Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Warrant of committal

• 734.7 (1) Where time has been allowed for payment of a fine, the court shall not issue a warrant of committal in default of payment of the fine

  • (a) until the expiration of the time allowed for payment of the fine in full; and

  • (b) unless the court is satisfied

    • (i) that the mechanisms provided by sections 734.5 and 734.6 are not appropriate in the circumstances, or

    • (ii) that the offender has, without reasonable excuse, refused to pay the fine or discharge it under section 736.

• Marginal note:Reasons for committal

  (2) Where no time has been allowed for payment of a fine and a warrant committing the offender to prison for default of payment of the fine is issued, the court shall state in the warrant the reason for immediate committal.

• Marginal note:Period of imprisonment

  (2.1) The period of imprisonment in default of payment of the fine shall be specified in a warrant of committal referred to in subsection (1) or (2).

• Marginal note:Compelling appearance of person bound

  (3) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under paragraph (1)(b).

• Marginal note:Effect of imprisonment

  (4) The imprisonment of an offender for default of payment of a fine terminates the operation of sections 734.5 and 734.6 in relation to that fine.