Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-05-11 and last amended on 2015-04-10. Previous Versions

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) Where a fine or forfeiture is imposed or a recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds thereof, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the recognizance 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) Where

    • (a) a 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) a recognizance in connection with proceedings mentioned in paragraph (a) is forfeited,

    the proceeds of the fine, forfeiture or recognizance belong to Her Majesty in right of Canada and shall be paid by the person who receives them to the Receiver General.

  • Marginal note:Direction for payment to municipality

    (3) Where 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 a recognizance is forfeited,

    • (a) the lieutenant governor in council of a province may direct that the proceeds of a fine, forfeiture or recognizance that belongs 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 of a fine, forfeiture or recognizance that belongs to Her Majesty in right of Canada shall be paid to that authority.

  • 1995, c. 22, s. 6.