Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2013-05-26 and last amended on 2013-03-27. Previous Versions

Marginal note:Priority to restitution

740. Where the court finds it applicable and appropriate in the circumstances of a case to make, in relation to an offender, an order of restitution under section 738 or 739, and

  • (a) an order of forfeiture under this or any other Act of Parliament may be made in respect of property that is the same as property in respect of which the order of restitution may be made, or

  • (b) the court is considering ordering the offender to pay a fine and it appears to the court that the offender would not have the means or ability to comply with both the order of restitution and the order to pay the fine,

the court shall first make the order of restitution and shall then consider whether and to what extent an order of forfeiture or an order to pay a fine is appropriate in the circumstances.

  • R.S., 1985, c. C-46, s. 740;
  • 1995, c. 22, s. 6.
Marginal note:Enforcing restitution order

  • 741. (1) Where an amount that is ordered to be paid under section 732.1, 738, 739 or 742.3, is not paid without delay, the person to whom the amount was ordered to be paid may, by filing the order, enter as a judgment the amount ordered to be paid in any civil court in Canada that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

  • Marginal note:Moneys found on offender

    (2) All or any part of an amount that is ordered to be paid under section 738 or 739 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.

  • R.S., 1985, c. C-46, s. 741;
  • R.S., 1985, c. 27 (1st Supp.), s. 164;
  • 1995, c. 22, s. 6;
  • 2004, c. 12, s. 13.
Previous Version
Marginal note:Notice of orders of restitution

741.1 Where a court makes an order of restitution under section 738 or 739, it shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is ordered to be paid.

  • R.S., 1985, c. 24 (2nd Supp.), s. 47;
  • 1992, c. 11, s. 14, c. 20, s. 202;
  • 1995, c. 19, s. 37, c. 22, s. 6.
Marginal note:Civil remedy not affected

741.2 A civil remedy for an act or omission is not affected by reason only that an order for restitution under section 738 or 739 has been made in respect of that act or omission.

  • 1992, c. 20, s. 203;
  • 1995, c. 22, s. 6, c. 42, s. 75.

Conditional Sentence of Imprisonment

Marginal note:Definitions

742. In sections 742.1 to 742.7,

“change”

« modification »

“change”, in relation to optional conditions, includes deletions and additions;

“optional conditions”

« conditions facultatives »

“optional conditions” means the conditions referred to in subsection 742.3(2);

“supervisor”

« agent de surveillance »

“supervisor” means a person designated by the Attorney General, either by name or by title of office, as a supervisor for the purposes of sections 742.1 to 742.7.

  • R.S., 1985, c. C-46, s. 742;
  • R.S., 1985, c. 27 (1st Supp.), s. 165;
  • 1992, c. 11, s. 15;
  • 1995, c. 22, s. 6.