GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 734.8
Definition of penalty 734.8 (1) In this section, penalty means the aggregate of (a) the fine, and (b) the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection 734(7). Reduction of imprisonment on part payment (2) The term of imprisonment in default of payment of a fine shall, on payment of a part of the penalty, whether the payment was made before or after the execution of a warrant of committal, be reduced by the number of days that bears the same proportion to the number of days in the term as the part paid bears to the total penalty. Minimum that can be accepted (3) No amount offered in part payment of a penalty shall be accepted after the execution of a warrant of committal unless it is sufficient to secure a reduction of sentence of one day, or a whole number multiple of one day, and no part payment shall be accepted until any fee that is payable in respect of the warrant or its execution has been paid. To whom payment made (4) Payment may be made under this section to the person that the Attorney General directs or, if the offender is imprisoned, to the person who has lawful custody of the prisoner or to any other person that the Attorney General directs. Application of money paid (5) A payment under this section shall be applied firstly to the payment in full of costs and charges, secondly to the payment in full of any victim surcharge imposed under section 737, and then to payment of any part of the fine that remains unpaid. 1995, c. 22, s. 6; 1999, c. 5, s. 36, c. 25, s. 19(Preamble)
Criminal Code — C-46 735
Fines on organizations 735 (1) An organization that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as punishment for that offence, to be fined in an amount, except where otherwise provided by law, (a) that is in the discretion of the court, where the offence is an indictable offence; or (b) not exceeding one hundred thousand dollars, where the offence is a summary conviction offence. Application of certain provisions — fines (1.1) A court that imposes a fine under subsection (1) or under any other Act of Parliament shall make an order that clearly sets out (a) the amount of the fine; (b) the manner in which the fine is to be paid; (c) the time or times by which the fine, or any portion of it, must be paid; and (d) any other terms respecting the payment of the fine that the court deems appropriate. Effect of filing order (2) Section 734.6 applies, with any modifications that are required, when an organization fails to pay the fine in accordance with the terms of the order. R.S., 1985, c. C-46, s. 735; R.S., 1985, c. 1 (4th Supp.), s. 18(F), c. 23 (4th Supp.), s. 7; 1995, c. 22, s. 6; 1999, c. 5, s. 37; 2003, c. 21, s. 20
Criminal Code — C-46 736
Fine option program 736 (1) An offender who is fined under section 734 may, whether or not the offender is serving a term of imprisonment imposed in default of payment of the fine, discharge the fine in whole or in part by earning credits for work performed during a period not greater than two years in a program established for that purpose by the lieutenant governor in council (a) of the province in which the fine was imposed, or (b) of the province in which the offender resides, where an appropriate agreement is in effect between the government of that province and the government of the province in which the fine was imposed, if the offender is admissible to such a program. Credits and other matters (2) A program referred to in subsection (1) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine and any other matters necessary for or incidental to carrying out the program. Deemed payment (3) Credits earned for work performed as provided by subsection (1) shall, for the purposes of this Act, be deemed to be payment in respect of a fine. Federal-provincial agreement (4) Where, by virtue of subsection 734.4(2), the proceeds of a fine belong to Her Majesty in right of Canada, an offender may discharge the fine in whole or in part in a fine option program of a province pursuant to subsection (1), where an appropriate agreement is in effect between the government of the province and the Government of Canada. R.S., 1985, c. C-46, s. 736; R.S., 1985, c. 27 (1st Supp.), s. 162, c. 1 (4th Supp.), s. 18(F); 1992, c. 1, s. 60(F); 1995, c. 22, s. 6
Criminal Code — C-46 737.1
Court to consider restitution order 737.1 (1) If an offender is convicted or is discharged under section 730 of an offence, the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, shall consider making a restitution order under section 738 or 739. Inquiry by court (2) As soon as feasible after a finding of guilt and in any event before imposing the sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable. Adjournment (3) On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court is satisfied that the adjournment would not interfere with the proper administration of justice. Form (4) Victims and other persons may indicate whether they are seeking restitution by completing Form 34.1 in Part XXVIII or a form approved for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction or by using any other method approved by the court, and, if they are seeking restitution, shall establish their losses and damages, the amount of which must be readily ascertainable, in the same manner. Reasons (5) If a victim seeks restitution and the court does not make a restitution order, it shall include in the record a statement of the court’s reasons for not doing so. 2015, c. 13, s. 29
Criminal Code — C-46 738
Restitution to victims of offences 738 (1) Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows: (a) in the case of damage to, or the loss or destruction of, the property of any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding the replacement value of the property as of the date the order is imposed, less the value of any part of the property that is returned to that person as of the date it is returned, where the amount is readily ascertainable; (b) in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding all pecuniary damages incurred as a result of the harm, including loss of income or support, if the amount is readily ascertainable; (c) in the case of bodily harm or threat of bodily harm to the offender’s intimate partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the intimate partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable; (d) in the case of an offence under section 402.2 or 403, by paying to a person who, as a result of the offence, incurs expenses to re-establish their identity, including expenses to replace their identity documents and to correct their credit history and credit rating, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable; and (e) in the case of an offence under subsection 162.1(1), by paying to a person who, as a result of the offence, incurs expenses to remove the intimate image from the Internet or other digital network, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable. Regulations (2) The lieutenant governor in council of a province may make regulations precluding the inclusion of provisions on enforcement of restitution orders as an optional condition of a probation order or of a conditional sentence order. R.S., 1985, c. C-46, s. 738; 1995, c. 22, s. 6; 2000, c. 12, s. 95; 2005, c. 43, s. 7; 2009, c. 28, s. 11; 2014, c. 31, s. 24 2019, c. 25, s. 302
Criminal Code — C-46 739
Restitution to persons acting in good faith 739 Where an offender is convicted or discharged under section 730 of an offence and (a) any property obtained as a result of the commission of the offence has been conveyed or transferred for valuable consideration to a person acting in good faith and without notice, or (b) the offender has borrowed money on the security of that property from a person acting in good faith and without notice, the court may, where that property has been returned to the lawful owner or the person who had lawful possession of that property at the time the offence was committed, order the offender to pay as restitution to the person referred to in paragraph (a) or (b) an amount not exceeding the amount of consideration for that property or the total amount outstanding in respect of the loan, as the case may be. R.S., 1985, c. C-46, s. 739; R.S., 1985, c. 27 (1st Supp.), s. 163, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 6
Criminal Code — C-46 739.1
Ability to pay 739.1 The offender’s financial means or ability to pay does not prevent the court from making an order under section 738 or 739. 2015, c. 13, s. 30
Criminal Code — C-46 739.2
Payment under order 739.2 In making an order under section 738 or 739, the court shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court is of the opinion that the amount should be paid in instalments, in which case the court shall set out a periodic payment scheme in the order. 2015, c. 13, s. 30
Criminal Code — C-46 739.3
More than one person 739.3 An order under section 738 or 739 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order of priority in which those persons are to be paid. 2015, c. 13, s. 30
Criminal Code — C-46 739.4
Public authority 739.4 (1) On the request of a person in whose favour an order under section 738 or 739 would be made, the court may make the order in favour of a public authority, designated by the regulations, who is to be responsible for enforcing the order and remitting to the person making the request all amounts received under it. Orders (2) The lieutenant governor in council of a province may, by order, designate any person or body as a public authority for the purpose of subsection (1). 2015, c. 13, s. 30
Criminal Code — C-46 740
Priority to restitution 740 Where the court finds it applicable and appropriate in the circumstances of a case to make, in relation to an offender, an order of restitution under section 738 or 739, and (a) an order of forfeiture under this or any other Act of Parliament may be made in respect of property that is the same as property in respect of which the order of restitution may be made, or (b) the court is considering ordering the offender to pay a fine and it appears to the court that the offender would not have the means or ability to comply with both the order of restitution and the order to pay the fine, the court shall first make the order of restitution and shall then consider whether and to what extent an order of forfeiture or an order to pay a fine is appropriate in the circumstances. R.S., 1985, c. C-46, s. 740; 1995, c. 22, s. 6
Criminal Code — C-46 741
Enforcing restitution order 741 (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. 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
Criminal Code — C-46 741.1
Notice of orders of restitution 741.1 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
Criminal Code — C-46 741.2
Civil remedy not affected 741.2 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
Criminal Code — C-46 742
Definitions 742 In sections 742.1 to 742.7, change , in relation to optional conditions, includes deletions and additions; ( modification ) optional conditions means the conditions referred to in subsection 742.3(2); ( conditions facultatives ) 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
Criminal Code — C-46
optional conditions means the conditions referred to in subsection 742.3(2); ( conditions facultatives )
Criminal Code — C-46
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 )
Criminal Code — C-46 742.1
Imposing of conditional sentence 742.1 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
Criminal Code — C-46 742.2
Firearm, etc., prohibitions 742.2 (1) Before imposing a conditional sentence under section 742.1, the court shall consider whether section 109 or 110 is applicable. 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)
Criminal Code — C-46 742.3
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. 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. 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. 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). 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. 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
Criminal Code — C-46 742.31
Prohibition on use of bodily substance 742.31 (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. 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. 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. Offence (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction. 2011, c. 7, s. 6
Criminal Code — C-46 742.4
Supervisor may propose changes to optional conditions 742.4 (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. 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). 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. 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. 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). 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