C-25.1 - Code of Penal Procedure

Section 346 Disposition versions

1999-04-01

346. Where the defendant fails to honour his agreement to present himself to the collector, where it has not been possible to offer compensatory work or where the defendant refuses or neglects to carry out such work, and if the sums due have not been paid, the collector may apply to a judge for an order of imprisonment and a warrant of committal of the defendant.

Prior notice of the application shall be served on the defendant. The judge may, however, hear the application if it has not been possible to serve the prior notice on the defendant despite reasonable efforts to do so.

The collector shall, if the defendant is a person under 18 years of age, serve prior notice of the application on the person’s parents. If the parents have not been notified, the judge may proceed against the defendant or adjourn the hearing of the application on the conditions he determines, and order that prior notice be served on the parents.

1987, c. 96, a. 346; 1990, c. 4, s. 10.