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Bill C-41

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Royal Assent

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Failure to comply with probation order	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
	(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
	(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.
Where accused may be tried and punished	(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.
	Fines and Forfeiture
Power of court to impose fine	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.
Offender's ability to pay	(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.
Meaning of default of payment	(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.
Imprisonment in default of payment	(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.
Determination of term	(5) The length, in days, of the term of imprisonment referred to in subsection (4) is the lesser of
	(a) a fraction of which
	(i) the numerator is the aggregate of
	(A) the unpaid amount of the fine, and
	(B) the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection (7), and
	(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
	(b) the maximum term of imprisonment, expressed in days, that the court could itself impose on conviction.
Moneys found on offender	(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.
Provincial regulations	(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).
Terms of order imposing fine	734.1 A court that fines an offender under section 734 shall do so by making 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 thereof, must be paid; and
	(d) such other terms respecting the payment of the fine as the court deems appropriate.
Proceedings on making order	734.2 A court that makes an order under section 734.1 shall
	(a) cause to be given to the offender
	(i) a copy of the order,
	(ii) an explanation of the substance of sections 734 to 734.8 and 736,
	(iii) an explanation of available programs referred to in section 736 and of the procedure for applying for admission to such programs, and
	(iv) an explanation of the procedure for applying under section 734.3 for a change in the terms of the order; and
	(b) take reasonable measures to ensure that the offender understands the order and the explanations given to the offender under paragraph (a).
Change in terms of order	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.
Proceeds to go to provincial treasurer	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.
Proceeds to go to Receiver General for Canada	(2) Where
	(a) a fine or forfeiture is imposed
	(i) in respect of a contravention of a revenue law of Canada,
	(ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or
	(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
	(b) a recognizance in connection with proceedings mentioned in paragraph (a) is forfeited,
	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.
Direction for payment to municipality	(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,
	(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
	(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.
Licences, permits, etc.	734.5 Where an offender is in default of payment of a fine,
	(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
	(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.
Civil enforcement of fines, forfeiture	734.6 (1) Where
	(a) an offender is in default of payment of a fine, or
	(b) a forfeiture imposed by law is not paid as required by the order imposing it,
	then, in addition to any other method provided by law for recovering the fine or forfeiture,
	(c) the Attorney General of the province to whom the proceeds of the fine or forfeiture belong, or
	(d) the Attorney General of Canada, where the proceeds of the fine or forfeiture belong to Her Majesty in right of Canada,
	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.
Effect of filing order	(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.
Warrant of committal	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
	(a) until the expiration of the time allowed for payment of the fine in full; and
	(b) unless the court is satisfied
	(i) that the mechanisms provided by sections 734.5 and 734.6 are not appropriate in the circumstances, or
	(ii) that the offender has, without reasonable excuse, refused to pay the fine or discharge it under section 736.
Reasons for committal	(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.
Compelling appearance of person bound	(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).
Effect of imprisonment	(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.
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) 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.
Minimum that can be accepted	(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.
To whom payment made	(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.
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 fine surcharge imposed under subsection 737(1), and thereafter to payment of any part of the fine that remains unpaid.
Fines on corporations	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,
	(a) that is in the discretion of the court, where the offence is an indictable offence; or
	(b) not exceeding twenty-five thousand dollars, where the offence is a summary conviction offence.
Civil enforcement of fines	(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.
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-provi ncial 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.
Victim fine surcharge	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
	(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
	(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),
	subject to such terms and conditions as may be prescribed by those regulations.
Exception	(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.
Written reasons for not making order	(3) Where the court does not make an order under subsection (1), the court shall
	(a) provide the reasons why the order is not being made; and
	(b) enter the reasons in the record of the proceedings or, where the proceedings are not recorded, provide written reasons.
Amounts applied to aid victims	(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.

Bill C-41

Fines and Forfeiture