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Regulatory measures
CHAPTER III : REGULATORY MEASURES
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,
- recognizes the reserved designation concerned; or
- makes a regulation to authorize an added-value claim and define
the standards with which products must comply in order to qualify
for it.
- 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,
- enter the premises at any reasonable time;
- inspect the products, the premises and any object to which this
Act and the regulations apply, and take samples free of charge;
- take photographs or make recordings; and
- 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
- 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
- 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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