packages of tobacco, require the owner, driver or person in charge of the vehicle to produce, where applicable, the manifest or way-bill provided for in section 7.9 and the copy of the permit provided for in section 6.2, and examine the identification of the packages of tobacco being transported.
The person may also order that the vehicle not be moved where the owner, driver or 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 14.1 where it refers to sections 6.2 and 17.10 or under paragraph a of section 14.2 where it refers to section 6. 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 13.4, 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.
1986, c. 17, s. 5; 1990, c. 4, s. 456; 1991, c. 16, s. 10.
13.3. Any officer of the Sûreté du Québec or any person authorized by the Minister for such purposes may, at any time or place, stop a vehicle for inspection where he believes on reasonable grounds that it contains tobacco intended for sale for consumption in Québec and that neither the vendor nor the buyer holds the registration certificate prescribed by law or that the tobacco is not identified in accordance with section 13.1.
However, if the vehicle is stopped for the night elsewhere than in a public place and all activity related to its use has ceased, no inspection of the vehicle may be carried out between 10 p.m. and 7 a.m. without a warrant by a person referred to in the first paragraph.
Where the person who carries out the inspection believes on reasonable grounds that tobacco found in the vehicle is intended for sale for consumption in Québec and that neither the vendor nor the buyer holds the registration certificate prescribed by law or that the tobacco is not identified in accordance with section 13.1, he may order that the vehicle not be moved until the Minister directs otherwise or until a judge rules on the application referred to in section 13.4, submitted by the Minister with reasonable dispatch, and until seizure is effected, where such is the case.
1986, c. 17, s. 5; 1990, c. 4, s. 456.
13.3. Any officer of the Sûreté du Québec or any person authorized by the Minister for such purposes may, without a warrant, at any time or place, stop a vehicle for inspection where he believes on reasonable grounds that it contains tobacco intended for sale for consumption in Québec and that neither the vendor nor the buyer holds the registration certificate prescribed by law or that the tobacco is not identified in accordance with section 13.1.
However, if the vehicle is stopped for the night elsewhere than in a public place and all activity related to its use has ceased, no inspection of the vehicle may be carried out between 10 p.m. and 7 a.m. without a warrant by a person referred to in the first paragraph.
Where the person who carries out the inspection believes on reasonable grounds that tobacco found in the vehicle is intended for sale for consumption in Québec and that neither the vendor nor the buyer holds the registration certificate prescribed by law or that the tobacco is not identified in accordance with section 13.1, he may order that the vehicle not be moved until the Minister directs otherwise or until a judge rules on the application referred to in section 13.4, submitted by the Minister with reasonable dispatch, and until seizure is effected, where such is the case.
1986, c. 17, s. 5.
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