T-1 - Fuel Tax Act

Section 40.1 Disposition versions

2009-06-04

40.1. (Repealed).

1986, c. 18, s. 6; 1988, c. 21, s. 142; 1991, c. 15, s. 18; 1993, c. 79, s. 55; 1996, c. 31, s. 40; 2009, c. 15, s. 539.

1999-04-01

40.1. A judge of the Court of Québec or a justice of the peace having jurisdiction may, on an ex parte application following an information laid in writing and under oath by a public servant of the Department who has reasonable grounds to believe that an offence against this Act is being or has been committed and that there is in a place in Québec a thing that may afford evidence of the offence or that is being or has been used in the commission of the offence, authorize in writing any public servant of the Department, or any other person he designates, to search in that place for and to seize and remove that thing and, for those purposes, to enter any building, receptacle or premises in that place; the public servant or person so authorized may call upon the assistance of a peace officer.

Any public servant of the Department may also apply for a telewarrant and make a search in accordance with articles 96 to 114 of the Code of Penal Procedure (chapter C-25.1) so as to search for, seize and remove a thing referred to in the first paragraph.

In addition, any public servant of the Department who has reasonable grounds to believe that an offence against this Act is being or has been committed and that there is in a place in Québec a thing that may afford evidence of the offence or that is being or has been used in the commission of the offence, may search for, seize and remove that thing without having obtained the authorization provided for in the first paragraph or the telewarrant provided for in the second paragraph if the person in charge of the place consents to the search or in exigent circumstances within the meaning of article 96 of the Code of Penal Procedure.

No search under the first paragraph may commence before 7 a.m. or after 8 p.m. or on a non-juridical day, without the written authorization of the judge who authorized the search. Nor may any such search commence more than 15 days after being authorized.

1986, c. 18, s. 6; 1988, c. 21, s. 142; 1991, c. 15, s. 18; 1993, c. 79, s. 55; 1996, c. 31, s. 40.

1993-12-17

40.1. A judge of the Court of Québec may, on an ex parte application following an information in writing and under oath by a public servant of the department who has reasonable grounds to believe that an offence against this Act is being or has been committed in a place in Québec, authorize in writing any public servant of the department, or any other person he designates, to search in that place and to seize and remove therefrom any thing which may afford evidence of the offence and, for those purposes, to enter any building, receptacle or premises in that place; the public servant or the person authorized may be assisted by a peace officer.

1986, c. 18, s. 6; 1988, c. 21, s. 142; 1991, c. 15, s. 18; 1993, c. 79, s. 55.

1992-04-01

40.1. With the written authorization of a judge of the Court of Québec, which may be granted on an ex parte application following an information under oath from a person who has reasonable grounds to believe that an offence against this Act is being or has been committed in a place in Québec, the Minister may authorize in writing any public servant of the department or any other person he designates and any peace officer called upon by that public servant or person for assistance, to search in that place and to seize and remove therefrom any thing which may be used as evidence of the offence and, for those purposes, to enter any building, receptacle or premises in that place.

1986, c. 18, s. 6; 1988, c. 21, s. 142; 1991, c. 15, s. 18.

1988-08-31

40.1. With the authorization of a judge of the Court of Québec that may be granted on an ex parte application following information under oath from a person who believes on reasonable grounds that there is, in a place in Québec, fuel intended for sale for consumption in Québec and that neither the dealer nor the purchaser holds the registration certificate prescribed by law, the Minister may authorize in writing any public servant of the Ministère du Revenu or any other person he designates and any peace officer whom that public servant or person calls on for assistance to enter such place to search for and seize such fuel and any vehicle or receptacle containing it.

Subject to the release of seizure by the Minister, the seized property shall remain in the custody of a person designated by the Minister for that purpose until, in accordance with Division IX, it is confiscated or remitted to the owner.

1986, c. 18, s. 6; 1988, c. 21, s. 142.

1986-09-01

40.1. With the authorization of a judge of the Court of the Sessions of the Peace that may be granted on an ex parte application following information under oath from a person who believes on reasonable grounds that there is, in a place in Québec, fuel intended for sale for consumption in Québec and that neither the dealer nor the purchaser holds the registration certificate prescribed by law, the Minister may authorize in writing any public servant of the Ministère du Revenu or any other person he designates and any peace officer whom that public servant or person calls on for assistance to enter such place to search for and seize such fuel and any vehicle or receptacle containing it.

Subject to the release of seizure by the Minister, the seized property shall remain in the custody of a person designated by the Minister for that purpose until, in accordance with Division IX, it is confiscated or remitted to the owner.

1986, c. 18, s. 6.