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Statutes of Newfoundland 1994


CHAPTER 36

CHAPTER 36

AN ACT TO AMEND THE TOBACCO TAX ACT

(Assented to December 16, 1994)

Analysis

1. S.39 Amdt.
Appointment of inspectors

2. S.41 Amdt.
Search for tobacco or records

3. S.42 Amdt.
Seizure of contraband

4. S.43 Amdt.
Disposal

5. S.43.1 Amdt.
Third party claims

6. S.43.2 Added
Search warrants

7. 1991 c53 Amdt.

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cT-5 as amended

1. (1) Subsection 39(2) of the Tobacco Tax Act is amended by striking out the word "inspector" and substituting the word "minister".

(2) Section 39 of the Act is amended by adding immediately after subsection (2) the following:

(3) For the purpose of this Act an inspector includes a member of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police.

2. Subsections 41(1) and (2) of the Act are repealed and the following substituted:

Search for tobacco or records

41. (1) Where an inspector believes on reasonable grounds that a person is contravening or has contravened this Act, the inspector may, with a warrant issued under subsection (2), enter commercial or private premises in the province, and

(a) search for contraband;

(b) examine the contents of the commercial or private premises and make those inquiries that the inspector considers are necessary;

(c) seize, take away and hold anything which on reasonable grounds is or appears to be contraband;

(d) seize and take away manifests, bank statements, books, accounts or records and shall, upon the request of the owner of them, make copies of those manifests, bank statements, books, accounts or records and those copies shall be returned to that owner as soon as is practicable; and

(e) seize, take away and hold a motor vehicle, air craft, ship, boat or other thing in which contraband is located in or on a commercial or private premises.

(2) A Provincial Court judge or justice of the peace who is satisfied upon oath or affirmation that there are reasonable grounds for believing that there is in commercial or private premises anything that will provide evidence with respect to a contravention of this Act may issue a warrant authorizing the inspector named in the warrant to enter the commercial or private premises, search for and seize anything that will provide evidence with respect to a contravention of this Act subject to the conditions that may be specified in the warrant.

3. (1) Section 42 of the Act is amended by adding immediately before the word "things" the word "other".

(2) Paragraph 42(c) of the Act is amended by striking out the words "and vouchers" and substituting a comma and the words "vouchers and other things".

4. (1) Subsection 43(3) of the Act is repealed and the following substituted:

(3) Where a person from whom contraband or a motor vehicle, aircraft, ship, boat or other thing has been seized under section 41 or 42 is convicted of an offence under section 68.1 in relation to that seizure, that contraband, if not forfeited under subsection (1) and that motor vehicle, aircraft, ship, boat or other thing shall be forfeited to the Crown to be disposed of as the minister directs.

(2) Subsection 43(4) of the Act is amended by striking out the words "or boat" and substituting a comma and the words "boat or other thing".

(3) Subsection 43(5) of the Act is amended by striking out the words "or boat" and substituting a comma and the words "boat or other thing" and by striking out the word "thing" and substituting the word "item".

5. (1) Subsection 43.1(1) of the Act is amended by striking out the words "or boat" and substituting a comma and the words "boat or other thing".

(2) Subsection 43.1(2) of the Act is repealed and the following substituted:

(2) If, on the hearing of an application under subsection (1) a Provincial Court judge is satisfied that the applicant has not been involved in the offence resulting in the seizure and has not colluded with an accused in relation to the offence, the judge may order that a seized motor vehicle, aircraft, ship, boat or other thing be returned to the applicant at a time and subject to conditions to be specified by the judge.

6. The Act is amended by adding immediately after section 43.1 the following:

Search warrants

43.2 Notwithstanding another section of this Act, the provisions of the Criminal Code adopted by section 7 of the Summary Proceedings Act relating to the issue of search warrants may be invoked for the purpose of a search made under this Act in respect of which a search warrant is required or is desirable.

1991 c53 Amdt.

7. Section 4 of the Lotteries Act is amended by adding subsection (4) as follows:

(4) Where a person who applies for or holds a licence issued under subsection (1) is convicted of an offence under the Tobacco Tax Act, the Minister of Justice shall refuse to issue or shall cancel or suspend that person's licence.

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