Application by prosecutor for determination of means to enforce payment
“prosecutor” means the Attorney General or an agent of the Attorney General or counsel acting on behalf of the Attorney General.
54(2)On application made to the judge by the prosecutor at the time sentence is to be imposed, the judge may determine that one of the following means may also be used to enforce payment of a fine:
(a)
an order for seizure and sale in accordance with section 88 in relation to a defendant who is not a corporation,
(b)
a payment order in accordance with section 89
(i)
in relation to a defendant that is a corporation, or
(ii)
in relation to a defendant who is not a corporation if the proceedings were commenced by the laying of an information, or
(c)
a suspension order in accordance with section 90.
54(3)Where a determination is made that an order issued under subsection (2) may be used to enforce payment of a fine, that order shall be the first order issued if the defendant is in default of payment of a fine, and the order or warrant referred to in section 53 may be issued if the order referred to in subsection (2) does not secure payment of the fine.
1990, c.18, s.28; 1991, c.29, s.10; 2005, c.15, s.2