Bill C-51

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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.
1995, c. 22, s. 6	37. Subsection 735(2) of the Act is replaced by the following:
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 a corporate offender fails to pay the fine in accordance with the terms of the order.
1995, c. 22, s. 6; 1996, c. 19, s. 75	38. Subsection 737(6) of the Act is replaced by the following:
Enforcement	(6) Subsections 734(2) to (5) and sections 734.1, 734.3, 734.5 and 734.7 apply, and section 736 does not apply, in respect of a victim fine surcharge imposed under subsection (1).
1995, c. 22, s. 6	39. Subsection 742.4(1) of the Act is replaced by the following:
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.
1995, c. 22, s. 6	40. Subsection 742.5(1) of the Act is replaced by the following:
Transfer of order	742.5 (1) Where an offender who is bound by a conditional sentence order becomes a resident of a territorial division, other than the territorial division where the order was made, on the application of a supervisor, the court that made the order may, subject to subsection (1.1), transfer the order to a court in that other territorial division that would, having regard to the mode of trial of the offender, have had jurisdiction to make the order in that other territorial division if the offender had been tried and convicted there of the offence in respect of which the order was made, and the order may thereafter be dealt with and enforced by the court to which it is so transferred in all respects as if that court had made the order.
Attorney General's consent	(1.1) The transfer may be granted only with
	(a) the consent of the Attorney General of the province in which the conditional sentence order was made, if the two territorial divisions are not in the same province; or
	(b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the conditional sentence order were instituted by or on behalf of the Attorney General of Canada.
1995, c. 22, s. 6	41. (1) Subsection 742.6(1) of the Act is replaced by the following:
Procedure on breach of condition	742.6 (1) For the purpose of proceedings under this section,
	(a) the provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with any modifications that the circumstances require, and any reference in those Parts to committing an offence shall be read as a reference to breaching a condition of a conditional sentence order;
	(b) the powers of arrest for breach of a condition are those that apply to an indictable offence, with any modifications that the circumstances require, and subsection 495(2) does not apply;
	(c) despite paragraph (a), if an allegation of breach of condition is made, the proceeding is commenced by
	(i) the issuance of a warrant for the arrest of the offender for the alleged breach,
	(ii) the arrest without warrant of the offender for the alleged breach, or
	(iii) the compelling of the offender's appearance in accordance with paragraph (d);
	(d) if the offender is already detained or before a court, the offender's appearance may be compelled under the provisions referred to in paragraph (a);
	(e) if an offender is arrested for the alleged breach, the peace officer who makes the arrest, the officer in charge or a judge or justice may release the offender and the offender's appearance may be compelled under the provisions referred to in paragraph (a); and
	(f) any judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction or any justice of the peace may issue a warrant to arrest no matter which court, judge or justice sentenced the offender, and the provisions that apply to the issuance of telewarrants apply, with any modifications that the circumstances require, as if a breach of condition were an indictable offence.
1995, c. 22, s. 6	(2) Subsection 742.6(3) of the Act is replaced by the following:
Hearing	(3) The hearing of an allegation of a breach of condition shall be commenced within thirty days, or as soon thereafter as is practicable, after
	(a) the offender's arrest; or
	(b) the compelling of the offender's appearance in accordance with paragraph (1)(d).
Place	(3.1) The allegation may be heard by any court having jurisdiction to hear that allegation in the place where the breach is alleged to have been committed or the offender is found, arrested or in custody.
Attorney General's consent	(3.2) If the place where the offender is found, arrested or in custody is outside the province in which the breach is alleged to have been committed, no proceedings in respect of that breach shall be instituted in that place without
	(a) the consent of the Attorney General of the province in which the breach is alleged to have been committed; or
	(b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the conditional sentence order were instituted by or on behalf of the Attorney General of Canada.
Adjournment	(3.3) A judge may, at any time during a hearing of an allegation of breach of condition, adjourn the hearing for a reasonable period.
1995, c. 22, s. 6	(3) Subsection 742.6(5) of the English version of the Act is replaced by the following:
Admission of report on notice of intent	(5) The report is admissible in evidence if the party intending to produce it has, before the hearing, given the offender reasonable notice and a copy of the report.
	(4) Section 742.6 of the Act is amended by adding the following after subsection (9):
Warrant or arrest - suspension of running of conditional sentence	(10) The running of a conditional sentence imposed on an offender is suspended during the period that ends with the determination of whether a breach of condition had occurred and begins with the earliest of
	(a) the issuance of a warrant for the arrest of the offender for the alleged breach,
	(b) the arrest without warrant of the offender for the alleged breach, and
	(c) the compelling of the offender's appearance in accordance with paragraph (1)(d).
Conditions continue	(11) If the offender is not detained in custody during any period referred to in subsection (10), the conditions of the order continue to apply, with any changes made to them under section 742.4, and any subsequent breach of those conditions may be dealt with in accordance with this section.
Detention under s. 515(6)	(12) A conditional sentence referred to in subsection (10) starts running again on the making of an order to detain the offender in custody under subsection 515(6) and, unless section 742.7 applies, continues running while the offender is detained under the order.
Earned remission does not apply	(13) Section 6 of the Prisons and Reformatories Act does not apply to the period of detention in custody under subsection 515(6).
Unreasona- ble delay in execution	(14) Despite subsection (10), if there was unreasonable delay in the execution of a warrant, the court may, at any time, order that any period between the issuance and execution of the warrant that it considers appropriate in the interests of justice is deemed to be time served under the conditional sentence unless the period has been so deemed under subsection (15).
Allegation dismissed or reasonable excuse	(15) If the allegation is withdrawn or dismissed or the offender is found to have had a reasonable excuse for the breach, the sum of the following periods is deemed to be time served under the conditional sentence:
	(a) any period for which the running of the conditional sentence was suspended; and
	(b) if subsection (12) applies, a period equal to one half of the period that the conditional sentence runs while the offender is detained under an order referred to in that subsection.
Powers of court	(16) If a court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the conditional sentence order, the court may, in exceptional cases and in the interests of justice, order that some or all of the period of suspension referred to in subsection (10) is deemed to be time served under the conditional sentence.
Considera- tions	(17) In exercising its discretion under subsection (16), a court shall consider
	(a) the circumstances and seriousness of the breach;
	(b) whether not making the order would cause the offender undue hardship based on the offender's individual circumstances; and
	(c) the period for which the offender was subject to conditions while the running of the conditional sentence was suspended and whether the offender complied with those conditions during that period.
1995, c. 22, s. 6	42. Section 742.7 of the Act is replaced by the following:
If person imprisoned for new offence	742.7 (1) If an offender who is subject to a conditional sentence is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence is suspended during the period of imprisonment for that other offence.
Breach of condition	(2) If an order is made under paragraph 742.6(9)(c) or (d) to commit an offender to custody, the custodial period ordered shall, unless the court considers that it would not be in the interests of justice, be served consecutively to any other period of imprisonment that the offender is serving when that order is made.
Multiple sentences	(3) If an offender is serving both a custodial period referred to in subsection (2) and any other period of imprisonment, the periods shall, for the purpose of section 743.1 and section 139 of the Corrections and Conditional Release Act, be deemed to constitute one sentence of imprisonment.
Conditional sentence resumes	(4) The running of any period of the conditional sentence that is to be served in the community resumes upon the release of the offender from prison on parole, on statutory release, on earned remission, or at the expiration of the sentence.
R.S., c. 27 (1st Supp.), s. 168	43. Subsection 771(3.1) of the Act is replaced by the following:
Order may be filed	(3.1) An order made under subsection (2) may be filed with the clerk of the superior court and if an order is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.
	44. The portion of the schedule to Part XXV of the Act relating to ``Quebec'' in columns II and III is replaced by the following:
	Column II Column III
	The Court of Quebec, The Clerk of the Criminal and Penal Court Division
	45. Form 5 in Part XXVIII of the Act is replaced by the following:
	FORM 5
	(Section 487)

Bill C-51

FORM 5