Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 725 — Other offences
In determining the sentence, a court shall consider, if it is possible and appropriate to do so, any other offences of which the offender was found guilty by the same court, and shall determine the…
Section 726 — Offender may speak to sentence
Before determining the sentence to be imposed, the court shall ask whether the offender, if present, has anything to say.
Section 726.1 — Relevant information
In determining the sentence, a court shall consider any relevant information placed before it, including any representations or submissions made by or on behalf of the prosecutor or the offender.
Section 726.2 — Reasons for sentence
When imposing a sentence, a court shall state the terms of the sentence imposed, and the reasons for it, and enter those terms and reasons into the record of the proceedings.
Section 726.3 — Inquiry by court
When imposing a sentence, a court must inquire of the prosecutor if reasonable steps were taken to determine whether the victim wishes to receive information regarding the sentence and its…
Section 727 — Previous conviction
Subject to subsections (3) and (4), where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, no greater punishment shall be…
Section 728 — Sentence justified by any count
Where one sentence is passed on a verdict of guilty on two or more counts of an indictment, the sentence is good if any of the counts would have justified the sentence.
Section 729 — Proof of certificate of analyst
In a prosecution for failure to comply with a condition in a probation order that the accused not have in possession or use drugs, or a hearing to determine whether the offender breached a condition…
Section 729.1 — Proof of certificate of analyst — bodily substance
In a prosecution for failure to comply with a condition in a probation order that the accused not consume drugs, alcohol or any other intoxicating substance, or in a hearing to determine whether the…
Section 730 — Conditional and absolute discharge
Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by…
Section 731 — Making of probation order
Where a person is convicted of an offence, a court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, if no…
Section 731.1 — Firearm, etc., prohibitions
Before making a probation order, the court shall consider whether section 109 or 110 is applicable. For greater certainty, a condition of a probation order referred to in paragraph 732.1(3)(d) does…
Section 732 — Intermittent sentence
Where the court imposes a sentence of imprisonment of ninety days or less on an offender convicted of an offence, whether in default of payment of a fine or otherwise, the court may, having regard to…
Section 732.1 — Definitions
In this section and section 732.2, change , in relation to optional conditions, includes deletions and additions; ( modification ) optional conditions means the conditions referred to in subsection…
Section 732.11 — Prohibition on use of bodily substance
No person shall use a bodily substance provided under a probation order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the…
Section 732.2 — Coming into force of order
A probation order comes into force on the date on which the order is made; where the offender is sentenced to imprisonment under paragraph 731(1)(b) or was previously sentenced to imprisonment for…
Section 733 — Transfer of order
Where an offender who is bound by a probation order becomes a resident of, or is convicted or discharged under section 730 of an offence including an offence under section 733.1 in, a territorial…
Section 733.1 — Failure to comply with probation order
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 an indictable offence and is liable to imprisonment for a…
Section 734 — Power of court to impose fine
Subject to subsection (2), a court that convicts a person, other than an organization, of an offence may fine the offender by making an order under section 734.1 if the punishment for the offence…
Section 734.1 — Terms of order imposing fine
A court that fines an offender under section 734 shall do so by making an order that clearly sets out the amount of the fine; the manner in which the fine is to be paid; the time or times by which…
Section 734.2 — Obligations of court
A court that makes an order under section 734.1 shall cause a copy of the order to be given to the offender; explain the substance of sections 734 to 734.8 and 736 to the offender; cause an…
Section 734.3 — Change in terms of order
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…
Section 734.4 — Proceeds to go to provincial treasurer
If a fine or forfeiture is imposed or an amount set out in an undertaking, release order or recognizance is forfeited and no provision, other than this section, is made by law for the application of…
Section 734.5 — Licences, permits, etc.
If an offender is in default of payment of a fine, where the proceeds of the fine belong to Her Majesty in right of a province by virtue of subsection 734.4(1), the person responsible, by or under an…
Section 734.6 — Civil enforcement of fines, forfeiture
Where an offender is in default of payment of a fine, or 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…
Section 734.7 — Warrant of committal
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 until the expiration of the time allowed for payment of the fine…
Section 734.8 — Definition of penalty
In this section, penalty means the aggregate of the fine, and the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under…
Section 735 — Fines on organizations
An organization 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…
Section 736 — Fine option program
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…
Section 737 — Victim surcharge
An offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence,…
Section 737.1 — Court to consider restitution order
If an offender is convicted or is discharged under section 730 of an offence, the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, shall…
Section 738 — Restitution to victims of offences
Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own…
Section 739 — Restitution to persons acting in good faith
Where an offender is convicted or discharged under section 730 of an offence and any property obtained as a result of the commission of the offence has been conveyed or transferred for valuable…
Section 739.1 — Ability to pay
The offender’s financial means or ability to pay does not prevent the court from making an order under section 738 or 739.
Section 739.2 — Payment under order
In making an order under section 738 or 739, the court shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court is of the opinion…
Section 739.3 — More than one person
An order under section 738 or 739 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order…
Section 739.4 — Public authority
On the request of a person in whose favour an order under section 738 or 739 would be made, the court may make the order in favour of a public authority, designated by the regulations, who is to be…
Section 740 — Priority to restitution
Where the court finds it applicable and appropriate in the circumstances of a case to make, in relation to an offender, an order of restitution under section 738 or 739, and an order of forfeiture…
Section 741 — Enforcing restitution order
An offender who fails to pay all of the amount that is ordered to be paid under section 732.1, 738, 739 or 742.3 by the day specified in the order or who fails to make a periodic payment required…
Section 741.1 — Notice of orders of restitution
If a court makes an order of restitution under section 738 or 739, it shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is…
Section 741.2 — Civil remedy not affected
A civil remedy for an act or omission is not affected by reason only that an order for restitution under section 738 or 739 has been made in respect of that act or omission.
Section 742 — Definitions
In sections 742.1 to 742.7, change , in relation to optional conditions, includes deletions and additions; ( modification ) optional conditions means the conditions referred to in subsection…
Section 742.1 — Imposing of conditional sentence
If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the…
Section 742.2 — Firearm, etc., prohibitions
Before imposing a conditional sentence under section 742.1, the court shall consider whether section 109 or 110 is applicable. For greater certainty, a condition of a conditional sentence order…
Section 742.3 — Compulsory conditions of conditional sentence order
The court shall prescribe, as conditions of a conditional sentence order, that the offender do all of the following: keep the peace and be of good behaviour; appear before the court when required to…
Section 742.31 — Prohibition on use of bodily substance
No person shall use a bodily substance provided under a conditional sentence order except for the purpose of determining whether an offender is complying with a condition of the order that they…
Section 742.4 — Supervisor may propose changes to optional conditions
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…
Section 742.5 — Transfer of order
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…
Section 742.6 — Procedure on breach of condition
For the purpose of proceedings under this section, the provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with any modifications that…
Section 742.7 — If person imprisoned for new offence
If an offender who is subject to a conditional sentence order is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence order is…