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Fines, Restitution and Community Service Orders for Young Persons

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2020. (Rev. # 99450)

General Principles

See also: Dispositions for Young Persons

There are several payment and performative dispositions available to a youth court justice. Those are:

  • Fine;
  • Compensation Order
  • Restitution Order
  • Restitution to purchase of property obtained by the commission of an offence
  • Personal Service Order
  • Community Service Order

Fines

See also: Fines
Where a fine or other payment is ordered

54 (1) The youth justice court shall, in imposing a fine under paragraph 42(2)(d) [fines] or in making an order under paragraph 42(2)(e) or (g) [xxx], have regard to the present and future means of the young person to pay.

Discharge of fine or surcharge

(2) A young person on whom a fine is imposed under paragraph 42(2)(d) [fines], including any percentage of a fine imposed under subsection 53(1) [funding for victims], or on whom a victim fine surcharge is imposed under subsection 53(2) [victim fine surcharge], may discharge the fine or surcharge in whole or in part by earning credits for work performed in a program established for that purpose

(a) by the lieutenant governor in council of the province in which the fine or surcharge was imposed; or
(b) by the lieutenant governor in council of the province in which the young person resides, if an appropriate agreement is in effect between the government of that province and the government of the province in which the fine or surcharge was imposed.
Rates, crediting and other matters

(3) A program referred to in subsection (2) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine or surcharge and any other matters necessary for or incidental to carrying out the program.
[omitted (4), (5), (6), (7), (8) and (9)]

Application for further time to complete youth sentence

(10) A youth justice court may, on application by or on behalf of the young person in respect of whom a youth sentence has been imposed under any of paragraphs 42(2)(d) to (i) [fines, personal service, community service and compensation orders], allow further time for the completion of the sentence subject to any regulations made under paragraph 155(b) [regulation power — youth court rules] and to any rules made by the youth justice court under subsection 17(1) [youth justice court may make rules].

YCJA (CanLII), (DOJ)


Note up: 54(1), (2), (3), and (10)

The time to pay may be extended under s. 54(10) of the YCJA.

Victim Surcharge
Funding for victims

53 (1) The lieutenant governor in council of a province may order that, in respect of any fine imposed in the province under paragraph 42(2)(d) [fines], a percentage of the fine as fixed by the lieutenant governor in council be used to provide such assistance to victims of offences as the lieutenant governor in council may direct from time to time.

Victim fine surcharge

(2) If the lieutenant governor in council of a province has not made an order under subsection (1) [funding for victims], a youth justice court that imposes a fine on a young person under paragraph 42(2)(d) [fines] may, in addition to any other punishment imposed on the young person, order the young person to pay a victim fine surcharge in an amount not exceeding fifteen per cent of the fine. The surcharge shall be used to provide such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.

YCJA (CanLII), (DOJ)


Note up: 53(1) and (2)

Compensation Orders

42
[omitted (1)]

Youth sentence

(2) When a youth justice court finds a young person guilty of an offence and is imposing a youth sentence, the court shall, subject to this section, impose any one of the following sanctions or any number of them that are not inconsistent with each other and, if the offence is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code [classification of murder], the court shall impose a sanction set out in paragraph (q) [youth sentences – custody and supervision order (murder)] or subparagraph (r)(ii) or (iii) [youth sentences – IRCS's re first and second degree murder] and may impose any other of the sanctions set out in this subsection that the court considers appropriate:

[omitted (a), (b), (c) and (d)]
(e) order the young person to pay to any other person at the times and on the terms that the court may fix an amount by way of compensation for loss of or damage to property or for loss of income or support, or an amount for, in the Province of Quebec, pre-trial pecuniary loss or, in any other province, special damages, for personal injury arising from the commission of the offence if the value is readily ascertainable, but no order shall be made for other damages in the Province of Quebec or for general damages in any other province;

[omitted (f) to (s)]

[omitted (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) and (17)]
2002, c. 1, s. 42; 2012, c. 1, s. 174; 2019, c. 25, s. 373.

YCJA (CanLII), (DOJ)


Note up: 42(2)

Restitution

See also: Restitution

54 [omitted (1), (2) and (3)]

Representations respecting orders under paragraphs 42(2)(e) to (h)

(4) In considering whether to make an order under any of paragraphs 42(2)(e) to (h) [fines and compensation orders], the youth justice court may consider any representations made by the person who would be compensated or to whom restitution or payment would be made.

Notice of orders under paragraphs 42(2)(e) to (h)

(5) If the youth justice court makes an order under any of paragraphs 42(2)(e) to (h) [fines and compensation orders], it shall cause notice of the terms of the order to be given to the person who is to be compensated or to whom restitution or payment is to be made.

Consent of person to be compensated

(6) No order may be made under paragraph 42(2)(h) [youth sentences – personal services] unless the youth justice court has secured the consent of the person to be compensated.

[omitted (7), (8), (9) and (10)]

YCJA (CanLII), (DOJ)


Note up: 54(1), (4), (5), (6), (7), (8), (9), and (10)

Community and Personal Service

54
[omitted (1), (2), (3), (4), (5) and (6)]

Orders under paragraph 42(2)(h), (i) or (m)

(7) No order may be made under paragraph 42(2)(h), (i) or (m) [omitted 42(2)(h), (i) or (m)]
unless the youth justice court is satisfied that

(a) the young person against whom the order is made is a suitable candidate for such an order; and
(b) the order does not interfere with the normal hours of work or education of the young person.
Duration of order for service

(8) No order may be made under paragraph 42(2)(h) or (i) to perform personal or community services unless those services can be completed in two hundred and forty hours or less and within twelve months after the date of the order.

Community service order

(9) No order may be made under paragraph 42(2)(i) unless

(a) the community service to be performed is part of a program that is approved by the provincial director; or
(b) the youth justice court is satisfied that the person or organization for whom the community service is to be performed has agreed to its performance.

[omitted (10)]

YCJA (CanLII), (DOJ)


Note up: 54(7), (8) and (9)