Fine Option Regulations

Regulation
Registration
R-031-97
Source
Official consolidation PDF (justice.gov.nt.ca)
Under
Fine Option Act

This is an unofficial reading copy parsed from the consolidation PDF. The authoritative text is the official PDF above.

  • s.1 amended by R-055-2006,s.2
  • s.2 amended by R-031-97,s.2,3
  • s.3 repealed by R-031-97,s.4
  • s.6 amended by R-037-2008,s.2
  • s.7 amended by R-037-2008,s.3
  • s.12 amended by R-031-97,s.5
  • s.12 amended by R-055-2006,s.3
  • s.15 amended by R-031-97,s.6
Contents
1. 1 2. 2 3. Repealed 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 SCHEDULE FORM ANNEXE
1.

In these regulations,

"completion date" means the date set by the court for the offender to have paid a fine imposed by the court; (date d'achèvement)

"court" means a court of competent jurisdiction; (tribunal)

"fine option program" means a program established by the Minister under subsection 2(1) of the Act; (programme de travaux compensatoires)

"offender" means an individual on whom a fine has been imposed by a court for an offence punishable on summary conviction, and includes a young person as defined in the Youth Justice Act and the Youth Criminal Justice Act (Canada); (contrevenant)

"placement" means a placement of an offender in a work option by an Assigning Agency. (placement) R.R.N.W.T. 1990,c.F-11(Supp.),s.2; R-055-2006,s.2.

Eligibility

2.

(1) An offender is eligible to participate in a fine option program if a court

(a) has imposed on the offender a fine not exceeding $2,000 for each charge; and

(b) has granted time to pay.

(2) Where an offender has appealed a fine imposed by the court, he or she shall not be eligible to participate in a fine option program

(a) until the court has disposed of the appeal; or

(b) the appeal has been abandoned.

(3) To participate in a fine option program an offender shall

(a) make an application to an Assigning Agency; and

(b) present a fine order issued by the court to the Assigning Agency before default.

R.R.N.W.T. 1990,c.F-11(Supp.),s.3; R-031-97,s.2,3.

3.

Repealed, R-031-97,s.4.

4.

Fines incurred in a jurisdiction other than the Territories are not eligible for settlement under a fine option program.

5.

A person who is eligible to participate in a fine option program and who is incarcerated and qualifies for participation in a temporary absence program may use the temporary absence to participate in a fine option program.

Fine Option Program

6.

A fine option program shall be structured in a manner so that

(a) it does not interfere with the obligations that an offender may have when receiving benefits under the Employment Insurance Act (Canada);

(b) it does not interfere with the work schedule of an offender who is gainfully employed;

(c) it does not interfere with the school schedule of an offender who is a student;

(d) it conforms to all safety regulations applicable in the Territories;

(e) it does not adversely affect employment opportunities in the community;

(f) it is beneficial to the community and, where possible, the results of the work option are visible to the community; and

(g) work options resemble ordinary employment in respect of punctuality, attendance and quality of performance.

R-037-2008,s.2.

7.

(1) The rate of credit for work performed in a fine option program, shall be the minimum hourly wage paid to an employee under the Employment Standards Act.

(2) All work performed in a fine option program shall be of equal value regardless of the tools, equipment or skills the offender may use to perform the work. R-037-2008,s.3.

8.

An offender is responsible for his or her meals, accommodation and transportation while participating

Assigning Agency

9.

(1) A contract entered into between an Assigning Agency and the Minister under section 5 of the Act shall set out

(a) the name of the person responsible for the administration and daily operation of the fine option program;

(b) the fee to be paid by the Minister to the Assigning Agency for each placement;

(c) the documentation that the Assigning Agency shall provide to the courts and to the Fine Option Supervisor; and

(d) any other criteria, duty or responsibility that the Assigning Agency shall meet or perform in the operation of the fine option program.

(2) Only one fee shall be paid for the placement of each offender, unless the Fine Option Supervisor has given prior written approval for another placement.

(3) The fee for a placement shall be paid at the conclusion of the work option on receipt by the Fine Option Supervisor of the documentation required under the terms of the contract and under these regulations.

10.

An Assigning Agency shall

(a) purchase public liability insurance to cover its acts or omissions or those of an offender participating in a work option before signing a contract referred to in section 9 and attach proof of the insurance to the contract;

(b) recruit, train and supervise the staff of the fine option program;

(c) notify the Fine Option Supervisor of any change in the staff who are administering the fine option program;

(d) ensure supervision of the offender while he or she is participating in a work option;

(e) maintain accurate daily time records of the work performed by an offender; and

(f) maintain adequate files and accounts to document the fine option program and make these files and accounts available to the Fine Option Supervisor for audit purposes.

11.

(1) Where an offender has complied with section 2, an Assigning Agency shall register the offender in a fine option program and assign him or her to a work option.

(2) An Assigning Agency shall not, without the prior written approval of the Fine Option Supervisor, register an offender who

(a) is an employee of the Assigning Agency; or

(b) is an immediate relative of an employee of the Assigning Agency.

(3) The Assigning Agency shall notify the court in writing of the registration of an offender in a fine option program.

(4) The notice in subsection (3) shall contain the date of registration in the fine option program and the expected date of completion of the work option.

12.

(1) Subject to subsection (4), an offender may request the court to extend the completion date where

(a) due to being gainfully employed, the offender was unable to complete the number of hours required to pay off the fine before the completion date;

(b) the work option to which the offender was assigned ran in excess of the completion date;

(c) the Assigning Agency was unable to arrange a fine option program of sufficient duration;

(d) the offender was ill and has obtained a medical certificate affirming the illness; or

(e) the offender has been incarcerated after the imposition of the fine.

(2) A representative of the Assigning Agency, a probation officer or a youth worker appointed under the Youth Justice Act shall request an extension of the completion date on behalf of an offender if

(a) the offender requests the intervention; and

(b) at least one of the criteria set out in subsection (1) is satisfied.

(3) Where an extension is refused, the court shall immediately notify the Assigning Agency named in the fine order of the refusal.

(4) This section does not apply to a young person convicted under the Youth Criminal Justice Act (Canada). R.R.N.W.T. 1990,c.F-11(Supp.),s.4; R-031-97,s.5; R-055-2006,s.3.

13.

An Assigning Agency shall report to the Fine Option Supervisor that an offender

(a) has not maintained a satisfactory attendance record;

(b) does not perform in a satisfactory manner;

(c) has withdrawn voluntarily from the program; or

(d) fails or refuses to observe the terms and conditions of the program.

14.

(1) The transfer from one Assigning Agency to another Assigning Agency within the Territories may be permitted where

(a) the offender requests the transfer;

(b) the transfer will facilitate the settlement of the fine; and

(c) both Assigning Agencies consent to the transfer.

(2) The Assigning Agency from which an offender is being transferred shall notify the court of the transfer.

15.

(1) When an offender has completed the work option, an Assigning Agency shall file with the court a Fine Settlement Summary form, as set out in Form 1 of the Schedule, declaring the number of hours worked and the amount to be credited towards the fine.

(2) The court shall credit the amount in the Fine Settlement Summary form against the fine due in the same manner as a cash payment. R-031-97,s.6.

SCHEDULE

FORM

FINE SETTLEMENT

Surname Given

NAME OF OFFENDER:

ADDRESS:

NAME OF JUDGE/JUSTICE OF THE PEACE:

Day/Month/Year

DATE OF FINE:

CONVICTION: $

OFFENCE(S):

FINE OPTION ASSIGNING AGENCY COMPLETES:

Hours Type of Work Name and Address of Work Worked (specific)

TOTAL HOURS X MINIMUM WAGE ($

ANNEXE

FORMULE

RÉSUMÉ DU RÈGLEMENT

NOM DU Nom Prénom

CONTREVENANT :

ADRESSE :

NOM DU JUGE OU DU JUGE DE PAIX :

jour/mois/année

DATE DE LA AMENDE :

CONDAMNATION : $

INFRACTION(S) :

DOIT ÊTRE REMPLI PAR L’ORGANISME D’ACCUEIL

Nom et adresse de l’organisme Genre de Nombre responsable(s) du placement travail d’heures (préciser) de travail

NOMBRE D’HEURES X SALAIRE MINIMUM

= . $ * I certify that the participant named above worked the number

(date)

NAME and ADDRESS of ASSIGNING AGENCY and AGENT:

IMPORTANT: IF BALANCE is other than zero (0), please explain.

R-031-97,s.7. J’atteste que le participant nommé ci-dessus a travaillé le nombre

(date)

NOM ET ADRESSE DE L’ORGANISME D’ACCUEIL

IMPORTANT : SI LE SOLDE n’est pas égal à zéro (0), veuillez expliquer :

R-031-97, art. 7.

Territorial Printer, Northwest Territories Yellowknife, N.W.T./2008©