Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2024-05-14 and last amended on 2024-01-14. Previous Versions

PART XXIIISentencing (continued)

Probation (continued)

Marginal note:Transfer of order

  •  (1) Where an offender who is bound by a probation order becomes a resident of, or is convicted or discharged under section 730 of an offence including an offence under section 733.1 in, a territorial division other than the territorial division where the order was made, on the application of a probation officer, the court that made the order may, subject to subsection (1.1), transfer the order to a court in that other territorial division that would, having regard to the mode of trial of the offender, have had jurisdiction to make the order in that other territorial division if the offender had been tried and convicted there of the offence in respect of which the order was made, and the order may thereafter be dealt with and enforced by the court to which it is so transferred in all respects as if that court had made the order.

  • Marginal note:Attorney General’s consent

    (1.1) The transfer may be granted only with

    • (a) the consent of the Attorney General of the province in which the probation order was made, if the two territorial divisions are not in the same province; or

    • (b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the probation order were instituted by or on behalf of the Attorney General of Canada.

  • Marginal note:Where court unable to act

    (2) Where a court that has made a probation order or to which a probation order has been transferred pursuant to subsection (1) is for any reason unable to act, the powers of that court in relation to the probation order may be exercised by any other court that has equivalent jurisdiction in the same province.

  • R.S., 1985, c. C-46, s. 733
  • R.S., 1985, c. 24 (2nd Supp.), s. 46
  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 32

Marginal note:Failure to comply with probation order

  •  (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Where accused may be tried and punished

    (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province.

Fines and Forfeiture

Marginal note:Power of court to impose fine

  •  (1) Subject to subsection (2), a court that convicts a person, other than an organization, of an offence may fine the offender by making an order under section 734.1

    • (a) if the punishment for the offence does not include a minimum term of imprisonment, in addition to or in lieu of any other sanction that the court is authorized to impose; or

    • (b) if the punishment for the offence includes a minimum term of imprisonment, in addition to any other sanction that the court is required or authorized to impose.

  • Marginal note:Offender’s ability to pay

    (2) Except when the punishment for an offence includes a minimum fine or a fine is imposed in lieu of a forfeiture order, a court may fine an offender under this section only if the court is satisfied that the offender is able to pay the fine or discharge it under section 736.

  • Marginal note:Meaning of default of payment

    (3) For the purposes of this section and sections 734.1 to 737, a person is in default of payment of a fine if the fine has not been paid in full by the time set out in the order made under section 734.1.

  • Marginal note:Imprisonment in default of payment

    (4) Where an offender is fined under this section, a term of imprisonment, determined in accordance with subsection (5), shall be deemed to be imposed in default of payment of the fine.

  • Marginal note:Determination of term

    (5) The term of imprisonment referred to in subsection (4) is the lesser of

    • (a) the number of days that corresponds to a fraction, rounded down to the nearest whole number, of which

      • (i) the numerator is the unpaid amount of the fine plus the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection (7), and

      • (ii) the denominator is equal to eight times the provincial minimum hourly wage, at the time of default, in the province in which the fine was imposed, and

    • (b) the maximum term of imprisonment that the court could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or two years less a day in the case of a summary conviction offence.

  • Marginal note:Moneys found on offender

    (6) All or any part of a fine imposed under this section may be taken out of moneys found in the possession of the offender at the time of the arrest of the offender if the court making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs.

  • Marginal note:Provincial regulations

    (7) The lieutenant governor in council of a province may make regulations respecting the calculation of the costs and charges referred to in subparagraph (5)(a)(i) and in paragraph 734.8(1)(b).

  • Marginal note:Application to other law

    (8) This section and sections 734.1 to 734.8 and 736 apply to a fine imposed under any Act of Parliament, except that subsections (4) and (5) do not apply if the term of imprisonment in default of payment of the fine provided for in that Act or regulation is

    • (a) calculated by a different method; or

    • (b) specified, either as a minimum or a maximum.

  • R.S., 1985, c. C-46, s. 734
  • R.S., 1985, c. 27 (1st Supp.), s. 161
  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 33
  • 2003, c. 21, s. 19
  • 2008, c. 18, s. 38
  • 2019, c. 25, s. 299

Marginal note:Terms of order imposing fine

 A court that fines an offender under section 734 shall do so by making an order that clearly sets out

  • (a) the amount of the fine;

  • (b) the manner in which the fine is to be paid;

  • (c) the time or times by which the fine, or any portion thereof, must be paid; and

  • (d) such other terms respecting the payment of the fine as the court deems appropriate.

  • 1995, c. 22, s. 6

Marginal note:Obligations of court

  •  (1) A court that makes an order under section 734.1 shall

    • (a) cause a copy of the order to be given to the offender;

    • (b) explain the substance of sections 734 to 734.8 and 736 to the offender;

    • (c) cause an explanation to be given to the offender of the procedure for applying under section 734.3 for a change to the optional conditions and of any available fine option programs referred to in section 736 as well as the procedure to apply for admission to them; and

    • (d) take reasonable measures to ensure that the offender understands the order and the explanations.

  • Marginal note:For greater certainty

    (2) For greater certainty, a failure to comply with subsection (1) does not affect the validity of the order.

  • 1995, c. 22, s. 6
  • 2008, c. 18, s. 39

Marginal note:Change in terms of order

 A court that makes an order under section 734.1, or a person designated either by name or by title of office by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482 or 482.1, change any term of the order except the amount of the fine, and any reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed under this section.

  • 1995, c. 22, s. 6
  • 2002, c. 13, s. 74

Marginal note:Proceeds to go to provincial treasurer

  •  (1) If a fine or forfeiture is imposed or an amount set out in an undertaking, release order or recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the amount was forfeited, and shall be paid by the person who receives them to the treasurer of that province.

  • Marginal note:Proceeds to go to Receiver General for Canada

    (2) The proceeds described in subsection (1) belong to Her Majesty in right of Canada and must be paid by the person who receives them to the Receiver General if, as the case may be,

    • (a) the fine or forfeiture is imposed

      • (i) in respect of a contravention of a revenue law of Canada,

      • (ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or

      • (iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution; or

    • (b) an amount set out in an undertaking, release order or recognizance is forfeited in connection with proceedings mentioned in paragraph (a).

  • Marginal note:Direction for payment to municipality

    (3) If a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which an amount set out in an undertaking, release order or recognizance is forfeited,

    • (a) the lieutenant governor in council of a province may direct that the proceeds that belong to Her Majesty in right of the province shall be paid to that authority; and

    • (b) the Governor in Council may direct that the proceeds that belong to Her Majesty in right of Canada shall be paid to that authority.

Marginal note:Licences, permits, etc.

 If an offender is in default of payment of a fine,

  • (a) where the proceeds of the fine belong to Her Majesty in right of a province by virtue of subsection 734.4(1), the person responsible, by or under an Act of the legislature of the province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender; or

  • (b) where the proceeds of the fine belong to Her Majesty in right of Canada by virtue of subsection 734.4(2), the person responsible, by or under an Act of Parliament, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 34

Marginal note:Civil enforcement of fines, forfeiture

  •  (1) Where

    • (a) an offender is in default of payment of a fine, or

    • (b) a forfeiture imposed by law is not paid as required by the order imposing it,

    then, in addition to any other method provided by law for recovering the fine or forfeiture,

    • (c) the Attorney General of the province to whom the proceeds of the fine or forfeiture belong, or

    • (d) the Attorney General of Canada, where the proceeds of the fine or forfeiture belong to Her Majesty in right of Canada,

    may, by filing the order, enter as a judgment the amount of the fine or forfeiture, and costs, if any, in any civil court in Canada that has jurisdiction to enter a judgment for that amount.

  • Marginal note:Effect of filing order

    (2) An order that is entered as a judgment under this section is enforceable in the same manner as if it were a judgment obtained by the Attorney General of the province or the Attorney General of Canada, as the case may be, in civil proceedings.

  • 1995, c. 22, s. 6

Marginal note:Warrant of committal

  •  (1) Where time has been allowed for payment of a fine, the court shall not issue a warrant of committal in default of payment of the fine

    • (a) until the expiration of the time allowed for payment of the fine in full; and

    • (b) unless the court is satisfied

      • (i) that the mechanisms provided by sections 734.5 and 734.6 are not appropriate in the circumstances, or

      • (ii) that the offender has, without reasonable excuse, refused to pay the fine or discharge it under section 736.

  • Marginal note:Reasons for committal

    (2) Where no time has been allowed for payment of a fine and a warrant committing the offender to prison for default of payment of the fine is issued, the court shall state in the warrant the reason for immediate committal.

  • Marginal note:Period of imprisonment

    (2.1) The period of imprisonment in default of payment of the fine shall be specified in a warrant of committal referred to in subsection (1) or (2).

  • Marginal note:Compelling appearance of person bound

    (3) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under paragraph (1)(b).

  • Marginal note:Effect of imprisonment

    (4) The imprisonment of an offender for default of payment of a fine terminates the operation of sections 734.5 and 734.6 in relation to that fine.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 35

Definition of penalty

  •  (1) In this section, penalty means the aggregate of

    • (a) the fine, and

    • (b) the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection 734(7).

  • Marginal note:Reduction of imprisonment on part payment

    (2) The term of imprisonment in default of payment of a fine shall, on payment of a part of the penalty, whether the payment was made before or after the execution of a warrant of committal, be reduced by the number of days that bears the same proportion to the number of days in the term as the part paid bears to the total penalty.

  • Marginal note:Minimum that can be accepted

    (3) No amount offered in part payment of a penalty shall be accepted after the execution of a warrant of committal unless it is sufficient to secure a reduction of sentence of one day, or a whole number multiple of one day, and no part payment shall be accepted until any fee that is payable in respect of the warrant or its execution has been paid.

  • Marginal note:To whom payment made

    (4) Payment may be made under this section to the person that the Attorney General directs or, if the offender is imprisoned, to the person who has lawful custody of the prisoner or to any other person that the Attorney General directs.

  • Marginal note:Application of money paid

    (5) A payment under this section shall be applied firstly to the payment in full of costs and charges, secondly to the payment in full of any victim surcharge imposed under section 737, and then to payment of any part of the fine that remains unpaid.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 36, c. 25, s. 19(Preamble)
 

Date modified: