Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

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.
Marginal note:Fine option program
  •  (1) An offender who is fined under section 734 may, whether or not the offender is serving a term of imprisonment imposed in default of payment of the fine, discharge the fine in whole or in part by earning credits for work performed during a period not greater than two years in a program established for that purpose by the lieutenant governor in council

    • (a) of the province in which the fine was imposed, or

    • (b) of the province in which the offender resides, where an appropriate agreement is in effect between the government of that province and the government of the province in which the fine was imposed,

    if the offender is admissible to such a program.

  • Marginal note:Credits and other matters

    (2) A program referred to in subsection (1) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine and any other matters necessary for or incidental to carrying out the program.

  • Marginal note:Deemed payment

    (3) Credits earned for work performed as provided by subsection (1) shall, for the purposes of this Act, be deemed to be payment in respect of a fine.

  • Marginal note:Federal-provincial agreement

    (4) Where, by virtue of subsection 734.4(2), the proceeds of a fine belong to Her Majesty in right of Canada, an offender may discharge the fine in whole or in part in a fine option program of a province pursuant to subsection (1), where an appropriate agreement is in effect between the government of the province and the Government of Canada.

  • R.S., 1985, c. C-46, s. 736;
  • R.S., 1985, c. 27 (1st Supp.), s. 162, c. 1 (4th Supp.), s. 18(F);
  • 1992, c. 1, s. 60(F);
  • 1995, c. 22, s. 6.
Marginal note:Victim surcharge
  •  (1) An offender who is convicted, or discharged under section 730, of an offence under this Act or the Controlled Drugs and Substances Act shall pay a victim surcharge, in addition to any other punishment imposed on the offender.

  • Marginal note:Amount of surcharge

    (2) Subject to subsection (3), the amount of the victim surcharge in respect of an offence is

    • (a) 30 per cent of any fine that is imposed on the offender for the offence; or

    • (b) if no fine is imposed on the offender for the offence,

      • (i) $100 in the case of an offence punishable by summary conviction, and

      • (ii) $200 in the case of an offence punishable by indictment.

  • Marginal note:Increase in surcharge

    (3) The court may order an offender to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the offender is able to pay the higher amount.

  • Marginal note:Time for payment

    (4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.

  • (5) and (6) [Repealed, 2013, c. 11, s. 3]

  • Marginal note:Amounts applied to aid victims

    (7) A victim surcharge imposed under subsection (1) shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.

  • Marginal note:Notice

    (8) The court shall cause to be given to the offender a written notice setting out

    • (a) the amount of the victim surcharge;

    • (b) the manner in which the victim surcharge is to be paid;

    • (c) the time by which the victim surcharge must be paid; and

    • (d) the procedure for applying for a change in any terms referred to in paragraphs (b) and (c) in accordance with section 734.3.

  • Marginal note:Enforcement

    (9) Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7, 734.8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under subsection (1) and, in particular,

    • (a) a reference in any of those provisions to “fine”, other than in subsection 734.8(5), must be read as if it were a reference to “victim surcharge”; and

    • (b) the notice provided under subsection (8) is deemed to be an order made under section 734.1.

  • (10) [Repealed, 2013, c. 11, s. 3]

  • R.S., 1985, c. C-46, s. 737;
  • 1995, c. 22, ss. 6, 18;
  • 1996, c. 19, s. 75;
  • 1999, c. 5, s. 38, c. 25, s. 20(Preamble);
  • 2013, c. 11, s. 3;
  • 2015, c. 13, s. 28.

Restitution

Marginal note:Court to consider restitution order
  •  (1) If an offender is convicted or is discharged under section 730 of an offence, the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, shall consider making a restitution order under section 738 or 739.

  • Marginal note:Inquiry by court

    (2) As soon as feasible after a finding of guilt and in any event before imposing the sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable.

  • Marginal note:Adjournment

    (3) On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

  • Marginal note:Form

    (4) Victims and other persons may indicate whether they are seeking restitution by completing Form 34.1 in Part XXVIII or a form approved for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction or by using any other method approved by the court, and, if they are seeking restitution, shall establish their losses and damages, the amount of which must be readily ascertainable, in the same manner.

  • Marginal note:Reasons

    (5) If a victim seeks restitution and the court does not make a restitution order, it shall include in the record a statement of the court’s reasons for not doing so.

  • 2015, c. 13, s. 29.
Marginal note:Restitution to victims of offences
  •  (1) Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows:

    • (a) in the case of damage to, or the loss or destruction of, the property of any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding the replacement value of the property as of the date the order is imposed, less the value of any part of the property that is returned to that person as of the date it is returned, where the amount is readily ascertainable;

    • (b) in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding all pecuniary damages incurred as a result of the harm, including loss of income or support, if the amount is readily ascertainable;

    • (c) in the case of bodily harm or threat of bodily harm to the offender’s spouse or common-law partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the spouse or common-law partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable;

    • (d) in the case of an offence under section 402.2 or 403, by paying to a person who, as a result of the offence, incurs expenses to re-establish their identity, including expenses to replace their identity documents and to correct their credit history and credit rating, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable; and

    • (e) in the case of an offence under subsection 162.1(1), by paying to a person who, as a result of the offence, incurs expenses to remove the intimate image from the Internet or other digital network, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable.

  • Marginal note:Regulations

    (2) The lieutenant governor in council of a province may make regulations precluding the inclusion of provisions on enforcement of restitution orders as an optional condition of a probation order or of a conditional sentence order.

  • R.S., 1985, c. C-46, s. 738;
  • 1995, c. 22, s. 6;
  • 2000, c. 12, s. 95;
  • 2005, c. 43, s. 7;
  • 2009, c. 28, s. 11;
  • 2014, c. 31, s. 24.
 
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