Ministère de l'Emploi et de la Solidarité sociale
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I-2 - Tobacco Tax Act

Section 15.1
Disposition versions

Full text
15.1. (Repealed).
1986, c. 17, s. 6; 1991, c. 16, s. 15; 1993, c. 79, s. 24; 2005, c. 1, s. 19; 2009, c. 15, s. 22.
15.1. The judge convicting the defendant of an offence under this Act may, upon the application of the Minister, order the defendant to pay the amount of costs fixed by regulation in relation to the seizure and preservation of any thing seized under section 13.4 or 13.4.2.
However, the judge may reduce the amount if he is convinced that the Minister unduly delayed instituting proceedings or caused the commencement of proceedings to be delayed without sufficient cause.
Upon an application of the Minister made within 30 days after a judgment has been rendered in proceedings to impose a penal sanction for an offence under this Act or, in cases where the defendant is deemed to have been convicted of the offence, within 90 days after service of the statement of offence, a judge may also order the confiscation of the raw tobacco or packages of tobacco seized under section 13.4 or 13.4.2 where the unlawful possession of the raw tobacco or packages of tobacco prevents their return to the person from whom they were seized or to a person who claims to have a right therein, and, in cases where a defendant has been convicted of, or is deemed to have been convicted of, an offence under this Act, in addition to any penalty otherwise prescribed for the offence, the confiscation of any thing seized under section 13.4 or 13.4.2, of the deposit referred to in section 13.4.3 or of the proceeds referred to in section 13.5.
Prior notice of not less than one clear day of an application under this section shall be served on the defendant, on the person from whom the thing was seized and on the persons claiming a right in the thing seized or in the proceeds referred to in section 13.5, except when they are in the presence of the judge.
Where the confiscation of raw tobacco, packages of tobacco or the proceeds of their sale as provided for in section 13.5 is ordered, the judge may, at the request of the Minister, authorize the Minister to destroy the raw tobacco or the packages of tobacco or to dispose of the raw tobacco, the packages of tobacco or the proceeds of their sale as provided for in section 13.5 for the benefit of community bodies working in the health and social services sector.
1986, c. 17, s. 6; 1991, c. 16, s. 15; 1993, c. 79, s. 24; 2005, c. 1, s. 19.
15.1. The judge convicting the defendant of an offence under this Act may, upon the application of the Minister, order the defendant to pay the amount of costs fixed by regulation in relation to the seizure and preservation of any thing seized under section 13.4 or 13.4.2.
However, the judge may reduce the amount if he is convinced that the Minister unduly delayed instituting proceedings or caused the commencement of proceedings to be delayed without sufficient cause.
Upon an application of the Minister made within 30 days after a judgment has been rendered in proceedings to impose a penal sanction for an offence under this Act or, in cases where the defendant is deemed to have been convicted of the offence, within 90 days after service of the statement of offence, a judge may also order the confiscation of packages of tobacco seized under section 13.4 or 13.4.2 where the unlawful possession of such packages prevents their return to the person from whom they were seized or to a person who claims to have a right therein, and, in cases where a defendant has been convicted of, or is deemed to have been convicted of, an offence under this Act, in addition to any penalty otherwise prescribed for the offence, the confiscation of any thing seized under section 13.4 or 13.4.2, of the deposit referred to in section 13.4.3 or of the proceeds referred to in section 13.5.
Prior notice of not less than one clear day of an application under this section shall be served on the defendant, on the person from whom the thing was seized and on the persons claiming a right in the thing seized or in the proceeds referred to in section 13.5, except when they are in the presence of the judge.
Where the confiscation of packages of tobacco or the proceeds of the sale of such packages as provided in section 13.5 is ordered, the judge may, at the request of the Minister, authorize the Minister to destroy or dispose of the packages of tobacco or the proceeds of the sale of such packages as provided in section 13.5 for the benefit of community bodies working in the health and social service sector.
1986, c. 17, s. 6; 1991, c. 16, s. 15; 1993, c. 79, s. 24.
15.1. Where a person is convicted of an offence against this Act, the Minister may, on a motion to a judge of the Court of Québec within 30 days from the day on which the person was convicted, request the confiscation for his benefit of any thing seized pursuant to section 13.4 or 13.4.2 or of the proceeds referred to in section 13.5.
The judge must order the confiscation if the person does not establish that he is able to pay the amount of the fine or any assessment or re-assessment issued under this Act and any costs related to the seizure and the preservation of the thing referred to in the motion.
Any person, other than the offender, who wishes to revendicate a thing seized and retained under section 13.4 or section 13.4.2 or the proceeds referred to in section 13.5 may obtain the release thereof on presenting a motion to the Court of Québec stating his name and residence and setting out under oath the nature of his right in the seized thing or in the proceeds; the court may thereupon order, on such conditions as it determines, the release of the thing seized or the proceeds, as the case may be.
1986, c. 17, s. 6; 1991, c. 16, s. 15.
15.1. Where a court convicts a person of having contravened this Act, the seizure effected under section 13.4 and, where such is the case, under section 13.5 is maintained until the fine and costs, including the cost of custody, are paid.
If the fine and costs, including the cost of custody, are not paid within six months of the date of conviction, the proceeds referred to in section 13.5 shall be confiscated and applied to that payment and, where the sum is insufficient, the seized property shall be confiscated and sold as prescribed by regulation. If the proceeds of the sale exceed the sum of the fine and costs, including the costs of custody and sale of the property, the balance shall be remitted to the person who owned the property when it was seized.
Every person, other than the offender, who wishes to revendicate, after the commencement of a prosecution the effect of which may be the confiscation contemplated in the second paragraph, the property seized and retained under section 13.4 or the proceeds referred to in section 13.5, may obtain the release thereof on presenting to the court before which such proceedings are taken, a petition stating his name, residence and setting out under oath the nature of his right to the seized property.
The court may thereupon order, on such conditions as it determines, the release of the seized property and sale proceeds, if any.
1986, c. 17, s. 6.
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