Victim fine
surcharge
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(2) If the lieutenant governor in council of
a province has not made an order under
subsection (1), a youth justice court that
imposes a fine on a young person under
paragraph 42(2)(d) may, in addition to any
other punishment imposed on the young
person, order the young person to pay a victim
fine surcharge in an amount not exceeding
fifteen per cent of the fine. The surcharge shall
be used to provide 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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Where a fine
or other
payment is
ordered
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54. (1) The youth justice court shall, in
imposing a fine under paragraph 42(2)(d) or in
making an order under paragraph 42(2)(e) or
(g), have regard to the present and future
means of the young person to pay.
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Discharge of
fine or
surcharge
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(2) A young person on whom a fine is
imposed under paragraph 42(2)(d), including
any percentage of a fine imposed under
subsection 53(1), or on whom a victim fine
surcharge is imposed under subsection 53(2),
may discharge the fine or surcharge in whole
or in part by earning credits for work
performed in a program established for that
purpose
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Rates,
crediting and
other matters
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(3) A program referred to in subsection (2)
shall determine the rate at which credits are
earned and may provide for the manner of
crediting any amounts earned against the fine
or surcharge and any other matters necessary
for or incidental to carrying out the program.
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Representatio
ns respecting
orders under
paragraphs
42(2)(e) to (h)
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(4) In considering whether to make an order
under any of paragraphs 42(2)(e) to (h), the
youth justice court may consider any
representations made by the person who
would be compensated or to whom restitution
or payment would be made.
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Notice of
orders under
paragraphs
42(2)(e) to (h)
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(5) If the youth justice court makes an order
under any of paragraphs 42(2)(e) to (h), it shall
cause notice of the terms of the order to be
given to the person who is to be compensated
or to whom restitution or payment is to be
made.
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Consent of
person to be
compensated
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(6) No order may be made under paragraph
42(2)(h) unless the youth justice court has
secured the consent of the person to be
compensated.
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Orders under
paragraph
42(2)(h), (i)
or (m)
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(7) No order may be made under paragraph
42(2)(h), (i) or (m) unless the youth justice
court is satisfied that
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Duration of
order for
service
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(8) No order may be made under paragraph
42(2)(h) or (i) to perform personal or
community services unless those services can
be completed in two hundred and forty hours
or less and within twelve months after the date
of the order.
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Community
service order
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(9) No order may be made under paragraph
42(2)(i) unless
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Application
for further
time to
complete
youth
sentence
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(10) A youth justice court may, on
application by or on behalf of the young
person in respect of whom a youth sentence
has been imposed under any of paragraphs
42(2)(d) to (i), allow further time for the
completion of the sentence subject to any
regulations made under paragraph 155(b) and
to any rules made by the youth justice court
under subsection 17(1).
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Conditions
that must
appear in
orders
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55. (1) The youth justice court shall
prescribe, as conditions of an order made
under paragraph 42(2)(k) or (l), that the young
person
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Conditions
that may
appear in
orders
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(2) A youth justice court may prescribe, as
conditions of an order made under paragraph
42(2)(k) or (l), that a young person do one or
more of the following that the youth justice
court considers appropriate in the
circumstances:
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Communicati
on of order
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56. (1) A youth justice court that makes an
order under paragraph 42(2)(k) or (l) shall
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Copy of order
to parent
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(2) A youth justice court that makes an
order under paragraph 42(2)(k) or (l) may
cause a copy to be given to a parent of the
young person who is not in attendance at the
proceedings if the parent is, in the opinion of
the court, taking an active interest in the
proceedings.
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Endorsement
of order by
young person
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(3) After the order has been read and
explained under subsection (1), the young
person shall endorse on the order an
acknowledgement that the young person has
received a copy of the order and had its
purpose and effect explained.
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Validity of
order
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(4) The failure of a young person to endorse
the order or of a parent to receive a copy of the
order does not affect the validity of the order.
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Commenceme
nt of order
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(5) An order made under paragraph 42(2)(k)
or (l) comes into force
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Effect of
order in case
of custody
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(6) If a young person is subject to a sentence
that includes both a period of continuous
custody and supervision and an order made
under paragraph 42(2)(k) or (l), and the court
orders under subsection 42(12) a delay in the
start of the period of custody, the court may
divide the period that the order made under
paragraph 42(2)(k) or (l) is in effect, with the
first portion to have effect from the date on
which it is made until the start of the period of
custody, and the remainder to take effect at the
end of the period of supervision.
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Notice to
appear
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(7) A young person may be given notice
either orally or in writing to appear before the
youth justice court under paragraph 55(1)(b).
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Warrant in
default of
appearance
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(8) If service of a notice in writing is proved
and the young person fails to attend court in
accordance with the notice, a youth justice
court may issue a warrant to compel the
appearance of the young person.
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Transfer of
youth
sentence
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57. (1) When a youth sentence has been
imposed under any of paragraphs 42(2)(d) to
(i), (k), (l) or (s) in respect of a young person
and the young person or a parent with whom
the young person resides is or becomes a
resident of a territorial division outside the
jurisdiction of the youth justice court that
imposed the youth sentence, whether in the
same or in another province, a youth justice
court judge in the territorial division in which
the youth sentence was imposed may, on the
application of the Attorney General or on the
application of the young person or the young
person's parent, with the consent of the
Attorney General, transfer to a youth justice
court in another territorial division the youth
sentence and any portion of the record of the
case that is appropriate. All subsequent
proceedings relating to the case shall then be
carried out and enforced by that court.
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No transfer
outside
province
before appeal
completed
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(2) No youth sentence may be transferred
from one province to another under this
section until the time for an appeal against the
youth sentence or the finding on which the
youth sentence was based has expired or until
all proceedings in respect of any such appeal
have been completed.
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Transfer to a
province
when person
is adult
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(3) When an application is made under
subsection (1) to transfer the youth sentence of
a young person to a province in which the
young person is an adult, a youth justice court
judge may, with the consent of the Attorney
General, transfer the youth sentence and the
record of the case to the youth justice court in
the province to which the transfer is sought,
and the youth justice court to which the case
is transferred shall have full jurisdiction in
respect of the youth sentence as if that court
had imposed the youth sentence. The person
shall be further dealt with in accordance with
this Act.
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Interprovincia
l
arrangements
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58. (1) When a youth sentence has been
imposed under any of paragraphs 42(2)(k) to
(r) in respect of a young person, the youth
sentence in one province may be dealt with in
any other province in accordance with any
agreement that may have been made between
those provinces.
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Youth justice
court retains
jurisdiction
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(2) Subject to subsection (3), when a youth
sentence imposed in respect of a young person
is dealt with under this section in a province
other than that in which the youth sentence
was imposed, the youth justice court of the
province in which the youth sentence was
imposed retains, for all purposes of this Act,
exclusive jurisdiction over the young person
as if the youth sentence were dealt with within
that province, and any warrant or process
issued in respect of the young person may be
executed or served in any place in Canada
outside the province where the youth sentence
was imposed as if it were executed or served
in that province.
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Waiver of
jurisdiction
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(3) When a youth sentence imposed in
respect of a young person is dealt with under
this section in a province other than the one in
which the youth sentence was imposed, the
youth justice court of the province in which
the youth sentence was imposed may, with the
consent in writing of the Attorney General of
that province and the young person, waive its
jurisdiction, for the purpose of any proceeding
under this Act, to the youth justice court of the
province in which the youth sentence is dealt
with, in which case the youth justice court in
the province in which the youth sentence is
dealt with shall have full jurisdiction in
respect of the youth sentence as if that court
had imposed the youth sentence.
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Review of
youth
sentences not
involving
custody
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59. (1) When a youth justice court has
imposed a youth sentence in respect of a
young person, other than a youth sentence
under paragraph 42(2)(n), (o), (q) or (r), the
youth justice court shall, on the application of
the young person, the young person's parent,
the Attorney General or the provincial
director, made at any time after six months
after the date of the youth sentence or, with
leave of a youth justice court judge, at any
earlier time, review the youth sentence if the
court is satisfied that there are grounds for a
review under subsection (2).
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Grounds for
review
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(2) A review of a youth sentence may be
made under this section
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Progress
report
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(3) The youth justice court may, before
reviewing under this section a youth sentence
imposed in respect of a young person, require
the provincial director to cause to be prepared,
and to submit to the youth justice court, a
progress report on the performance of the
young person since the youth sentence took
effect.
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Subsections
94(10) to (12)
apply
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(4) Subsections 94(10) to (12) apply, with
any modifications that the circumstances
require, in respect of any progress report
required under subsection (3).
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Subsections
94(7) and (14)
to (18) apply
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(5) Subsections 94(7) and (14) to (18) apply,
with any modifications that the circumstances
require, in respect of reviews made under this
section and any notice required under
subsection 94(14) shall also be given to the
provincial director.
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Compelling
appearance of
young person
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(6) The youth justice court may, by
summons or warrant, compel a young person
in respect of whom a review is to be made
under this section to appear before the youth
justice court for the purposes of the review.
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Decision of
the youth
justice court
after review
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(7) When a youth justice court reviews
under this section a youth sentence imposed in
respect of a young person, it may, after giving
the young person, a parent of the young
person, the Attorney General and the
provincial director an opportunity to be heard,
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New youth
sentence not
to be more
onerous
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(8) Subject to subsection (9), when a youth
sentence imposed in respect of a young person
is reviewed under this section, no youth
sentence imposed under subsection (7) shall,
without the consent of the young person, be
more onerous than the remainder of the youth
sentence reviewed.
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Exception
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(9) A youth justice court may under this
section extend the time within which a youth
sentence imposed under paragraphs 42(2)(d)
to (i) is to be complied with by a young person
if the court is satisfied that the young person
requires more time to comply with the youth
sentence, but in no case shall the extension be
for a period of time that expires more than
twelve months after the date the youth
sentence would otherwise have expired.
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Provisions
applicable to
youth
sentences on
review
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60. This Part and Part 5 (custody and
supervision) apply with any modifications
that the circumstances require to orders made
in respect of reviews of youth sentences under
sections 59 and 94 to 96.
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