5 (1) For the purpose of ascertaining, (a)  whether tax imposed by this Act has been paid on clear fuel contained in a fuel tank of a motor vehicle or vessel or whether a fuel tank of a motor vehicle or vessel contains coloured fuel; (b)  whether any tax imposed by this Act is payable on such fuel; or (c)  whether the operator of a motor vehicle is an interjurisdictional carrier whose motor vehicle carries a valid registration decal or is required to carry such a registration decal under the regulations, any person authorized for the purpose by the Minister may, without a warrant, if the person has reasonable and probable grounds to believe that a motor vehicle referred to in subsection 2 (6) or a vessel referred to in clause (2) (6) (b) contains evidence of a contravention of this Act, stop and detain the motor vehicle or vessel in Ontario, examine the motor vehicle or vessel and fuel in any fuel tank in it, take samples of the fuel,  inspect any registration decal on the motor vehicle and examine the documents in the custody of the driver of the motor vehicle or operator of the vessel related to liability for tax under this Act, the ownership of the motor vehicle or vessel and the identity of the operator of the motor vehicle or vessel and also examine any driver’s licence required under the Highway Traffic Act or any operator’s card required under the Canada Shipping Act, 2001 (Canada).  2008, c. 19, Sched. H, s. 3 (1). Offence (2) Every driver of a motor vehicle or operator of a vessel that may be stopped and detained under subsection (1) who, (a)  fails to comply with a stop sign set up by a person authorized by the Minister to examine any motor vehicle or vessel; (b)  fails to obey a lawful signal or request by a person authorized by the Minister to examine any motor vehicle or vessel; (c)  drives a motor vehicle to which a valid registration decal is not affixed as required under the regulations; (d)  refuses to permit the detention or examination of the motor vehicle or vessel that is under his or her control; or (e)  refuses to permit samples of fuel to be taken from a fuel tank of the motor vehicle or vessel that is under his or her control, is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.  2008, c. 19, Sched. H, s. 3 (1). Offence, coloured fuel (3) Every operator of a motor vehicle to which a number plate is attached as required under the Highway Traffic Act and that is found to contain coloured fuel in a fuel tank of the motor vehicle is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.  2001, c. 23, s. 93 (1); 2008, c. 19, Sched. H, s. 3 (2). Offence, pleasure use (3.1) Every driver or operator of a motor vehicle described in clause 2 (6) (b) and every operator of a vessel described in that clause is guilty of an offence if it is found that a fuel tank of the motor vehicle or vessel, as the case may be, contains coloured fuel and, on conviction, is liable to a fine of not less than $200 and not more than $1,000.  2008, c. 19, Sched. H, s. 3 (3). Burden of proof (4) In any proceeding under subsection (3) or (3.1), it is not necessary to prove that coloured fuel was acquired and used in contravention of this Act, but only to prove that a fuel tank of a motor vehicle or vessel contained coloured fuel on the day of the examination under this section.  2008, c. 19, Sched. H, s. 3 (4). Subsequent offence (5) The fact that the coloured fuel found in a fuel tank of a motor vehicle or vessel is the same coloured fuel that was found in the fuel tank on another occasion that constituted an offence under subsection (3) or (3.1) is not a defence in a prosecution for a subsequent offence under either subsection if a period of more than 24 hours has elapsed since a sample of fuel was taken from the fuel tank in the motor vehicle or vessel.  2008, c. 19, Sched. H, s. 3 (4). Offence, unauthorized fuel (6) Every operator of a motor vehicle to which a number plate is attached as required under the Highway Traffic Act and that is found to contain unauthorized fuel in the fuel tank of the motor vehicle is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000.  2001, c. 23, s. 93 (2). Burden of proof, unauthorized fuel (7) In any proceeding under subsection (6), it is not necessary to prove that unauthorized fuel was acquired and used in contravention of this Act, but only to prove that the fuel tank of a motor vehicle contained unauthorized fuel on the day of the examination under this section.  1998, c. 30, s. 18 (2). Subsequent offence, unauthorized fuel (8) The fact that the unauthorized fuel that was found in a fuel tank of a motor vehicle is the same unauthorized fuel that was found therein on another occasion that constituted an offence under subsection (6) is not a defence in a prosecution for a subsequent offence under that subsection if a period of more than 24 hours has elapsed since taking a sample of fuel from that motor vehicle.  1998, c. 30, s. 18 (2). Section Amendments with date in force (d/m/y) 1991, c. 49, s. 6 - 01/01/1992; 1998, c. 30, s. 18 (1, 2) - 18/12/1998 2001, c. 23, s. 93 (1, 2) - 05/12/2001 2008, c. 19, Sched. H, s. 3 (1-4) - 27/11/2008