| Failure to
comply with
probation
order
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733.1 (1) An offender who is bound by a
probation order and who, without reasonable
excuse, fails or refuses to comply with that
order is guilty of
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(a) an indictable offence and is liable to
imprisonment for a term not exceeding two
years; or
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(b) an offence punishable on summary
conviction and is liable to imprisonment for
a term not exceeding eighteen months, or to
a fine not exceeding two thousand dollars,
or both.
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| Where
accused may
be tried and
punished
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(2) An accused who is charged with an
offence under subsection (1) may be tried and
punished by any court having jurisdiction to
try that offence in the place where the offence
is alleged to have been committed or in the
place where the accused is found, is arrested
or is in custody, but where the place where the
accused is found, is arrested or is in custody is
outside the province in which the offence is
alleged to have been committed, no
proceedings in respect of that offence shall be
instituted in that place without the consent of
the Attorney General of that province.
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| Power of
court to
impose fine
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734. (1) A court that convicts a person,
other than a corporation, of an offence, except
an offence that is punishable by a minimum
term of imprisonment, may, in addition to or
in lieu of any other sanction that the court is
authorized to impose, fine the offender,
subject to subsection (2), by making an order
under section 734.1.
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| Offender's
ability to pay
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(2) A court may fine an offender under this
section only if the court is satisfied that the
offender is able to pay the fine, or discharge it
under section 736.
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| Meaning of
default of
payment
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(3) For the purposes of this section and
sections 734.1 to 737, a person is in default of
payment of a fine if the fine has not been paid
in full by the time set out in the order made
under section 734.1.
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| Imprisonment
in default of
payment
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(4) Where an offender is fined under this
section, a term of imprisonment, determined
in accordance with subsection (5), shall be
deemed to be imposed in default of payment
of the fine.
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| Determination
of term
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(5) The length, in days, of the term of
imprisonment referred to in subsection (4) is
the lesser of
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(i) the numerator is the aggregate of
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(A) the unpaid amount of the fine, and
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(B) the costs and charges of
committing and conveying the
defaulter to prison, calculated in
accordance with regulations made
under subsection (7), and
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(ii) the denominator is equal to eight
times the provincial minimum hourly
wage, at the time of default, in the
province in which the fine was imposed,
rounded down to the nearest whole
number of days, and
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(b) the maximum term of imprisonment,
expressed in days, that the court could itself
impose on conviction.
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| Moneys found
on offender
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(6) All or any part of a fine imposed under
this section 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.
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| Provincial
regulations
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(7) The lieutenant governor in council of a
province may make regulations respecting the
calculation of the costs and charges referred to
in clause (5)(a)(i)(B) and in paragraph
734.8(1)(b).
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| Terms of
order
imposing fine
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734.1 A court that fines an offender under
section 734 shall do so by making an order that
clearly sets out
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(a) the amount of the fine;
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(b) the manner in which the fine is to be
paid;
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(c) the time or times by which the fine, or
any portion thereof, must be paid; and
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(d) such other terms respecting the payment
of the fine as the court deems appropriate.
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| Proceedings
on making
order
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734.2 A court that makes an order under
section 734.1 shall
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(a) cause to be given to the offender
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(ii) an explanation of the substance of
sections 734 to 734.8 and 736,
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(iii) an explanation of available programs
referred to in section 736 and of the
procedure for applying for admission to
such programs, and
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(iv) an explanation of the procedure for
applying under section 734.3 for a
change in the terms of the order; and
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(b) take reasonable measures to ensure that
the offender understands the order and the
explanations given to the offender under
paragraph (a).
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| Change in
terms of order
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734.3 A court that makes an order under
section 734.1, or a person designated, either
by name or by title of office, by that court,
may, on application by or on behalf of the
offender, subject to any rules made by the
court under section 482, change any term of
the order except the amount of the fine, and
any reference in this section and sections 734,
734.1, 734.2 and 734.6 to an order shall be
read as including a reference to the order as
changed pursuant to this section.
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| Proceeds to
go to
provincial
treasurer
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734.4 (1) Where a fine or forfeiture is
imposed or a recognizance is forfeited and no
provision, other than this section, is made by
law for the application of the proceeds thereof,
the proceeds belong to Her Majesty in right of
the province in which the fine or forfeiture was
imposed or the recognizance was forfeited,
and shall be paid by the person who receives
them to the treasurer of that province.
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| Proceeds to
go to Receiver
General for
Canada
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(2) Where
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(a) a fine or forfeiture is imposed
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(i) in respect of a contravention of a
revenue law of Canada,
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(ii) in respect of a breach of duty or
malfeasance in office by an officer or
employee of the Government of Canada,
or
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(iii) in respect of any proceedings
instituted at the instance of the
Government of Canada in which that
government bears the costs of
prosecution, or
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(b) a recognizance in connection with
proceedings mentioned in paragraph (a) is
forfeited,
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the proceeds of the fine, forfeiture or
recognizance belong to Her Majesty in right of
Canada and shall be paid by the person who
receives them to the Receiver General.
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| Direction for
payment to
municipality
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(3) Where a provincial, municipal or local
authority bears, in whole or in part, the
expense of administering the law under which
a fine or forfeiture is imposed or under which
proceedings are taken in which a
recognizance is forfeited,
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(a) the lieutenant governor in council of a
province may direct that the proceeds of a
fine, forfeiture or recognizance that belongs
to Her Majesty in right of the province shall
be paid to that authority; and
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(b) the Governor in Council may direct that
the proceeds of a fine, forfeiture or
recognizance that belongs to Her Majesty in
right of Canada shall be paid to that
authority.
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| Licences,
permits, etc.
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734.5 Where an offender is in default of
payment of a fine,
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(a) the person responsible, by or under an
Act of the legislature of the province to
whom the proceeds of the fine belong by
virtue of subsection 734.4(1), for issuing or
renewing a licence, permit or other similar
instrument in relation to the offender may
refuse to issue or renew the licence, permit
or other instrument until the fine is paid in
full, proof of which lies on the offender; or
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(b) where the proceeds of the fine belong to
Her Majesty in right of Canada by virtue of
subsection 734.4(2), the person
responsible, by or under an Act of
Parliament, for issuing or renewing a
licence, permit or other similar instrument
in relation to the offender may refuse to
issue or renew the licence, permit or other
instrument until the fine is paid in full, proof
of which lies on the offender.
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| Civil
enforcement
of fines,
forfeiture
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734.6 (1) Where
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(a) an offender is in default of payment of
a fine, or
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(b) a forfeiture imposed by law is not paid
as required by the order imposing it,
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then, in addition to any other method provided
by law for recovering the fine or forfeiture,
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(c) the Attorney General of the province to
whom the proceeds of the fine or forfeiture
belong, or
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(d) the Attorney General of Canada, where
the proceeds of the fine or forfeiture belong
to Her Majesty in right of Canada,
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may, by filing the order, enter as a judgment
the amount of the fine or forfeiture, and costs,
if any, in any civil court in Canada that has
jurisdiction to enter a judgment for that
amount.
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| Effect of
filing order
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(2) An order that is entered as a judgment
under this section is enforceable in the same
manner as if it were a judgment obtained by
the Attorney General of the province or the
Attorney General of Canada, as the case may
be, in civil proceedings.
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| Warrant of
committal
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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
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(a) until the expiration of the time allowed
for payment of the fine in full; and
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(b) unless the court is satisfied
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(i) that the mechanisms provided by
sections 734.5 and 734.6 are not
appropriate in the circumstances, or
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(ii) that the offender has, without
reasonable excuse, refused to pay the fine
or discharge it under section 736.
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| Reasons for
committal
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(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.
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| Compelling
appearance of
person bound
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(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).
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| Effect of
imprisonment
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(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.
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| Definition of
``penalty''
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734.8 (1) In this section, ``penalty'' means
the aggregate of
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(b) the costs and charges of committing and
conveying the defaulter to prison,
calculated in accordance with regulations
made under subsection 734(7).
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| Reduction of
imprisonment
on part
payment
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(2) Where a person is imprisoned in default
of payment of a fine, the term of imprisonment
shall, on payment of a part of the penalty,
whether the payment was made before or after
the issue 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.
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| Minimum that
can be
accepted
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(3) No amount offered in part payment of a
penalty shall be accepted unless it is sufficient
to secure a reduction of sentence of one day,
or a multiple thereof, and where a warrant of
committal has been issued, no part payment
shall be accepted until any fee that is payable
in respect of the warrant or its execution has
been paid.
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| To whom
payment
made
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(4) Payment may be made under this section
to the person who has lawful custody of the
prisoner or to such other person as the
Attorney General directs.
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| Application of
money paid
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(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 fine surcharge imposed under
subsection 737(1), and thereafter to payment
of any part of the fine that remains unpaid.
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| Fines on
corporations
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735. (1) A corporation 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,
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(a) that is in the discretion of the court,
where the offence is an indictable offence;
or
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(b) not exceeding twenty-five thousand
dollars, where the offence is a summary
conviction offence.
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| Civil
enforcement
of fines
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(2) Section 734.6 applies, with such
modifications as the circumstances require,
where a fine imposed under subsection (1) or
under any other Act of Parliament is not paid
forthwith.
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| Fine option
program
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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
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(a) of the province in which the fine was
imposed, or
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(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,
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if the offender is admissible to such a program.
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| Credits and
other matters
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(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.
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| Deemed
payment
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(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.
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| Federal-provi
ncial
agreement
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(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.
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| Victim fine
surcharge
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737. (1) Subject to subsection (2), where an
offender is convicted or discharged under
section 730 of an offence under this Act or Part
III or IV of the Food and Drugs Act or the
Narcotic Control Act, the court imposing
sentence on or discharging the offender shall,
in addition to any other punishment imposed
on the offender, order the offender to pay a
victim fine surcharge in an amount not
exceeding
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(a) fifteen per cent of any fine that is
imposed on the offender for that offence or,
where no fine is imposed on the offender for
that offence, ten thousand dollars, or
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(b) such lesser amount as may be prescribed
by, or calculated in the manner prescribed
by, regulations made by the Governor in
Council under subsection (5),
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subject to such terms and conditions as may be
prescribed by those regulations.
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| Exception
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(2) Where the offender establishes to the
satisfaction of the court that undue hardship to
the offender or the dependants of the offender
would result from the making of an order
under subsection (1), the court is not required
to make the order.
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| Written
reasons for
not making
order
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(3) Where the court does not make an order
under subsection (1), the court shall
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(a) provide the reasons why the order is not
being made; and
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(b) enter the reasons in the record of the
proceedings or, where the proceedings are
not recorded, provide written reasons.
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| Amounts
applied to aid
victims
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(4) A victim fine surcharge imposed under
subsection (1) shall be applied for the
purposes of providing such assistance to
victims of offences as the lieutenant governor
in council of the province in which the
surcharge is imposed may direct from time to
time.
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