Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

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).
Marginal note:Fines on organizations
  •  (1) An organization that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as punishment for that offence, to be fined in an amount, except where otherwise provided by law,

    • (a) that is in the discretion of the court, where the offence is an indictable offence; or

    • (b) not exceeding one hundred thousand dollars, where the offence is a summary conviction offence.

  • Marginal note:Application of certain provisions — fines

    (1.1) A court that imposes a fine under subsection (1) or under any other Act of Parliament shall make 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 of it, must be paid; and

    • (d) any other terms respecting the payment of the fine that the court deems appropriate.

  • Marginal note:Effect of filing order

    (2) Section 734.6 applies, with any modifications that are required, when an organization fails to pay the fine in accordance with the terms of the order.

  • R.S., 1985, c. C-46, s. 735;
  • R.S., 1985, c. 1 (4th Supp.), s. 18(F), c. 23 (4th Supp.), s. 7;
  • 1995, c. 22, s. 6;
  • 1999, c. 5, s. 37;
  • 2003, c. 21, s. 20.