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: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.