Marginal note:Limit on conditions — payment of amount
53 (1) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to pay, if they fail to attend court as required, an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).
Marginal note:Limit on conditions — deposit of money or other security
(2) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to deposit, if they fail to attend court as required, an amount of money or other valuable security in an amount or value that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).
Marginal note:Money or other valuable security as fine deposit
(3) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards convicted in the proceeding, the money or valuable security shall
(a) be applied on account of the fine and fees imposed; and
(b) to the extent that its amount or value exceeds the amount of the fine and fees imposed, be returned to the defendant.
Marginal note:Return of money or other valuable security
(4) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards acquitted in the proceeding, the money or valuable security shall be returned to the defendant.
- 1992, c. 47, s. 53
- 1996, c. 7, s. 32
- 1999, c. 25, s. 28
- 2019, c. 25, s. 398
- Date modified: