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Canada — Quebec Act or statute

Canada — Quebec legislation

Act respecting reserved designations and added-value claims, 2006

1. The object of this Act is to protect the authenticity of products, and of terms used to identify and promote them, through product certification based on origin or on special characteristics associated with a method…

Source excerpt

abstentionaccreditationaccreditation applicationaccreditation withdrawaladded-value claimadded-value claimsadvertising complianceagricultural productsappointmentsauthorization complianceboard activitiesboard compositionboard governanceboard meetingsboard member conductboard remunerationcasting votecertificationcertification bodiescertification oversightcompliance timingconfiscationconfiscation after convictionconflict of interestconsultation noticescontributionscustodydisclosuredismissaldissolutiondocument productiondocumentationeffective dateexpense reimbursementfinesfood productsinspection costsinternal disclosurejudicial applicationlabels and markingsministerial authorizationministerial noticeoffenceoffence enforcementoffencespenal proceedingspenaltiespresumptionsproduct authenticityproduct certificationproduct characteristicsproduct claimsproduct complianceproduct designationproduct destructionproduct labellingproduct sales intentpublic noticepublication noticequorumregulated designationsregulatory enforcementregulatory inspectionrelease of seized thingreserved designationreserved designationsresignationsafekeepingsamplingseizureseizure and sale of seized propertyseizure dispositionseizure of goodsservice of applicationstandards compliancesuccessionterms of officevoting
Jurisdiction
Canada — Quebec
Structure
81 provisions
Official identity
Year 2006
Dates
Enacted 2006 · Source version 10 Jun 2026
More statute details
Dates
Enacted 2006 · Source version 10 Jun 2026
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01

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“1. The object of this Act is to protect the authenticity of products, and of terms used to identify and promote them, through product certification based on origin or on special characteristics associated with a method of production or”

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Section 1

1. The object of this Act is to protect the authenticity of products, and of terms used to identify and promote them, through product certification based on origin or on special characteristics associated with a method of production or

Section 1

Section 21

Board members may waive notice of a meeting; attendance can also count as waiver unless they are there only to contest the meeting’s legality.

Section 21

Section 41

The owner or possessor of a seized thing takes custody of it. An inspector may move it to other premises for safekeeping if appropriate. If the thing is submitted in evidence, the custodian keeps custody unless a judge decides אחרת. Cus…

Section 41

Section 61

The Minister may cancel recognition of a reserved designation after seeking the Board’s advisory opinion.

Section 61

Schedule

This schedule repeals chapter 4 of the statutes of 2006, with an exception for section 80, and separately repeals listed sections of that chapter as of the later updating date.

Schedule

04

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Source record from www.legisquebec.gouv.qc.ca · Enacted 2006 · Source version 10 Jun 2026

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Showing 81 of 81 provisions

Provision 67Offence 11Repeal 2Amendment
§ 1Section 1Provision

Source excerpt

1. The object of this Act is to protect the authenticity of products, and of terms used to identify and promote them, through product certification based on origin or on special characteristics associated with a method of production or

1. The object of this Act is to protect the authenticity of products, and of terms used to identify and promote them, through product certification based on origin or on special characteristics associated with a method of production or specificity. 2006, c. 4, s. 1.
Section 1Verify source
§ 2Section 2Provision

Source excerpt

This section defines “product” as an unprocessed or processed agricultural, aquacultural, or other food product intended for sale.

2. In this Act, “product” means an unprocessed or processed agricultural, aquacultural or other food product that is intended for sale. 2006, c. 4, s. 2.
Section 2Verify source
§ 3Section 3Provision

Source excerpt

3. A reserved designation falls into one of the following three classes: (1) reserved designations relating to a method of production such as organic farming; (2) reserved designations relating to a link with a terroir, such as protected

3. A reserved designation falls into one of the following three classes: (1) reserved designations relating to a method of production such as organic farming; (2) reserved designations relating to a link with a terroir, such as protected designations of origin and protected geographical indications; (3) reserved designations relating to specificity. 2006, c. 4, s. 3.
Section 3Verify source
§ 4Section 4Provision

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This section defines an authorized added-value claim as a claim about a product’s special characteristic, usually its method of production or preparation, that consumers seek.

4. An authorized added-value claim identifies a special characteristic of a product, generally a method of production or preparation, that is sought by the consumer. 2006, c. 4, s. 4.
Section 4Verify source
§ 5Section 5Provision

Source excerpt

A product must be certified by an accredited certification body to qualify for a reserved designation or an added-value claim.

5. To qualify for a reserved designation, a product must be certified by an accredited certification body as compliant with a specification manual. To qualify for an added-value claim, a product must be certified by an accredited certification body as compliant with standards defined by regulation of the Minister. 2006, c. 4, s. 5.
Section 5Verify source
§ 6Section 6Provision

Source excerpt

Parties registered with an accredited certification body have the exclusive right to use the designation or claim, subject to that body’s conditions.

6. Recognition of a reserved designation or authorization of an added-value claim grants the parties registered with an accredited certification body the exclusive right to use the designation or claim, on the conditions set by that certification body. 2006, c. 4, s. 6.
Section 6Verify source
§ 7Section 7Provision

Source excerpt

The provision creates the reserved designations and added-value claims board, gives it legal-person status, and deems it a public body for applying the access-to-information and personal-information law.

7. A reserved designations and added-value claims board (“the Board”) is established under the name “Conseil des appellations réservées et des termes valorisants”. The Board is a legal person. The Board is deemed a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) for the sole purpose of making the Board subject to that Act. 2006, c. 4, s. 7.
Section 7Verify source
§ 8Section 8Provision

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The Board’s head office is in Québec city, and it may hold meetings anywhere in Québec.

8. The Board has its head office in the city of Québec. It may hold its meetings anywhere in Québec. 2006, c. 4, s. 8.
Section 8Verify source
§ 9Section 9Provision

Source excerpt

The Board must accredit compliant bodies, advise the Minister on reserved designations and added-value claims, hold consultations in specified preparatory contexts, issue advisory opinions on products that may qualify, and monitor use of recognized designations and authorized claims.

9. The mission of the Board is (1) to accredit bodies that comply with the applicable accreditation manual as certification bodies; (2) to advise the Minister on the recognition of reserved designations; (3) to advise the Minister on the authorization of added-value claims and issue advisory opinions on the special characteristics of products that may qualify for those claims; (4) to hold consultations, particularly prior to recommending the recognition of a reserved designation or the authorization of an added-value claim and prior to issuing advisory opinions on the special characteristics of products that may qualify for those claims; and (5) to monitor the use of recognized reserved designations and authorized added-value claims. 2006, c. 4, s. 9.
Section 9Verify source
§ 10Section 10Provision

Source excerpt

The Board must prepare an accreditation manual, monitor accredited certification bodies, and ensure compliance with the rules for using recognized reserved designations and authorized added-value claims.

10. To that end, the Board (1) prepares, in accordance with the regulations of the Minister, an accreditation manual setting out the standards and criteria against which it will assess applications for accreditation; (2) monitors accredited certification bodies, and sees that they apply certification standards and criteria and have the necessary resources to exercise adequate supervision, as provided for in the applicable accreditation manual, over the activities of users of recognized reserved designations and authorized added-value claims, and the necessary resources to verify the products they certify; and (3) sees that the parties registered with an accredited certification body comply with the rules for using recognized reserved designations and authorized added-value claims. 2006, c. 4, s. 10.
Section 10Verify source
§ 11Section 11Provision

Source excerpt

The Board may impose a contribution on accredited certification bodies to cover the cost of its activities.

11. The Board may impose a contribution on accredited certification bodies to cover the cost of its activities. 2006, c. 4, s. 11.
Section 11Verify source
§ 12Section 12Provision

Source excerpt

The Board has nine members, with the Government appointing two of them, including the chair and executive director, and the Conseil de promotion de l’agroalimentaire québécois appointing one member for each listed stakeholder group.

12. The Board is composed of nine members, including a chair and executive director. The Government appoints two members, including the chair and executive director. The Conseil de promotion de l’agroalimentaire québécois incorporated by letters patent issued under Part III of the Companies Act (chapter C-38) appoints a member from each of the following groups: (1) producers; (2) processors; (3) distributors; (4) retailers; (5) certification bodies; (6) consumers; and (7) producers of products that contain alcohol. The Conseil de promotion de l’agroalimentaire québécois chooses each of these seven members from among the candidates proposed by the representative associations for the group concerned; those associations collectively propose three to five candidates. If the Conseil de promotion de l’agroalimentaire québécois fails to make those appointments, the Minister designates another legal person with similar activities. 2006, c. 4, s. 12.
Section 12Verify source
§ 13Section 13Provision

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Board members are appointed for up to three years, with two Board positions becoming vacant each year; when a term ends, members stay in office until replaced or reappointed.

13. The members of the Board are appointed for a term not exceeding three years in such a manner that two positions on the Board become vacant each year. On the expiry of their term, the members remain in office until replaced or reappointed. 2006, c. 4, s. 13.
Section 13Verify source
§ 14Section 14Provision

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A Board member may resign by giving the Minister written notice.

14. A member of the Board may resign by sending a written notice of resignation to the Minister. 2006, c. 4, s. 14.
Section 14Verify source
§ 15Section 15Provision

Source excerpt

15. The Board assigns the following functions to committees: (1) to design an accreditation manual in keeping with the criteria and requirements prescribed by regulation of the Minister, to assess specification manuals, to assess, at the

15. The Board assigns the following functions to committees: (1) to design an accreditation manual in keeping with the criteria and requirements prescribed by regulation of the Minister, to assess specification manuals, to assess, at the Minister’s request to the Board, the special characteristics of products that may qualify for an added-value claim, and to assess the advisability of holding consultations on proposed amendments to a specification manual; (2) to assess, in light of the applicable accreditation manual and through such means as inspection plans designed to verify the compliance of a product with the specification manual or the regulation authorizing the relevant added-value claim, the capacity of certification bodies to administer a certification program, and to ensure that accredited certification bodies comply with the standards and criteria set out in the applicable accreditation manual; and (3) to monitor the use of recognized reserved designations and authorized added-value claims, and to assess suitable means or proceedings to prevent the unlawful use of those designations and claims. Each committee is composed of members qualified in the matters within its purview. The functions set out in subparagraphs 1, 2 and 3 must be exercised by separate committees. The Board makes a decision on an accreditation manual, an accreditation, consultations or suitable means and proceedings once an assessment has been submitted by the competent committee. 2006, c. 4, s. 15.
Section 15Verify source
§ 16Section 16Provision

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The chair and executive director is responsible for board administration and general management, works full-time, and chairs board meetings. A replacement may be designated if that person is absent or unable to act; otherwise the Government may appoint one.

16. The chair and executive director is responsible for the administration and general management of the Board. The position of chair and executive director is a full-time position. The chair and executive director calls and presides at meetings of the Board and sees to the proper conduct of business. The chair and executive director, if absent or unable to act, is replaced by the member designated by the chair and executive director. If that member or another member is absent or unable to act, the Government may appoint a replacement. 2006, c. 4, s. 16.
Section 16Verify source
§ 17Section 17Provision

Source excerpt

The chair and executive director is entitled to remuneration and employment benefits set by the Government. Other board members receive no remuneration, but may be reimbursed for expenses incurred in performing their functions under the internal by-laws.

17. The chair and executive director is entitled to remuneration and employment benefits in accordance with the standards and scales set by the Government. The other members of the board of directors receive no remuneration. They are entitled, however, to the reimbursement of expenses incurred in the exercise of their functions on the conditions and to the extent determined by the internal by-laws. 2006, c. 4, s. 17.
Section 17Verify source
§ 18Section 18Provision

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The Board may appoint a secretary and hire the personnel it needs to carry out its functions.

18. The Board may appoint a secretary and hire the personnel it requires to carry out its functions. The secretary of the Board and the other members of its personnel are appointed in accordance with the staffing plan established by by-law of the Board. The Board determines the standards and scales of remuneration, employment benefits and other conditions of employment of the members of its personnel by by-law, subject to the provisions of a collective agreement. 2006, c. 4, s. 18.
Section 18Verify source
§ 19Section 19Provision

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The Board has quorum when a majority of its members are present, including the chair and executive director (or their replacement).

19. The quorum at meetings of the Board is the majority of its members, including the chair and executive director or the person replacing the chair and executive director. Decisions of the Board are made by a majority vote of the members present. In the case of a tie vote, the person presiding at the meeting has a casting vote. 2006, c. 4, s. 19.
Section 19Verify source
§ 20Section 20Provision

Source excerpt

Board members must not have a direct or indirect interest in a certification body. If a member has a conflicting interest in an enterprise, the member must disclose it in writing and abstain from decisions involving that enterprise, on pain of forfeiture of office.

20. No member of the Board may have a direct or indirect interest in a certification body. A member who has a direct or indirect interest in an enterprise causing the member’s personal interest to conflict with the interest of the Board must, on pain of forfeiture of office, disclose the interest in writing and abstain from participating in any decision involving the enterprise. 2006, c. 4, s. 20.
Section 20Verify source
§ 21Section 21Provision

Source excerpt

Board members may waive notice of a meeting; attendance can also count as waiver unless they are there only to contest the meeting’s legality.

21. The members of the Board may waive notice of a meeting. Attendance at a meeting constitutes a waiver of notice, unless the members are present for the sole purpose of contesting the legality of the meeting. 2006, c. 4, s. 21.
Section 21Verify source
§ 22Section 22Provision

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Board members may attend Board meetings from separate locations if the internal by-laws allow it and the equipment lets everyone communicate directly.

22. The members of the Board may, in the cases and on the conditions specified in the internal by-laws, take part in a meeting of the Board from separate locations by means of equipment allowing all of them to communicate directly with one another. 2006, c. 4, s. 22.
Section 22Verify source
§ 23Section 23Provision

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23. The minutes of the meetings of the Board, approved by the Board and certified by the chair and executive director or the secretary, are authentic. The same applies to documents and copies of documents emanating from the Board or

23. The minutes of the meetings of the Board, approved by the Board and certified by the chair and executive director or the secretary, are authentic. The same applies to documents and copies of documents emanating from the Board or forming part of its records, if they are so certified. 2006, c. 4, s. 23.
Section 23Verify source
§ 24Section 24Provision

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24. An intelligible transcription of a decision or other data stored by any technological means is a document of the Board and is evidence of its contents if it is certified by a person referred to in section 23. 2006, c. 4, s. 24.

24. An intelligible transcription of a decision or other data stored by any technological means is a document of the Board and is evidence of its contents if it is certified by a person referred to in section 23. 2006, c. 4, s. 24.
Section 24Verify source
§ 25Section 25Provision

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A deed, document, or writing is binding on and may be attributed to the Board only if it is signed by the chair and executive director or the secretary.

25. A deed, document or writing is binding on and may be attributed to the Board only if it is signed by the chair and executive director or the secretary. 2006, c. 4, s. 25.
Section 25Verify source
§ 26Section 26Provision

Source excerpt

The Board’s internal by-laws may, if conditions are met, permit signatures on specified documents to be made with an automatic device or by facsimile.

26. The internal by-laws of the Board may, subject to specified conditions, allow a signature to be affixed by means of an automatic device or a facsimile of a signature to be engraved, lithographed or printed on specified documents. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person referred to in section 23. 2006, c. 4, s. 26.
Section 26Verify source
§ 27Section 27Provision

Source excerpt

If the secretary or a Board staff member has a conflicting direct or indirect interest in an enterprise, they must disclose that interest in writing to the chair and executive director, or face dismissal.

27. If the secretary or a member of the personnel of the Board has a direct or indirect interest in an enterprise causing that person’s personal interest to conflict with the interest of the Board, the person must, on pain of dismissal, disclose the interest in writing to the chair and executive director. 2006, c. 4, s. 27.
Section 27Verify source
§ 28Section 28Provision

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Judicial proceedings may not be brought against a Board member, the secretary, or personnel for acts done in good faith while exercising their functions.

28. No judicial proceedings may be brought against a member, the secretary or the personnel of the Board for an act done in good faith in the exercise of their functions. 2006, c. 4, s. 28.
Section 28Verify source
§ 29Section 29Provision

Source excerpt

The Board must send specified personal or other information to the Minister when it is held for this Act and needed for section 4 of the Food Products Act or certain regulations.

29. Any personal or other information held by the Board for the purposes of this Act and required for the purposes of section 4 of the Food Products Act (chapter P-29) or a regulation under paragraph e, h or m of section 40 of that Act must be sent to the Minister. 2006, c. 4, s. 29; 2006, c. 22, s. 175.
Section 29Verify source
§ 30Section 30Offence

Source excerpt

If certification bodies show they meet the accreditation standards and provide required documents, the Minister may recognize the reserved designation or make a regulation for an added-value claim. If the product contains alcohol, the Minister must also obtain two specified opinions.

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. 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 (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 (chapter S-13). 2006, c. 4, s. 30.
Section 30Verify source
§ 31Section 31Provision

Source excerpt

The Minister must give notice of recognition of a reserved designation in the Gazette officielle du Québec.

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.
Section 31Verify source
§ 32Section 32Provision

Source excerpt

A reserved designation takes effect when its notice is published in the Gazette officielle du Québec, and an added-value claim takes effect when the regulation comes into force.

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.
Section 32Verify source
§ 33Section 33Provision

Source excerpt

The Board may start proceedings against a person who uses a recognized reserved designation or authorized added-value claim for products that are not certified by an accredited certification body.

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.
Section 33Verify source
§ 34Section 34Provision

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The Minister appoints inspectors, analysts, and other officers needed to enforce the Act and regulations, on the Board’s recommendation and from among the Board’s personnel.

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.
Section 34Verify source
§ 35Section 35Provision

Source excerpt

An inspector with reasonable grounds to believe relevant products or objects may be in certain premises may enter, inspect, take free samples, take photos or recordings, and require certain documents.

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.
Section 35Verify source
§ 36Section 36Provision

Source excerpt

An inspector may require a person to produce documents or information needed to check compliance, and the person must provide them within the reasonable time specified by the inspector.

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.
Section 36Verify source
§ 37Section 37Offence

Source excerpt

An inspector may seize a product or object covered by the Act if there are reasonable grounds to believe it was used in an offence under the Act or regulations.

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.
Section 37Verify source
§ 38Section 38Offence

Source excerpt

On request, inspectors, analysts and other officers must identify themselves and show a certificate of authority signed by the Minister. A person who hinders, misleads, tries to mislead, or refuses to obey such an officer commits an offence and may be fined.

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.
Section 38Verify source
§ 39Section 39Provision

Source excerpt

The Minister may authorize the owner or possessor of a seized product to fix the product’s identification, if the application is timely and meets the stated conditions.

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.
Section 39Verify source
§ 40Section 40Provision

Source excerpt

If a section 39 authorization holder breaches specified conditions, the Minister may revoke the authorization.

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.
Section 40Verify source
§ 41Section 41Provision

Source excerpt

The owner or possessor of a seized thing takes custody of it. An inspector may move it to other premises for safekeeping if appropriate. If the thing is submitted in evidence, the custodian keeps custody unless a judge decides אחרת. Custody continues until it is dealt with under specified sections or, if proceedings are started, until a judge rules on it.

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.
Section 41Verify source
§ 42Section 42Offence

Source excerpt

The thing seized must be returned to the owner or possessor if 90 days have passed without proceedings or authorization under section 39, or if the inspector concludes no offence was committed or the owner or possessor has complied.

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.
Section 42Verify source
§ 43Section 43Provision

Source excerpt

A judge may authorize sale of seized property on the seizor’s application if the property is perishable or likely to depreciate rapidly.

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 Bureau général de dépôts pour le Québec. 2006, c. 4, s. 43; 2016, c. 7, s. 183.
Section 43Verify source
§ 44Section 44Provision

Source excerpt

The owner or possessor of seized property may apply to a judge at any time for its release or the release of sale proceeds, unless they have applied for authorization under section 39.

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.
Section 44Verify source
§ 45Section 45Provision

Source excerpt

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

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 Unclaimed Property Act (chapter B-5.1) applies to the thing or proceeds so transferred to the Minister of Revenue. 2006, c. 4, s. 45; 2011, c. 10, s. 98.
Section 45Verify source
§ 46Section 46Provision

Source excerpt

On application by the seizor, a judge may prolong detention for up to 90 days.

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.
Section 46Verify source
§ 47Section 47Offence

Source excerpt

A judge may order confiscation after a conviction, if either party applies.

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.
Section 47Verify source
§ 48Section 48Provision

Source excerpt

A person may not sell, offer for sale, remove, allow removal of, or break seals on a seized or confiscated thing unless an inspector assents.

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.
Section 48Verify source
§ 49Section 49Provision

Source excerpt

A qualifying legal person may be entitled to accreditation to certify products, if it applies to the Board and meets the applicable accreditation manual; the Board must also satisfy itself that the applicant can run a certification program.

49. A body constituted as a legal person that applies to the Board for accreditation and, in the opinion of the Board, complies with the applicable accreditation manual is entitled to accreditation to certify products as compliant with a specification manual or with the standards defined by regulation of the Minister. For the purposes of this Act, the administrative unit of Investissement Québec referred to as the “Bureau de normalisation du Québec” in section 8.2 of the Act respecting Investissement Québec (chapter I-16.0.1) is considered a body constituted as a legal person. The Board must satisfy itself that the applicant body has the capacity to administer a certification program based on the specification manual or the standards defined by regulation of the Minister. 2006, c. 4, s. 49; 2019, c. 29, s. 77.
Section 49Verify source
§ 50Section 50Provision

Source excerpt

A body must file an accreditation application with the documents required by the applicable manual and regulations, plus lists of registered parties and products it intends to certify.

50. A body’s application for accreditation must be submitted with all the documents specified in the applicable accreditation manual and the regulations. It must also be submitted with a list of the parties registered with the body and a list of the products that the body intends to certify. 2006, c. 4, s. 50.
Section 50Verify source
§ 51Section 51Provision

Source excerpt

51. The Board may require the applicant body to provide any other document or information it considers relevant to the assessment of the application. It may demand to be allowed to visit, as provided for in the applicable accreditation

51. The Board may require the applicant body to provide any other document or information it considers relevant to the assessment of the application. It may demand to be allowed to visit, as provided for in the applicable accreditation manual, the facilities of the applicant body and of the parties registered with the applicant body. 2006, c. 4, s. 51.
Section 51Verify source
§ 52Section 52Provision

Source excerpt

If the Board thinks the applicant body does not meet the applicable accreditation manual, it must let the applicant body submit observations and must give reasons for denying accreditation.

52. If of the opinion that the applicant body does not meet the standards and criteria set out in the applicable accreditation manual, the Board must first give the applicant body an opportunity to submit its observations, then give reasons for its decision to deny accreditation. 2006, c. 4, s. 52.
Section 52Verify source
§ 53Section 53Provision

Source excerpt

After 15 days from sending the accreditation decision to the interested parties, the Board must give notice in the Gazette officielle du Québec; the decision takes effect when that notice is published.

53. On the expiry of a period of 15 days after the date on which the Board sends the interested parties its decision granting accreditation to the certification body, the Board gives notice of the decision in the Gazette officielle du Québec. The decision becomes effective on the date of publication of the notice. 2006, c. 4, s. 53.
Section 53Verify source
§ 54Section 54Amendment

Source excerpt

Accreditation gives a certification body certain powers and duties.

54. Accreditation gives the certification body for a recognized reserved designation or authorized added-value claim the power or obligation (1) to administer a certification program that complies with the applicable accreditation manual; (2) to refrain from unduly limiting the accessibility of its services for those to whom a specification manual or a regulation authorizing an added-value claim applies or whose activities are regulated by such a manual or regulation; (3) to certify products bearing the recognized reserved designation as compliant with the specification manual or to certify products bearing the authorized added-value claim as compliant with the regulation of the Minister; (4) to ensure that the parties registered with the certification body comply with the specification manual or with the standards defined by regulation of the Minister; (5) to receive any proposed amendment to a specification manual and forward it to the Board; (6) to keep an up-to-date list of the parties registered with the certification body, including their business contact information, and an up-to-date list of the products it certifies, and provide access to those lists, which are public information; and (7) to impose a contribution on the parties registered with the certification body to cover its operating costs. 2006, c. 4, s. 54.
Section 54Verify source
§ 55Section 55Provision

Source excerpt

Before withdrawing a certification body’s accreditation, the Board must explain its reasons and, if applicable, the corrective action needed to avoid withdrawal.

55. Before withdrawing the accreditation of a certification body, the Board must inform the certification body of the reasons for its decision and, if applicable, of the corrective action to be taken to avoid withdrawal. The Board must also give the certification body an opportunity to submit its observations. 2006, c. 4, s. 55.
Section 55Verify source
§ 56Section 56Provision

Source excerpt

After 15 days from sending the withdrawal decision to the interested parties, the Board must publish notice in the Gazette officielle du Québec; the withdrawal takes effect when that notice is published.

56. On the expiry of a period of 15 days after the date on which the Board sends the interested parties a decision to withdraw accreditation, the Board gives notice of the decision in the Gazette officielle du Québec. The withdrawal becomes effective on the date of publication of the notice. 2006, c. 4, s. 56.
Section 56Verify source
§ 57Section 57Provision

Source excerpt

The Minister may make regulations about reserved designations, application materials, accreditation standards, permitted markings, and consultation notices.

57. The Minister may make regulations (1) to determine criteria and requirements for the recognition of reserved designations; (2) to prescribe the documents and information that must be submitted with an application for the recognition of a reserved designation; (3) to determine the standards and criteria that an accreditation manual prepared by the Board must set out and that certification bodies must meet in order to obtain accreditation, which standards and criteria may vary according to the class of reserved designations, according to whether the accreditation manual applies to certification bodies for products that contain alcohol or according to the group of authorized added-value claims the Minister determines; (4) to determine the indications, logos, symbols or other markings that may be used to identify recognized reserved designations or authorized added-value claims and regulate their use; and (5) to determine the content and means of dissemination of a notice that the Board is to hold a consultation and any other conditions related to the consultation. 2006, c. 4, s. 57.
Section 57Verify source
§ 58Section 58Provision

Source excerpt

The Government may make regulations needed to carry out this Act.

58. The Government may, by regulation, make any provision necessary for the carrying out of this Act. 2006, c. 4, s. 58.
Section 58Verify source
§ 59Section 59Provision

Source excerpt

The Minister must make a regulation that identifies the added-value claim and the products or classes of products that may qualify, and sets the standards those products must meet.

59. The Minister must, in a regulation authorizing an added-value claim, (1) identify the added-value claim and the products or the class of products that may qualify for that claim; and (2) define the standards with which such products or products of such a class must comply in order to qualify for that claim. 2006, c. 4, s. 59.
Section 59Verify source
§ 60Section 60Provision

Source excerpt

The Minister may approve or withdraw approval of a certification body, with Board recommendation required for approval and possible for withdrawal. The Minister must publish notice in the Gazette officielle du Québec, and after withdrawal the Board must make the product identification compliant with the Act and regulations.

60. The Minister, on the recommendation of the Board, may approve a certification body accredited by an accreditation body coming under another administrative authority. The Minister gives notice of such approval in the Gazette officielle du Québec. From the publication of the notice, a product bearing a reserved designation or added-value claim certified by the body named in the notice is deemed to qualify for the designation or claim under this Act. The Minister, on the Minister’s own initiative or on the recommendation of the Board, may withdraw the approval of such a certification body. The Minister informs the body concerned and the Board of the withdrawal, and gives notice of it in the Gazette officielle du Québec. The Board must see to it that the identification of the products concerned is made compliant with this Act and the regulations. 2006, c. 4, s. 60.
Section 60Verify source
§ 61Section 61Provision

Source excerpt

The Minister may cancel recognition of a reserved designation after seeking the Board’s advisory opinion.

61. After seeking an advisory opinion from the Board, the Minister may cancel the recognition of a reserved designation, particularly when there no longer is an accredited certification body that meets the standards and criteria set out in the applicable accreditation manual. The Board must, in its advisory opinion, set out any corrective action that could be taken to avoid cancellation of the recognition. In all cases, the Minister must first inform the interested parties of the grounds for cancellation of the recognition and, if applicable, of the corrective action the Minister considers must be taken in order to avoid it. 2006, c. 4, s. 61.
Section 61Verify source
§ 62Section 62Provision

Source excerpt

The Minister must publish notice of a cancellation in the Gazette officielle du Québec, and the cancellation takes effect when the notice is published. The Minister may also delay that effective date to allow interested parties time to comply.

62. The Minister gives notice of the cancellation of the recognition of a reserved designation in the Gazette officielle du Québec. The cancellation takes effect on the date of publication of the notice. Despite the first paragraph, the Minister may delay the effective date of a cancellation to give the interested parties the opportunity to comply with this Act. 2006, c. 4, s. 62.
Section 62Verify source
§ 63Section 63Offence

Source excerpt

A person may not use a recognized reserved designation or authorized added-value claim on a product unless registration and certification conditions are met.

63. A person may not use a recognized reserved designation or authorized added-value claim on a product, its packaging or its labelling, in advertising or commercial documents or in the presentation of a product unless the person is registered with an accredited certification body and the product is certified by such a body as compliant with the applicable specification manual or regulation. A person to whom a specification manual or a regulation authorizing an added-value claim applies or whose activities are regulated by such a manual or regulation and who contravenes the first paragraph is guilty of an offence and is liable to the fines set out in section 68. 2006, c. 4, s. 63.
Section 63Verify source
§ 64Section 64Provision

Source excerpt

64. No person may sell or keep for sale a product bearing a recognized reserved designation or authorized added-value claim unless the product is certified by an accredited certification body. 2006, c. 4, s. 64.

64. No person may sell or keep for sale a product bearing a recognized reserved designation or authorized added-value claim unless the product is certified by an accredited certification body. 2006, c. 4, s. 64.
Section 64Verify source
§ 65Section 65Provision

Source excerpt

If a person possesses a product in more than the amount needed for personal consumption, and there is no evidence to the contrary, the person is presumed to intend the product for sale.

65. In the absence of any evidence to the contrary, persons in possession of a product in a quantity that exceeds the quantity they need for their own consumption are presumed to intend the product for sale. 2006, c. 4, s. 65.
Section 65Verify source
§ 66Section 66Offence

Source excerpt

If a legal person, partnership, association, or body commits an offence, a director, officer, employee, partner, or mandatary who directed, authorized, advised, or consented to it is treated as a party to the offence and liable to the same penalty.

66. If a legal person, partnership, association or body commits an offence under this Act or a regulation, any director, officer, employee, partner or mandatary of the legal person, partnership, association or body who directed, authorized, advised or consented to the commission of the offence is deemed a party to the offence and is liable to the same penalty as that prescribed for committing the offence, whether or not the legal person, partnership, association or body has been prosecuted, convicted or deemed convicted. 2006, c. 4, s. 66.
Section 66Verify source
§ 67Section 67Offence

Source excerpt

A person who advises, encourages, incites, or participates in another person’s offence is guilty of that offence and liable to the prescribed penalty.

67. A person that advises, encourages or incites a person to commit an offence or participates in an offence committed by another person is guilty of the offence and is liable to the penalty prescribed for the offence. 2006, c. 4, s. 67.
Section 67Verify source
§ 68Section 68Offence

Source excerpt

A person who contravenes section 48, section 64, or a regulation under paragraph 4 of section 57 commits an offence and may be fined.

68. A person that contravenes a provision of section 48 or 64 or a provision of a regulation under paragraph 4 of section 57 is guilty of an offence and is liable to a fine of not less than $2,000 nor more than $20,000 and, for a subsequent offence, to a fine of not less than $4,000 nor more than $60,000. In determining the amount of the fine, the court takes into account such factors as the benefits the offender has derived from the offence and its social and economic consequences. 2006, c. 4, s. 68.
Section 68Verify source
§ 69Section 69Offence

Source excerpt

The Board may institute penal proceedings for offences under section 63 or 68, following article 10 of the Code of Penal Procedure.

69. Penal proceedings for an offence under section 63 or 68 may be instituted by the Board in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1). 2006, c. 4, s. 69.
Section 69Verify source
§ 70Section 70Offence

Source excerpt

A fine imposed for an offence belongs to the Board if the Board instituted the penal proceedings.

70. The fine imposed for an offence belongs to the Board if it instituted the penal proceedings. 2006, c. 4, s. 70.
Section 70Verify source
§ 71Section 71Provision

Source excerpt

The Board’s activities are funded from contributions collected by the Board under the Act. The Minister may also contribute to that funding, but only up to the amounts set by the Government.

71. The activities of the Board are self-funded by the contributions collected by the Board under this Act. Despite the first paragraph, the Minister may contribute to the funding of the activities of the Board, up to the amounts specified by the Government. 2006, c. 4, s. 71.
Section 71Verify source
§ 72Section 72Provision

Source excerpt

72. (Omitted). 2006, c. 4, s. 72.

72. (Omitted). 2006, c. 4, s. 72.
Section 72Verify source
§ 73Section 73Repeal

Source excerpt

The provisions of the Regulation respecting reserved designations stay in force until they are replaced or repealed by a regulation under this Act.

73. The provisions of the Regulation respecting reserved designations, enacted by a ministerial order dated 10 September 1997 (1997, G.O. 2, 5043), remain in force until replaced or repealed by a regulation under this Act. 2006, c. 4, s. 73.
Section 73Verify source
§ 74Section 74Provision

Source excerpt

The Conseil d’accréditation du Québec is dissolved on 31 December 2007, and its rights and obligations pass to the Board established under section 7.

74. The Conseil d’accréditation du Québec incorporated by letters patent issued on 16 July 1998 under Part III of the Companies Act (chapter C-38) is dissolved on 31 December 2007 and its rights and obligations are assumed by the Board established under section 7 of this Act. 2006, c. 4, s. 74.
Section 74Verify source
§ 75Section 75Provision

Source excerpt

75. In any Act, regulation, order in council or statutory instrument, unless the context indicates otherwise and subject to the necessary modifications, a reference to the Act respecting reserved designations (chapter A-20.02) or to any of

75. In any Act, regulation, order in council or statutory instrument, unless the context indicates otherwise and subject to the necessary modifications, a reference to the Act respecting reserved designations (chapter A-20.02) or to any of its provisions is a reference to this Act or to the corresponding provision of this Act. 2006, c. 4, s. 75.
Section 75Verify source
§ 76Section 76Provision

Source excerpt

Reserved designations recognized under the Act respecting reserved designations are treated as reserved designations recognized under this Act.

76. Reserved designations recognized under the Act respecting reserved designations (chapter A-20.02) are deemed reserved designations recognized under this Act. 2006, c. 4, s. 76.
Section 76Verify source
§ 77Section 77Provision

Source excerpt

Certification bodies accredited under the Act respecting reserved designations are treated as certification bodies accredited under this Act.

77. Certification bodies accredited under the Act respecting reserved designations (chapter A-20.02) are deemed certification bodies accredited under this Act. 2006, c. 4, s. 77.
Section 77Verify source
§ 78Section 78Provision

Source excerpt

Certain certification bodies are treated as approved for imported products until the Minister decides under section 60, and the Board must send its recommendation to the Minister by 15 June 2011.

78. Certification bodies accredited by an accreditation body coming under another administrative authority that were acknowledged by the Conseil d’accréditation du Québec before 15 June 2008 are, for the imported products they certify, deemed approved under this Act until the Minister makes a decision under section 60. The Board must send its recommendation concerning those bodies to the Minister not later than 15 June 2011. 2006, c. 4, s. 78.
Section 78Verify source
§ 79Section 79Provision

Source excerpt

The Minister of Agriculture, Fisheries and Food is responsible for administering this Act.

79. The Minister of Agriculture, Fisheries and Food is responsible for the administration of this Act. 2006, c. 4, s. 79.
Section 79Verify source
§ 80Section 80Provision

Source excerpt

80. (Omitted). 2006, c. 4, s. 80.

80. (Omitted). 2006, c. 4, s. 80.
Section 80Verify source
§ —ScheduleRepeal

Source excerpt

This schedule repeals chapter 4 of the statutes of 2006, with an exception for section 80, and separately repeals listed sections of that chapter as of the later updating date.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 4 of the statutes of 2006, in force on 1 January 2007, is repealed, except section 80, effective from the coming into force of chapter A-20.03 of the Revised Statutes. In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 6, 9 to 11, 15, 30 to 70 and 72 to 78 of chapter 4 of the statutes of 2006, to the extent in force on 1 August 2008, are repealed effective from the coming into force of the updating to 1 August 2008 of chapter A-20.03 of the Revised Statutes.
ScheduleVerify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

  • Board are self-funded by the contributions collected by the Board under this Act

    Section 71

  • Companies Act

    Sections 12, 74

  • Food Products Act

    Section 29

G–M

2 instruments

  • Minister responsible for the administration of that Act

    Section 30

  • Minister. For the purposes of this Act

    Section 49

N–S

1 instrument

  • Revised Statutes. In accordance with section 9 of the Act

    Section Schedule

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Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.