S-13 - Act respecting the Société des alcools du Québec

Section 35 Disposition versions

2023-10-27

35. The Régie des alcools, des courses et des jeux may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(1.1)  the permit was obtained following false representations;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the board or without observing the conditions attached to the transfer by the board;

(4)  the permit holder contravenes a provision of this section or a regulation made under it, unless a monetary administrative penalty was imposed on the permit holder under section 34.2 for that failure to comply;

(5)  (subparagraph repealed);

(6)  the permit holder does not maintain the basic machinery required for making, bottling or distributing;

(7)  the permit holder is guilty of a failure to comply referred to in the regulation made under paragraph 12 of section 114 of the Act respecting liquor permits (chapter P-9.1), unless a monetary administrative penalty was imposed on the permit holder under section 34.2 for that failure to comply;

(8)  the permit holder or, where the holder is a legal person, a director of the legal person or a shareholder holding 10% or more of the shares with full voting rights is convicted of an indictable offence relating to the use of the permit and punishable by imprisonment for five years or more or of an offence under a provision of this Act, a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (R.S.C. 1985, c. I-3);

(9)  an agent or employee of the permit holder is convicted of an offence under a provision of this Act, the Act respecting offences relating to alcoholic beverages or the Act respecting interprovincial and international traffic in intoxicating liquors, where the offence relates to an alcoholic beverage made or bottled by the permit holder;

(10)  the holder does not comply with an order made pursuant to section 35.2 or does not abide by a voluntary undertaking made pursuant to section 35.3.

Any relevant provisions of the Act respecting liquor permits, of the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1) and the rules or regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the board apply, with the necessary modifications, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1; 1990, c. 21, s. 6; 1992, c. 17, s. 8; 1993, c. 39, s. 87, s. 95; 1996, c. 34, s. 12; 1997, c. 32, s. 5; 1999, c. 40, s. 283; 2018, c. 20, s. 116; 2023, c. 24, s. 48.

2018-06-12

35. The Régie des alcools, des courses et des jeux may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(1.1)  the permit was obtained following false representations;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the board or without observing the conditions attached to the transfer by the board;

(4)  the permit holder contravenes a provision of this section or a regulation made under it;

(5)  (subparagraph repealed);

(6)  the permit holder does not maintain the basic machinery required for making, bottling or distributing;

(7)  the permit holder is guilty of a failure to comply referred to in the regulation made under paragraph 12 of section 114 of the Act respecting liquor permits (chapter P-9.1) other than one for which a monetary administrative penalty is prescribed by that regulation;

(8)  the permit holder or, where the holder is a legal person, a director of the legal person or a shareholder holding 10% or more of the shares with full voting rights is convicted of an indictable offence relating to the use of the permit and punishable by imprisonment for five years or more or of an offence under a provision of this Act, a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (R.S.C. 1985, c. I-3);

(9)  an agent or employee of the permit holder is convicted of an offence under a provision of this Act, the Act respecting offences relating to alcoholic beverages or the Act respecting interprovincial and international traffic in intoxicating liquors, where the offence relates to an alcoholic beverage made or bottled by the permit holder;

(10)  the holder does not comply with an order made pursuant to section 35.2 or does not abide by a voluntary undertaking made pursuant to section 35.3.

Any relevant provisions of the Act respecting liquor permits, of the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1) and the rules or regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the board apply, with the necessary modifications, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1; 1990, c. 21, s. 6; 1992, c. 17, s. 8; 1993, c. 39, s. 87, s. 95; 1996, c. 34, s. 12; 1997, c. 32, s. 5; 1999, c. 40, s. 283; 2018, c. 20, s. 116.

1999-10-22

35. The Régie des alcools, des courses et des jeux may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(1.1)  the permit was obtained following false representations;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the board or without observing the conditions attached to the transfer by the board;

(4)  the permit holder contravenes any provision of section 29.1, 33 or 33.1 or any provision referred to in section 33.2;

(5)  (subparagraph repealed);

(6)  the permit holder does not maintain the basic machinery required for making, bottling or distributing;

(7)  (subparagraph repealed);

(8)  the permit holder or, where the holder is a legal person, a director of the legal person or a shareholder holding 10% or more of the shares with full voting rights is convicted of an indictable offence relating to the use of the permit and punishable by imprisonment for five years or more or of an offence under a provision of this Act, a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3);

(9)  an agent or employee of the permit holder is convicted of an offence under a provision of this Act, the Act respecting offences relating to alcoholic beverages or the Act respecting interprovincial and international traffic in intoxicating liquors, where the offence relates to an alcoholic beverage made or bottled by the permit holder;

(10)  the holder does not comply with an order made pursuant to section 35.2 or does not abide by a voluntary undertaking made pursuant to section 35.3.

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1), of the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1) and the rules or regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the board apply, with the necessary modifications, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1; 1990, c. 21, s. 6; 1992, c. 17, s. 8; 1993, c. 39, s. 87, s. 95; 1996, c. 34, s. 12; 1997, c. 32, s. 5; 1999, c. 40, s. 283.

1997-06-12

35. The Régie des alcools, des courses et des jeux may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(1.1)  the permit was obtained following false representations;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the board or without observing the conditions attached to the transfer by the board;

(4)  the permit holder contravenes any provision of section 29.1, 33 or 33.1 or any provision referred to in section 33.2;

(5)  (subparagraph repealed);

(6)  the permit holder does not maintain the basic machinery required for making, bottling or distributing;

(7)  (subparagraph repealed);

(8)  the permit holder or, where the holder is a corporation, a director of the corporation or a shareholder holding 10 % or more of the shares with full voting rights is convicted of an indictable offence relating to the use of the permit and punishable by imprisonment for five years or more or of an offence under a provision of this Act, a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3);

(9)  an agent or employee of the permit holder is convicted of an offence under a provision of this Act, the Act respecting offences relating to alcoholic beverages or the Act respecting interprovincial and international traffic in intoxicating liquors, where the offence relates to an alcoholic beverage made or bottled by the permit holder;

(10)  the holder does not comply with an order made pursuant to section 35.2 or does not abide by a voluntary undertaking made pursuant to section 35.3.

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1), of the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1) and the rules or regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the board apply, with the necessary adaptations, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1; 1990, c. 21, s. 6; 1992, c. 17, s. 8; 1993, c. 39, s. 87, s. 95; 1996, c. 34, s. 12; 1997, c. 32, s. 5.

1996-07-05

35. The Régie des alcools, des courses et des jeux may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(1.1)  the permit was obtained following false representations;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the board or without observing the conditions attached to the transfer by the board;

(4)  the permit holder contravenes any provision of section 29.1, 33 or 33.1;

(5)  (subparagraph repealed);

(6)  the permit holder does not maintain the basic machinery required for making, bottling or distributing;

(7)  (subparagraph repealed);

(8)  the permit holder or, where the holder is a corporation, a director of the corporation or a shareholder holding 10 % or more of the shares with full voting rights is convicted of an indictable offence relating to the use of the permit and punishable by imprisonment for five years or more or of an offence under a provision of this Act, a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3);

(9)  an agent or employee of the permit holder is convicted of an offence under a provision of this Act, the Act respecting offences relating to alcoholic beverages or the Act respecting interprovincial and international traffic in intoxicating liquors, where the offence relates to an alcoholic beverage made or bottled by the permit holder;

(10)  the holder does not comply with an order made pursuant to section 35.2 or does not abide by a voluntary undertaking made pursuant to section 35.3.

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1), of the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1) and the rules or regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the board apply, with the necessary adaptations, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1; 1990, c. 21, s. 6; 1992, c. 17, s. 8; 1993, c. 39, s. 87, s. 95; 1996, c. 34, s. 12.

1993-07-14

35. The Régie des alcools, des courses et des jeux may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the board or without observing the conditions attached to the transfer by the board;

(4)  the permit holder contravenes section 33;

(5)  (subparagraph repealed);

(6)  the permit holder does not maintain the basic machinery required for making, bottling or distributing;

(7)  (subparagraph repealed);

(8)  the permit holder or, where the holder is a corporation, a director of the corporation or a shareholder holding 10 % or more of the shares with full voting rights is convicted of an indictable offence relating to the use of the permit and punishable by imprisonment for five years or more or of an offence under a provision of this Act, a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3);

(9)  an agent or employee of the permit holder is convicted of an offence under a provision of this Act, the Act respecting offences relating to alcoholic beverages or the Act respecting interprovincial and international traffic in intoxicating liquors, where the offence relates to an alcoholic beverage made or bottled by the permit holder;

(10)  the holder does not comply with an order made pursuant to section 35.2 or does not abide by a voluntary undertaking made pursuant to section 35.3.

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1), of the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1) and the rules or regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the board apply, with the necessary adaptations, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1; 1990, c. 21, s. 6; 1992, c. 17, s. 8; 1993, c. 39, s. 87, s. 95.

1992-06-30

35. The Régie des permis d’alcool du Québec may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the Régie or without observing the conditions attached to the transfer by the Régie;

(4)  the permit holder contravenes section 33;

(5)  (subparagraph repealed);

(6)  the permit holder does not maintain the basic machinery required for making, bottling or distributing;

(7)  (subparagraph repealed);

(8)  the permit holder or, where the holder is a corporation, a director of the corporation or a shareholder holding 10 % or more of the shares with full voting rights is convicted of an indictable offence relating to the use of the permit and punishable by imprisonment for five years or more or of an offence under a provision of this Act, a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3);

(9)  an agent or employee of the permit holder is convicted of an offence under a provision of this Act, the Act respecting offences relating to alcoholic beverages or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3), where the offence relates to an alcoholic beverage made or bottled by the permit holder;

(10)  the holder does not comply with an order made pursuant to section 35.2 or does not abide by a voluntary undertaking made pursuant to section 35.3.

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1) or of the regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the Régie apply, with the necessary adaptations, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1; 1990, c. 21, s. 6; 1992, c. 17, s. 8.

1990-06-22

35. The Régie des permis d’alcool du Québec may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the Régie or without observing the conditions attached to the transfer by the Régie;

(4)  the permit holder contravenes section 33;

(5)  (subparagraph repealed);

(6)  the permit holder does not maintain the basic machinery required for making and bottling;

(7)  (subparagraph repealed);

(8)  the permit holder or, where the holder is a corporation, a director of the corporation or a shareholder holding 10 % or more of the shares with full voting rights is convicted of an indictable offence relating to the use of the permit and punishable by imprisonment for five years or more or of an offence under a provision of this Act, a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3);

(9)  an agent or employee of the permit holder is convicted of an offence under a provision of this Act, the Act respecting offences relating to alcoholic beverages or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3), where the offence relates to an alcoholic beverage made or bottled by the permit holder;

(10)  the holder does not comply with an order made pursuant to section 35.2 or does not abide by a voluntary undertaking made pursuant to section 35.3.

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1) or of the regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the Régie apply, with the necessary adaptations, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1; 1990, c. 21, s. 6.

1989-06-05

35. At the request of the Minister of Industry, Trade and Technology, the Régie des permis d’alcool du Québec may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the Minister or without observing the conditions attached to the transfer by the Minister;

(4)  the permit holder contravenes section 33;

(5)  the permit holder fails to install the basic machinery required for making or bottling in accordance with the conditions determined by the Minister of Industry, Trade and Technology;

(6)  the permit holder does not maintain the basic machinery required for making and bottling;

(7)  (subparagraph repealed).

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1) or of the regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the Régie apply, with the necessary adaptations, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1.

1988-12-21

35. At the request of the Minister of Industry, Trade and Technology, the Régie des permis d’alcool du Québec may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the Minister or without observing the conditions attached to the transfer by the Minister;

(4)  the permit holder contravenes section 33;

(5)  the permit holder fails to install the basic machinery required for making or bottling in accordance with the conditions determined by the Minister of Industry, Trade and Technology;

(6)  the permit holder does not maintain the basic machinery required for making and bottling;

(7)  the permit holder or, where the holder is a corporation, a director of the corporation or a shareholder holding 10% or more of the shares with full voting rights is found guilty of an offence under this Act, a regulation thereunder or the Act respecting offences relating to alcoholic beverages (chapter I-8.1).

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1) or of the regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the Régie apply, with the necessary adaptations, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89.

1986-12-19

35. At the request of the Minister of Industry and Commerce, the Régie des permis d’alcool du Québec may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the Minister or without observing the conditions attached to the transfer by the Minister;

(4)  the permit holder contravenes section 33;

(5)  the permit holder fails to install the basic machinery required for making or bottling in accordance with the conditions determined by the Minister of Industry and Commerce;

(6)  the permit holder does not maintain the basic machinery required for making and bottling;

(7)  the permit holder or, where the holder is a corporation, a director of the corporation or a shareholder holding 10% or more of the shares with full voting rights is found guilty of an offence under this Act, a regulation thereunder or the Act respecting offences relating to alcoholic beverages (chapter I-8.1).

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1) or of the regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the Régie apply, with the necessary adaptations, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35.

1984-12-20

35. Permits may be suspended or cancelled for cause by the Minister of Industry and Commerce by means of a written notice specifying the reasons for suspension or cancellation.

In the case of an industrial permit, the Minister may suspend or cancel such permit if the permit holder

(1)  has not installed the basic machinery required for making or bottling in accordance with the conditions determined by the Minister;

(2)  does not maintain the basic machinery required for making and bottling.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44.

1983-10-19

35. Permits may be suspended or cancelled for cause by the Minister of Industry, Commerce and Tourism by means of a written notice specifying the reasons for suspension or cancellation.

In the case of an industrial permit, the Minister may suspend or cancel such permit if the permit holder

(1)  has not installed the basic machinery required for making or bottling in accordance with the conditions determined by the Minister;

(2)  does not maintain the basic machinery required for making and bottling.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6.

1980-06-01

35. The holders of permits mentioned in sections 33 and 34 may also obtain a cider seller’s permit and use it in conformity with the Act respecting liquor permits (chapter P-9.1).

1971, c. 20, s. 35; 1979, c. 71, s. 160.

1977-12-31

35. The holders of permits mentioned in sections 33 and 34 may also obtain a cider seller’s permit and use it in conformity with the Act respecting the Commission de contrôle des permis d’alcool (chapter C-33).

1971, c. 20, s. 35.