PART XVII MISCELLANEOUS
Restitution orders
190.1 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may make an order for restitution against the person convicted of the offence, requiring the person to pay another person for reasonable expenses actually incurred by the other person on account of damage to property in which the other person has an interest that results from or is in any way connected to the commission of the offence, in such amount and on such terms and conditions as the court considers just.  1998, c. 35, s. 40. Expenses incurred, interpretation (2) For the purposes of subsection (1), expenses are incurred on account of damage to property if they are incurred, (a) to prevent, eliminate or ameliorate the damage; (b) to replace the property that suffered the damage; or (c) to restore the property to the state that it was in before the damage.  1998, c. 35, s. 40. Same (3) For greater certainty, for the purposes of clause (2) (a), expenses incurred to provide a temporary or permanent alternate water supply may be expenses incurred to prevent, eliminate or ameliorate damage.  1998, c. 35, s. 40; 2005, c. 12, s. 1 (62). Amount of order (4) The amount of the order for restitution shall not exceed the replacement value of the property as of the date the order is issued.  1998, c. 35, s. 40. No restitution to person who committed offence (5) The court shall not make an order for restitution in favour of any person on account of damage that is the result of, (a) the commission of an offence by the person; or (b) a contravention in respect of which an order has been served on the person requiring the person to pay an environmental penalty, unless the order has been revoked.  1998, c. 35, s. 40; 2005, c. 12, s. 1 (63). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 190.1 (5) (b) of the Act is amended by striking out “environmental penalty” and substituting “administrative penalty”. (See: 2019, c. 14, Sched. 8, s. 22) Notification of order (6) Where a court makes an order for restitution, it shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid.  1998, c. 35, s. 40. Filing of order in court (7) An order for restitution may be filed with a local registrar of the Superior Court of Justice and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid.  1998, c. 35, s. 40; 2001, c. 9, Sched. G, s. 5 (21). Enforcement of order (8) An order for restitution filed under subsection (7) may be enforced as if it were an order of the court.  1998, c. 35, s. 40. Same (9) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (7) and, for the purpose, the date of filing shall be deemed to be the date of the order.  1998, c. 35, s. 40. Civil remedy (10) A civil remedy for an act or omission is not affected by reason only that an order for restitution under this section has been made in respect of that act or omission.  1998, c. 35, s. 40. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 40 - 01/02/1999 2001, c. 9, Sched. G, s. 5 (21) - 29/06/2001 2005, c. 12, s. 1 (62)
- 13/06/2005; 2005, c. 12, s. 1 (63)
- 01/08/2007 2019, c. 9, Sched. 7, s. 11 - no effect - see 2019, c. 14, Sched. 8, s. 80 - 10/12/2019; 2019, c. 14, Sched. 8, s. 22 - not in force