Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-08-30 and last amended on 2015-07-23. Previous Versions

Marginal note:Enforcing restitution order
  •  (1) An offender who fails to pay all of the amount that is ordered to be paid under section 732.1, 738, 739 or 742.3 by the day specified in the order or who fails to make a periodic payment required under the order is in default of the order and the person to whom the amount, or the periodic payment, as the case may be, was to be made may, by filing the order, enter as a judgment any amount ordered to be paid that remains unpaid under the order 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;
  • 2015, c. 13, s. 31.
Marginal note:Notice of orders of restitution

 If 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, and if it is to be paid to a public authority designated by regulations made under subsection 739.4(2), to the public authority and the person to whom the public authority is to remit amounts received under the order.

  • 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;
  • 2015, c. 13, s. 32.
Marginal note:Civil remedy not affected

 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

 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.