I-8.1 - Act respecting offences relating to alcoholic beverages

Section 149 Disposition versions

1996-06-20

149. In any prosecution under this Act, the certificate relating to the analysis of any beverage suspected of being alcoholic signed by the analyst of the Corporation shall be accepted as proof, in the absence of any evidence to the contrary, of the facts set forth therein and of the authority of the person who signed such certificate, without further evidence of his appointment or of his signature. The cost of such analysis shall also be included in the costs of the proceeding, and the amounts collected as such shall belong to the Corporation and be remitted to the Corporation.

Where beverages that have been seized in an establishment are in containers identified as containing alcoholic beverages, the beverages shall be presumed to be alcoholic beverages of the type indicated on the container, in the absence of any evidence to the contrary.

Where beverages that have been seized elsewhere than in an establishment are in sealed containers identified as containing alcoholic beverages, the beverages shall be presumed to be alcoholic beverages of the type indicated on the container, in the absence of any evidence to the contrary.

However, any defendant who contests that beverages seized are alcoholic beverages or are of a particular type must give prior notice to the prosecuting party of an application for analysis of the contents of a determined number of containers of such beverages not less than 10 days before the date set for the beginning of the trial, unless the prosecuting party waives the notice. Article 172 of the Code of Penal Procedure (chapter C-25.1) applies to the application.

1971, c. 19, s. 153; 1974, c. 14, s. 78; 1994, c. 26, s. 5; 1996, c. 17, s. 6.

1994-06-17

149. In any prosecution under this Act, the certificate relating to the analysis of any beverage suspected of being alcoholic signed by the analyst of the Corporation shall be accepted as proof, prima facie, of the facts set forth therein and of the authority of the person who signed such certificate, without further evidence of his appointment or of his signature. The cost of such analysis shall also be included in the costs of the proceeding.

Where several containers of identical size containing an alcoholic beverage of the same brand are seized at the same time, the prosecutor is bound to supply a certificate of analysis of the beverage seized only in respect of the beverage contained in one of the containers, unless the judge, on application by the defendant, orders the contents of a determined number of such containers to be analysed.

Prior notice of such application must be given by the defendant to the prosecutor, unless the latter waives prior notice. Article 172 of the Code of Penal Procedure (chapter C-25.1) applies to the application.

1971, c. 19, s. 153; 1974, c. 14, s. 78; 1994, c. 26, s. 5.

1977-12-31

149. In any prosecution under this Act, the certificate relating to the analysis of any beverage suspected of being alcoholic signed by the analyst of the Corporation shall be accepted as proof, primafacie, of the facts set forth therein and of the authority of the person who signed such certificate, without further evidence of his appointment or of his signature. The cost of such analysis shall also be included in the costs of the proceeding.

1971, c. 19, s. 153; 1974, c. 14, s. 78.