PART XXIIISentencing (continued)
Conditional Sentence of Imprisonment (continued)
Marginal note:Firearm, etc., prohibitions
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
(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
(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.
Marginal note:Abstain from communicating
(1.1) The court shall prescribe, as a condition of a conditional sentence order, that the offender abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the court considers necessary, unless
(a) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent; or
(b) the court decides that, because of exceptional circumstances, it is not appropriate to impose the condition.
(1.2) For the purposes of paragraph (1.1)(a), the consent is valid only if it is given in writing or in the manner specified in the order.
(1.3) If the court makes the decision described in paragraph (1.1)(b), it shall state the reasons for the decision in the record.
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;
(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.
(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.
(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.
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