An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
Marginal note:R.S., c. 27 (1st Supp.), s. 168; 1994, c. 44, s. 78; 1997, c. 18, s. 108(1) and (2)(F); 1999, c. 5, s. 43
311 Sections 770 and 771 of the Act are replaced by the following:
Marginal note:Default to be endorsed
770 (1) If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions, a court, provincial court judge or justice having knowledge of the facts shall endorse or cause to be endorsed on the undertaking, release order or recognizance a certificate in Form 33 setting out
Marginal note:Transmission to clerk of court
(2) Once endorsed, the undertaking, release order or recognizance must be sent to the clerk of the court and shall be kept by them with the records of the court.
Marginal note:Certificate is evidence
(3) A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates.
Marginal note:Transmission of deposit
(4) If, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of an undertaking, release order or recognizance, that money must be sent to the clerk of the court with the defaulted undertaking, release order or recognizance, to be dealt with in accordance with this Part.
Marginal note:Proceedings in case of default
771 (1) If an undertaking, release order or recognizance has been endorsed with a certificate and has been received by the clerk of the court,
(a) a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on the Attorney General’s or counsel’s behalf, as the case may be, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and
(b) the clerk of the court shall, not less than 10 days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety, at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.
Marginal note:Order of judge
(2) If subsection (1) has been complied with, the judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.
Marginal note:Judgment debtors of the Crown
(3) If a judge orders forfeiture of the amount set out in the undertaking, release order or recognizance, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.
Marginal note:Order may be filed
(3.1) An order made under subsection (2) may be filed with the clerk of the superior court and if one is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.
Marginal note:Transfer of deposit
(4) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias may be issued, but the amount of the deposit must be transferred by the person who has custody of it to the person who is entitled by law to receive it.
Marginal note:R.S., c. 27 (2nd Supp.), s. 10 (Sch., subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59
312 (1) The reference to “a recognizance” in column II of the schedule to Part XXV of the Act, opposite “Ontario” in column I, is replaced by a reference to “a release order or recognizance”.
Marginal note:R.S., c. 27 (2nd Supp.), s. 10 (Sch., subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59
(2) The reference to “all other recognizances” in column II of the schedule to Part XXV of the Act, opposite “Ontario” in column I, is replaced by a reference to “undertakings or all other release orders or recognizances”.
(3) The references to “a recognizance” in column II of the schedule to Part XXV of the Act, opposite “British Columbia” in column I, are replaced by references to “an undertaking, release order or recognizance”.
313 Subsection 779(2) of the Act is replaced by the following:
Marginal note:Provisions of Part XXV
(2) The provisions of Part XXV relating to forfeiture of an amount set out in a recognizance apply to a recognizance entered into under this section.
Marginal note:2013, c. 11, s. 4
314 Paragraph (b) of the definition sentence in section 785 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,
Marginal note:1997, c. 18, s. 110
315 Subsection 786(2) of the Act is replaced by the following:
Marginal note:Limitation
(2) No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.
Marginal note:R.S., c. 27 (1st Supp.), s. 171(2); 2008, c. 18, s. 44
316 Section 787 of the Act is replaced by the following:
Marginal note:General penalty
787 (1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both.
Marginal note:Imprisonment in default if not otherwise specified
(2) If the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term of not more than two years less a day.
Marginal note:1997, c. 18, s. 111
317 Subsection 800(2.1) of the Act is replaced by the following:
Marginal note:Video links
(2.1) If the summary conviction court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel.
317.1 Section 802.1 of the Act is replaced by the following:
Marginal note:Limitation on the use of agents
802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless
Marginal note:1994, c. 44, s. 80(1)
318 (1) Subsection 806(1) of the Act is replaced by the following:
Marginal note:Memo of conviction or order
806 (1) If a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order must be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order must be drawn up and the certified copy must be delivered to the person making the request.
(2) Subsection 806(2) of the French version of the Act is replaced by the following:
Marginal note:Mandat de dépôt
(2) Lorsqu’un défendeur est déclaré coupable ou qu’une ordonnance est rendue contre lui, un mandat de dépôt selon la formule 21 ou 22 est délivré par la cour des poursuites sommaires, et l’article 528 s’applique à l’égard de ce mandat de dépôt.
Marginal note:1994, c. 44, s. 80(2)
(3) Subsection 806(3) of the Act is replaced by the following:
Marginal note:Admissibility of certified copy
(3) If a warrant of committal in Form 21 is signed by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.
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