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I-8.1 - Act respecting offences relating to alcoholic beverages

Section 126
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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(2)  (paragraph repealed);
(3)  (paragraph repealed);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.
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.
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.
126. Any person authorized under section 125 may, in exercising the powers provided therein,
(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)  even by force, enter any place where he has reasonable cause to believe that alcoholic beverages are kept or sold in contravention of this Act, search such place and take such any measure necessary for the discovery of such alcoholic beverages;
(3)  seize any alcoholic beverages, and the receptacles containing them, shipped into a municipality where a prohibition by-law is in force or whose council has ordered that permits or certain kinds of permits shall not be granted, unless each parcel containing alcoholic beverages is visibly addressed to a bona fide purchaser. The fact that such parcel is so addressed shall not, however, prevent the seizure of such alcoholic beverages and receptacles, if such beverages have been shipped or sold in contravention of this Act;
(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.
1971, c. 19, s. 130; 1979, c. 71, s. 146, s. 160; 1986, c. 95, s. 151; 1993, c. 39, s. 95.
126. Any person authorized under section 125 may, in exercising the powers provided therein,
(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)  even by force, enter any place where he has reasonable cause to believe that alcoholic beverages are kept or sold in contravention of this Act, search such place and take such any measure necessary for the discovery of such alcoholic beverages;
(3)  seize any alcoholic beverages, and the receptacles containing them, shipped into a municipality where a prohibition by-law is in force or whose council has ordered that permits or certain kinds of permits shall not be granted, unless each parcel containing alcoholic beverages is visibly addressed to a bonafide purchaser. The fact that such parcel is so addressed shall not, however, prevent the seizure of such alcoholic beverages and receptacles, if such beverages have been shipped or sold in contravention of this Act;
(4)  seize any alcoholic beverages found in a disorderly house and the receptacles containing them;
(5)  seize any alcoholic beverages if he or the Régie 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.
1971, c. 19, s. 130; 1979, c. 71, s. 146, s. 160; 1986, c. 95, s. 151.
126. Any person authorized under section 125 may,
(1)  whenever 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 such alcoholic beverages are in sufficient quantity to give rise to the suspicion that they 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 it is suspected on reasonable grounds that such person has already been convicted of any offence under this act; or
(c)  if the said beverages are transported under circumstances leading to the belief that they are being so transported to be sold without a permit;
(2)  even by force, enter any place where he suspects that alcoholic beverages are kept or sold in contravention of this act, search such place and take such measures as he may deem expedient for the discovery of such alcoholic beverages;
(3)  seize, without a warrant, any alcoholic beverages, and the receptacles containing them, shipped into a municipality where a prohibition by-law is in force or whose council has ordered that permits or certain kinds of permits shall not be granted, unless each parcel containing alcoholic beverages is visibly addressed to a bonafide purchaser. The fact that such parcel is so addressed shall not, however, prevent the seizure of such alcoholic beverages and receptacles, if such beverages have been shipped or sold in contravention of this act;
(4)  seize, without a warrant, any alcoholic beverages found in a disorderly house and the receptacles containing them;
(5)  seize, without a warrant, any alcoholic beverages which to his knowledge or that of the Régie are kept, transported or sold in contravention of this act otherwise than as hereinabove indicated, and the receptacles containing the same.
1971, c. 19, s. 130; 1979, c. 71, s. 146, s. 160.
126. Any person authorized under section 125 may,
(1)  whenever 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 such alcoholic beverages are in sufficient quantity to give rise to the suspicion that they are being so transported to be sold;
(b)  if they are addressed to a person not the holder of a permit under this act, for the sale of alcoholic beverages of that kind, and if it is suspected on reasonable grounds that such person has already been convicted of any offence under this act; or
(c)  if the said beverages are transported under circumstances leading to the belief that they are being so transported to be sold without a permit;
(2)  even by force, enter any place where he suspects that alcoholic beverages are kept or sold in contravention of this act, search such place and take such measures as he may deem expedient for the discovery of such alcoholic beverages;
(3)  seize, without a warrant, any alcoholic beverages, and the receptacles containing them, shipped into a municipality where a prohibition by-law is in force or whose council has ordered that permits or certain kinds of permits shall not be granted, unless each parcel containing alcoholic beverages is visibly addressed to a bonafide purchaser. The fact that such parcel is so addressed shall not, however, prevent the seizure of such alcoholic beverages and receptacles, if such beverages have been shipped or sold in contravention of this act;
(4)  seize, without a warrant, any alcoholic beverages found in a disorderly house and the receptacles containing them;
(5)  seize, without a warrant, any alcoholic beverages which to his knowledge or that of the Commission are kept, transported or sold in contravention of this act otherwise than as hereinabove indicated, and the receptacles containing the same.
1971, c. 19, s. 130.
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