Marginal note:Definitions
732.1 (1) In this section and section 732.2,
change
modification
change, in relation to optional conditions, includes deletions and additions; (modification)
optional conditions
conditions facultatives
optional conditions means the conditions referred to in subsection (3). (conditions facultatives)
Marginal note:Compulsory conditions of probation order
(2) The court shall prescribe, as conditions of a probation 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; and
(c) notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation.
Marginal note:Optional conditions of probation order
(3) The court may prescribe, as additional conditions of a probation order, that the offender do one or more of the following:
(a) report to a probation officer
(i) within two working days, or such longer period as the court directs, after the making of the probation order, and
(ii) thereafter, when required by the probation officer and in the manner directed by the probation officer;
(b) remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the probation officer;
(c) abstain from
(i) the consumption of alcohol or other intoxicating substances, or
(ii) the consumption of drugs except in accordance with a medical prescription;
(d) abstain from owning, possessing or carrying a weapon;
(e) provide for the support or care of dependants;
(f) perform up to 240 hours of community service over a period not exceeding eighteen months;
(g) if the offender agrees, and subject to the program director’s acceptance of the offender, participate actively in a treatment program approved by the province;
(g.1) where the lieutenant governor in council of the province in which the probation order is made has established a program for curative treatment in relation to the consumption of alcohol or drugs, attend at a treatment facility, designated by the lieutenant governor in council of the province, for assessment and curative treatment in relation to the consumption by the offender of alcohol or drugs that is recommended pursuant to the program;
(g.2) where the lieutenant governor in council of the province in which the probation order is made has established a program governing the use of an alcohol ignition interlock device by an offender and if the offender agrees to participate in the program, comply with the program; and
(h) comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for protecting society and for facilitating the offender’s successful reintegration into the community.
Marginal note:Form and period of order
(4) A probation order may be in Form 46, and the court that makes the probation order shall specify therein the period for which it is to remain in force.
Marginal note:Proceedings on making order
(5) A court that makes a probation order shall
(a) cause to be given to the offender
(i) a copy of the order,
(ii) an explanation of the substance of subsections 732.2(3) and (5) and section 733.1, and
(iii) an explanation of the procedure for applying under subsection 732.2(3) for a change to the optional conditions; and
(b) take reasonable measures to ensure that the offender understands the order and the explanations given to the offender under paragraph (a).
- 1995, c. 22, s. 6
- 1999, c. 32, s. 6(Preamble)
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