Marginal note:Determination by court
62 (1) The court before which an offender arrested in execution of the warrant is brought shall determine whether the offender is unwilling though able to pay the fine.
Marginal note:Committal of offender
(2) The court may, where it determines that the offender is unwilling though able to pay the fine, issue a warrant for the committal of the offender in Form 8 of Part XXVIII of the Criminal Code, varied to suit the case,
(a) for the committal of the offender to open custody, as defined in subsection 24.1(1) of the Young Offenders Act, for one day, if the offender is a young person; or
(b) for the committal of the offender during the term determined by the court, if the offender is not a young person.
Marginal note:Other discharge of fine
(3) A court that determines that an offender is willing to pay the fine though unable to pay it may
(a) order that the fine be discharged by earning credits for work performed during a period not exceeding two years in a program referred to in section 736 of the Criminal Code; or
(b) extend the time for payment of the fine by ordering periodic payments or otherwise.
- 1992, c. 47, s. 62
- 1995, c. 22, s. 17
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