Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 74
Disposition versions

Full text
Conditions of a probation order
74(1)A judge shall set out in a probation order the conditions that the defendant
(a) keep the peace and be of good behaviour, and
(b) appear before the court as and when required by the judge.
74(2)A judge who orders a defendant to serve a term of imprisonment intermittently shall, in addition to the conditions referred to in subsection (1), set out in the probation order the condition that the defendant report to a correctional institution at the times stated in the probation order.
74(3)In addition to the conditions referred to in subsections (1) and (2), a judge may include in a probation order any or all of the following conditions:
(a) that the defendant pay compensation or make restitution to a person to whom loss or damage was caused by the offence;
(b) that the defendant perform a community service as set out in the probation order;
(c) that the defendant submit to treatment for alcohol or drug abuse if the judge is satisfied that the defendant is in need of treatment and is a suitable candidate for treatment;
(d) that the defendant attend a program of driver education or improvement if the judge is satisfied that the defendant would benefit from such a program;
(e) that the defendant make reasonable efforts to find and maintain suitable employment or to attend educational or training programs;
(e.1) that the defendant notify the court of any change of residence;
(f) that the defendant report to and be under the supervision of a probation officer or some other person designated by the judge; and
(g) such other reasonable conditions as the judge considers desirable for securing the good conduct of the defendant and for preventing the defendant from committing offences in the future.
74(4)Where the Lieutenant-Governor in Council makes regulations respecting the compensation or restitution that a defendant may be ordered to pay or make, every condition included in a probation order under paragraph (3)(a) shall be in accordance with those regulations.
74(5)A judge shall not include a condition under paragraph (3)(a) in a probation order unless
(a) the nature and amount of the compensation or restitution to be paid or made is readily ascertainable, and
(b) the amount is not in excess of three thousand dollars, unless the defendant consents to a greater amount.
74(6)A judge shall not include a condition under paragraph (3)(b) or (f) in a probation order except on the recommendation of a probation officer.
74(7)Notwithstanding subsection (1), a judge may make a probation order in which the only condition is a condition under paragraph (3)(a).
74(8)Where a probation order is made in relation to a corporation, the judge may, notwithstanding subsection (1), include in the probation order only such conditions as the judge considers reasonable to impose on a corporate defendant.
1990, c.18, s.36
Conditions of a probation order
74(1)A judge shall set out in a probation order the conditions that the defendant
(a) keep the peace and be of good behaviour, and
(b) appear before the court as and when required by the judge.
74(2)A judge who orders a defendant to serve a term of imprisonment intermittently shall, in addition to the conditions referred to in subsection (1), set out in the probation order the condition that the defendant report to a correctional institution at the times stated in the probation order.
74(3)In addition to the conditions referred to in subsections (1) and (2), a judge may include in a probation order any or all of the following conditions:
(a) that the defendant pay compensation or make restitution to a person to whom loss or damage was caused by the offence;
(b) that the defendant perform a community service as set out in the probation order;
(c) that the defendant submit to treatment for alcohol or drug abuse if the judge is satisfied that the defendant is in need of treatment and is a suitable candidate for treatment;
(d) that the defendant attend a program of driver education or improvement if the judge is satisfied that the defendant would benefit from such a program;
(e) that the defendant make reasonable efforts to find and maintain suitable employment or to attend educational or training programs;
(e.1) that the defendant notify the court of any change of residence;
(f) that the defendant report to and be under the supervision of a probation officer or some other person designated by the judge; and
(g) such other reasonable conditions as the judge considers desirable for securing the good conduct of the defendant and for preventing the defendant from committing offences in the future.
74(4)Where the Lieutenant-Governor in Council makes regulations respecting the compensation or restitution that a defendant may be ordered to pay or make, every condition included in a probation order under paragraph (3)(a) shall be in accordance with those regulations.
74(5)A judge shall not include a condition under paragraph (3)(a) in a probation order unless
(a) the nature and amount of the compensation or restitution to be paid or made is readily ascertainable, and
(b) the amount is not in excess of three thousand dollars, unless the defendant consents to a greater amount.
74(6)A judge shall not include a condition under paragraph (3)(b) or (f) in a probation order except on the recommendation of a probation officer.
74(7)Notwithstanding subsection (1), a judge may make a probation order in which the only condition is a condition under paragraph (3)(a).
74(8)Where a probation order is made in relation to a corporation, the judge may, notwithstanding subsection (1), include in the probation order only such conditions as the judge considers reasonable to impose on a corporate defendant.
1990, c.18, s.36