S-13 - Act respecting the Société des alcools du Québec

À jour au 14 juin 2013

Ce document a valeur officielle.

chapter S-13

Act respecting the Société des alcools du Québec

In Divisions III, III.1 and IV of this Act, the word “board” means the “Régie des alcools, des courses et des jeux” (1993, c. 39, s. 95).

1. In this Act and any regulations thereunder:

(1)  the words “alcohol”, “beer”, “alcoholic beverages”, “cider”, “weak cider”, “spirits”, “to sell” and “wine” have, unless otherwise required by the context, the meaning assigned to them by the Act respecting offences relating to alcoholic beverages (chapter I-8.1);

(2)  the expressions “grocery permit” and “cider seller’s permit” mean, respectively, a grocery permit and a cider seller’s permit issued under the Act respecting liquor permits (chapter P-9.1).

For the purposes of sections 24.1, 24.2, 25, 25.1 and 28, a permit issued under the Act respecting liquor permits and a permit authorizing the sale of alcoholic beverages under that Act also include a permit regarded as such a permit under section 2.0.1 of the Act respecting offences relating to alcoholic beverages. For the purposes of section 32 and paragraphs 7 and 8 of section 37, the same applies to a grocery permit.

1971, c. 20, s. 1; 1979, c. 71, s. 167; 1983, c. 30, s. 1; 1999, c. 53, s. 16.

DIVISION I CONSTITUTION

2. A joint stock company, hereinafter called “the Société”, is constituted under the name of “Société des alcools du Québec”.

1971, c. 20, s. 2; 1977, c. 5, s. 14; 1999, c. 40, s. 283.

3. The Société shall have its head office in the territory of Ville de Montréal but may transfer it to another place with the approval of the Government; such a change shall come into force upon publication of a notice to that effect in the Gazette officielle du Québec.

1971, c. 20, s. 3; 1977, c. 5, s. 14; 1999, c. 40, s. 283; 2000, c. 56, s. 219.

4. The Société shall have the rights and privileges of a mandatary of the State.

The property of the Société shall form part of the domain of the State but the performance of its obligations may be levied on such property.

The Société binds none but itself when it acts in its own name.

1971, c. 20, s. 4; 1977, c. 5, s. 14; 1999, c. 40, s. 283.

5. The authorized capital stock of the Société shall be $30,000,000.

It shall be divided into 300,000 shares of a par value of $100 each.

1971, c. 20, s. 5; 1999, c. 40, s. 283.

6. The shares of the Société shall form part of the domain of the State and shall be allotted to the Minister of Finance; they shall be issued in consideration of the vesting of the assets received by the Société under section 62 of chapter 20 of the statutes of 1971.

1971, c. 20, s. 6; 1999, c. 40, s. 283.

7. The Société is administered by a board of directors consisting of from 9 to 15 members, including the chair and the president and chief executive officer.

The Government shall appoint the members of the board of directors, other than the chair of the board and the president and chief executive officer, based on the expertise and experience profiles established by the board. Board members are appointed for a term of up to four years.

The members of the board of directors are the directors of the Société within the meaning of the Companies Act (chapter C-38).

1971, c. 20, s. 7; 1983, c. 30, s. 2; 1999, c. 40, s. 283; 2006, c. 59, s. 109.

7.1. A vacancy on the board of directors shall be filled for the remainder of the unexpired term in accordance with the rules of appointment to the board.

Non-attendance at a number of board meetings determined by by-law of the Société constitutes a vacancy in the cases and circumstances specified by by-law.

1983, c. 30, s. 2; 2006, c. 59, s. 110.

7.2. The Government shall appoint the chair of the board of directors for a term of up to five years.

2006, c. 59, s. 110.

8. The members of the board of directors, other than the president and chief executive officer, shall not be remunerated except in the cases, on the conditions and to the extent which the Government may determine. They are entitled, however, to the repayment of expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.

1971, c. 20, s. 8; 1983, c. 30, s. 2; 1986, c. 111, s. 1; 2006, c. 59, s. 111.

9. Each member of the board of directors shall remain in office, notwithstanding the expiry of his term, until reappointed or replaced.

1971, c. 20, s. 9; 2006, c. 59, s. 112.

10. (Repealed).

1971, c. 20, s. 10; 1999, c. 40, s. 283; 2006, c. 59, s. 113.

11. No person may be a member of the board of directors unless he is domiciled in Québec, but he shall not be required to be a shareholder.

1971, c. 20, s. 11.

12. On the recommendation of the board of directors, the Government shall appoint the president and chief executive officer based on the expertise and experience profile established by the Société.

The president and chief executive officer is appointed for a term of up to five years.

The board shall determine the remuneration and other conditions of employment of the president and chief executive officer in keeping with parameters set by the Government.

1971, c. 20, s. 12; 1983, c. 30, s. 3; 1999, c. 40, s. 283; 2006, c. 59, s. 114.

12.1. If the board of directors does not recommend a candidate for the position of president and chief executive officer in accordance with section 12 within a reasonable time, the Government may appoint the president and chief executive officer after notifying the board members.

2006, c. 59, s. 114.

12.2. If the president and chief executive officer is absent or unable to act, the board of directors may designate a member of the Société’s personnel to exercise the functions of that position.

2006, c. 59, s. 114.

13. (Repealed).

1971, c. 20, s. 13; 1983, c. 30, s. 3; 1999, c. 40, s. 283; 2006, c. 59, s. 115.

14. The employees of the Société shall be appointed in accordance with the staff requirements and mode of appointment established by by-law of the Société.

Subject to the provisions of a collective agreement, the Société shall determine, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.

1971, c. 20, s. 14; 1977, c. 5, s. 14; 1999, c. 40, s. 283; 2000, c. 8, s. 197.

15. Minutes of the sittings of the board of directors approved by it and certified by the secretary shall be authentic.

1971, c. 20, s. 15.

DIVISION II FUNCTIONS AND POWERS

16. The Société’s function shall be to trade in alcoholic beverages; it may also provide services related to its expertise and the experience it has acquired in the field and, with the authorization of the Government, establish and operate factories or other establishments for the making of alcoholic beverages.

The Société may exercise its functions and powers, except the in-store retail sale of alcoholic beverages, outside Québec.

1971, c. 20, s. 16; 1999, c. 40, s. 283; 2011, c. 18, s. 70.

17. The Société shall have the power to do anything necessary for carrying out its functions and particularly to:

(a)  import and bottle alcoholic beverages;

(b)  build, acquire, lease, occupy and convey any property which it deems necessary for the carrying out of its functions;

(c)  contract loans by notes, bonds and other securities at a rate of interest and on any other conditions determined by the Conseil du trésor;

(d)  act for the purposes of this Act as a government agent in matters of customs and excise;

(e)  authorize any person, on such conditions as it may determine, to purchase alcoholic beverages and to sell them as an agent of the Société, and issue a certificate to such person establishing his quality of agent;

(f)  authorize any person to sell to clergymen the wine necessary for worship and approved by the competent ecclesiastical authority;

(g)  authorize any person, on the conditions it determines, to make the delivery of alcoholic beverages and to have possession of and keep the said alcoholic beverages for such purpose for the account of the Société, except for delivery to the holder of a grocery permit;

(h)  authorize any person, on such conditions as it may determine, to purchase from the Société, from another person authorized under this paragraph or, in the case of weak cider, from the holder of a cider maker’s permit and to sell to any other person authorized under this paragraph or to the holder of a grocery or cider seller’s permit, alcoholic beverages other than the beer that the permit holder is authorized to sell.

However, subject to section 23, the Société may market a product of a given brand referred to in subparagraphs 1 and 2 of the first paragraph of section 25 or in section 25.1 but only as the exclusive marketer of the product in Québec.

1971, c. 20, s. 17; 1977, c. 5, s. 14; 1983, c. 30, s. 4; 1992, c. 17, s. 1; 1999, c. 40, s. 283.

18. The board of directors shall enact the by-laws necessary for the internal management and the conduct of the affairs of the Société. The by-laws of the Société must be approved by the Government.

1971, c. 20, s. 18; 1999, c. 40, s. 283.

19. The Société may, according to law make with all the governments or bodies appertaining to such governments any agreement deemed expedient for the attainment of its objects.

1971, c. 20, s. 19; 1988, c. 41, s. 91; 1999, c. 40, s. 283.

19.1. The Société may, for the purposes of an agreement entered into with the Government of Canada regarding the collection of the markup set by the Société for alcoholic beverages brought into Québec from a place situated outside Canada, authorize any person or category of persons assigned to a customs office situated in Québec to exercise, on behalf of the Société, the following powers:

(1)  to accept alcoholic beverages covered by the agreement which are transferred to the Société by the person who brings them into Québec from a place situated outside Canada;

(2)  to collect, in respect of such alcoholic beverages, the markup set by the Société;

(3)  to sell such alcoholic beverages to the person who transferred them;

(4)  to detain, at the place determined by the agreement, such alcoholic beverages until payment of the markup;

(5)  to deliver such alcoholic beverages to the Société, where the markup is not paid.

Under the agreement, the Government of Canada may, in particular, be authorized to refund, on behalf of the Société, any amount of markup that was overpaid.

1994, c. 26, s. 7; 1999, c. 40, s. 283.

19.2. The Société may establish any subsidiary whose object is limited to exercising activities the Société itself can exercise. The same applies to a subsidiary.

The subsidiary has the same powers as the Société in exercising its activities, unless its constituting act withdraws or restricts those powers. The subsidiary exercises its activities in accordance with the provisions of this Act that apply to it.

The establishment of a subsidiary by the Société or one of its subsidiaries must be authorized by the Government, on the conditions it determines.

2011, c. 18, s. 71.

19.3. For the purposes of this Act, a legal person or a partnership controlled by the Société is a subsidiary of the Société.

A legal person is controlled by the Société when the Société holds, directly or through legal persons the Société controls, more than 50% of the voting rights attached to the equity securities of the legal person or is in a position to elect a majority of its directors.

A limited partnership is controlled by the Société when the Société or a legal person the Société controls is the general partner of the partnership; any other partnership is controlled by the Société when the Société holds, directly or through legal persons the Société controls, more than 50% of the equity securities.

2011, c. 18, s. 71.

20. In no case may the Société, without the authorization of the Government,

(1)  make a financial commitment in excess of the limits, terms and conditions fixed by the Government;

(2)  construct, acquire or assign an immovable in consideration of sums greater than the amounts determined by the Government;

(3)  contract a loan which brings the total amount of its outstanding borrowings to an amount greater than that fixed by the Government.

This section does not apply to transactions between the Société and its subsidiaries or between its subsidiaries.

The Government may determine that a provision of the first paragraph applies to the group consisting of the Société and its subsidiaries or to one or more members of that group.

1971, c. 20, s. 20; 1977, c. 5, s. 14; 1983, c. 30, s. 5; 1986, c. 111, s. 2; 1999, c. 40, s. 283; 2011, c. 18, s. 72.

20.1. Neither the Société nor its subsidiaries may acquire or hold equity securities in a legal person or a partnership without the authorization of the Government.

The Government may make its authorization subject to the conditions it determines.

1983, c. 30, s. 5; 1999, c. 40, s. 283; 2011, c. 18, s. 73.

20.2. (Repealed).

1983, c. 30, s. 5; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1999, c. 8, s. 20; 1999, c. 40, s. 283; 2003, c. 29, s. 136; 2006, c. 59, s. 115.

21. The Act respecting hours and days of admission to commercial establishments (chapter H-2.1) applies to the Société.

1971, c. 20, s. 21; 1979, c. 77, s. 29; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1990, c. 30, s. 34; 1999, c. 40, s. 283.

22. The Société shall comply in every local municipal territory where it establishes its stores, warehouses or other establishments with the town-planning and zoning by-laws in force.

1971, c. 20, s. 22; 1996, c. 2, s. 913; 1999, c. 40, s. 283.

23. The Société may sell and deliver or authorize any person designated by it to sell and deliver at any time, to travellers about to leave Canada, alcoholic beverages intended to be consumed outside Canada.

1971, c. 20, s. 23; 1999, c. 40, s. 283.

DIVISION III PERMITS

1983, c. 30, s. 6.

24. Every person other than the Société wishing to operate an establishment for the making or distribution of alcoholic beverages shall obtain from the Régie des alcools, des courses et des jeux a small-scale production permit, a small-scale beer producer’s permit or one of the five following industrial permits:

(1)  a brewer’s permit;

(1.1)  a beer distributor’s permit;

(2)  a distiller’s permit;

(3)  a wine maker’s permit;

(4)  a cider maker’s permit.

A warehouse permit may also be issued by the board under this Act.

1971, c. 20, s. 24; 1979, c. 77, s. 29; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 111, s. 3; 1988, c. 41, s. 89; 1990, c. 21, s. 1; 1992, c. 17, s. 2; 1993, c. 39, s. 95; 1996, c. 34, s. 1; 1999, c. 40, s. 283.

24.1. A small-scale production permit authorizes the holder, in accordance with the regulations, to

(1)  make the alcoholic beverages, other than beer, specified in the permit and bottle them;

(2)  purchase alcohol from the Société to blend with the alcoholic beverages he makes.

Unless he ships them outside Québec, the holder of a small-scale production permit may sell alcoholic beverages he makes only as follows:

(1)  at the place where they are produced, for consumption on the premises indicated in the permit or for consumption elsewhere;

(2)  at the place where they are produced, to the holder of a permit issued under the Act respecting liquor permits (chapter P-9.1) that authorizes alcoholic beverages made at such a place to be sold or served for consumption on the premises, provided that a numbered sticker issued by the board is affixed by the permit holder to each container, in numerical order, at the time of sale;

(3)  in a room or on a terrace where a permit issued under the Act respecting liquor permits authorizes the permit holder to sell alcoholic beverages for consumption on the premises, provided that a numbered sticker issued by the board is affixed by the permit holder to each original container, in numerical order.

The holder of a small-scale production permit may also sell and deliver the alcoholic beverages he makes to the Société.

No holder of such a permit may sell the alcoholic beverages he makes to the holder of a permit issued under this Act or, subject to the second paragraph, under the Act respecting liquor permits.

1986, c. 111, s. 4; 1988, c. 41, s. 89; 1990, c. 21, s. 2; 1996, c. 34, s. 2; 1999, c. 40, s. 283.

24.2. A small-scale beer producer’s permit authorizes the holder, in accordance with the regulations, to

(1)  make beer and bottle it;

(2)  make alcoholic beverages by combining beer with other non-alcoholic substances and bottle them;

(3)  purchase alcohol from the Société to blend with the alcoholic beverages that he makes.

Unless he ships them outside Québec, the holder of a small-scale beer producer’s permit may sell alcoholic beverages he makes only if he sells them at the place where they are produced, for consumption on the premises, and if he is the holder of a permit, issued under the Act respecting liquor permits (chapter P-9.1), authorizing alcoholic beverages to be sold for consumption on the premises.

The holder of a small-scale beer producer’s permit may also sell and deliver the alcoholic beverages he makes to the Société.

No such permit holder may sell the alcoholic beverages he makes to the holder of a permit issued under this Act or under the Act respecting liquor permits.

1996, c. 34, s. 3; 1999, c. 40, s. 283.

25. A brewer’s permit authorizes the holder to

(1)  make beer and bottle any beer that he is authorized to sell and deliver;

(2)  make alcoholic beverages with beer and other non-alcoholic substances and bottle such beverages if he is authorized to sell and deliver them;

(3)  make, in accordance with the regulations, other alcoholic beverages and bottle them;

(4)  purchase alcoholic beverages provided for by regulation to blend with the products the holder makes.

No holder of such a permit may sell and deliver

(1)  the beer and other alcoholic beverages made with beer and other non-alcoholic substances he makes to anyone but the Société or a person holding a permit authorizing him to sell them, unless he ships them out of Québec;

(2)  the beer he makes to anyone but a person holding an industrial permit, for purposes of blending;

(3)  the other alcoholic beverages he makes to anyone but the Société, unless he ships them out of Québec.

However, the holder may sell, at the place where they are produced, alcoholic beverages he makes, for consumption on the premises at the place indicated on the permit or for consumption elsewhere.

Moreover, a brewer’s permit authorizes the holder to carry on any operation authorized under a beer distributor’s permit.

1971, c. 20, s. 25; 1979, c. 77, s. 29; 1983, c. 30, s. 6; 1987, c. 30, s. 1; 1992, c. 17, s. 3; 1997, c. 32, s. 1; 1999, c. 40, s. 283.

25.1. A beer distributor’s permit authorizes the holder to sell and deliver beer and alcoholic beverages referred to in subparagraph 2 of the first paragraph of section 25 that were made by the holder or by a legal person related to the holder and purchased from the Société.

Unless he ships them out of Québec, no holder of such a permit may sell or deliver such beer or alcoholic beverages to anyone but the holder of a permit authorized to sell such beer and alcoholic beverages under the Act respecting liquor permits (chapter P-9.1) or, for the purposes of section 23, the Société.

For the purposes of this section, a particular legal person is related to another legal person where the particular legal person is a subsidiary of the other legal person, where the other legal person is a subsidiary of the particular legal person or where both legal persons are subsidiaries of a third legal person and a subsidiary is a legal person 95% or more of the shares of the capital stock of which, including over 50% of voting shares of all classes, are owned by another legal person.

1992, c. 17, s. 4; 1999, c. 40, s. 283.

26. A distiller’s permit authorizes, in accordance with the regulations, the holder to

(1)  make alcohol and spirits and bottle them;

(2)  make any other alcoholic beverages provided for by regulation and bottle them;

(3)  purchase or import the alcoholic beverages provided for by regulation to blend them with the products he makes;

(4)  purchase and bottle spirits in the cases provided for by regulation;

(5)  distil alcoholic beverages made by the holder of a wine or cider maker’s permit on his behalf.

No holder of such a permit may sell the products he makes or bottles to anyone but the Société unless he ships them out of Québec. He may sell the alcohol or spirits he makes to another distiller’s permit holder for purposes of blending or bottling. He may also sell the alcohol he makes to an industrial permit holder for purposes of blending.

1971, c. 20, s. 26; 1979, c. 77, s. 29; 1983, c. 30, s. 6; 1987, c. 30, s. 2; 1999, c. 40, s. 283.

27. A wine maker’s permit authorizes, in accordance with the regulations, the holder to

(1)  make wines and bottle them;

(2)  make the other alcoholic beverages provided for by regulation and to bottle them;

(3)  purchase the alcoholic beverages provided for by regulation to blend with other products he makes;

(4)  purchase or bottle wine in the cases provided for by regulation.

No holder of such a permit may sell the products he makes or bottles to anyone but the Société unless he ships them out of Québec. He may sell the wine he makes to another wine maker’s permit holder for purposes of blending or bottling. He may also sell the wine he makes to a distiller’s permit holder for purposes of blending or distilling. He may also sell the wine he makes to a brewer’s or cider maker’s permit holder for purposes of blending.

1971, c. 20, s. 27; 1983, c. 30, s. 6; 1987, c. 30, s. 3; 1999, c. 40, s. 283.

28. A cider maker’s permit authorizes, in accordance with the regulations, the holder to

(1)  make cider and bottle it;

(1.1)  make the other alcoholic beverages provided for by regulation and bottle them;

(2)  purchase the alcoholic beverages provided for by regulation to blend with the cider he makes.

No holder of such a permit may sell the products he makes to anyone but the Société unless he ships it out of Québec. He may also sell cider to a cider maker’s permit holder for purposes of blending or distilling and sell weak cider to a person authorized under paragraph h of section 17 or a person authorized to sell cider under a permit held by such person. He may also sell the weak cider he makes to another industrial permit holder for purposes of blending.

1971, c. 20, s. 28; 1979, c. 77, s. 29; 1983, c. 30, s. 6; 1986, c. 111, s. 5; 1987, c. 30, s. 4; 1999, c. 40, s. 283.

29. A warehouse permit authorizes the holder to own warehouses to store the products he makes, bottles or distributes. Such a permit may be issued only to a small-scale production permit holder, to a small-scale beer producer’s permit holder or to an industrial permit holder. In the case of a holder of a brewer’s, beer distributor’s or cider maker’s permit, the permit may be issued only for his own purposes or those of his agent. The agent may sell, on the same conditions as the holder of the brewer’s, beer distributor’s or cider maker’s permit for whom he is the agent, the alcoholic beverages he stores.

However, a warehouse permit is not required whenever products are kept in the very establishment where they were made or bottled or its dependencies. Neither is such a permit required of the holder of a beer distributor’s permit where all the products he is authorized to sell and deliver are kept in his establishment or its dependencies and where he has but one establishment in Québec.

1971, c. 20, s. 29; 1979, c. 77, s. 29; 1983, c. 30, s. 6; 1986, c. 111, s. 6; 1987, c. 30, s. 5; 1992, c. 17, s. 5; 1996, c. 34, s. 4.

29.1. The board shall issue to the holder of a small-scale production permit, on payment of the fees fixed by regulation, stickers bearing consecutive numbers and indicating the year in which they may be affixed to containers of alcoholic beverages.

Before 15 February each year, every permit holder shall return to the board any stickers not used by the first of that month.

1996, c. 34, s. 5.

30. The Régie des alcools, des courses et des jeux may issue a permit under section 24, allow the transfer thereof or authorize the temporary use thereof by a person other than the holder or a change of the place where it is used if it considers that the issue, transfer of authorization is not contrary to the public interest, if, in the case of the issue or transfer of a permit other than a warehouse permit, it has obtained, in respect of the application, a notice from the Minister of Economic Development, Innovation and Export Trade, and if the applicant

(1)  undertakes to fulfil the conditions, if any, fixed in that notice or upon the issue or transfer of the permit or upon the issue of the authorization;

(2)  has not, during the five years preceding the application, been convicted of an indictable offence connected with the activities he may carry on under the permit applied for and punishable by imprisonment for five years or more or, if he has been so convicted, has obtained a pardon;

(3)  has completed his sentence or, as the case may be, has begun his probation period, where more than five years have elapsed since he was convicted of an indictable offence referred to in subparagraph 2 for which he has not obtained a pardon;

(3.1)  has an establishment in Québec;

(4)  pays the annual duties prescribed by regulation;

(5)  holds an industrial permit, a small-scale production permit or a small-scale beer producer’s permit, where the application is for a warehouse permit;

(6)  produces, at the request of the board and within the time fixed by it, any relevant information or document.

Where the applicant is a legal person, a permit may be issued or transferred to it only if all the directors of the legal person and any shareholder holding 10% or more of the shares with full voting rights fulfil the conditions set out in subparagraphs 2 and 3 of the first paragraph. If any such shareholder is a legal person, it must also satisfy the same conditions.

The provisions of this Act and of any other Act and those of the regulations thereunder which apply to a permit and to its holder apply, adapted as required, to an authorization for the temporary use of a permit and to its holder.

The Government shall determine, in respect of a product or class of products it designates, the date from which a beer distributor’s permit may be issued by the board and the fourth paragraph of section 25 may take effect. The classes of products designated by the Government may be based on such criteria as the substances with which the products are made, their alcohol content and their origin.

1971, c. 20, s. 30; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1990, c. 21, s. 3; 1991, c. 51, s. 30; 1992, c. 17, s. 6; 1993, c. 39, s. 95; 1994, c. 16, s. 51; 1996, c. 34, s. 6; 1997, c. 32, s. 2; 1999, c. 8, s. 20; 1999, c. 40, s. 283; 2003, c. 29, s. 136; 2006, c. 8, s. 27.

30.1. The board may refuse any application under section 30 where the applicant or any person mentioned in the second paragraph of the said section has, during the five years preceding the application, been convicted of an offence under the provisions of this Act or a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3), unless a pardon was obtained.

1990, c. 21, s. 3; 1991, c. 51, s. 31; 1993, c. 39, s. 95.

30.1.1. An application for an authorization for the temporary use of a permit shall be examined and decided by preference.

Upon receipt of the payment of the duties determined in accordance with the regulations, the board may renew such authorization for the period it fixes.

1991, c. 51, s. 32; 1993, c. 39, s. 95; 1997, c. 43, s. 760.

30.1.2. Any person who wishes to sell, pursuant to subparagraph 1 or 2 of the second paragraph of section 24.1 or to the third paragraph of section 25, alcoholic beverages he makes at the place where they are produced, for consumption on the premises, is, for the purposes of that activity, subject to the rules prescribed by subparagraphs 1 and 2 of the first paragraph of section 39, paragraphs 2 and 2.1 of section 40, subparagraphs 1 and 2 of the first paragraph of section 41, subparagraphs 1 and 2 of the first paragraph of section 45 and sections 46.1 and 47 of the Act respecting liquor permits (chapter P-9.1) with the necessary modifications.

1996, c. 34, s. 7; 1997, c. 32, s. 3; 1997, c. 51, s. 62.

30.2. The relevant provisions of the Act respecting liquor permits (chapter P-9.1), the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1) and the rules thereunder governing the procedure and proof applicable before the board apply, with the necessary modifications, to an application under section 30.

1990, c. 21, s. 3; 1991, c. 51, s. 33; 1993, c. 39, s. 86, s. 95.

31. Permits shall not be the object of a right of ownership and the holders shall not consider or value them as part of their assets.

1971, c. 20, s. 31; 1983, c. 30, s. 6; 1986, c. 111, s. 7.

32. Neither a person authorized under paragraph h of section 17 nor a grocery permit holder may hold an interest in an undertaking holding an industrial permit. Nor may the agent of the holder of a brewer’s permit or beer distributor’s permit be directly or indirectly related to or hold an interest in an enterprise holding a grocery permit.

1971, c. 20, s. 32; 1983, c. 30, s. 6; 1992, c. 17, s. 7.

33. A permit holder shall keep up-to-date any register, book or other document prescribed by regulation, and shall, in the prescribed cases and within the prescribed time limits, send them to the board.

1971, c. 20, s. 33; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 111, s. 8; 1988, c. 41, s. 89; 1990, c. 21, s. 4; 1993, c. 39, s. 95; 1996, c. 34, s. 8.

33.1. The holder of a small-scale production permit must transmit monthly to the board, using the form provided by it, the information prescribed by regulation of the board in respect of the permit holder’s harvest of raw materials required for the production of alcoholic beverages and his inventory of alcoholic beverages in bulk and in containers, as they stand on the fifteenth day of the month.

Furthermore, he must, if so required, communicate to the board the number of sales of alcoholic beverages made to permit holders pursuant to subparagraph 2 of the second paragraph of section 24.1 during the period determined by the board, and, for each sale, indicate the date of sale, the name and address of the purchaser, the brand of the product, the quantity sold and the numbers of the stickers affixed to the containers of the alcoholic beverages sold. The permit holder must keep the vouchers of such sales, and, if so required, transmit them to the board.

He must also, if so required, communicate to the board the quantity of alcoholic beverages that is in a room or on a terrace where he uses a permit issued to him under the Act respecting liquor permits (chapter P-9.1), the brand of the products, the numbers of the stickers affixed to the containers and the date on which they were affixed.

1996, c. 34, s. 9.

33.2. Where a permit holder sells alcoholic beverages pursuant to subparagraph 1 or 2 of the second paragraph of section 24.1 or pursuant to the third paragraph of section 25, he is subject to the same requirements as those imposed on the holder of a permit for the sale of alcoholic beverages by sections 62, 66 to 68, 73, 74.1, 75, 77.1 to 78 and 82 to 84.1 of the Act respecting liquor permits (chapter P-9.1). In addition, the holder of a small-scale production permit is subject to the requirement imposed by section 59 of that Act and the holder of a brewer’s permit, to the requirement imposed by section 57 of that Act; however, as regards the sale of alcoholic beverages for consumption elsewhere than at the place where they are produced, both are subject to section 60 of that Act.

Such provisions and the related provisions of the Act respecting offences relating to alcoholic beverages (chapter I-8.1), paragraph 6 of section 109 and paragraphs 4 and 5 of section 110 of that Act (chapter I-8.1) as well as sections 61, 63 and 74 of the Act respecting liquor permits apply to such permit holders with the necessary modifications.

1996, c. 34, s. 9; 1997, c. 32, s. 4.

34. At the request of the president of the Régie des alcools, des courses et des jeux, a member of the Sûreté du Québec, a member of a police force authorized for that purpose by the Minister of Public Security or any other person may carry out an inspection during which he may

(1)  enter, at any reasonable time, any establishment or other place where an activity requiring a small-scale production permit, small-scale beer producer’s permit, an industrial permit or a warehouse permit is carried on;

(2)  examine the facilities, the products made, bottled or stored and anything else found in that place and connected with an activity requiring a permit;

(3)  take samples;

(4)  examine and obtain copies of the registers, books and any other document respecting an activity requiring a permit;

(5)  demand any information in respect of the activities relating to an activity requiring a permit;

(6)  require any person on the premises to grant him reasonable assistance.

Any person authorized to make an inspection must, on request, identify himself and produce a certificate of his capacity.

1971, c. 20, s. 34; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 33; 1986, c. 86, s. 41; 1986, c. 111, s. 9; 1986, c. 95, s. 310; 1988, c. 41, s. 89; 1988, c. 46, s. 24; 1990, c. 21, s. 5; 1993, c. 39, s. 95; 1996, c. 34, s. 10.

34.1. The Minister of Economic Development, Innovation and Export Trade and the Régie des alcools, des courses et des jeux may share any information with each other and transmit any report, book, register or document to each other which they obtain pursuant to sections 33, 33.1 and 34.

1986, c. 96, s. 34; 1988, c. 41, s. 89; 1993, c. 39, s. 95; 1994, c. 16, s. 51; 1996, c. 34, s. 11; 1999, c. 8, s. 20; 2003, c. 29, s. 136; 2006, c. 8, s. 28.

35. The Régie des alcools, des courses et des jeux may cancel or suspend a permit for any period it may determine where

(1)  the conditions fixed on the issuance of the permit are not fulfilled;

(1.1)  the permit was obtained following false representations;

(2)  the annual duties are not paid;

(3)  the permit is transferred without the express authorization of the board or without observing the conditions attached to the transfer by the board;

(4)  the permit holder contravenes any provision of section 29.1, 33 or 33.1 or any provision referred to in section 33.2;

(5)  (subparagraph repealed);

(6)  the permit holder does not maintain the basic machinery required for making, bottling or distributing;

(7)  (subparagraph repealed);

(8)  the permit holder or, where the holder is a legal person, a director of the legal person or a shareholder holding 10% or more of the shares with full voting rights is convicted of an indictable offence relating to the use of the permit and punishable by imprisonment for five years or more or of an offence under a provision of this Act, a regulation thereunder, the Act respecting offences relating to alcoholic beverages (chapter I-8.1) or the Act respecting interprovincial and international traffic in intoxicating liquors (Revised Statutes of Canada, 1985, chapter I-3);

(9)  an agent or employee of the permit holder is convicted of an offence under a provision of this Act, the Act respecting offences relating to alcoholic beverages or the Act respecting interprovincial and international traffic in intoxicating liquors, where the offence relates to an alcoholic beverage made or bottled by the permit holder;

(10)  the holder does not comply with an order made pursuant to section 35.2 or does not abide by a voluntary undertaking made pursuant to section 35.3.

Any relevant provisions of the Act respecting liquor permits (chapter P-9.1), of the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1) and the rules or regulations thereunder respecting the cancellation or the suspension of a permit and the procedure and proof applicable before the board apply, with the necessary modifications, to the cancellation or suspension of a permit issued under this Act.

1971, c. 20, s. 35; 1979, c. 71, s. 160; 1983, c. 30, s. 6; 1984, c. 36, s. 44; 1986, c. 96, s. 35; 1988, c. 41, s. 89; 1989, c. 10, s. 1; 1990, c. 21, s. 6; 1992, c. 17, s. 8; 1993, c. 39, s. 87, s. 95; 1996, c. 34, s. 12; 1997, c. 32, s. 5; 1999, c. 40, s. 283.

35.1. (Repealed).

1989, c. 10, s. 2; 1990, c. 21, s. 7.

35.1.1. The board may, instead of cancelling or suspending a permit for a reason connected with an activity referred to in subparagraph 1 or 2 of the second paragraph of section 24.1 or in the third paragraph of section 25, restrict or prohibit that activity for the period it determines.

1996, c. 34, s. 13; 1997, c. 32, s. 6.

35.2. The board may, instead of cancelling or suspending a permit for a reason set out in subparagraph 1, 4, 6 or 9 of the first paragraph of section 35, order the permit holder to take the necessary corrective measures within the time it fixes.

1990, c. 21, s. 8; 1993, c. 39, s. 95.

35.3. The board may, if it has reasonable ground to believe that a permit holder is contravening an Act or a regulation referred to in subparagraph 8 of the first paragraph of section 35, accept a voluntary undertaking from the holder to comply with that Act or regulation.

1990, c. 21, s. 8; 1993, c. 39, s. 95.

35.4. Notwithstanding sections 35 to 35.3, the Government may, in respect of a product or class of products it designates contemplated by the last paragraph of section 30, suspend the effects of every beer distributor’s permit as well as the effects of every brewer’s permit which derive from the fourth paragraph of section 25.

1992, c. 17, s. 9; 1997, c. 32, s. 7.

DIVISION III.1 PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1983, c. 30, s. 6; 1997, c. 43, s. 761.

36. A person whose permit is suspended or cancelled by the Régie des alcools, des courses et des jeux may, within 30 days of the date on which the decision was notified to him, contest the decision before the Administrative Tribunal of Québec.

1971, c. 20, s. 36; 1983, c. 30, s. 6; 1986, c. 96, s. 36; 1988, c. 21, s. 66; 1988, c. 41, s. 89; 1990, c. 21, s. 9; 1993, c. 39, s. 95; 1997, c. 43, s. 762.

36.1. The proceeding suspends the execution of the decision of the board unless the Tribunal decides otherwise.

1983, c. 30, s. 6; 1997, c. 43, s. 763.

36.2. (Replaced).

1983, c. 30, s. 6; 1988, c. 21, s. 66, s. 139; 1997, c. 43, s. 763.

36.3. (Replaced).

1983, c. 30, s. 6; 1986, c. 96, s. 37; 1988, c. 21, s. 66; 1993, c. 39, s. 95; 1997, c. 43, s. 763.

DIVISION IV REGULATIONS

1983, c. 30, s. 6.

37. The Government, upon the recommendation of the Minister of Economic Development, Innovation and Export Trade and the Minister of Public Security, may make regulations

(1)  determining the conditions or modalities of purchase, making, bottling, keeping, handling, storing, sale or shipping of alcoholic beverages;

(2)  determining the composition and alcoholic content of alcoholic beverages and the standards of quality they are required to meet;

(3)  prescribing the classification of alcoholic beverages and, for that purpose, establishing classes, names or marks, as well as categories, subject to paragraph 4;

(4)  defining, for wines, with an indication of their composition and alcoholic content, the following categories: table wines, fortified wines, flavoured wines and appetizer wines;

(5)  determining the specifications of alcoholic beverage containers and the inscriptions or indications they are required to bear;

(6)  (paragraph repealed);

(7)  determining which wines and alcoholic beverages made or bottled by the Société or a brewer’s, cider maker’s or wine maker’s permit holder, other than alcohol and spirits, may be sold by grocery permit holders;

(8)  determining, for grocery permit holders, the conditions and modalities of supplying, marketing and fixing the retail price of alcoholic beverages contemplated in paragraph 7;

(9)  determining the amount of the costs and duties that are payable under this Act or standards permitting to establish such amount and prescribing the terms and conditions of payment;

(9.1)  indicating the registers, books and other documents that must be kept up-to-date and those which must be sent to the board, and determining the time limits for sending them;

(9.2)  determining the conditions on which a person may bring alcoholic beverages acquired in another province or a territory of Canada into Québec for personal consumption, and prescribing the quantity;

(10)  prescribing any other useful measure for the administration of this Act.

However, a regulation under subparagraph 10 of the first paragraph, referring to Division I, II or VI, is made on the recommendation of the Minister of Finance.

1971, c. 20, s. 37; 1979, c. 71, s. 168; 1982, c. 4, s. 7; 1983, c. 30, s. 6; 1986, c. 111, s. 10; 1987, c. 30, s. 6; 1990, c. 21, s. 10; 1990, c. 67, s. 17; 1991, c. 51, s. 34; 1993, c. 39, s. 95; 1994, c. 16, s. 51; 1996, c. 34, s. 14; 1999, c. 8, s. 20; 1999, c. 40, s. 283; 2003, c. 29, s. 136; 2006, c. 8, s. 29; 2013, c. 16, s. 205.

37.1. (Replaced).

1978, c. 67, s. 1; 1979, c. 71, s. 160; 1983, c. 30, s. 6.

37.2. The board may, by regulation, prescribe the information to be provided by the holder of a small-scale production permit in respect of his harvest of raw materials and his inventory of alcoholic beverages in bulk and in containers.

1996, c. 34, s. 15.

DIVISION V PENAL PROVISIONS

1992, c. 61, s. 567.

38. Any person who carries on any activity authorized by a permit contemplated in section 24 without holding a permit or otherwise infringes this Act or the regulations is guilty of an offence against this Act, and may be arrested without a warrant, provided that, without delay, he is brought before a court having jurisdiction, and is liable for the first offence, to a fine of not less than $250 nor more than $2,450, and, for any subsequent conviction, to a fine of $2,450 to $12,150.

Where a person is convicted of having carried on an activity authorized by a permit contemplated in section 24 without holding such a permit, and where it is disclosed by the evidence that alcoholic beverages illegally made, bottled, stored, delivered, transported or sold by the offender are alcoholic beverages that the Société does not market or that are not made, bottled or delivered in accordance with a permit issued under this Act, the fine shall be equal to the aggregate of the amount determined pursuant to the first paragraph 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.

This section shall not have the effect of prohibiting domestic manufacture of beer, cider or wine for personal use, but not commercial use, and the keeping of such products.

1971, c. 20, s. 38; 1978, c. 67, s. 2; 1983, c. 30, s. 7; 1990, c. 4, s. 824; 1991, c. 33, s. 136; 1994, c. 26, s. 8; 1999, c. 40, s. 283.

38.1. Every holder of an industrial or warehouse permit who, by himself or through another person, sells or attempts to sell alcoholic beverages to any person other than the Société or other than a person authorized to purchase them directly from him pursuant to this Act is guilty of an offence and liable to a mandatory fine of $25,000.

1983, c. 30, s. 8; 1989, c. 10, s. 3; 1992, c. 17, s. 10; 1999, c. 40, s. 283.

38.2. Every person who, being authorized otherwise than by virtue of this Act, the Act respecting liquor permits (chapter P-9.1) or the Act respecting offences relating to alcoholic beverages (chapter I-8.1) to make, bottle, sell, deliver or store alcoholic beverages, sells or attempts to sell alcoholic beverages, by himself or through another person, to anybody but the Société or a person authorized under this Act to buy directly from him is guilty of an offence and liable to a fine in the amount of $25,000.

1992, c. 17, s. 11; 1999, c. 40, s. 283.

39. Every person who interferes with or hinders a person authorized or designated under section 34, 39.2 or 41 in the performance of his duties is guilty of an offence and liable to a fine of not less than $125 nor more than $1,225.

1971, c. 20, s. 39; 1983, c. 30, s. 9; 1986, c. 95, s. 311; 1990, c. 21, s. 11; 1990, c. 4, s. 825; 1991, c. 33, s. 137; 1992, c. 61, s. 568; 1994, c. 26, s. 9.

39.1. The owner or lessee of premises where an offence under section 38, 38.1 or 39 is committed, as well as the holder of a permit contemplated in section 24 issued for those premises who authorizes or allows the commission of such an offence, is guilty of an offence and liable to a penalty equal to that provided for the offence he has authorized or allowed.

In proceedings pursuant to the first paragraph, proof that an offence under section 38, 38.1 or 39 has been committed by a person in the employ of the owner, lessee or permit holder is, in the absence of evidence to the contrary, proof that the 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 under section 38, 38.1 or 39, the owner or lessee of the premises where the offence has been committed or the holder of the permit issued for those premises is a partnership or a legal person, each partner or director of the legal person who authorized or allowed the commission of the offence is deemed a party to the offence.

1986, c. 96, s. 38; 1990, c. 4, s. 826; 1999, c. 40, s. 283.

39.2. Every peace officer who has reasonable cause to believe that alcoholic beverages are to be found in a vehicle 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 of the Act respecting offences relating to alcoholic beverages (chapter I-8.1). 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. 10; 1996, c. 17, s. 13.

40. (Repealed).

1971, c. 20, s. 40; 1977, c. 5, s. 14; 1986, c. 86, s. 41; 1986, c. 95, s. 312; 1988, c. 46, s. 24; 1990, c. 21, s. 12; 1990, c. 4, s. 827; 1992, c. 61, s. 569.

41. Any member of a police force authorized to do so by the Minister of Public Security and a member of the Sûreté du Québec may, at the time of an inspection, seize any alcoholic beverages made, stored, sold or transported in contravention of this Act, and their receptacles.

1971, c. 20, s. 41; 1986, c. 95, s. 313; 1992, c. 61, s. 570.

42. The Société shall have custody of the alcoholic beverages and the receptacles containing them, seized under section 39.2 or 41 or in a search, even if they are submitted in evidence, unless the judge to whom they were submitted decides otherwise.

The Société shall store the things seized or cause them to be stored, until a 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, the receptacles may be left on the premises and sealed.

1971, c. 20, s. 42; 1986, c. 95, s. 314; 1993, c. 71, s. 53; 1996, c. 17, s. 14; 1999, c. 40, s. 283.

42.1. On the written authorization of a judge, the Corporation may destroy or eliminate or cause to be destroyed or eliminated the alcoholic beverages seized under section 39.2 or 41 or in a search.

Prior notice of at 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 grants 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 this Act and are not alcoholic beverages marketed by the Corporation.

1993, c. 71, s. 54; 1996, c. 17, s. 15.

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

1993, c. 71, s. 54; 1999, c. 40, s. 283.

43. 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 Société the alcoholic beverages seized and the receptacles containing the same; 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. 20, s. 43; 1977, c. 5, s. 14; 1992, c. 61, s. 572; 1999, c. 40, s. 283.

44. (Repealed).

1971, c. 20, s. 44; 1992, c. 61, s. 573.

45. (Repealed).

1971, c. 20, s. 45; 1988, c. 21, s. 140; 1990, c. 4, s. 828.

46. (Repealed).

1971, c. 20, s. 46; 1977, c. 5, s. 14; 1986, c. 86, s. 34; 1988, c. 46, s. 24; 1990, c. 4, s. 829; 1992, c. 61, s. 574.

47. 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 production or 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 prosecutor, the confiscation of alcoholic beverages that are unfit for human consumption.

Prior notice of the application for confiscation must be given by the prosecutor to the person from whom the things were seized or to the defendant, except where they are in the presence of the judge.

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

1971, c. 20, s. 47; 1986, c. 95, s. 315; 1992, c. 61, s. 575; 1993, c. 71, s. 55; 1996, c. 17, s. 16; 1999, c. 40, s. 283.

47.1. 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 Société, allow the latter to dispose of the alcoholic beverages.

1993, c. 71, s. 56; 1999, c. 40, s. 283.

48. (Repealed).

1971, c. 20, s. 48; 1992, c. 61, s. 576.

49. Alcoholic beverages and their receptacles which have been seized and confiscated shall be turned over to the Société.

1971, c. 20, s. 49; 1999, c. 40, s. 283.

50. When confiscation has been ordered by a court or has been carried out under section 47, the Société shall sell any beer seized, with the receptacles containing the same, to a brewer or other person holding a permit for the sale of beer or of beer and wine. The Société shall take possession, as owner, of all 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 section 52.

1971, c. 20, s. 50; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 1993, c. 71, s. 57; 1996, c. 17, s. 17; 1999, c. 40, s. 283.

51. Where 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 permit holder at the time of his bankruptcy or assignment of property or the time of the taking of possession must be surrendered to the Société. The latter, within one month after the date of such delivery, shall remit to whosoever is entitled thereto:

(a)  the proceeds of the sale by the Société of the beer and weak cider, and the receptacles containing the same, 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. 20, s. 51; 1993, c. 71, s. 58; 1999, c. 40, s. 283.

52. 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.

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

1971, c. 20, s. 52; 1977, c. 5, s. 14; 1986, c. 86, s. 41; 1988, c. 46, s. 24.

53. When the holder of a small-scale production permit, a small-scale beer producer’s permit or an industrial permit within the meaning of this Act voluntarily winds up his business or abandons his permit but no court has ordered seizure, confiscation or destruction of the alcoholic beverages, they must be turned over to the Société which shall dispose of them as provided in section 50.

1971, c. 20, s. 53; 1979, c. 77, s. 29; 1984, c. 36, s. 44; 1986, c. 96, s. 39; 1986, c. 111, s. 11; 1996, c. 34, s. 16; 1999, c. 40, s. 283.

54. 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 such motion may order, on such conditions as he determines, the delivery of the thing under seizure.

1971, c. 20, s. 54; 1992, c. 61, s. 577; 1996, c. 17, s. 18.

55. (Repealed).

1971, c. 20, s. 55; 1983, c. 30, s. 10; 1992, c. 61, s. 578.

55.1. Where a person is convicted of having made alcoholic beverages without a permit in any premises, the provisions of the Disorderly Houses Act (chapter M-2) apply with the necessary modifications.

1990, c. 21, s. 13.

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

1990, c. 21, s. 13.

55.3. Where a person is convicted of an offence under this Act, the amount of the fine to which he is liable shall be doubled if, during the trial, it is proved that the alcoholic beverages made, transported or sold by that person were of bad quality or unfit for consumption, had been made fraudulently or were adulterated.

1990, c. 21, s. 13.

55.4. 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.

1990, c. 21, s. 13.

55.5. To obtain a conviction, it shall not be necessary that the date mentioned in the statement of offence as the date on which the offence was committed be exactly proved; it shall be sufficient to prove that the period of time allowed by law for the prosecution of the offence has not expired.

1990, c. 21, s. 13; 1992, c. 61, s. 579.

55.6. If the judge considers it necessary for the purposes of this Act, he may cause any alcoholic beverage to be analysed by the Société’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 Société and be remitted to it.

1990, c. 21, s. 13; 1996, c. 17, s. 19; 1999, c. 40, s. 283.

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

Where beverages that have been seized 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.

1990, c. 21, s. 13; 1994, c. 26, s. 11; 1996, c. 17, s. 20; 1999, c. 40, s. 283.

DIVISION VI FINANCIAL STRUCTURE OF THE SOCIÉTÉ

1999, c. 40, s. 283.

56. The fiscal year of the Société shall expire on the last Saturday of March each year.

1971, c. 20, s. 56; 1999, c. 40, s. 283.

57. Before the beginning of each fiscal year, the Société must prepare an investment budget and an operating budget and send them to the Conseil du trésor for approval.

1971, c. 20, s. 57; 1977, c. 5, s. 14; 1999, c. 40, s. 283.

58. Dividends paid by the Société are fixed by the Minister of Finance and not by the directors.

1971, c. 20, s. 58; 1999, c. 40, s. 283.

59. The Société must, not later than 30 June each year, send its financial statements and annual report for its previous fiscal year to the Minister of Finance; such report must also contain all information that the Minister may require.

The Minister must table the annual report and the financial statements in the National Assembly within 15 days after receiving them or, if it is not sitting, within 15 days of resumption.

The Société must provide the Minister of Finance with any information concerning the Société and its subsidiaries he requires.

1971, c. 20, s. 59; 1979, c. 77, s. 29; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1999, c. 8, s. 20; 1999, c. 40, s. 283; 2003, c. 29, s. 136; 2006, c. 59, s. 116.

60. The books and accounts of the Société shall be audited jointly every year by the Auditor General and an external auditor appointed by the Government. The remuneration of the external auditor shall be paid out of the revenues of the Société. The joint report must accompany the Société’s annual report.

1971, c. 20, s. 60; 1999, c. 40, s. 283; 2006, c. 59, s. 117.

DIVISION VII FINAL PROVISION

61. The Minister of Finance shall have charge of the application of this Act, with the exception of section 29.1, the first, second and third paragraphs of section 30 and sections 30.1 to 35.3, 36 to 36.3, 37.2 and 38 to 55.7, which come under the jurisdiction of the Minister of Public Security, and with the exception of the other provisions of Divisions III and IV which come under the jurisdiction of the Minister of Economic Development, Innovation and Export Trade.

1971, c. 20, s. 61; 1979, c. 77, s. 29; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1990, c. 21, s. 14; 1992, c. 17, s. 12; 1994, c. 16, s. 51; 1996, c. 34, s. 17; 1999, c. 8, s. 20; 2003, c. 29, s. 136; 2006, c. 8, s. 30.

The Minister of Finance exercises the functions of the Minister of Economic Development, Innovation and Export Trade provided for in this Act. Order in Council 412-2016 dated 25 May 2016, (2016) 148 G.O. 2 (French), 2923.

62. (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 20 of the statutes of 1971, in force on 31 December 1977, is repealed, except sections 62 to 64, 66 and 67, effective from the coming into force of chapter S-13 of the Revised Statutes.