I-8.1 - Act respecting offences relating to alcoholic beverages

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter I-8.1

Act respecting offences relating to alcoholic beverages

This act was formerly entitled: “An Act respecting the Commission de contrôle des permis d’alcool”. The title was replaced by section 118 of chapter 71 of the statutes of 1979.

1979, c. 71, s. 118.

DIVISION I INTERPRETATION AND SCOPE

1993, c. 71, s. 12.

1. (Repealed).

1971, c. 19, s. 1; 1990, c. 4, s. 460.

2. In this Act, the following expressions mean:

(1)  “alcohol” : the product of distillation of any fermented liquid, whatever its origin, rectified once or oftener, also synthetic ethyl alcohol and alcohol which is considered non-potable under customs laws;

(1.1)  “ethyl alcohol” : any material or substance whether in liquid or any other form, containing any proportion by mass or by volume of absolute ethyl alcohol (C2H5OH);

(2)  “amphitheatre” : an establishment comprising stepped rows of seats and an arena disposed so as to allow the presentation of a match or spectacle;

(3)  (paragraph repealed);

(4)  “beer” : the beverage obtained by the alcoholic fermentation in drinking water of an infusion or decoction of barley malt, hops or any other similar product as well as the beverages referred to in subparagraph 2 of the first paragraph of section 24.2 or of section 25 of the Act respecting the Société des alcools du Québec (chapter S‐13);

(5)  “alcoholic beverages” : the five varieties of beverages defined in this section, namely: alcohol, spirits, wine, cider and beer, and every liquid or solid containing ethyl alcohol and capable of being consumed by a person, provided that such beverages, liquids or solids contain more than 0.5% of ethyl alcohol by volume. Any liquid or solid containing more than one of the five varieties above mentioned is considered as belonging to that variety which has the higher percentage of alcohol, in the following order: alcohol, spirits, wine, cider and beer;

(6)  (paragraph repealed);

(7)  “cider” : the beverage obtained by the alcoholic fermentation of apple juice;

(8)  (paragraph repealed);

(9)  “weak cider” : cider containing not more than 7% of alcohol by volume;

(10)  “to peddle” : to carry alcohol, spirits, cider, wine or beer on one’s person or to transport it with one, or with the aid of another person, with intent to sell it outside any establishment where the sale thereof is allowed;

(11)  (paragraph repealed);

(12)  “legal person” : a legal person established for a private interest or in the public interest or a cooperative governed by the Cooperatives Act (chapter C‐67.2);

(13)  “establishment” : any premises where a permit is in use or where alcoholic beverages are manufactured under any Act of the Parliament of Canada and the appurtenances of those premises;

(14)  (paragraph repealed);

(15)  (paragraph repealed);

(16)  “disorderly house” : a disorderly house within the meaning of Part VII of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46);

(17)  “hunting or fishing lodge” : an establishment erected in a hunting or fishing territory, equipped for lodging and meals and kept by the holder of a hunting or fishing outfitter’s licence under section 52 of the Act respecting the conservation and development of wildlife (chapter C‐61.1);

(18)  “permit” : a permit authorizing alcoholic beverages to be sold or served the issuance of which is authorized by the Act respecting liquor permits (chapter P‐9.1)or a permit regarded as such a permit under section 2.0.1;

(19)  “person” : a person or partnership;

(20)  “race-track” : a piece of ground specially laid out for horse races, automobile races or other kinds of races;

(21)  (paragraph repealed);

(22)  (paragraph repealed);

(23)  “whosoever” : the offender as well as his mandatary, representative and any person under his control;

(23.1)  “board” : the Régie des alcools, des courses et des jeux;

(24)  “Corporation” : the Société des alcools du Québec;

(25)  (paragraph repealed);

(26)  “meal” : food sufficient to constitute a person’s lunch or dinner;

(27)  “residence” : the room or group of rooms comprising the dwelling of a person, including the basement;

(28)  (paragraph repealed);

(29)  “spirits” : alcoholic beverages obtained by the distillation of fermented food substances;

(30)  (paragraph repealed);

(31)  “vehicle” : anything used for transportation;

(32)  “to sell” : with reference to anything forbidden by this Act:

(a)  to solicit or receive an order for alcoholic beverages;

(b)  to keep or expose them for sale;

(c)  to deliver them for value or otherwise than gratuitously;

(d)  to deliver them, even gratuitously, in a disorderly house;

(e)  to peddle them;

(f)  to keep or possess them with intent to sell them;

(g)  to keep or possess them in violation of section 91 or transport them in violation of sections 92 to 95;

(h)  to traffic in them;

(i)  to procure them for or allow them to be procured by another person, for any consideration promised or obtained directly or indirectly and on any pretext or by any means whatsoever;

(33)  “wine” : the beverage obtained by the alcoholic fermentation of grape juice, reconstituted grape juice or grape mash;

(33.1)  (paragraph repealed);

(34)  (paragraph repealed);

(35)  (paragraph repealed).

1971, c. 19, s. 2; 1974, c. 14, s. 1; 1977, c. 5, s. 14; 1978, c. 67, s. 3; 1979, c. 71, s. 119; 1983, c. 30, s. 11; 1982, c. 26, s. 291; 1986, c. 96, s. 1; 1992, c. 17, s. 13; 1993, c. 39, s. 95; 1993, c. 71, s. 13; 1996, c. 34, s. 37; 1997, c. 51, s. 11; 1999, c. 40, s. 150; 1999, c. 53, s. 3.

2.0.1. For the purposes of this Act, a permit issued by an authority designated under an agreement concerning liquor permits concluded between the Government and a Mohawk community shall, unless otherwise required by the context and provided the agreement is complied with, be regarded as a permit of the class corresponding to the activities authorized under the permit that has been issued under the Act respecting liquor permits (chapter P-9.1).

The designated authority shall, as regards the permits it issues and the territory under its jurisdiction, replace the board for the purposes of section 85, paragraph 6 of section 109, section 115 and paragraph 5 of section 126.

1999, c. 53, s. 4.

2.1. This Act applies to the Government and to the departments and bodies thereof.

1993, c. 71, s. 14.

DIVISION II

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

3. (Repealed).

1971, c. 19, s. 3; 1974, c. 14, s. 2; 1977, c. 5, s. 14; 1979, c. 71, s. 120.

4. (Repealed).

1974, c. 14, s. 3; 1979, c. 71, s. 120.

5. (Repealed).

1971, c. 19, s. 4; 1979, c. 71, s. 120.

6. (Repealed).

1974, c. 14, s. 4; 1979, c. 71, s. 120.

7. (Repealed).

1971, c. 19, s. 5; 1979, c. 71, s. 120.

8. (Repealed).

1971, c. 19, s. 6; 1979, c. 71, s. 120.

9. (Repealed).

1971, c. 19, s. 7; 1974, c. 14, s. 5; 1979, c. 71, s. 120.

10. (Repealed).

1971, c. 19, s. 8; 1979, c. 71, s. 120.

11. (Repealed).

1971, c. 19, s. 9; 1979, c. 71, s. 120.

12. (Repealed).

1971, c. 19, s. 10; 1974, c. 14, s. 6; 1979, c. 71, s. 120.

13. (Repealed).

1971, c. 19, s. 11; 1977, c. 5, s. 14; 1979, c. 71, s. 120.

DIVISION III

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

14. (Repealed).

1971, c. 19, s. 12; 1979, c. 71, s. 120.

§ 1 . —

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

15. (Repealed).

1971, c. 19, s. 13; 1974, c. 14, s. 8; 1979, c. 71, s. 120.

§ 2 . —

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

16. (Repealed).

1971, c. 19, s. 15; 1974, c. 14, s. 10; 1977, c. 56, s. 13; 1979, c. 71, s. 120.

17. (Repealed).

1971, c. 19, s. 16; 1974, c. 14, s. 10; 1977, c. 56, s. 13; 1979, c. 71, s. 120.

18. (Repealed).

1971, c. 19, s. 17; 1972, c. 18, s. 1; 1974, c. 14, s. 11; 1979, c. 71, s. 120.

19. (Repealed).

1971, c. 19, s. 18; 1979, c. 71, s. 120.

20. (Repealed).

1971, c. 19, s. 20; 1972, c. 18, s. 2; 1974, c. 14, s. 13; 1978, c. 67, s. 4; 1979, c. 71, s. 120.

21. (Repealed).

1974, c. 14, s. 14; 1979, c. 71, s. 120.

22. (Repealed).

1971, c. 19, s. 21; 1979, c. 71, s. 120.

23. (Repealed).

1971, c. 19, s. 22; 1974, c. 14, s. 15; 1979, c. 71, s. 120.

24. (Repealed).

1971, c. 19, s. 23; 1974, c. 14, s. 16; 1979, c. 71, s. 120.

25. (Repealed).

1971, c. 19, s. 24; 1974, c. 14, s. 17; 1979, c. 71, s. 120.

26. (Repealed).

1971, c. 19, s. 28; 1974, c. 14, s. 19; 1979, c. 71, s. 120.

27. (Repealed).

1971, c. 19, s. 33; 1979, c. 71, s. 120.

28. (Repealed).

1971, c. 19, s. 34; 1979, c. 71, s. 120.

§ 3 . —

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

29. (Repealed).

1971, c. 19, s. 35; 1979, c. 71, s. 120.

§ 4 . —

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

30. (Repealed).

1971, c. 19, s. 36; 1974, c. 14, s. 23 (part); 1979, c. 71, s. 120.

31. (Repealed).

1971, c. 19, s. 37; 1974, c. 14, s. 24; 1979, c. 71, s. 120.

32. (Repealed).

1974, c. 14, s. 25; 1979, c. 71, s. 120.

33. (Repealed).

1971, c. 19, s. 38; 1974, c. 14, s. 26; 1979, c. 71, s. 120.

34. (Repealed).

1971, c. 19, s. 39; 1972, c. 18, s. 4; 1974, c. 14, s. 27; 1979, c. 71, s. 120.

35. (Repealed).

1971, c. 19, s. 40; 1974, c. 14, s. 28; 1979, c. 71, s. 120.

36. (Repealed).

1971, c. 19, s. 41; 1974, c. 14, s. 29; 1978, c. 15, s. 133, s. 140; 1979, c. 71, s. 120.

37. (Repealed).

1971, c. 19, s. 42; 1974, c. 14, s. 30; 1979, c. 71, s. 120.

38. (Repealed).

1971, c. 19, s. 43; 1974, c. 14, s. 31; 1979, c. 71, s. 120.

39. (Repealed).

1971, c. 19, s. 44; 1974, c. 14, s. 32; 1979, c. 71, s. 120.

40. (Repealed).

1971, c. 19, s. 45; 1972, c. 18, s. 5; 1979, c. 71, s. 120.

41. (Repealed).

1971, c. 19, s. 46; 1979, c. 71, s. 120.

42. (Repealed).

1971, c. 19, s. 47; 1979, c. 71, s. 120.

43. (Repealed).

1971, c. 19, s. 48; 1974, c. 14, s. 33; 1979, c. 71, s. 120.

44. (Repealed).

1971, c. 19, s. 49; 1974, c. 14, s. 34; 1979, c. 71, s. 120.

45. (Repealed).

1971, c. 19, s. 50; 1974, c. 14, s. 35; 1975, c. 83, s. 84; 1979, c. 71, s. 120.

46. (Repealed).

1971, c. 19, s. 51; 1974, c. 14, s. 36; 1979, c. 71, s. 120.

47. (Repealed).

1971, c. 19, s. 52; 1979, c. 71, s. 120.

48. (Repealed).

1971, c. 19, s. 53; 1974, c. 14, s. 37; 1979, c. 71, s. 120.

§ 5 . —

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

49. (Repealed).

1971, c. 19, s. 54; 1979, c. 71, s. 120.

50. (Repealed).

1971, c. 19, s. 55; 1974, c. 14, s. 38; 1979, c. 71, s. 120.

51. (Repealed).

1971, c. 19, s. 56; 1974, c. 14, s. 39; 1979, c. 71, s. 120.

§ 6 . —

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

52. (Repealed).

1971, c. 19, s. 57; 1974, c. 14, s. 40; 1979, c. 71, s. 120.

53. (Repealed).

1971, c. 19, s. 58; 1974, c. 14, s. 41; 1979, c. 71, s. 120.

54. (Repealed).

1971, c. 19, s. 59; 1972, c. 18, s. 6; 1974, c. 14, s. 42; 1979, c. 71, s. 120.

55. (Repealed).

1971, c. 19, s. 60; 1974, c. 14, s. 43; 1979, c. 71, s. 120.

§ 7 . —

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

56. (Repealed).

1971, c. 19, s. 61; 1974, c. 14, s. 44; 1975, c. 83, s. 84; 1979, c. 71, s. 120.

57. (Repealed).

1971, c. 19, s. 62; 1974, c. 14, s. 45; 1979, c. 71, s. 120.

58. (Repealed).

1974, c. 14, s. 46; 1979, c. 71, s. 120.

59. (Repealed).

1971, c. 19, s. 63; 1974, c. 14, s. 47; 1979, c. 71, s. 120.

60. (Repealed).

1971, c. 19, s. 64; 1974, c. 14, s. 48; 1979, c. 71, s. 120.

61. (Repealed).

1971, c. 19, s. 65; 1974, c. 14, s. 49; 1975, c. 83, s. 84; 1979, c. 71, s. 120.

62. (Repealed).

1971, c. 19, s. 66; 1974, c. 14, s. 50; 1979, c. 71, s. 120.

63. (Repealed).

1974, c. 14, s. 51; 1979, c. 71, s. 120.

§ 8 . —

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

64. (Repealed).

1971, c. 19, s. 67; 1974, c. 14, s. 52; 1979, c. 71, s. 120.

65. (Repealed).

1971, c. 19, s. 68; 1974, c. 14, s. 53; 1979, c. 71, s. 120.

66. (Repealed).

1971, c. 19, s. 69; 1974, c. 14, s. 54; 1979, c. 71, s. 120.

§ 9 . —

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

67. (Repealed).

1971, c. 19, s. 70; 1974, c. 14, s. 55; 1979, c. 72, s. 324; 1979, c. 71, s. 120.

68. (Repealed).

1971, c. 19, s. 71; 1979, c. 71, s. 120.

DIVISION IV

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

69. (Repealed).

1971, c. 19, s. 72; 1974, c. 14, s. 56; 1978, c. 67, s. 5; 1979, c. 71, s. 120.

DIVISION V

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

70. (Repealed).

1971, c. 19, s. 74; 1974, c. 14, s. 58; 1979, c. 71, s. 120.

71. (Repealed).

1971, c. 19, s. 75; 1974, c. 14, s. 59; 1979, c. 71, s. 120.

72. (Repealed).

1971, c. 19, s. 76; 1974, c. 14, s. 60; 1979, c. 71, s. 120.

73. (Repealed).

1971, c. 19, s. 77; 1974, c. 14, s. 61; 1979, c. 71, s. 120.

74. (Repealed).

1971, c. 19, s. 78; 1979, c. 71, s. 120.

75. (Repealed).

1971, c. 19, s. 79; 1979, c. 71, s. 120.

76. (Repealed).

1971, c. 19, s. 80; 1979, c. 71, s. 120.

77. (Repealed).

1971, c. 19, s. 81; 1974, c. 14, s. 62; 1979, c. 71, s. 120.

78. (Repealed).

1971, c. 19, s. 82; 1974, c. 14, s. 63; 1979, c. 71, s. 120.

DIVISION VI

Repealed, 1979, c. 71, s. 120.

1979, c. 71, s. 120.

79. (Repealed).

1971, c. 19, s. 83; 1979, c. 71, s. 120.

DIVISION VII PROHIBITION TO SELL

§ 1 . —

Heading repealed, 1983, c. 30, s. 12.

1983, c. 30, s. 12.

80. The sale or delivery of alcoholic beverages is forbidden in Québec.

However, the sale or delivery of alcoholic beverages is permitted in the cases contemplated by this Act, the Act respecting liquor permits (chapter P-9.1) and the Act respecting the Société des alcools du Québec (chapter S-13), by the persons contemplated in these Acts.

1971, c. 19, s. 84; 1979, c. 71, s. 146, s. 160; 1983, c. 30, s. 13; 1986, c. 96, s. 2.

81. (Repealed).

1971, c. 19, s. 85; 1975, c. 83, s. 84; 1979, c. 71, s. 121, s. 160; 1986, c. 95, s. 144.

82. (Repealed).

1971, c. 19, s. 86; 1974, c. 14, s. 64; 1979, c. 71, s. 122.

82.1. Subject to the rights conferred on him by the Act respecting the Société des alcools du Québec (chapter S-13) as the holder of a small-scale production permit or a small-scale beer producer’s permit, no permit holder may keep, possess or sell in his establishment

(1)  alcoholic beverages, other than beer, weak cider or alcoholic beverages referred to in the second paragraph, not purchased directly from the Corporation;

(2)  weak cider not purchased directly from the Corporation, from a holder of a cider maker’s permit issued under the Act respecting the Société des alcools du Québec or from an agent of the holder of a cider maker’s permit;

(3)  beer not purchased directly from the Corporation, from the holder of a brewer’s or beer distributor’s permit issued under the Act respecting the Société des alcools du Québec or from an agent of the holder of a brewer’s or beer distributor’s permit.

No holder of a permit authorizing alcoholic beverages to be sold or served for consumption on the premises may keep, possess or sell in his establishment alcoholic beverages made by the holder of a small-scale production permit not purchased directly from the Corporation or from that permit holder.

Subparagraph 1 of the first paragraph does not apply to the holder of a reunion permit unless he is also the holder of another permit authorizing alcoholic beverages to be sold or served for consumption on the premises. Subparagraphs 2 and 3 of that paragraph do not apply to the holder of a reunion permit.

1986, c. 96, s. 3; 1986, c. 111, s. 12; 1992, c. 17, s. 14; 1996, c. 34, s. 38.

83. Subject to section 82.1, paragraph i of section 91 and to the right of the holder of a permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) to have alcoholic beverages in his possession for purposes authorized by his permit, possession or keeping of the following is forbidden:

(1)  wines other than those determined by regulation under paragraph 7 of section 37 of the Act respecting the Société des alcools du Québec, alcohol or spirits not purchased directly from the Corporation or a person authorized by it;

(2)  wines or alcoholic beverages determined by regulation under paragraph 7 of section 37 of the Act respecting the Société des alcools du Québec, not purchased directly from the Corporation, from a person authorized by it or from a grocery permit holder;

(3)  weak cider not purchased directly from the Corporation, a person authorized by it or a grocery permit or cider seller’s permit holder;

(4)  cider other than weak cider not purchased directly from the Corporation, a person authorized by it, or a grocery permit or cider seller’s permit holder;

(4.1)  beer not purchased directly from the Corporation, from a person authorized by it or from the holder of a grocery permit;

(5)  alcoholic beverages made by the holder of a small-scale production permit issued under the Act respecting the Société des alcools du Québec, not purchased directly from the Corporation or from the permit holder;

(6)  beer, made by the holder of a small-scale beer producer’s permit issued under the Act respecting the Société des alcools du Québec, not purchased directly from the Corporation.

1971, c. 19, s. 87; 1983, c. 30, s. 14; 1986, c. 96, s. 4; 1986, c. 111, s. 13; 1996, c. 34, s. 39; I.N. 2016-04-01.

83.1. (Repealed).

1983, c. 30, s. 14; 1990, c. 67, s. 8.

83.2. The holder of a small-scale production permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) is forbidden to sell to the holder of a permit authorizing alcoholic beverages to be sold or served for consumption on the premises any container containing an alcoholic beverage made by him to which he has not affixed a numbered sticker issued by the board under section 29.1 of the said Act or to which he has affixed such a sticker but without following the numerical order of the stickers.

1996, c. 34, s. 40.

84. The holder of a permit is forbidden to keep, in the establishment where such permit is used, any container of alcoholic beverages other than beer and cider to which the Corporation’s stamp is not affixed, or any container containing an alcoholic beverage made by the holder of a small-scale production permit to which a numbered sticker issued by the board is not affixed.

The rule provided in the first paragraph does not apply to the holder of a reunion permit, unless he is also the holder of another permit entitling him to sell or serve alcoholic beverages for consumption on the premises, nor the holder of a grocery permit.

1971, c. 19, s. 88; 1974, c. 14, s. 65; 1978, c. 67, s. 6; 1979, c. 71, s. 123; 1986, c. 96, s. 5; 1990, c. 67, s. 9; 1996, c. 34, s. 41.

84.1. The alcoholic beverages which the holder of a permit for the sale thereof procures for distribution to his customers or guests must, while in the establishment where he carries on his business, be kept in the receptacles in which they were delivered to him or in a tubing system that meets the standards prescribed by regulation of the board.

While these receptacles bear the marks or labels which they bore when delivered, it is forbidden to put therein any other substance, and the holder of the permit, when a receptacle has been broached, shall not fill it completely or partially in order to serve any alcoholic beverage.

However, the holder of a restaurant sales permit may, between 11 a.m. and 2 p.m. and between 5 p.m. and 8 p.m., prepare carafes of wine in advance, provided that outside those hours, the wine remaining in the carafes is destroyed or eliminated.

1979, c. 71, s. 124; 2002, c. 58, s. 1.

85. In any establishment where a permit is used, it is forbidden, subject to sections 68 and 76 of the Act respecting liquor permits (chapter P-9.1), to sell or serve alcoholic beverages elsewhere than in the room or on the terrace designated by the board.

1971, c. 19, s. 89; 1974, c. 14, s. 66; 1979, c. 71, s. 125; 1993, c. 39, s. 95.

86. (Repealed).

1971, c. 19, s. 90; 1974, c. 14, s. 67; 1979, c. 71, s. 126.

87. It is forbidden to use or allow the use of any mark or label, on a receptacle in which alcoholic beverages are kept for sale in any place, which does not precisely indicate the nature of the contents of that receptacle, or which might in any way deceive any customer or guest as to the nature, composition or quality of such contents.

1971, c. 19, s. 91; 1979, c. 71, s. 127.

88. It is forbidden to mix or cause to be mixed an alcoholic beverage which a holder of a permit is not authorized to sell with an alcoholic beverage the sale of which is authorized by such permit.

The same applies in respect of alcoholic beverages made by the holder of a small-scale production permit or a brewer’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13), subject to the holder’s rights under that Act.

1971, c. 19, s. 92; 1996, c. 34, s. 42; 1997, c. 32, s. 8.

§ 2 . —

Heading repealed, 1983, c. 30, s. 15.

1983, c. 30, s. 15.

89. The sale or delivery of beer is forbidden in Québec, unless such sale or delivery is made

(a)  by the Corporation;

(b)  by the holder of a permit issued under the Act respecting the Société des alcools du Québec (chapter S-13);

(c)  by a holder of a permit.

1971, c. 19, s. 93; 1983, c. 30, s. 16; 1993, c. 71, s. 15.

DIVISION VIII

Repealed, 1992, c. 21, s. 174.

1992, c. 21, s. 174.

90. (Repealed).

1971, c. 19, s. 94; 1971, c. 48, s. 161; 1979, c. 71, s. 160; 1992, c. 21, s. 174.

DIVISION IX POSSESSION OF ALCOHOLIC BEVERAGES

91. No alcoholic beverage shall be kept or possessed in Québec, except

(a)  in the stores and warehouses of the Corporation or in those of a person authorized by it;

(b)  in the establishments where a permit issued under the Act respecting liquor permits (chapter P-9.1) or the Act respecting the Société des alcools du Québec (chapter S-13) is used, provided that the kind of alcoholic beverage concerned is one the sale of which is authorized by the permit;

(c)  in establishments where it is expressly permitted by the board to keep a kind of alcoholic beverage concerned provided that it is this kind of alcoholic beverage;

(d)  in establishments where, by exception, it is permitted by law to keep it, provided that the kind of alcoholic beverage concerned is one which may be kept there under this Act or the Act respecting liquor permits;

(e)  in the residence of any person, or in the person’s business establishment where a permit is not in use, provided that the alcoholic beverage has been acquired legally and is not kept with intent to sell it;

(f)  in the baggage of a traveller carrying it for his personal use;

(g)  in the case of wine, in churches, chapels and their dependencies;

(h)  in the factory or warehouse of any distiller who holds a permit from the Government of Canada for the manufacture of alcohol and spirits, or in the factory or warehouse of a wine or cider maker having a permit issued under the Act respecting the Société des alcools du Québec, provided that the alcoholic beverage concerned is one manufactured by such distiller or wine maker;

(i)  by a person in his residence, provided that it is home-made beer, cider or wine which is not kept for the purpose of selling it;

(j)  by a person if it has been acquired legally from the holder of a restaurant sales permit or bar permit.

1971, c. 19, s. 95; 1979, c. 71, s. 146, s. 160; 1979, c. 71, s. 147; 1983, c. 30, s. 17; 1993, c. 39, s. 95; 1999, c. 40, s. 150; 2002, c. 58, s. 2; 2013, c. 16, s. 206.

91.1. No owner, lessee or occupant of premises where the public is admitted may allow the drinking of alcoholic beverages therein unless he holds, for such premises, a permit issued under the Act respecting liquor permits (chapter P-9.1) or a small-scale production permit or a brewer’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) and, except in the case of a restaurant service permit, unless they are beverages he has bought or made under the permit he holds.

1982, c. 32, s. 111; 1986, c. 96, s. 6; 1996, c. 34, s. 43; 1997, c. 32, s. 9.

DIVISION X TRANSPORTATION OF ALCOHOLIC BEVERAGES

92. No alcoholic beverage, except beer and weak cider, the transportation of which is dealt with in section 93, shall be transported in Québec except

(a)  by or for the Corporation;

(b)  by any person who acquired it legally from the Corporation or who acquired it after authorization by the Corporation;

(c)  by any holder of a permit issued under the Act respecting the Société des alcools du Québec (chapter S-13), other than a brewer’s permit, a small-scale beer producer’s permit or a beer distributor’s permit, for purposes authorized by his permit;

(d)  by any person having legally acquired cider other than weak cider from a cider seller’s permit holder;

(e)  by any person having legally acquired alcoholic beverages from a grocery permit holder;

(f)  by any person who acquired it legally from a holder of a small-scale production permit or a brewer’s permit issued under the Act respecting the Société des alcools du Québec;

(g)  by any person who acquired it legally from a holder of a restaurant sales permit or bar permit;

(h)  by any holder of a restaurant sales permit, for purposes authorized by his permit.

1971, c. 19, s. 96; 1978, c. 67, s. 7; 1983, c. 30, s. 18; 1986, c. 111, s. 14; 1992, c. 17, s. 15; 1996, c. 34, s. 44; 1997, c. 32, s. 10; 2002, c. 58, s. 3; 2013, c. 16, s. 207.

93. No beer or weak cider shall be transported in Québec, except

(a)  directly from the establishment of the maker or the holder of a beer distributor’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) to a warehouse or the establishment of a person holding a permit to sell it;

(a.1)  directly from the maker’s establishment or warehouse to a store or warehouse of the Corporation or to any place designated by the Corporation;

(a.2)  for the purposes of section 23 of the Act respecting the Société des alcools du Québec, directly from the establishment or warehouse of the holder of a beer distributor’s permit issued under the said Act to a store or warehouse of the Corporation or to any place designated by the Corporation;

(b)  from a warehouse to another warehouse or to the establishment of a holder of a permit to sell it;

(c)  from a maker’s establishment or from a warehouse to a place outside Québec;

(d)  by a person who has legally acquired them from the Corporation, from a person authorized by the Corporation or from a grocery permit holder;

(e)  by a person who acquired it legally from a holder of a small-scale production permit or a brewer’s permit issued under the Act respecting the Société des alcools du Québec;

(f)  by a person who acquired it legally from a holder of a restaurant sales permit;

(g)  by a holder of a restaurant sales permit, for purposes authorized by his permit.

However, any person who has lawfully acquired weak cider from a cider seller may transport such cider.

In this section, unless the context indicates otherwise, “a warehouse” means a place for which a maker or the holder of a beer distributor’s permit holds a warehouse permit issued under the Act respecting the Société des alcools du Québec.

1971, c. 19, s. 97; 1986, c. 96, s. 7; 1986, c. 111, s. 15; 1992, c. 17, s. 16; 1997, c. 32, s. 11; 2002, c. 58, s. 4.

94. In the cases of paragraph e of section 92 and of paragraph d of section 93, the holder of a grocery permit may effect such transportation himself if it is in the local municipal territory in which the store is situated or in an adjoining local municipal territory where no prohibition by-law is in force.

Transportation outside such territories must be effected:

(a)  by railway, boat or public trucking or air service, but such transportation shall not be made by the vendor or his representative or by any person interested in the sale;

(b)  by the purchaser himself, directly to his residence or, if he holds a permit to sell beer or cider, to the establishment where he uses his permit, provided that he transports such beer or cider in his own vehicle or a vehicle leased by him.

If beer or cider is transported by railway, boat or public trucking or air service, the person transporting such beer or cider shall exhibit, upon request, a bill of lading or way-bill stating the name and address of the shipper and the name and address of the consignee.

1971, c. 19, s. 98; 1983, c. 30, s. 19; 1996, c. 2, s. 693.

95. Nothing in this Act shall be construed as forbidding transportation in transit, in Québec, of alcoholic beverages but, if such transportation is effected without a bill of lading or way-bill indicating the shipment of such beverages from a place outside Québec to another place also outside Québec, there shall be an absolute presumption that it is intended for delivery in Québec.

1971, c. 19, s. 99.

DIVISION X.1 POSSESSION AND TRANSPORTATION OF ALCOHOLIC BEVERAGES ACQUIRED IN ANOTHER PROVINCE OR A TERRITORY OF CANADA

2013, c. 16, s. 208.

95.1. The possession and transportation of alcoholic beverages acquired in another province or a territory of Canada are authorized in the quantities and under the terms set by the regulation made under subparagraph 9.2 of the first paragraph of section 37 of the Act respecting the Société des alcools du Québec (chapter S-13).

2013, c. 16, s. 208.

DIVISION XI SPECIAL USE OF ALCOHOLIC BEVERAGES

96. No provision of this Act shall prohibit members of the Ordre professionnel des médecins du Québec, the Ordre professionnel des dentistes du Québec, the Montréal Homoeopathic Association or the Ordre professionnel des médecins vétérinaires du Québec from purchasing and using alcoholic beverages

(a)  for purposes of solution or sterilization;

(b)  in any preparation for external application administered by themselves;

(c)  in compounding medicines, provided the alcoholic beverages used by them are brandy, as defined in the British Pharmacopoeia, or rum.

1971, c. 19, s. 100; 1973, c. 46, s. 43; 1973, c. 49, s. 40; 1973, c. 57, s. 36; 1977, c. 5, s. 229; 1994, c. 40, s. 457.

97. No provision of this Act shall prohibit members of the Ordre professionnel des pharmaciens du Québec:

(a)  from purchasing and using alcoholic beverages for medicinal or pharmaceutical preparations;

(b)  from purchasing ethyl alcohol at 94% (65 O.P.), and selling it for obstetrical or antiseptic purposes, in quantities not exceeding 60 ml, upon prescription of a member of the Ordre professionnel des médecins du Québec, or upon his mere certificate, if the sale is made to him personally.

1971, c. 19, s. 101; 1973, c. 46, s. 43; 1973, c. 51, s. 39; 1977, c. 5, s. 229; 1984, c. 47, s. 213; 1994, c. 40, s. 457.

98. In the cases of sections 96 and 97, the alcoholic beverages must be purchased from the Corporation which may, at its discretion, refuse to sell the quantity requested.

1971, c. 19, s. 102.

99. No provision of this Act shall prohibit the sale of medicated wine by members of the Ordre professionnel des médecins du Québec and by members of the Ordre professionnel des pharmaciens du Québec.

1971, c. 19, s. 103; 1973, c. 46, s. 43; 1973, c. 51, s. 39; 1977, c. 5, s. 229; 1994, c. 40, s. 457.

100. No provision of this Act shall prevent the board from agreeing to the sale and delivery of alcohol by a distiller directly to a manufacturer of articles requiring such alcohol, provided that each quantity of alcohol so sold and delivered is not less than one barrel, and that such sale and delivery is made on such conditions and for such consideration as the board may establish.

1971, c. 19, s. 104; 1979, c. 71, s. 146; 1993, c. 39, s. 95.

101. Every manufacturer of articles for the manufacture or the conservation of which alcohol, spirits, wine or cider other than weak cider is necessary must, on 1 May of each year, make a return to the board:

(a)  of the quantity of each kind of such alcoholic beverages then in his possession;

(b)  of the places where they are kept;

(c)  of the quantities of each kind of such alcoholic beverages which have entered into the manufacture of the products which he is authorized to manufacture;

(d)  of the names and addresses of the persons to whom such products have been delivered;

(e)  of the approximate quantity of each kind of such alcoholic beverages that he will require within the following 12 months.

1971, c. 19, s. 105; 1979, c. 71, s. 160; 1983, c. 30, s. 20; 1993, c. 39, s. 95.

102. No provision of this Act shall, by reason only that the product contains any alcoholic beverage, prohibit the sale:

(a)  of any perfume, lotion, tincture, varnish, dressing, extract, essence, fluid, vinegar or solid food product;

(b)  of any medicinal or pharmaceutical preparation, or of any medicine, intended solely for medicinal purposes, provided that such product does not contain alcohol in excess of the quantity required as a solvent or preservative, or provided that it is so compounded as to render it unsuitable for use as a beverage.

However, if the board is of opinion that a product enumerated in paragraph a of this section contains alcoholic beverages and is used for beverage purposes, it may notify the manufacturer or the vendor accordingly.

From the date of such notice such product shall be deemed an alcoholic beverage within the meaning of this Act.

1971, c. 19, s. 106; 1979, c. 71, s. 146; 1993, c. 39, s. 95.

103. To determine whether any medicine, including a medicated wine, contains alcohol in excess of the quantity required as a solvent or preservative, or whether it is so compounded as to render it unsuitable for use as a beverage, the board may have a sample of such medicine procured by it analysed by such person as it may select.

If it appears from the analysis that the product contains alcohol in excess of the quantity required as a solvent or preservative, or that it is not so compounded as to render it unsuitable for use as a beverage, the board may notify the manufacturer, or the agent in Québec of the manufacturer of such medicine, or the person who has acquired such product for resale, that it is not a medicated wine or a medicine within the meaning of paragraph b of section 102 but an alcoholic beverage to which this Act and the Act respecting liquor permits (chapter P-9.1) apply.

From the notification of such notice such product shall be deemed an alcoholic beverage within the meaning of this Act, and the manufacturer or the person who has acquired it for resale commits an offence against this Act if he sells such product after notification to him of such notice.

The decision of the board that the product concerned is not a medicated wine or medicine, but an alcoholic beverage, shall be published in the Gazette officielle du Québec.

The sending, by registered mail, of a copy of the decision of the board to the manufacturer or his agent in Québec or to the person who has acquired such product for resale, shall constitute the notice provided for in this section.

This section shall not apply to any medicinal or pharmaceutical preparation made up by a pharmacist in accordance with the terms of a physician’s prescription or made up by the physician himself for use in treating a patient under his care.

In this section and in section 99, “medicated wine” means any product containing an alcoholic beverage and medicine, provided that the quantity of alcoholic beverage therein is no more than is strictly necessary for purposes of solution or preservation and that the quantity of medicine is sufficient to render the product unsuitable for use as an alcoholic beverage.

1971, c. 19, s. 107; 1975, c. 83, s. 84; 1979, c. 71, s. 146; 1993, c. 39, s. 95; I.N. 2016-01-01 (NCCP).

DIVISION XI.1 MINORS

1979, c. 71, s. 128.

103.1. The holder of a permit issued under the Act respecting liquor permits (chapter P-9.1) or of a small-scale production permit or brewer’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) shall not sell alcoholic beverages to a minor. Nor shall he sell them to a person of full age if he knows that that person is buying them for a minor.

No holder of a restaurant service permit may serve alcoholic beverages to a minor or allow him to consume them in his establishment. Nor may he serve alcoholic beverages to a person of full age if he knows they are for a minor.

1979, c. 71, s. 128; 1986, c. 96, s. 8; 1996, c. 34, s. 45; 1997, c. 32, s. 12.

103.2. The holder of a public house or “pub” permit, tavern permit or bar permit shall not admit a minor to or allow his presence, employ him, or allow him to present or to participate in a show, in a room or on a terrace of his establishment where alcoholic beverages may be sold.

However, the holder of one of these permits may admit a minor to or allow his presence

(1)  on a terrace, before twenty hours, if the minor is accompanied by his father or mother or the person having parental authority;

(2)  in a room or on a terrace, only so that the minor may cross it;

(3)  in a room or on a terrace access to which is restricted to a group of persons at a reception, if the minor is a member of that group.

1979, c. 71, s. 128.

103.3. Section 103.2 does not apply when the permit is used in a theatre or amphitheatre, at a race-track, in a sports centre, in a hunting or fishing lodge or on the production premises of the holder of a small-scale production permit or of a small-scale beer producer’s permit.

1979, c. 71, s. 128; 1990, c. 67, s. 10; 1996, c. 34, s. 46.

103.4. In proceedings for contravention of section 103.1 or 103.2, the permit holder shall incur no penalty if he proves that he used reasonable diligence to ascertain the age of the person and that he had reasonable ground for believing that that person was of full age or if he proves that he had reasonable ground for believing that it was a case contemplated in the second paragraph of section 103.2.

1979, c. 71, s. 128.

103.5. Any person may be required to prove that he is of full age when he wishes to purchase alcoholic beverages, to be admitted to a public house or “pub”, tavern or bar other than those mentioned in section 103.3, or to remain on a terrace of one of those establishments after twenty hours.

1979, c. 71, s. 128.

103.6. Any person who wishes that a minor be admitted with him to the terrace of a public house or “pub”, of a tavern or of a bar other than those mentioned in section 103.3 may be required to prove that he or she is the father or the mother of that minor or the person having parental authority over him.

1979, c. 71, s. 128.

103.7. The proof contemplated in sections 103.5 and 103.6 may be made by means of a passport, a copy of an act of birth, a motor vehicle driver’s licence or an identity card.

1979, c. 71, s. 128.

103.8. No person may falsely represent that he or she is the father or the mother of a minor or the person having parental authority over him.

1979, c. 71, s. 128.

103.9. A minor shall not

(1)  purchase alcoholic beverages for himself or for another person;

(2)  be found, without a legitimate excuse, in a public house or “pub”, tavern or bar, in contravention of section 103.2; or

(3)  falsely represent that he is a person of full age to purchase alcoholic beverages, to be admitted to a public house or “pub”, tavern or bar, or to remain on the terrace of one of these establishments after twenty hours.

In proceedings for contravention of this section, the burden is on the defendant to prove that he was then of full age.

1979, c. 71, s. 128.

DIVISION XII ADVERTISING OF ALCOHOLIC BEVERAGES

104. It is forbidden:

(a)  to represent by any means that an alcoholic beverage is beneficial to health or possesses nutritive or curative value;

(b)  to advertise or promote alcoholic beverages or offer educational programs in respect of alcoholic beverages in contravention of regulations made under paragraph 12 of section 114 of the Act respecting liquor permits (chapter P-9.1).

1971, c. 19, s. 108; 1979, c. 71, s. 129; 1990, c. 67, s. 11.

105. (Repealed).

1971, c. 19, s. 109; 1974, c. 14, s. 68; 1979, c. 71, s. 130.

DIVISION XIII

Repealed, 1979, c. 71, s. 131.

1979, c. 71, s. 131.

106. (Repealed).

1971, c. 19, s. 110; 1974, c. 14, s. 69; 1979, c. 71, s. 131.

DIVISION XIV PENAL PROVISIONS

1992, c. 61, s. 327.

107. Whosoever, not being the holder of a permit in force to that effect, or not being authorized to do so by this Act, the Act respecting liquor permits (chapter P-9.1), or the Act respecting the Société des alcools du Québec (chapter S-13), sells an alcoholic beverage in Québec is guilty of an offence and liable to a fine of $1,225 to $6,075 and, in the case of a second or subsequent conviction, to a fine of $6,075 to $24,300.

1971, c. 19, s. 111; 1974, c. 14, s. 70; 1979, c. 71, s. 146; 1986, c. 96, s. 9; 1990, c. 4, s. 461; 1991, c. 33, s. 58.

107.1. Any person is guilty of an offence and liable, for a first offence, to a fine of $500 to $1,000 and, for a second or subsequent offence, to a fine of $1,000 to $2,000 who

(1)  sells at wholesale specific constituents of beer or wine or equipment for the domestic manufacture of beer or wine without being the holder of a raw material and equipment whosesaler’s permit issued under the Act respecting liquor permits (chapter P-9.1);

(2)  sells such products at retail without being the holder of a raw material and equipment retailer’s permit issued under the Act respecting liquor permits;

(3)  being the holder of a raw material and equipment retailer’s permit, purchases such products from a person who is not the holder of a raw material and equipment whosesaler’s permit.

1996, c. 34, s. 47.

108. Whosoever, being the holder of a permit:

(1)  sells any alcoholic beverage of a kind other than that which his permit or this Act authorizes him to sell, unless the person is an agent of the Corporation according to paragraph e of section 17 of the Act respecting the Société des alcools du Québec (chapter S-13);

(1.1)  which is a restaurant service permit, serves or allows his patrons to consume alcoholic beverages of a kind other than those for which he is authorized for those purposes by his permit;

(1.2)  which is a restaurant service permit, possesses or keeps in his establishment alcoholic beverages other than those used in the preparation of the food cooked in the restaurant;

(1.3)  contravenes any provisions of section 77.1 or 77.2 of the Act respecting liquor permits (chapter P-9.1);

(2)  other than a grocery permit, sells or has in his possession any container of alcoholic beverages other than beer or cider to which the Corporation’s stamp is not affixed or, in the case of alcoholic beverages made by the holder of a small-scale production permit, any container to which a numbered sticker issued by the board is not affixed;

(2.1)   keeps or allows to be kept in his establishment an alcoholic beverage containing an insect, unless that insect is an ingredient in the making of the alcoholic beverage;

(3)  sells alcoholic beverages which his permit or this Act authorizes him to sell, but to a person other than one to whom his permit or this Act authorizes him to sell them;

(4)  (subparagraph repealed);

(5)  keeps or allows to be kept, elsewhere than in his residence and for his personal use, an alcoholic beverage other than that which he is authorized to sell under his permit; or

(6)  for the sale of an alcoholic beverage cashes or permits the cashing in his establishment of cheques or other evidences of indebtedness issued in payment of salaries, family benefits or social allowances,

is guilty of an offence and liable to a fine of $325 to $700 and, in the case of a second conviction, to a fine of $700 to $1,400 and, for every subsequent conviction thereafter, to a fine of $1,400 to $2,800.

However, in the case of an offence under subparagraph 2 of the first paragraph, the fine shall be equal to the aggregate of the amount determined pursuant to the first paragraph and an amount of $25 per container in respect of which a contravention of that provision was disclosed by the evidence.

1971, c. 19, s. 112; 1974, c. 14, s. 71; 1978, c. 67, s. 8; 1983, c. 30, s. 21; 1986, c. 58, s. 46; 1986, c. 96, s. 10; 1989, c. 4, s. 12; 1990, c. 4, s. 462; 1990, c. 67, s. 12; 1991, c. 33, s. 59; 1994, c. 26, s. 1; 1996, c. 34, s. 48; 1997, c. 57, s. 42; 2001, c. 77, s. 3; 2002, c. 58, s. 5.

109. Whosoever,

(1)  being the holder of a permit, sells, serves or allows to be consumed any alcoholic beverage that his permit or this Act authorizes him to sell, serve or allow to be consumed, but, subject to the second paragraph of section 28 of the Act respecting liquor permits (chapter P-9.1), in any place, or in any manner, or in any quantity other than his permit authorizes him to sell;

(2)  being the holder of a permit, sells, serves or allows to be consumed any alcoholic beverage that his permit authorizes him to sell, serve or allow to be consumed, but outside the days or hours when he may use that permit;

(3)  sells any alcoholic beverage that his permit issued under the Act respecting liquor permits or his small-scale production permit or brewer’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) authorizes him to sell:

(a)  to any person in a state of drunkenness;

(b)  (subparagraph repealed);

(c)  to any person of the age of 18 years or more, knowing that the alcoholic beverage is so bought for a person obviously under the influence of alcoholic beverages and is intended to be drunk by such person;

(d)  (subparagraph repealed);

(4)  (paragraph repealed);

(4.1)  alters the content of the permit he holds;

(5)   being the holder of a permit, does not keep that permit constantly posted in view of the public in the room or on the terrace where he uses it;

(6)  being the holder of a permit, allows or tolerates the presence in the room or on the terrace where he uses it of a number of persons exceeding that determined by the board;

(7)   being the holder of a permit, contravenes a regulation made under the Act respecting liquor permits (chapter P-9.1);

(8)   being the holder of a permit, contravenes section 62 of the Act respecting liquor permits; or

(9)  being the holder of a permit referred to in section 103.1, contravenes that section

is guilty of an offence and liable to a fine of $175 to $425 and, in the case of a second conviction, to a fine of $700 to $1,400 and, for every subsequent conviction thereafter, to a fine of $1,400 to $2,800.

1971, c. 19, s. 113; 1974, c. 14, s. 72; 1979, c. 71, s. 132, s. 160; 1986, c. 58, s. 47; 1986, c. 96, s. 11; 1986, c. 95, s. 145; 1990, c. 4, s. 463; 1991, c. 33, s. 60; 1993, c. 39, s. 95; 1993, c. 71, s. 16; 1996, c. 34, s. 49; 1997, c. 32, s. 13; 2002, c. 58, s. 6.

110. Whosoever,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  being the holder of a permit entitling him to sell weak cider, sells cider containing more by volume than 7% of alcohol;

(4)  (paragraph repealed);

(5)   being the holder of a permit, does not equip his establishment in conformity with the regulations made under paragraph 6 of section 114 of the Act respecting liquor permits (chapter P-9.1);

(6)   being the holder of a permit entitling him to sell beer, wine or cider, does not comply with section 84.1;

(7)  (paragraph repealed);

(8)  being the holder of a grocery permit, delivers, contrary to the provisions of section 94, any alcoholic beverage authorized for sale under the permit or allows any such beverage to be consumed in his establishment or its dependencies otherwise than as provided in the second paragraph of section 31 of the Act respecting liquor permits;

(9)  (paragraph repealed),

is guilty of an offence and liable to a fine of $175 to $425 and, in the case of a second conviction, to a fine of $425 to $700 and, for every subsequent conviction thereafter, to a fine of $700 to $1,400.

1971, c. 19, s. 114; 1974, c. 14, s. 73; 1978, c. 67, s. 9; 1979, c. 71, s. 133, s. 160; 1983, c. 30, s. 22; 1986, c. 58, s. 48; 1986, c. 95, s. 146; 1990, c. 4, s. 464; 1990, c. 67, s. 13; 1991, c. 33, s. 61; 1993, c. 71, s. 17; 2002, c. 58, s. 7.

110.1. (Repealed).

1979, c. 71, s. 134; 1986, c. 95, s. 147.

110.2. The board may, on the application of the holder of a tavern permit and subject to such conditions as it may specify therein, including as to duration, exempt an establishment from certain standards of equipment.

An establishment contemplated in the first paragraph is deemed, for the application of any other general law or special Act, to meet the standards of equipment from which it has been exempted.

1979, c. 71, s. 134; 1986, c. 95, s. 148; 1993, c. 39, s. 95.

111. Whosoever,

(a)  keeps or possesses alcoholic beverages in contravention of any provision of paragraphs a, b, c, d, f, g and h of section 91 or section 95.1; or

(b)  transports alcoholic beverages contrary to any provision of sections 92 to 95.1,

is guilty of an offence and liable to a fine of $500 to $1,000 and, in the case of a second conviction, to a fine of $1,000 to $2,000 and, for every subsequent conviction thereafter, to a fine of $2,000 to $5,000.

1971, c. 19, s. 115; 1986, c. 58, s. 49; 1990, c. 4, s. 465; 1991, c. 33, s. 62; 1997, c. 51, s. 12; 2013, c. 16, s. 209.

112. Whosoever,

(1)  having acquired for resale any liquid or solid containing any alcoholic beverage, sells it as medicine or medicated wine after the board has caused him to be notified with the notice provided for in section 103;

(2)  being a manufacturer within the meaning of section 101, does not make the return within the time prescribed by the said section;

(3)  not being the holder of a permit issued under the Act respecting liquor permits (chapter P-9.1) or of a small-scale production permit or a brewer’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13), leads the public to believe, by means of signs, inscriptions, advertisements or circulars, that he is authorized to sell alcoholic beverages;

(4)  buys or receives by onerous title, any alcoholic beverage from any person not authorized to sell it;

(5)  obtains in a public house or “pub” or tavern, even gratuitously, during the time when the sale thereof is forbidden, any beer or weak cider from any holder of a permit for the sale thereof in a public house or “pub” or tavern;

(6)  causes any disturbance in a public house or “pub” or tavern or brings there or drinks therein any alcoholic beverage other than beer or weak cider;

(7)  for any remuneration whatsoever, buys an alcoholic beverage for another person;

(8)  being in charge of transportation by railway, boat, public trucking or air service, transports beer or cider without being able to exhibit, on request, a bill of lading or way-bill stating the name and address of the shipper and the name and address of the consignee, or transports beer or cider under a way-bill giving a false name or a false address;

(9)   contravenes a provision of a regulation made under paragraphs 12 to 13 of section 114 of the Act respecting liquor permits, or

(10)  contravenes any other provision of this Act or the Act respecting liquor permits, except sections 52, 70 to 73, 74.1, 75, 87, 89 or 110 of that Act,

is guilty of an offence and liable to a fine of $175 to $425 and, in the case of a second conviction, to a fine of $425 to $700 and, for every subsequent conviction thereafter, to a fine of $700 to $1,400.

1971, c. 19, s. 116; 1979, c. 71, s. 146; 1979, c. 71, s. 135; 1986, c. 58, s. 50; 1986, c. 96, s. 12; 1990, c. 4, s. 466; 1990, c. 67, s. 14; 1991, c. 33, s. 63; 1993, c. 39, s. 95; 1996, c. 34, s. 50; 1997, c. 32, s. 14; 1997, c. 51, s. 13; I.N. 2016-01-01 (NCCP).

113. Whosoever,

(1)  peddles any alcoholic beverages;

(2)  keeps alcoholic beverages in a disorderly house; or

(3)  being an employee of the board, contravenes a provision of this Act or the Act respecting liquor permits (chapter P-9.1), otherwise than by purchasing alcoholic beverages in the manner mentioned in section 121 of this Act,

is guilty of an offence and liable to a fine of $500 to $1,000 and, in the case of a second or subsequent conviction, to a fine of $1,000 to $2,000.

1971, c. 19, s. 117; 1979, c. 71, s. 146, s. 160; 1986, c. 58, s. 51; 1990, c. 4, s. 467; 1991, c. 33, s. 64; 1993, c. 39, s. 95; 1997, c. 51, s. 14.

113.1. Any person whose bar permit, public house or “pub” permit or tavern permit is suspended or cancelled who admits a person or tolerates a person’s presence in a room or on a terrace contrary to an order of the board issued under section 89.1 of the Act respecting liquor permits (chapter P-9.1) is guilty of an offence and liable to a fine of $600 to $2,000.

Any person who, without a legitimate excuse or an authorization of the board, finds himself in such premises is guilty of an offence and liable to a fine of $300 to $1,000.

In the case of a subsequent offence, the maximum fines and minimum fines are doubled.

1997, c. 51, s. 15.

114. Whosoever,

(1)  being the manufacturer or the agent in Québec for the manufacturer of any liquid or solid containing alcoholic beverages, sells such liquid or solid as a medicine or preparation after the board has caused him to be notified with the notice provided for in section 103;

(2)  keeps in contravention of paragraph e of section 91 or allows the keeping of any alcoholic beverage in his residence, for himself or for others, on deposit or otherwise, with intent to sell it;

(3)  has in his possession or keeps a container on which is affixed the stamp of the Corporation or a numbered sticker issued by the board that has been removed from another container, has in his possession, keeps or fraudulently sells wrappers, labels, corks, caps or stamps imitating those used by the Corporation or numbered stickers imitating those used by the board or has in his possession or keeps otherwise than by having legally obtained them from the Corporation or from the board, as the case may be, or sells wrappers, labels, corks, caps, stamps or numbered stickers manufactured for the Corporation or the board, as the case may be, and for their use; or

(4)  breaks the seals affixed pursuant to section 127 of this Act, section 90.1 of the Act respecting liquor permits (chapter P-9.1) or section 42 of the Act respecting the Société des alcools du Québec (chapter S-13),

is guilty of an offence and liable to a fine of $625 to $1,225 and, in the case of a second or subsequent conviction, to a fine of $1,225 to $2,450.

1971, c. 19, s. 118; 1979, c. 71, s. 146; 1986, c. 96, s. 13; 1990, c. 4, s. 468; 1991, c. 33, s. 65; 1993, c. 39, s. 95; 1993, c. 71, s. 18; 1996, c. 34, s. 51; I.N. 2016-01-01 (NCCP).

114.1. Where a person is convicted of having contravened a provision of any of sections 80 to 83, 89, 91, 92 or 93 and where it is disclosed by the evidence that alcoholic beverages illegally possessed, kept, delivered, transported or sold by the offender are alcoholic beverages that the Corporation does not market or that are not made, bottled or delivered in accordance with a permit issued under the Act respecting the Société des alcools du Québec (chapter S-13), the fine shall be equal to the aggregate of the amount determined pursuant to the provision prescribing a sanction for the offence and an amount of $25 per litre of such alcoholic beverages in the case of beverages other than beer or cider, or an amount of $3 per litre in the case of beer or cider.

1994, c. 26, s. 2.

115. Where a judge imposes on the holder of a permit a sentence prescribed for a second or subsequent conviction, the clerk shall give notice of its forthwith, in writing, to the Minister of Public Security and the board if the offender is the holder of a permit issued under the Act respecting liquor permits (chapter P-9.1) or the Act respecting the Société des alcools du Québec (chapter S-13).

1971, c. 19, s. 119; 1979, c. 77, s. 29; 1979, c. 71, s. 146; 1979, c. 71, s. 147; 1984, c. 36, s. 44; 1986, c. 86, s. 41; 1988, c. 41, s. 89; 1988, c. 46, s. 24; 1990, c. 21, s. 15; 1990, c. 4, s. 469; 1993, c. 39, s. 95.

116. Any person who, without lawful excuse, is found in a room where alcoholic beverages are sold without a permit issued under the Act respecting liquor permits (chapter P-9.1) or a small-scale production permit or a brewer’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) is guilty of an offence against this Act and liable to a fine of not less than $50 nor more than $175.

1971, c. 19, s. 120; 1974, c. 14, s. 74; 1986, c. 58, s. 52; 1988, c. 21, s. 96; 1990, c. 4, s. 470; 1991, c. 33, s. 66; 1996, c. 34, s. 52; 1997, c. 32, s. 16.

117. Whosoever interferes with or hinders a person authorized under section 125.1 or 126 of this Act or section 111 of the Act respecting liquor permits (chapter P-9.1) acting in the performance of his duties is guilty of an offence under this Act and liable to a fine of $500 to $1,000, for each offence, in addition to the penalties which may be imposed upon him under sections 107 to 114 and section 116.

1971, c. 19, s. 121; 1983, c. 28, s. 47; 1986, c. 58, s. 53; 1990, c. 4, s. 471; 1991, c. 33, s. 67; 1992, c. 61, s. 328; 1994, c. 26, s. 3; 1997, c. 51, s. 16.

117.1. Whosoever assists a person or, by encouragement, advice or consent, or by an authorization or order, induces a person to commit an offence under this Act is guilty of an offence.

Any person convicted under this section is liable to the same penalty as that prescribed for the offence whose commission he assisted in or induced.

1993, c. 71, s. 19.

117.2. Where a person is convicted of an offence under this Act, a judge may, upon an application of the prosecuting party appended to the statement of offence, in addition to imposing any other penalty, impose an additional fine of an amount equal to the sums obtained as a result of the commission of the offence, even if the maximum fine under another provision has been imposed.

1997, c. 51, s. 17.

118. (Repealed).

1971, c. 19, s. 122; 1979, c. 71, s. 136; 1986, c. 96, s. 14.

119. A minor who contravenes section 103.9 is guilty of an offence. If he is condemned to a fine, it shall not exceed $100.

1971, c. 19, s. 123; 1974, c. 14, s. 75; 1979, c. 71, s. 137.

120. The price of beer sold on credit by a person holding a permit to sell beer in a public house or “pub” or tavern cannot be recovered before the courts.

1971, c. 19, s. 124.

121. No person contemplated in section 117 employed for the enforcement of this Act or the Act respecting liquor permits (chapter P-9.1), when acting in his official capacity, nor any person acting under their instructions, shall incur any of the penalties enacted by this Act against those who obtain alcoholic beverages from a person who is or is not the holder of a permit.

1971, c. 19, s. 125; 1979, c. 71, s. 146; 1983, c. 28, s. 48.

122. (Repealed).

1971, c. 19, s. 126; 1979, c. 71, s. 138; 1986, c. 58, s. 54; 1990, c. 4, s. 472.

123. (Repealed).

1971, c. 19, s. 127; 1974, c. 14, s. 76; 1986, c. 95, s. 149; 1990, c. 4, s. 472.

124. (Repealed).

1971, c. 19, s. 128; 1990, c. 4, s. 472.

DIVISION XV SEIZURE

1990, c. 4, s. 473; 1997, c. 51, s. 18.

125. (Repealed).

1971, c. 19, s. 129; 1977, c. 5, s. 14; 1983, c. 28, s. 49; 1986, c. 86, s. 41; 1986, c. 95, s. 150; 1988, c. 46, s. 24; 1990, c. 4, s. 474; 1992, c. 61, s. 329.

125.1. Every peace officer who has reasonable cause to believe that alcoholic beverages are to be found in a vehicule may require the driver of the vehicle to stop the vehicle and require the driver, owner or person responsible for the vehicle to allow him to examine the identification of the containers of alcoholic beverages being transported and to produce for inspection the bill of lading or way-bill, if any, referred to in the third paragraph of section 94 or in section 95. The driver and, where applicable, the owner or the person responsible for the vehicle must comply with such requirements without delay.

The peace officer may, upon stopping the vehicle, proceed immediately with the seizure of any alcoholic beverages possessed or transported in contravention of this Act and of their containers.

The provisions of the Code of Penal Procedure (chapter C-25.1) that concern things seized, adapted as required, apply once they are seized, to the alcoholic beverages and their containers, subject to the provisions of this Act.

1994, c. 26, s. 4; 1996, c. 17, s. 1.

126. Any member of a police force authorized to do so by the Minister of Public Security or a member of the Sûreté du Québec may, at the time of an inspection,

(1)  where he has reasonable cause to believe that alcoholic beverages are peddled or transported in Québec, in receptacles labelled or not as containing alcoholic beverages or other merchandise, open such receptacles with all necessary assistance and even by force in case of resistance, and examine the contents thereof,

(a)  if he has reasonable cause to believe that such alcoholic beverages, by reason of their quantity, are being so transported to be sold;

(b)  if they are addressed to a person not the holder of a permit, for the sale of alcoholic beverages of that kind, and if there is reasonable cause to believe that such person has already been convicted of any offence under this Act; or

(c)  if, according to the circumstances under which the beverages are transported, he has reasonable cause to believe that they are being so transported to be sold without a permit;

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  seize any alcoholic beverages found in a disorderly house and the receptacles containing them;

(5)  seize any alcoholic beverages if he or the board has reasonable cause to believe that they are kept, transported or sold in contravention of this Act otherwise than as hereinabove indicated, and the receptacles containing the same;

(6)  where he has reasonable cause to believe that an offence under this Act has been committed, seize any sums of money or payment instruments obtained as a result of the commission of the offence, or any evidence of fund transfers so obtained; the provisions governing seized things in the Code of Penal Procedure (chapter C-25.1), adapted as required, apply to the things so seized.

1971, c. 19, s. 130; 1979, c. 71, s. 146, s. 160; 1986, c. 95, s. 151; 1993, c. 39, s. 95; 1992, c. 61, s. 330; 1997, c. 51, s. 19.

127. The Corporation shall have custody of the alcoholic beverages and the receptacles containing them, seized under section 125.1 or 126 or in a search, even if they are submitted in evidence, unless the judge to whom they were submitted decides otherwise.

The Corporation shall store the things seized or cause them to be stored until the judge disposes of them by judgment. However, if the receptacles in which alcoholic beverages are seized are physically attached or joined to an immovable or cannot be easily moved, they may be left on the premises and sealed.

1971, c. 19, s. 131; 1986, c. 95, s. 152; 1993, c. 71, s. 20; 1996, c. 17, s. 2; 1999, c. 40, s. 150.

127.1. On the written authorization of a judge, the Corporation may destroy or eliminate or cause to be destroyed or eliminated the alcoholic beverages seized pursuant to section 125.1 or 126 or in a search.

Prior notice of a least one clear day of an application for such authorization shall be served, where such persons are known, on the person from whom the beverages were seized and the persons who may have a right to the beverages.

The judge may grant the authorization if he is satisfied, on the advice of a chemist, that the alcoholic beverages seized are unfit for human consumption, or if he is satisfied that the alcoholic beverages in question are not alcoholic beverages made, bottled or delivered in accordance with a permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) and are not alcoholic beverages marketed by the Corporation.

1993, c. 71, s. 21; 1996, c. 17, s. 3.

127.2. During the proceedings, the Corporation must preserve samples of the destroyed or eliminated alcoholic beverages in sufficient quantity for the purposes of expert analysis. The Corporation may stop the fermentation of the samples it takes.

1993, c. 71, s. 21.

128. (Section renumbered).

1971, c. 19, s. 132; 1977, c. 5, s. 14; 1992, c. 61, s. 332.

See section 177.1.

DIVISION XVI PROOF AND PENAL PROCEDURE

1992, c. 61, s. 333.

§ 1 . — Proceedings before judgment

129. (Repealed).

1971, c. 19, s. 133; 1979, c. 71, s. 139; 1992, c. 61, s. 334.

130. (Repealed).

1971, c. 19, s. 134; 1979, c. 71, s. 147; 1992, c. 61, s. 335.

131. (Repealed).

1971, c. 19, s. 135; 1988, c. 21, s. 97; 1990, c. 4, s. 475.

132. (Repealed).

1971, c. 19, s. 136; 1977, c. 5, s. 14; 1986, c. 86, s. 25; 1988, c. 46, s. 24; 1990, c. 4, s. 476; 1992, c. 61, s. 336.

132.1. For the purposes of this division, the word “permit” means, unless otherwise required by the context, a permit, issued under the Act respecting liquor permits (chapter P‐9.1), authorizing alcoholic beverages to be sold or served, a permit regarded as such a permit under section 2.0.1 or a small‐scale production permit or a brewer’s permit issued under the Act respecting the Société des alcools du Québec (chapter S‐13).

1996, c. 34, s. 53; 1997, c. 32, s. 17; 1999, c. 53, s. 5.

133. In any prosecution taken under this Act, it shall be incumbent upon the offender to prove that the delivery of the alcoholic beverage was effected entirely gratuitously and when he is found in possession of a quantity of alcoholic beverages that is large in relation to his condition and occupation, he shall be presumed to be keeping it or to have it in his possession for purposes of sale.

1971, c. 19, s. 137.

134. The owner or lessee of premises where an offence against this Act is committed or the holder of a permit issued for such premises who authorizes or allows such an offence to be committed therein is guilty of an offence and liable to the penalty prescribed for the offence he authorized or allowed.

In the absence of any evidence to the contrary, in any proceedings under the first paragraph, proof that an offence against this Act was committed by a person in the employ of the owner, lessee or permit holder is proof that that person has committed the offence with the authorization or consent of the owner, lessee or permit holder.

If the person who has committed an offence against this Act, the owner or lessee of the premises where the offence was committed or the holder of a permit issued for such premises is a partnership or a legal person, each partner or each director of the legal person who authorized or allowed the commission of the offence is deemed to be a party thereto.

1971, c. 19, s. 138; 1979, c. 71, s. 140; 1986, c. 95, s. 153; 1990, c. 4, s. 477; 1999, c. 40, s. 150.

134.1. A judge may issue a warrant, relying upon a statement made under oath by a peace officer, ordering that the owner or lessee of premises where alcoholic beverages are sold without the permit or authorization required under section 107 of this Act be arrested, if the judge is satisfied that the arrest is the only reasonable means to put an end to the commission of the offence.

The arrest must be carried out in accordance with articles 82, 86, 88, 89 and 92 to 94 of the Code of Penal Procedure (chapter C-25.1), adapted as required.

A warrant of arrest not executed within one year of issue is without effect.

1990, c. 4, s. 478; 1999, c. 40, s. 150.

135. (Repealed).

1971, c. 19, s. 139; 1990, c. 4, s. 479.

136. Where a person has been convicted of selling alcoholic beverages without a permit in any premises, the provisions of the Disorderly Houses Act (chapter M-2) shall apply, with the necessary modifications.

1971, c. 19, s. 140; 1990, c. 4, s. 480.

137. To prove that alcoholic beverages have been sold or consumed in contravention of this Act, it shall not be necessary to prove that there has been any actual handing over of money or actual consumption of beverages, if the court is convinced that a transaction having the characteristics of an alienation has actually taken place or that the beverages were about to be consumed.

1971, c. 19, s. 141.

138. When it is proved that, in any premises for which a permit is required, a person, other than the occupant of such premises, has actually consumed or was about to consume an alcoholic beverage, there shall be a simple presumption, against the holder of the permit or the occupant of the said premises, that such beverage was sold to the person who consumed or was about to consume it, or who took it away or was about to take it away.

1971, c. 19, s. 142; 1979, c. 71, s. 146; 1999, c. 40, s. 150.

138.1. Where the proof of an offence requires that the prosecuting party establish that the defendant is the holder of a permit, the prosecuting party may, instead of producing an attestation to that effect signed by the person having the authority to issue the permit, establish that fact by means of a declaration recorded in the statement of offence or in the offence report.

The defendant may, however, require that the prosecuting party prove that the defendant is the holder of a permit by the production of an attestation to that effect from the proper authority, provided the defendant gives notice to the prosecuting party not less than 10 days before the date set for the beginning of the trial. The prosecuting party may waive the notice.

1996, c. 17, s. 4.

139. In any prosecution under this Act against any person not the holder of a permit, such prosecution may be instituted either for the sale of alcoholic beverages without a permit or for the specific offence which he has committed and for which he would be liable to be prosecuted, even if he had been the holder of a permit.

1971, c. 19, s. 143.

140. Whenever any person is prosecuted and found guilty of any offence under this Act, the amount of the fine to which such person would otherwise be liable shall be doubled if, at the trial, it is proved that the alcoholic beverages sold, possessed or transported by such person were of bad quality, were unfit for consumption, had been made fraudulently or were adulterated.

1971, c. 19, s. 144; 1990, c. 4, s. 481.

141. (Repealed).

1971, c. 19, s. 145; 1990, c. 4, s. 482.

142. (Repealed).

1971, c. 19, s. 146; 1990, c. 4, s. 483.

143. In any prosecution for the sale of alcoholic beverages it shall not be necessary to prove the exact kind, or to mention the quantity of alcoholic beverages sold, unless the kind or quantity is essential to the nature of the offence.

1971, c. 19, s. 147.

144. To obtain a conviction, it shall not be necessary that the date mentioned in the statement of offence as the time of commission of the offence be exactly proved; it shall be sufficient to prove that the time allowed by law for the prosecution of such offence has not expired.

1971, c. 19, s. 148; 1990, c. 67, s. 15; 1992, c. 61, s. 337; 1999, c. 40, s. 150.

145. (Repealed).

1971, c. 19, s. 149; 1979, c. 71, s. 146; 1990, c. 4, s. 484.

146. (Repealed).

1971, c. 19, s. 150; 1974, c. 14, s. 77; 1979, c. 77, s. 29; 1979, c. 71, s. 141; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1990, c. 4, s. 484.

147. (Repealed).

1971, c. 19, s. 151; 1979, c. 77, s. 29; 1979, c. 71, s. 160; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1990, c. 4, s. 484.

148. If the judge considers it necessary for the purposes of this Act, he may cause any alcoholic beverage to be analysed by the Corporation’s analyst. The costs of such analysis shall be included in the costs of the proceeding, and the amounts collected as such shall belong to the Corporation and be remitted to it.

1971, c. 19, s. 152; 1996, c. 17, s. 5.

149. In any prosecution under this Act, the certificate relating to the analysis of any beverage suspected of being alcoholic signed by the analyst of the Corporation shall be accepted as proof, in the absence of any evidence to the contrary, of the facts set forth therein and of the authority of the person who signed such certificate, without further evidence of his appointment or of his signature. The cost of such analysis shall also be included in the costs of the proceeding, and the amounts collected as such shall belong to the Corporation and be remitted to the Corporation.

Where beverages that have been seized in an establishment are in containers identified as containing alcoholic beverages, the beverages shall be presumed to be alcoholic beverages of the type indicated on the container, in the absence of any evidence to the contrary.

Where beverages that have been seized elsewhere than in an establishment are in sealed containers identified as containing alcoholic beverages, the beverages shall be presumed to be alcoholic beverages of the type indicated on the container, in the absence of any evidence to the contrary.

However, any defendant who contests that beverages seized are alcoholic beverages or are of a particular type must give prior notice to the prosecuting party of an application for analysis of the contents of a determined number of containers of such beverages not less than 10 days before the date set for the beginning of the trial, unless the prosecuting party waives the notice. Article 172 of the Code of Penal Procedure (chapter C-25.1) applies to the application.

1971, c. 19, s. 153; 1974, c. 14, s. 78; 1994, c. 26, s. 5; 1996, c. 17, s. 6.

§ 2 . — Judgments

150. (Repealed).

1971, c. 19, s. 154; 1990, c. 4, s. 485.

151. (Repealed).

1971, c. 19, s. 155; 1990, c. 4, s. 485.

152. (Repealed).

1971, c. 19, s. 156; 1990, c. 4, s. 485.

153. Where a person is convicted of an offence relating to illegal posting outside the establishment, the poster illegally placed shall be removed or destroyed, at the expense of the person, within eight days of notification, to that person, of the notice of the judgment.

1971, c. 19, s. 157; 1979, c. 71, s. 142; 1990, c. 4, s. 486; 1992, c. 61, s. 338; I.N. 2016-01-01 (NCCP).

§ 3 . —

Repealed, 1990, c. 4, s. 487.

1990, c. 4, s. 487.

154. (Repealed).

1971, c. 19, s. 158; 1990, c. 4, s. 487.

§ 4 . —

Repealed, 1990, c. 4, s. 488.

1990, c. 4, s. 488.

155. (Repealed).

1971, c. 19, s. 159; 1990, c. 4, s. 488.

156. (Repealed).

1971, c. 19, s. 160; 1990, c. 4, s. 488.

157. (Repealed).

1971, c. 19, s. 161; 1990, c. 4, s. 488.

158. (Repealed).

1971, c. 19, s. 162; 1986, c. 58, s. 55; 1990, c. 4, s. 488.

159. (Repealed).

1971, c. 19, s. 163; 1990, c. 4, s. 488.

160. (Repealed).

1971, c. 19, s. 164; 1990, c. 4, s. 488.

161. (Repealed).

1971, c. 19, s. 165; 1979, c. 71, s. 146; 1990, c. 4, s. 488.

162. (Repealed).

1971, c. 19, s. 166; 1990, c. 4, s. 488.

DIVISION XVII

Repealed, 1990, c. 4, s. 489.

1990, c. 4, s. 489.

163. (Repealed).

1971, c. 19, s. 167; 1986, c. 95, s. 154; 1990, c. 4, s. 489.

164. (Repealed).

1971, c. 19, s. 168; 1981, c. 14, s. 62; 1990, c. 4, s. 489.

165. (Repealed).

1971, c. 19, s. 169; 1990, c. 4, s. 489.

166. (Repealed).

1971, c. 19, s. 170; 1990, c. 4, s. 489.

167. (Repealed).

1971, c. 19, s. 171; 1990, c. 4, s. 489.

168. (Repealed).

1971, c. 19, s. 172; 1990, c. 4, s. 489.

DIVISION XVIII

Repealed, 1992, c. 61, s. 339.

1992, c. 61, s. 339.

169. (Repealed).

1971, c. 19, s. 173; 1990, c. 4, s. 490.

170. (Repealed).

1971, c. 19, s. 174; 1992, c. 61, s. 339.

171. (Repealed).

1971, c. 19, s. 175; 1990, c. 4, s. 491.

DIVISION XIX CONFISCATION

172. On the thirtieth day following a conviction for an offence under a provision of this Act, the alcoholic beverages seized by reason of the offence and their containers are confiscated by operation of law, except if a judge, on application of the defendant or of a third party, decides otherwise.

Upon a conviction for an offence under a provision of this Act, the judge may, on application of the prosecuting party, order the confiscation

(1)  of any vehicle or other thing seized and having been used to transport such beverages;

(2)  of movable property and equipment seized and having been used in the illegal sale of alcoholic beverages;

(3)  of any amount seized that constitutes the proceeds from the illegal sale of alcoholic beverages.

However, the judge shall order, at all times, on the application of the prosecuting party, the confiscation of alcoholic beverages that are unfit for human consumption.

Prior notice of the application for confiscation shall be given by the prosecuting party to the person from whom the things were seized and to the defendant, except where they are in the presence of the judge.

The clerk or a person under his authority must advise the Corporation of any order for the confiscation of alcoholic beverages made under this Act.

1971, c. 19, s. 176; 1986, c. 95, s. 155; 1992, c. 61, s. 340; 1993, c. 71, s. 22; 1996, c. 17, s. 7.

172.1. If the person to whom the alcoholic beverages must be handed over is unknown or cannot be found, a judge may, upon application by the Corporation, allow the latter to dispose of the alcoholic beverages.

1993, c. 71, s. 23.

173. (Repealed).

1971, c. 19, s. 177; 1986, c. 95, s. 156.

174. (Repealed).

1971, c. 19, s. 178; 1990, c. 67, s. 16; 1992, c. 61, s. 341.

175. If the name and address in Québec of the person at whose residence or in whose possession any alcoholic beverages, receptacles, vehicles or other things have been seized, are unknown to the Minister of Public Security or cannot be traced, everything seized shall be deemed confiscated at the expiry of 90 days from the date of seizure.

1971, c. 19, s. 179; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1996, c. 17, s. 8.

176. Alcoholic beverages and their receptacles which have been seized and confiscated shall be handed over to the Corporation.

1971, c. 19, s. 180.

177. When confiscation has been ordered by a judge, or has taken place under section 172 or as a result of the expiry of the period of 90 days provided for in section 175, the Corporation shall sell any beer seized, with the receptacles containing it, to a brewer or other person holding a permit for the sale of beer or of beer and wine. The Corporation shall take possession, as owner, of the other alcoholic beverages seized, with their receptacles, and the Minister of Public Security shall dispose by onerous title of the other things seized except the vehicles which shall be disposed of in accordance with the section 178.

When a judgment orders the seizure of alcoholic beverages against a person holding a permit or such person is declared bankrupt or makes an assignment of his property, or where a third person takes legal possession of his property, the alcoholic beverages confiscated or found in the possession of the holder of the permit at the time of his bankruptcy or assignment of property or at the time of the taking of possession must be surrendered to the Corporation. The latter, within one month after the date of such delivery, shall remit to whomsoever is entitled thereto

(a)  the proceeds of the sale by the Corporation of the beer and weak cider and the receptacles containing them, less 10% of such value;

(b)  the value of the other alcoholic beverages and of the receptacles containing them, less 10% of such value.

1971, c. 19, s. 181; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1992, c. 61, s. 342; 1993, c. 71, s. 24; 1996, c. 17, s. 9.

177.1. When alcoholic beverages are transported in contravention of this Act, and are seized in a vehicle used for such transportation, the person effecting the seizure may detain such vehicle if it is of such a nature that it can be confiscated by the court, and use it, without charge, to transport and place in the custody of the Corporation the alcoholic beverages seized and the receptacles containing them; furthermore, such person may seize such vehicle and place it in the custody of the Director General of the Sûreté du Québec, until the judge declares it confiscated.

1971, c. 19, s. 132; 1977, c. 5, s. 14; 1992, c. 61, s. 332.

178. When a confiscated vehicle has been placed in the possession of the Director General of the Sûreté du Québec, he shall dispose by onerous title of such vehicle or retain it for the use of a service of the Government, according to the instructions of the Minister of Public Security.

Whosoever, other than the offender, wishes to revendicate a thing seized may obtain delivery of it on presenting to a judge a motion stating his name, residence and occupation and setting out under oath the nature of his right to the thing seized.

The judge seized of the motion may order, on such conditions as he determines, the release of the thing under seizure.

The Government, if the good faith of the owner of a confiscated vehicle is established to its satisfaction, may order the release of the vehicle to such owner.

1971, c. 19, s. 182; 1977, c. 5, s. 14; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1992, c. 61, s. 343; 1996, c. 17, s. 10.

DIVISION XX

Repealed, 1992, c. 61, s. 344.

1992, c. 61, s. 344.

179. (Repealed).

1971, c. 19, s. 183; 1981, c. 14, s. 63; 1992, c. 61, s. 344.

DIVISION XXI

Repealed, 1990, c. 4, s. 492.

1990, c. 4, s. 492.

180. (Repealed).

1971, c. 19, s. 184; 1990, c. 4, s. 492.

181. (Repealed).

1971, c. 19, s. 185; 1990, c. 4, s. 492.

182. (Repealed).

1971, c. 19, s. 186; 1990, c. 4, s. 492.

DIVISION XXII

Repealed, 1979, c. 71, s. 143.

1979, c. 71, s. 143.

183. (Repealed).

1971, c. 19, s. 187; 1979, c. 71, s. 143.

184. (Repealed).

1971, c. 19, s. 188; 1979, c. 71, s. 143.

185. (Repealed).

1971, c. 19, s. 189; 1979, c. 71, s. 143.

186. (Repealed).

1971, c. 19, s. 190; 1979, c. 71, s. 143.

187. (Repealed).

1971, c. 19, s. 191; 1979, c. 71, s. 143.

DIVISION XXIII

Repealed, 1979, c. 71, s. 143.

1979, c. 71, s. 143.

188. (Repealed).

1975, c. 13, s. 1; 1979, c. 71, s. 143.

189. (Repealed).

1975, c. 13, s. 1; 1979, c. 71, s. 143.

190. (Repealed).

1975, c. 13, s. 1 (part); 1979, c. 71, s. 143.

191. (Repealed).

1975, c. 13, s. 1 (part); 1979, c. 71, s. 143.

192. (Repealed).

1975, c. 13, s. 1; 1979, c. 71, s. 143.

DIVISION XXIV FINAL PROVISIONS

193. The Minister of Public Security shall have charge of the carrying out of this Act.

1971, c. 19, s. 192; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

194. (Repealed).

1971, c. 19, s. 193; 1974, c. 14, s. 79; 1979, c. 71, s. 144.

195. (Repealed).

1971, c. 19, s. 203; 1977, c. 5, s. 14; 1979, c. 71, s. 145.

196. (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 and regulations (chapter R-3), chapter C-33 of the Revised Statutes, in force on 1 November 1980, is repealed effective from the coming into force of chapter I-8.1 of the Revised Statutes.