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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2023-01-25 and last amended on 2023-01-16. Previous Versions

PART XXIIISentencing (continued)

Restitution (continued)

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

change, in relation to optional conditions, includes deletions and additions; (modification)

optional conditions

optional conditions means the conditions referred to in subsection 742.3(2); (conditions facultatives)

supervisor

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. (agent de surveillance)

  • 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

Marginal note:Imposing of conditional sentence

 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if

  • (a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2;

  • (b) the offence is not an offence punishable by a minimum term of imprisonment;

  • (c) the offence is not an offence under any of the following provisions:

    • (i) section 239, for which a sentence is imposed under paragraph 239(1)(b) (attempt to commit murder),

    • (ii) section 269.1 (torture), or

    • (iii) section 318 (advocating genocide); and

  • (d) the offence is not a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more.

  • (e) [Repealed, 2022, c. 15, s. 14]

  • (f) [Repealed, 2022, c. 15, s. 14]

  • 1992, c. 11, s. 16
  • 1995, c. 19, s. 38, c. 22, s. 6
  • 1997, c. 18, s. 107.1
  • 2007, c. 12, s. 1
  • 2012, c. 1, s. 34
  • 2022, c. 15, s. 14

Marginal note:Firearm, etc., prohibitions

  •  (1) Before imposing a conditional sentence under section 742.1, the court shall consider whether section 109 or 110 is applicable.

  • Marginal note:Application of section 109 or 110

    (2) For greater certainty, a condition of a conditional sentence order referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110.

  • 1995, c. 22, s. 6
  • 2002, c. 13, s. 75
  • 2004, c. 12, s. 14(E)

Marginal note:Compulsory conditions of conditional sentence order

  •  (1) The court shall prescribe, as conditions of a conditional sentence order, that the offender do all of the following:

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

    • (b) appear before the court when required to do so by the court;

    • (c) report to a supervisor

      • (i) within two working days, or such longer period as the court directs, after the making of the conditional sentence order, and

      • (ii) thereafter, when required by the supervisor and in the manner directed by the supervisor;

    • (d) remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the supervisor; and

    • (e) notify the court or the supervisor in advance of any change of name or address, and promptly notify the court or the supervisor of any change of employment or occupation.

  • (1.1) [Repealed, 2019, c. 25, s. 303]

  • (1.2) [Repealed, 2019, c. 25, s. 303]

  • (1.3) [Repealed, 2019, c. 25, s. 303]

  • Marginal note:Optional conditions of conditional sentence order

    (2) The court may prescribe, as additional conditions of a conditional sentence order, that the offender do one or more of the following:

    • (a) abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (a.1) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, the supervisor or someone designated under subsection (7) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to suspect that the offender has breached a condition of the order that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

    • (a.2) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified by the supervisor in a notice in Form 51 served on the offender, if a condition of the order requires the offender to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

    • (a.3) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (b) abstain from owning, possessing or carrying a weapon;

    • (c) provide for the support or care of dependants;

    • (d) perform up to 240 hours of community service over a period not exceeding eighteen months;

    • (e) attend a treatment program approved by the province; and

    • (f) comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for securing the good conduct of the offender and for preventing a repetition by the offender of the same offence or the commission of other offences.

  • Marginal note:Obligations of court

    (3) A court that makes an order under this section shall

    • (a) cause a copy of the order to be given to the offender and, on request, to the victim;

    • (b) explain the substance of subsection (1) and sections 742.4 and 742.6 to the offender;

    • (c) cause an explanation to be given to the offender of the procedure for applying under section 742.4 for a change to the optional conditions; and

    • (d) take reasonable measures to ensure that the offender understands the order and the explanations.

  • Marginal note:For greater certainty

    (4) For greater certainty, a failure to comply with subsection (3) does not affect the validity of the order.

  • Marginal note:Notice — samples at regular intervals

    (5) The notice referred to in paragraph (2)(a.2) must specify the places and times at which and the days on which the offender must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the offender is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.

  • Marginal note:Designations and specifications

    (6) For the purposes of paragraphs (2)(a.1) and (a.2) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

    • (a) designate the persons or classes of persons that may take samples of bodily substances;

    • (b) designate the places or classes of places at which the samples are to be taken;

    • (c) specify the manner in which the samples are to be taken;

    • (d) specify the manner in which the samples are to be analyzed;

    • (e) specify the manner in which the samples are to be stored, handled and destroyed;

    • (f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;

    • (g) designate the persons or classes of persons that may destroy the samples; and

    • (h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.

  • Marginal note:Further designations

    (7) For the purpose of paragraph (2)(a.1) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate persons or classes of persons to make a demand for a sample of a bodily substance.

  • Marginal note:Restriction

    (8) Samples of bodily substances referred to in paragraphs (2)(a.1) and (a.2) may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (6).

  • Marginal note:Destruction of samples

    (9) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a conditional sentence order to be destroyed within the periods prescribed by regulation, unless the samples are reasonably expected to be used as evidence in proceedings under section 742.6.

  • Marginal note:Regulations

    (10) The Governor in Council may make regulations

    • (a) prescribing bodily substances for the purposes of paragraphs (2)(a.1) and (a.2);

    • (b) respecting the designations and specifications referred to in subsections (6) and (7);

    • (c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (9); and

    • (d) respecting any other matters relating to the samples of bodily substances.

  • 1995, c. 22, s. 6
  • 2008, c. 18, s. 40
  • 2011, c. 7, s. 5
  • 2014, c. 21, s. 3
  • 2015, c. 13, s. 33
  • 2019, c. 25, s. 303

Marginal note:Prohibition on use of bodily substance

  •  (1) No person shall use a bodily substance provided under a conditional sentence order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Prohibition on use or disclosure of result

    (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a conditional sentence order.

  • Marginal note:Exception

    (3) The results of the analysis of a bodily substance provided under a conditional sentence order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of proceedings under section 742.6 or, if the results are made anonymous, for statistical or other research purposes.

  • Marginal note:Offence

    (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

  • 2011, c. 7, s. 6

Marginal note:Supervisor may propose changes to optional conditions

  •  (1) Where an offender’s supervisor is of the opinion that a change in circumstances makes a change to the optional conditions desirable, the supervisor shall give written notification of the proposed change, and the reasons for it, to the offender, to the prosecutor and to the court.

  • Marginal note:Hearing

    (2) Within seven days after receiving a notification referred to in subsection (1),

    • (a) the offender or the prosecutor may request the court to hold a hearing to consider the proposed change, or

    • (b) the court may, of its own initiative, order that a hearing be held to consider the proposed change,

    and a hearing so requested or ordered shall be held within thirty days after the receipt by the court of the notification referred to in subsection (1).

  • Marginal note:Decision at hearing

    (3) At a hearing held pursuant to subsection (2), the court

    • (a) shall approve or refuse to approve the proposed change; and

    • (b) may make any other change to the optional conditions that the court deems appropriate.

  • Marginal note:Where no hearing requested or ordered

    (4) Where no request or order for a hearing is made within the time period stipulated in subsection (2), the proposed change takes effect fourteen days after the receipt by the court of the notification referred to in subsection (1), and the supervisor shall so notify the offender and file proof of that notification with the court.

  • Marginal note:Changes proposed by offender or prosecutor

    (5) Subsections (1) and (3) apply, with such modifications as the circumstances require, in respect of a change proposed by the offender or the prosecutor to the optional conditions, and in all such cases a hearing must be held, and must be held within thirty days after the receipt by the court of the notification referred to in subsection (1).

  • Marginal note:Judge may act in chambers

    (6) All the functions of the court under this section may be exercised in chambers.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 39
 
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