Marginal note:Exception when youth sentence in respect of earlier offence

46. The total of the custodial portions of a young person’s youth sentences shall not exceed six years calculated from the beginning of the youth sentence that is determined in accordance with section 43 if

• (a) a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) on the young person already serving a youth sentence under one of those paragraphs; and

• (b) the later youth sentence imposed is in respect of an offence committed before the commencement of the earlier youth sentence.

Marginal note:Committal to custody deemed continuous

• 47. (1) Subject to subsections (2) and (3), a young person who is sentenced under paragraph 42(2)(n) is deemed to be committed to continuous custody for the custodial portion of the sentence.

• Marginal note:Intermittent custody

  (2) If the sentence does not exceed ninety days, the youth justice court may order that the custodial portion of the sentence be served intermittently if it is consistent with the purpose and principles set out in section 38.

• Marginal note:Availability of place of intermittent custody

  (3) Before making an order of committal to intermittent custody, the youth justice court shall require the prosecutor to make available to the court for its consideration a report of the provincial director as to the availability of a youth custody facility in which an order of intermittent custody can be enforced and, if the report discloses that no such youth custody facility is available, the court shall not make the order.

Marginal note:Reasons for the sentence

48. When a youth justice court imposes a youth sentence, it shall state its reasons for the sentence in the record of the case and shall, on request, give or cause to be given a copy of the sentence and the reasons for the sentence to

• (a) the young person, the young person’s counsel, a parent of the young person, the provincial director and the prosecutor; and

• (b) in the case of a committal to custody under paragraph 42(2)(n), (o), (q) or (r), the review board.

Marginal note:Warrant of committal

• 49. (1) When a young person is committed to custody, the youth justice court shall issue or cause to be issued a warrant of committal.

• Marginal note:Custody during transfer

  (2) A young person who is committed to custody may, in the course of being transferred from custody to the court or from the court to custody, be held under the supervision and control of a peace officer or in any place of temporary detention referred to in subsection 30(1) that the provincial director may specify.

• Marginal note:Subsection 30(3) applies

  (3) Subsection 30(3) (detention separate from adults) applies, with any modifications that the circumstances require, in respect of a person held in a place of temporary detention under subsection (2).

Marginal note:Application of Part XXIII of Criminal Code

• 50. (1) Subject to section 74 (application of Criminal Code to adult sentences), Part XXIII (sentencing) of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph 718.2(e) (sentencing principle for aboriginal offenders), sections 722 (victim impact statements), 722.1 (copy of statement) and 722.2 (inquiry by court), subsection 730(2) (court process continues in force) and sections 748 (pardons and remissions), 748.1 (remission by the Governor in Council) and 749 (royal prerogative) of that Act, which provisions apply with any modifications that the circumstances require.

• Marginal note:Section 787 of Criminal Code does not apply

  (2) Section 787 (general penalty) of the Criminal Code does not apply in respect of proceedings under this Act.

Marginal note:Mandatory prohibition order

• 51. (1) Despite section 42 (youth sentences), when a young person is found guilty of an offence referred to in any of paragraphs 109(1)(a) to (d) of the Criminal Code, the youth justice court shall, in addition to imposing a sentence under section 42 (youth sentences), make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance during the period specified in the order as determined in accordance with subsection (2).

• Marginal note:Duration of prohibition order

  (2) An order made under subsection (1) begins on the day on which the order is made and ends not earlier than two years after the young person has completed the custodial portion of the sentence or, if the young person is not subject to custody, after the time the young person is found guilty of the offence.

• Marginal note:Discretionary prohibition order

  (3) Despite section 42 (youth sentences), where a young person is found guilty of an offence referred to in paragraph 110(1)(a) or (b) of the Criminal Code, the youth justice court shall, in addition to imposing a sentence under section 42 (youth sentences), consider whether it is desirable, in the interests of the safety of the young person or of any other person, to make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.

• Marginal note:Duration of prohibition order

  (4) An order made under subsection (3) against a young person begins on the day on which the order is made and ends not later than two years after the young person has completed the custodial portion of the sentence or, if the young person is not subject to custody, after the time the young person is found guilty of the offence.

• Marginal note:Reasons for the prohibition order

  (5) When a youth justice court makes an order under this section, it shall state its reasons for making the order in the record of the case and shall give or cause to be given a copy of the order and, on request, a transcript or copy of the reasons to the young person against whom the order was made, the counsel and a parent of the young person and the provincial director.

• Marginal note:Reasons

  (6) When the youth justice court does not make an order under subsection (3), or when the youth justice court does make such an order but does not prohibit the possession of everything referred to in that subsection, the youth justice court shall include in the record a statement of the youth justice court’s reasons.

• Marginal note:Application of Criminal Code

  (7) Sections 113 to 117 (firearm prohibition orders) of the Criminal Code apply in respect of any order made under this section.

• Marginal note:Report

  (8) Before making an order referred to in section 113 (lifting firearms order) of the Criminal Code in respect of a young person, the youth justice court may require the provincial director to cause to be prepared, and to submit to the youth justice court, a report on the young person.

Marginal note:Review of order made under section 51

• 52. (1) A youth justice court may, on application, review an order made under section 51 at any time after the end of the period set out in subsection 119(2) (period of access to records) that applies to the record of the offence that resulted in the order being made.

• Marginal note:Grounds

  (2) In conducting a review under this section, the youth justice court shall take into account

  • (a) the nature and circumstances of the offence in respect of which the order was made; and

  • (b) the safety of the young person and of other persons.

• Marginal note:Decision of review

  (3) When a youth justice court conducts a review under this section, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard,

  • (a) confirm the order;

  • (b) revoke the order; or

  • (c) vary the order as it considers appropriate in the circumstances of the case.

• Marginal note:New order not to be more onerous

  (4) No variation of an order made under paragraph (3)(c) may be more onerous than the order being reviewed.

• Marginal note:Application of provisions

  (5) Subsections 59(3) to (5) apply, with any modifications that the circumstances require, in respect of a review under this section.

Marginal note:Funding for victims

• 53. (1) The lieutenant governor in council of a province may order that, in respect of any fine imposed in the province under paragraph 42(2)(d), a percentage of the fine as fixed by the lieutenant governor in council be used to provide such assistance to victims of offences as the lieutenant governor in council may direct from time to time.

• Marginal note:Victim fine surcharge

  (2) If the lieutenant governor in council of a province has not made an order under subsection (1), a youth justice court that imposes a fine on a young person under paragraph 42(2)(d) may, in addition to any other punishment imposed on the young person, order the young person to pay a victim fine surcharge in an amount not exceeding fifteen per cent of the fine. The surcharge shall be used to provide 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:Where a fine or other payment is ordered

• 54. (1) The youth justice court shall, in imposing a fine under paragraph 42(2)(d) or in making an order under paragraph 42(2)(e) or (g), have regard to the present and future means of the young person to pay.

• Marginal note:Discharge of fine or surcharge

  (2) A young person on whom a fine is imposed under paragraph 42(2)(d), including any percentage of a fine imposed under subsection 53(1), or on whom a victim fine surcharge is imposed under subsection 53(2), may discharge the fine or surcharge in whole or in part by earning credits for work performed in a program established for that purpose

  • (a) by the lieutenant governor in council of the province in which the fine or surcharge was imposed; or

  • (b) by the lieutenant governor in council of the province in which the young person resides, if an appropriate agreement is in effect between the government of that province and the government of the province in which the fine or surcharge was imposed.

• Marginal note:Rates, crediting and other matters

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

• Marginal note:Representations respecting orders under paragraphs 42(2)(e) to (h)

  (4) In considering whether to make an order under any of paragraphs 42(2)(e) to (h), the youth justice court may consider any representations made by the person who would be compensated or to whom restitution or payment would be made.

• Marginal note:Notice of orders under paragraphs 42(2)(e) to (h)

  (5) If the youth justice court makes an order under any of paragraphs 42(2)(e) to (h), it shall cause notice of the terms of the order to be given to the person who is to be compensated or to whom restitution or payment is to be made.

• Marginal note:Consent of person to be compensated

  (6) No order may be made under paragraph 42(2)(h) unless the youth justice court has secured the consent of the person to be compensated.

• Marginal note:Orders under paragraph 42(2)(h), (i) or (m)

  (7) No order may be made under paragraph 42(2)(h), (i) or (m) unless the youth justice court is satisfied that

  • (a) the young person against whom the order is made is a suitable candidate for such an order; and

  • (b) the order does not interfere with the normal hours of work or education of the young person.

• Marginal note:Duration of order for service

  (8) No order may be made under paragraph 42(2)(h) or (i) to perform personal or community services unless those services can be completed in two hundred and forty hours or less and within twelve months after the date of the order.

• Marginal note:Community service order

  (9) No order may be made under paragraph 42(2)(i) unless

  • (a) the community service to be performed is part of a program that is approved by the provincial director; or

  • (b) the youth justice court is satisfied that the person or organization for whom the community service is to be performed has agreed to its performance.

• Marginal note:Application for further time to complete youth sentence

  (10) A youth justice court may, on application by or on behalf of the young person in respect of whom a youth sentence has been imposed under any of paragraphs 42(2)(d) to (i), allow further time for the completion of the sentence subject to any regulations made under paragraph 155(b) and to any rules made by the youth justice court under subsection 17(1).

Marginal note:Conditions that must appear in orders

• 55. (1) The youth justice court shall prescribe, as conditions of an order made under paragraph 42(2)(k) or (l), that the young person

  • (a) keep the peace and be of good behaviour; and

  • (b) appear before the youth justice court when required by the court to do so.

• Marginal note:Conditions that may appear in orders

  (2) A youth justice court may prescribe, as conditions of an order made under paragraph 42(2)(k) or (l), that a young person do one or more of the following that the youth justice court considers appropriate in the circumstances:

  • (a) report to and be supervised by the provincial director or a person designated by the youth justice court;

  • (b) notify the clerk of the youth justice court, the provincial director or the youth worker assigned to the case of any change of address or any change in the young person’s place of employment, education or training;

  • (c) remain within the territorial jurisdiction of one or more courts named in the order;

  • (d) make reasonable efforts to obtain and maintain suitable employment;

  • (e) attend school or any other place of learning, training or recreation that is appropriate, if the youth justice court is satisfied that a suitable program for the young person is available there;

  • (f) reside with a parent, or any other adult that the youth justice court considers appropriate, who is willing to provide for the care and maintenance of the young person;

  • (g) reside at a place that the provincial director may specify;

  • (h) comply with any other conditions set out in the order that the youth justice court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences; and

  • (i) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order.

Marginal note:Communication of order

• 56. (1) A youth justice court that makes an order under paragraph 42(2)(k) or (l) shall

  • (a) cause the order to be read by or to the young person bound by it;

  • (b) explain or cause to be explained to the young person the purpose and effect of the order, and confirm that the young person understands it; and

  • (c) cause a copy of the order to be given to the young person, and to any parent of the young person who is in attendance at the sentencing hearing.

• Marginal note:Copy of order to parent

  (2) A youth justice court that makes an order under paragraph 42(2)(k) or (l) may cause a copy to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings.

• Marginal note:Endorsement of order by young person

  (3) After the order has been read and explained under subsection (1), the young person shall endorse on the order an acknowledgement that the young person has received a copy of the order and had its purpose and effect explained.

• Marginal note:Validity of order

  (4) The failure of a young person to endorse the order or of a parent to receive a copy of the order does not affect the validity of the order.

• Marginal note:Commencement of order

  (5) An order made under paragraph 42(2)(k) or (l) comes into force

  • (a) on the date on which it is made; or

  • (b) if a young person receives a sentence that includes a period of continuous custody and supervision, at the end of the period of supervision.

• Marginal note:Effect of order in case of custody

  (6) If a young person is subject to a sentence that includes both a period of continuous custody and supervision and an order made under paragraph 42(2)(k) or (l), and the court orders under subsection 42(12) a delay in the start of the period of custody, the court may divide the period that the order made under paragraph 42(2)(k) or (l) is in effect, with the first portion to have effect from the date on which it is made until the start of the period of custody, and the remainder to take effect at the end of the period of supervision.

• Marginal note:Notice to appear

  (7) A young person may be given notice either orally or in writing to appear before the youth justice court under paragraph 55(1)(b).

• Marginal note:Warrant in default of appearance

  (8) If service of a notice in writing is proved and the young person fails to attend court in accordance with the notice, a youth justice court may issue a warrant to compel the appearance of the young person.