Marginal note:Determination by court
62. (1) The court before which an offender arrested in execution of the warrant is brought shall determine whether the offender is unwilling though able to pay the fine.
Marginal note:Committal of offender
(2) The court may, where it determines that the offender is unwilling though able to pay the fine, issue a warrant for the committal of the offender in Form 8 of Part XXVIII of the Criminal Code, varied to suit the case,
(a) for the committal of the offender to custody under the Youth Criminal Justice Act, for one day, if the offender is a young person; or
(b) for the committal of the offender during the term determined by the court, if the offender is not a young person.
Marginal note:Other discharge of fine
(3) A court that determines that an offender is willing to pay the fine though unable to pay it may
(a) order that the fine be discharged by earning credits for work performed during a period not exceeding two years in a program referred to in section 736 of the Criminal Code; or
(b) extend the time for payment of the fine by ordering periodic payments or otherwise.
- 1992, c. 47, s. 62;
- 1995, c. 22, s. 17;
- 2002, c. 1, s. 170.
Marginal note:No criminal record
63. Except in respect of a conviction for a contravention that is entered after a trial on an indictment,
(a) a person who has been convicted of a contravention has not been convicted of a criminal offence; and
(b) a contravention does not constitute an offence for the purposes of the Criminal Records Act.
- 1992, c. 47, s. 63;
- 2012, c. 1, s. 140(F).
Marginal note:Applications for employment
64. Every one is guilty of an offence who uses or authorizes the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction for a contravention, other than a conviction entered after a trial on an indictment:
(a) employment in any department, as defined in section 2 of the Financial Administration Act;
(b) employment by any Crown corporation, as defined in subsection 83(1) of the Financial Administration Act;
(c) enrolment in the Canadian Forces; or
(d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.
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