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T-1 - Fuel Tax Act

Section 40.3
Disposition versions

Full text
40.3. (Repealed).
1991, c. 15, s. 18; 1996, c. 31, s. 40; 2009, c. 15, s. 539.
40.3. The public servant or designated person who carries out a search in accordance with the first paragraph of section 40.1 may seize and remove, in addition to what is provided for in that paragraph, any other thing which he believes, on reasonable grounds, constitutes evidence of the commission of the offence described in the information or has been used in committing the offence, as well as any other thing in plain view to which section 40.1 applies.
The person shall, with reasonable dispatch, report the seizure to the judge who gave the written authorization under section 40.1 or, in his absence, to a judge of the same jurisdiction.
The judge may authorize the Minister to retain the things seized if he is convinced that they may constitute evidence of the commission of an offence against this Act or that they have been used in committing such an offence and that they have been seized in accordance with this section.
1991, c. 15, s. 18; 1996, c. 31, s. 40.
40.3. The public servant or designated person who carries out a search in accordance with section 40.1 may seize and remove, in addition to what is provided for in that section, any other thing which he believes, on reasonable grounds, constitutes evidence of the commission of the offence described in the information.
The person shall, with reasonable dispatch, report the seizure to the judge who gave his authorization in writing under section 40.1 or, in his absence, to a judge of the same court.
The judge may authorize the Minister to retain the things seized if he is convinced that they may constitute evidence of the commission of an offence against this Act and that they have been seized in accordance with this section.
1991, c. 15, s. 18.
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