Fine Option Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.F-5
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by An Act to Amend the Victims of Crime Act in force Feb. 1, 2016 (SI-009-2015)
- s.2 amended by An Act to Amend the Victims of Crime Act in force Feb. 1, 2016 (SI-009-2015)
- s.5 amended by An Act to Amend the Victims of Crime Act in force Feb. 1, 2016 (SI-009-2015)
- s.6 amended by S.N.W.T. 2003,c.31,s.91 in force April 1, 2004 (SI-003-2004)
Definitions
1.In this Act,
"Assigning Agency" includes a community agency, band council, service club, church group, inmate self- help organization, council of a municipality and any other group or individual designated as an Assigning Agency under section 4; (organisme d’accueil)
"Fine Option Supervisor" means the person appointed as Fine Option Supervisor under section 3; (surveillant du programme de travaux compensatoires)
"surcharge" means a surcharge
(a) imposed under the Criminal Code by a court of competent jurisdiction, or
(b) imposed by a court of competent jurisdiction following a conviction for an offence under an enactment; (montant supplémentaire)
"work option" means the act of participating in community service work as an alternative to incarceration for failure to pay
(a) a fine for a summary conviction offence, or
(b) a surcharge that has been imposed by a court of competent jurisdiction. (travaux compensatoires)
Fine option program
2.(1) The Minister shall establish a fine option program providing work options to a person who is subject to a fine for a summary conviction offence or to a surcharge, to allow that person to discharge all or any part of the fine or surcharge by means of a work option.
(2) The fine option program may be established in all or any part of the Territories, at the discretion of the Minister. S.N.W.T. 2015,c.34,s.4(3).
Appointment of Fine Option Supervisor
3.A Fine Option Supervisor shall be appointed by the Minister.
Designation of Assigning Agencies
4.The Minister may designate Assigning Agencies.
Agreements
5.The Minister may enter into an agreement with an Assigning Agency for the purpose of providing work options for those persons
(a) who have been sentenced to a fine for a summary conviction offence and given time to pay as shown on the fine order made by a court of competent jurisdiction; or
(b) who have been required by a court of competent jurisdiction to pay a surcharge.
Definition of "Territorial director"
6.(1) In subsection (6), "Territorial director" means the Territorial director as defined in the Youth Justice Act.
(2) Where a convicted person elects to enter into the fine option program and fails or refuses to observe the terms and conditions of the program, the right of the convicted person to continue in the program shall be terminated by the Fine Option Supervisor.
(3) Where the right of a convicted person to continue in the fine option program has been terminated, the convicted person shall be informed of this decision immediately and may appeal to the Minister within five days of the termination.
(4) The Minister shall consider the appeal and render a decision in writing to the convicted person and the Fine Option Supervisor within 10 days of the receipt of the appeal.
(5) The decision of the Minister is final.
(6) If
(a) no appeal is made under subsection (3), or
(b) the Minister upholds the termination of the right of the convicted person to continue in the fine option program by the Fine Option Supervisor under subsection (2),
a justice may issue a warrant for the arrest of the convicted person unless the convicted person is a young person, in which case the Fine Option Supervisor shall inform the Territorial director of the termination. S.N.W.T. 2003,c.31,s.91.
Regulations
7.The Commissioner, on the recommendation of the Minister, may make regulations
(a) concerning the form and content of agreements with Assigning Agencies for the purpose of providing work options for persons who have defaulted in payment of fines for summary conviction offences or surcharges that a court of competent jurisdiction has ordered them to pay;
(b) prescribing guidelines for and terms and conditions of the fine option program;
(c) concerning the amount or rate of credits to be applied against fines;
(d) concerning provisions for dealing with convicted persons who, because of physical or mental disability, are unable to perform normally in the fine option program;
(e) concerning any other matter that is necessary for the proper administration of this Act; and
(f) concerning any liability insurance coverage. 2015,c.34,s.4(5).
Yellowknife, N.W.T.