C-28 - Safe-Deposit Boxes Act

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter C-28

Safe-Deposit Boxes Act

1. No safe leased by any safe-deposit company, nor any receptacle of any kind, while stored upon the premises of any such company, shall be opened by any person except by the person to whom such safe was leased or by whom such receptacle was stored, or by some person authorized by him, or by the legal representatives of some person having the right of opening the same, unless under the provisions of this Act or of the Code of Penal Procedure (chapter C-25.1) relating to search, any law to the contrary notwithstanding.

R. S. 1964, c. 279, s. 1; 1990, c. 4, s. 263.

2. The Superior Court of the district in which the premises of any safe-deposit company are situated may grant a warrant authorizing the opening of any such safe or receptacle, under any circumstance, other than circumstances giving rise to the issue of a search warrant, in which, but for the provisions of this Act, any court in Québec might have authorized the opening thereof.

R. S. 1964, c. 279, s. 2; 1990, c. 4, s. 264.

3. Such warrant shall only be granted on an application to the court, at the expense of the party making the same, and after notice by advertisement or by registered mail, or otherwise as the court may direct, to all persons whose legal interests are likely, in the opinion of the court, to be affected by the loss of the contents of such safe or receptacle.

R. S. 1964, c. 279, s. 3; 1975, c. 83, s. 84; I.N. 2016-01-01 (NCCP).

4. Upon its being established, to the satisfaction of the court, that such notice has been given, the court may issue a warrant, addressed to such safe-deposit company, ordering the opening of the safe or receptacle in question, upon such terms and conditions as may be judged necessary.

R. S. 1964, c. 279, s. 4.

5. No such warrant shall be issued except upon condition that the applicant shall deposit, with the company, such sum as may be necessary to pay the expenses of opening the safe or receptacle, and restoring the same afterwards to the same state and condition.

R. S. 1964, c. 279, s. 5.

6. No such safe or receptacle shall be opened except in the presence of a notary duly authorized by the applicant, who shall prepare, at the applicant’s expense, a report mentioning the parties present at the opening and stating the contents of the safe or receptacle, and shall deliver one copy thereof to the safe-deposit company and another copy thereof to the clerk of the Superior Court.

R. S. 1964, c. 279, s. 6.

7. The court may, upon the deposit of such report, make such further order, with regard to the disposal of the contents of such safe or receptacle, as to law and justice may appertain.

R. S. 1964, c. 279, s. 7.

8. Upon compliance with such order, the company shall be finally discharged in respect of all its duties and obligations for the safe custody of the contents of such safe or receptacle.

R. S. 1964, c. 279, s. 8.

9. Any person violating the provisions of this Act shall be subject to a fine of $100.

R. S. 1964, c. 279, s. 9; 1986, c. 86, s. 19.

9.1. The Minister of Public Security is responsible for the administration of this Act.

1986, c. 86, s. 20; 1988, c. 46, s. 24.

10. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 279 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter C-28 of the Revised Statutes.