Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-02-04 and last amended on 2014-12-16. Previous Versions

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.