Criminal Code

Marginal note:Compulsory conditions of conditional sentence order

• 742.3 (1) The court shall prescribe, as conditions of a conditional sentence order, that the offender do all of the following:

  • (a) keep the peace and be of good behaviour;

  • (b) appear before the court when required to do so by the court;

  • (c) report to a supervisor

    • (i) within two working days, or such longer period as the court directs, after the making of the conditional sentence order, and

    • (ii) thereafter, when required by the supervisor and in the manner directed by the supervisor;

  • (d) remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the supervisor; and

  • (e) notify the court or the supervisor in advance of any change of name or address, and promptly notify the court or the supervisor of any change of employment or occupation.

• Marginal note:Abstain from communicating

  (1.1) The court shall prescribe, as a condition of a conditional sentence order, that the offender abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the court considers necessary, unless

  • (a) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent; or

  • (b) the court decides that, because of exceptional circumstances, it is not appropriate to impose the condition.

• Marginal note:Consent

  (1.2) For the purposes of paragraph (1.1)(a), the consent is valid only if it is given in writing or in the manner specified in the order.

• Marginal note:Reasons

  (1.3) If the court makes the decision described in paragraph (1.1)(b), it shall state the reasons for the decision in the record.

• Marginal note:Optional conditions of conditional sentence order

  (2) The court may prescribe, as additional conditions of a conditional sentence order, that the offender do one or more of the following:

  • (a) abstain from

    • (i) the consumption of alcohol or other intoxicating substances, or

    • (ii) the consumption of drugs except in accordance with a medical prescription;

  • (b) abstain from owning, possessing or carrying a weapon;

  • (c) provide for the support or care of dependants;

  • (d) perform up to 240 hours of community service over a period not exceeding eighteen months;

  • (e) attend a treatment program approved by the province; and

  • (f) comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for securing the good conduct of the offender and for preventing a repetition by the offender of the same offence or the commission of other offences.

• Marginal note:Obligations of court

  (3) A court that makes an order under this section shall

  • (a) cause a copy of the order to be given to the offender;

  • (b) explain the substance of subsection (1) and sections 742.4 and 742.6 to the offender;

  • (c) cause an explanation to be given to the offender of the procedure for applying under section 742.4 for a change to the optional conditions; and

  • (d) take reasonable measures to ensure that the offender understands the order and the explanations.

• Marginal note:For greater certainty

  (4) For greater certainty, a failure to comply with subsection (3) does not affect the validity of the order.