• Marginal note:Minimum punishment

  (1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.

Marginal note:Prohibition order

• 380.2 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection 380(1), the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person.

• Marginal note:Duration

  (2) The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment.

• Marginal note:Court may vary order

  (3) A court that makes an order of prohibition or, if the court is for any reason unable to act, another court of equivalent jurisdiction in the same province, may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances.

• Marginal note:Offence

  (4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

Marginal note:Court to consider restitution order

• 380.3 (1) When an offender is convicted, or is discharged under section 730, of an offence referred to in subsection 380(1), the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, shall consider making a restitution order under section 738 or 739.

• Marginal note:Inquiry by court

  (2) As soon as practicable after a finding of guilt and in any event before imposing the sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses, the amount of which must be readily ascertainable.

• Marginal note:Adjournment

  (3) On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses, if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

• Marginal note:Form for victims

  (4) Victims may indicate whether they are seeking restitution by completing Form 34.1 in Part XXVIII or a form approved for that purpose by the Lieutenant Governor in Council of the province where the court has jurisdiction or by using any other method approved by the court, and, if they are seeking restitution, shall establish their losses, the amount of which must be readily ascertainable, in the same manner.

• Marginal note:Reasons

  (5) If a victim seeks restitution and the court decides not to make a restitution order, it shall give reasons for its decision and shall cause those reasons to be stated in the record.

Marginal note:Community impact statement

• 380.4 (1) For greater certainty, for the purpose of determining the sentence to be imposed on an offender, or whether the offender should be discharged under section 730, in respect of an offence referred to in subsection 380(1), the court may consider a statement made by a person on a community’s behalf describing the harm done to, or losses suffered by, the community arising from the commission of the offence.

• Marginal note:Procedure

  (2) The statement must

  • (a) be prepared in writing and filed with the court;

  • (b) identify the community on whose behalf the statement is made; and

  • (c) explain how the statement reflects the community’s views.

• Marginal note:Copy of statement

  (3) The clerk of the court shall provide a copy of the statement, as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.

Canada,

Province of ............,

(territorial division).

To the court that is sentencing (name the offender) who was convicted, or was discharged under section 730 of the Criminal Code, of an offence referred to in subsection 380(1) of that Act.

I, (name of declarant), declare that (check the appropriate box):

• [ ] 

  (i) I am not seeking restitution for the losses I suffered as a result of the commission of the offence.
• [ ] 

  (ii) I am seeking restitution in the amount of $................. for the following losses I suffered as a result of the commission of the offence.

I declare that I have suffered the following losses as a result of the commission of the offence:

(Complete the following table if seeking restitution.)

I understand that the amount of my losses must be readily ascertainable by the court. For that purpose, I am responsible for providing the court with all necessary documents, including bills, receipts and estimates, in support of my claim for restitution.

Dated this ........ day of ............ 20........, at ............. .

.......................................

Signature of declarant