Chapiter III : Controls

DIVISION I : RECOGNITION AND AUTHORIZATION

30. When one or more certification bodies have demonstrated to the Board that they meet the standards and criteria set out in the applicable accreditation manual and have provided the documents and information required by regulation of the Minister, the Minister, on the recommendation of the Board,

  1. recognizes the reserved designation concerned; or
  2. makes a regulation to authorize an added-value claim and define the standards with which products must comply in order to qualify for it.
  3. If the reserved designation or added-value claim is for a product that contains alcohol within the meaning of the Act respecting offences relating to alcoholic beverages (R.S.Q., chapter I-8.1), the Minister must, in addition, obtain the opinion of the Minister responsible for the administration of that Act and the opinion of the Minister responsible for the administration of Divisions III and IV of the Act respecting the Société des alcools du Québec (R.S.Q., chapter S-13).

2006, c. 4, s. 30.

31. The Minister gives notice of the recognition of a reserved designation in the Gazette officielle du Québec.

The notice specifies where and how the specification manual may be consulted.

2006, c. 4, s. 31.

32. The recognition of a reserved designation takes effect on the date of publication of the notice in the Gazette officielle du Québec and the authorization of an added-value claim, on the date of coming into force of the regulation.

From that date, the Board has the power to accredit certification bodies and regulate the use of the recognized reserved designation or the authorized added-value claim.

Despite the first paragraph, the Minister may delay the effective date of a notice relating to a reserved designation in order to give the persons concerned the opportunity to comply with this Act.

2006, c. 4, s. 32.

33. The Board may institute proceedings against any person using a recognized reserved designation or authorized added-value claim for products not certified by an accredited certification body.

2006, c. 4, s. 33.

DIVISION II : INSPECTION AND SEIZURE

34. The Minister appoints the inspectors, analysts and other officers necessary for the enforcement of this Act and the regulations on the recommendation of the Board and from among its personnel.

2006, c. 4, s. 34.

35. An inspector who has reasonable grounds to believe that products or objects to which this Act or the regulations apply may be found in certain premises may, in the exercise of inspection functions,

  1. enter the premises at any reasonable time;
  2. inspect the products, the premises and any object to which this Act and the regulations apply, and take samples free of charge;
  3. take photographs or make recordings; and
  4. require the production of any book, bill of lading, record or other document for examination or for the purpose of making copies or extracts, if the inspector has reasonable grounds to believe that they contain information related to the application of this Act or the regulations.

2006, c. 4, s. 35.

36. An inspector may, in the exercise of inspection functions, require any person to produce the documents or information held by the person that the inspector needs in order to make sure that a product or object complies with the provisions of this Act and the regulations. The person must furnish the documents or information to the inspector within such reasonable time as is specified by the inspector.

2006, c. 4, s. 36.

37. An inspector may seize any product or object to which this Act applies if the inspector has reasonable grounds to believe that the product or object was used in the commission of an offence under this Act or the regulations.

2006, c. 4, s. 37.

38. Inspectors, analysts and other officers must, on request, identify themselves and produce a certificate of authority signed by the Minister.

A person that hinders an inspector, analyst or other officer in the exercise of official functions or misleads or attempts to mislead, or fails or refuses to obey an inspector, analyst or other officer, is guilty of an offence and is liable to a fine of not less than $1,000 nor more than $6,000 and, for a subsequent offence, to a fine of not less than $3,000 nor more than $18,000.

2006, c. 4, s. 38.

DIVISION III : AUTHORIZATION TO REMEDY

39. On application and if considered appropriate by the Minister, the Minister may authorize the owner or possessor of a seized product to make the identification of the product compliant with this Act and the regulations of the Minister. Authorization is granted on the advice of the Board and on the conditions the Minister specifies regarding such matters as the packaging and labelling of the product as well as indications, logos, symbols or other markings associated with the product or its identification.

The application must be made in writing to the Minister not later than 30 days after the date of the seizure. It must be submitted with a detailed description of the proposed steps for making the identification of the product compliant with this Act and the regulations of the Minister. The detailed description must include a time frame and indicate a projected completion date.

The application must also be submitted with a written undertaking to pay the costs involved and reimburse the Board for inspection costs and other expenses related to the verification of the product.

If the Board is satisfied with the proof presented by the holder of the authorization to the effect that the identification of the product has been made compliant with this Act and the regulations of the Minister, it certifies that fact in writing.

The seizure is lifted on the date the holder of the authorization receives the certificate. The Board so informs the Minister in writing.

2006, c. 4, s. 39.

40. If the holder of an authorization under section 39 fails to comply with any of the specified conditions, the Minister, on the recommendation of the Board, may revoke the authorization. Revocation of the authorization obliges the holder to destroy the product, at the holder’s expense, within the time determined by the Minister and according to the Minister’s instructions. If the holder fails to do so, the product is confiscated by an inspector and the Board destroys the product at the holder’s expense.

2006, c. 4, s. 40.

DIVISION IV : DISPOSAL OF THING SEIZED

41. The owner or possessor of a thing seized assumes custody of that thing. An inspector may, however, if the inspector considers it appropriate, remove it to other premises for safekeeping. In addition, the custodian retains custody of the thing seized when it is submitted in evidence, unless the judge decides otherwise. The custody is maintained until it is dealt with under section 39, 42, 43, 44 or 45 or, if proceedings are instituted, until a judge rules on it.

2006, c. 4, s. 41.

42. The thing seized must be returned to the owner or possessor

  1. if a period of 90 days has expired after the date of seizure and no proceedings have been instituted or authorization granted under section 39; or
  2. if the inspector is of the opinion, after verification during that period, that no offence under this Act or the regulations has been committed or that the owner or possessor of the thing seized has, since the seizure, complied with this Act and the regulations.

2006, c. 4, s. 42.

43. A judge may, on the application of the seizor, authorize the sale of the thing seized if it is perishable or likely to depreciate rapidly.

At least one clear day’s prior notice of the application must be served on the person from whom the thing was seized and on the persons who claim to have a right in the thing. However, the judge may exempt the seizor from service if deterioration of the thing is imminent.

The conditions of the sale are determined by the judge. The proceeds of the sale are deposited with the Minister of Finance in accordance with the Deposit Act (R.S.Q., chapter D-5).

2006, c. 4, s. 43.

44. The owner or possessor of the thing seized may, at any time, apply to a judge to obtain the release of the thing or of the proceeds of the sale, except if the owner or possessor has applied for an authorization under section 39.

The application must be served on the seizor or, if proceedings have been instituted, on the prosecutor.

The judge grants the application if satisfied that the applicant would suffer serious or irreparable damage from continued detention of the thing seized or of the proceeds of the sale and that the release will not hinder the course of justice.

2006, c. 4, s. 44.

45. If the owner or possessor of a thing seized is unknown or untraceable, the thing seized or the proceeds of the sale are transferred to the Minister of Revenue 90 days after the date of seizure, together with a statement describing the thing and indicating, if available, the name and last known address of the interested party.

The provisions of the Public Curator Act (R.S.Q., chapter C-81) pertaining to unclaimed property apply to the thing or proceeds so transferred to the Minister of Revenue.

2006, c. 4, s. 45.

46. On the application of the seizor, a judge may order that the period of detention be prolonged for a maximum of 90 days.

2006, c. 4, s. 46.

47. On the application of either party, a judge may, on pronouncing a conviction for an offence under a provision of this Act or the regulations, order the confiscation of a thing seized or of the proceeds of the sale.

Prior notice of the application for confiscation must be given to the other party and to the person from whom the thing was seized, except if they are in the presence of the judge.

The Board prescribes the manner in which the thing or proceeds of the sale confiscated under this section are to be disposed of.

2006, c. 4, s. 47.

48. Except with the assent of an inspector, no person may sell or offer for sale a seized or confiscated thing, or remove or allow such a thing, its container or the writ of seizure or confiscation to be removed, or remove or break seals affixed by an inspector.

2006, c. 4, s. 48.

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Chapiter III : Controls

2015