I-2 - Tobacco Tax Act

Section 13.4 Disposition versions

2009-06-04

13.4. (Repealed).

1986, c. 17, s. 5; 1988, c. 21, s. 94; 1991, c. 16, s. 12; 1993, c. 79, s. 13; 1996, c. 31, s. 1; 2009, c. 15, s. 20.

1996-06-20

13.4. A judge of the Court of Québec or a justice of the peace having jurisdiction may, on an ex parte application following an information made in writing and under oath by a person 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 which is being or has been used for the commission of the offence, authorize in writing any public servant of the Ministère du Revenu, or any other person he designates, to search in that place and to seize and remove therefrom 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.

Furthermore, any member of the Sûreté du Québec or any member of a municipal police force may apply for a warrant or telewarrant and make a search in accordance with articles 96 to 114 of the Code of Penal Procedure (chapter C-25.1) with a view to searching for, seizing and removing a thing described in the first paragraph.

Any public servant of the Ministère du Revenu may also apply for a telewarrant and make a search in accordance with the said articles of the Code of Penal Procedure with a view to searching for, seizing and removing a thing described in the first paragraph.

In addition, any member of the Sûreté du Québec, any member of a municipal police force or any public servant of the Ministère du Revenu 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 which is being or has been used for the commission of the offence, may also search for, seize and remove that thing without the authorization provided for in the first paragraph, or without having made an application for a warrant or telewarrant provided for in the second or the third paragraph, as the case may be, if the person in charge of that 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. 17, s. 5; 1988, c. 21, s. 94; 1991, c. 16, s. 12; 1993, c. 79, s. 13; 1996, c. 31, s. 1.

1993-12-17

13.4. A judge of the Court of Québec or a justice of the peace having jurisdiction may, on an ex parte application following an information made in writing and under oath by a person 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 which is being or has been used for the commission of the offence, authorize in writing any public servant of the Ministère du Revenu, or any other person he designates, to search in that place and to seize and remove therefrom 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.

Furthermore, any member of the Sûreté du Québec or any member of a municipal police force may apply for a warrant or telewarrant and make a search in accordance with articles 96 to 114 of the Code of Penal Procedure (chapter C-25.1) with a view to searching for, seizing and removing a thing described in the first paragraph.

Any public servant of the Ministère du Revenu may also apply for a telewarrant and make a search in accordance with the said articles of the Code of Penal Procedure with a view to searching for, seizing and removing a thing described in the first paragraph.

In addition, any member of the Sûreté du Québec, any member of a municipal police force or any public servant of the Ministère du Revenu 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 which is being or has been used for the commission of the offence, may also search for, seize and remove that thing without the authorization provided for in the first paragraph, or without having made an application for a warrant or telewarrant provided for in the second or the third paragraph, as the case may be, if the person in charge of that place consents to the search or in exigent circumstances within the meaning of article 96 of the Code of Penal Procedure.

1986, c. 17, s. 5; 1988, c. 21, s. 94; 1991, c. 16, s. 12; 1993, c. 79, s. 13.

1992-03-01

13.4. 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 Ministère du Revenu 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. 17, s. 5; 1988, c. 21, s. 94; 1991, c. 16, s. 12.

1988-08-31

13.4. With the authorization of a judge of the Court of Québec, which 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 tobacco intended for sale for consumption in Québec and that neither the vendor nor the buyer holds a registration certificate prescribed by law or that the tobacco is not identified in accordance with section 13.1, 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 that place to search for and seize such tobacco and any vehicle or vending machine containing it.

Subject to the release of seizure by the Minister, the seized property shall remain in the custody of the person designated by the Minister for that purpose until, in accordance with section 15.1, it is confiscated or remitted to the owner.

1986, c. 17, s. 5; 1988, c. 21, s. 94.

1986-09-01

13.4. With the authorization of a judge of the Court of the Sessions of the Peace, which 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 tobacco intended for sale for consumption in Québec and that neither the vendor nor the buyer holds a registration certificate prescribed by law or that the tobacco is not identified in accordance with section 13.1, 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 that place to search for and seize such tobacco and any vehicle or vending machine containing it.

Subject to the release of seizure by the Minister, the seized property shall remain in the custody of the person designated by the Minister for that purpose until, in accordance with section 15.1, it is confiscated or remitted to the owner.

1986, c. 17, s. 5.