Youth Criminal Justice Act (S.C. 2002, c. 1)

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

Marginal note:Review of order made under section 51
  •  (1) A youth justice court may, on application, review an order made under section 51 at any time after the end of the period set out in subsection 119(2) (period of access to records) that applies to the record of the offence that resulted in the order being made.

  • Marginal note:Grounds

    (2) In conducting a review under this section, the youth justice court shall take into account

    • (a) the nature and circumstances of the offence in respect of which the order was made; and

    • (b) the safety of the young person and of other persons.

  • Marginal note:Decision of review

    (3) When a youth justice court conducts a review under this section, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard,

    • (a) confirm the order;

    • (b) revoke the order; or

    • (c) vary the order as it considers appropriate in the circumstances of the case.

  • Marginal note:New order not to be more onerous

    (4) No variation of an order made under paragraph (3)(c) may be more onerous than the order being reviewed.

  • Marginal note:Application of provisions

    (5) Subsections 59(3) to (5) apply, with any modifications that the circumstances require, in respect of a review under this section.

Marginal note:Funding for victims
  •  (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), 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.

  • Marginal note:Victim fine surcharge

    (2) If the lieutenant governor in council of a province has not made an order under subsection (1), a youth justice court that imposes a fine on a young person under paragraph 42(2)(d) 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.

Marginal note:Where a fine or other payment is ordered
  •  (1) The youth justice court shall, in imposing a fine under paragraph 42(2)(d) or in making an order under paragraph 42(2)(e) or (g), have regard to the present and future means of the young person to pay.

  • Marginal note:Discharge of fine or surcharge

    (2) A young person on whom a fine is imposed under paragraph 42(2)(d), including any percentage of a fine imposed under subsection 53(1), or on whom a victim fine surcharge is imposed under subsection 53(2), 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.

  • Marginal note: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.

  • Marginal note: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), 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.

  • Marginal note: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), 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.

  • Marginal note:Consent of person to be compensated

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

  • Marginal note:Orders under paragraph 42(2)(h), (i) or (m)

    (7) No order may be made under paragraph 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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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), allow further time for the completion of the sentence subject to any regulations made under paragraph 155(b) and to any rules made by the youth justice court under subsection 17(1).