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AR 92/99 FINE OPTION ORDER

(Consolidated up to 129/2018)

ALBERTA REGULATION 92/99

Corrections Act
Criminal Code (Canada)

FINE OPTION ORDER

Table of Contents

                1      Definitions

                2      Establishment of program

                3      Application to participate in program

                4      Exceptions


                5      Work

                6      Credits for work

                7      Delegation

                8      Repeal

              10      Coming into force

Definitions

1   In this Order,

                               (a)    “applicant” means an offender who applies to participate in the fine option program;

                              (b)    “Chief Executive Officer” means the Chief Executive Officer under the Corrections Act;

                               (c)    “fine option program” means the program established under section 2;

                              (d)    “offender” means a person, including a young person under the Youth Criminal Justice Act (Canada), other than a corporation, who is convicted of or pleads guilty to an offence;

                               (e)    “work” means volunteer work referred to in section 5.

AR 92/99 s1;100/2010

Establishment of program

2   The Lieutenant Governor in Council hereby establishes a fine option program under which an offender against whom a fine is imposed in respect of an offence may, whether or not the offender is serving a term of imprisonment imposed in default of payment of the fine, discharge the fine in whole or in part by earning credits for work performed during a period not greater than 2 years.

Application to participate in program

3   An offender against whom a fine has been imposed may apply to the Chief Executive Officer to participate in the fine option program.

Exceptions

4   The Chief Executive Officer may refuse to allow an applicant to participate in the fine option program if the Chief Executive Officer is of the opinion that

                               (a)    the applicant may not be able to or may not be inclined to successfully participate in the fine option program,

                              (b)    work that is suitable for the applicant is not available, or

                               (c)    the applicant’s presence will or may be detrimental to the organization or a person associated with the organization for whom the work is to be carried out.

Work

5   Only volunteer work that is acceptable to the Chief Executive Officer is eligible as work that may be performed under the fine option program.

Credits for work

6(1)  In this section, “minimum wage” means the hourly minimum wage established under the Employment Standards Code.

(2)  Where an offender performs work under the fine option program, an amount equal to the minimum wage in effect on the date of performance shall be credited for each hour of work performed toward the outstanding amount owing by that offender on the fine.

(3)  Where an offender performs work for a portion of an hour, the amount credited toward that offender’s outstanding fine for the portion of the hour worked shall be an amount that bears the same ratio to the minimum wage in effect on the date of performance as the portion of the hour worked bears to one full hour.

Delegation

7(1)  The Chief Executive Officer may authorize

                               (a)    an employee of the Government of Alberta, or

                              (b)    a person providing services on behalf of the Government of Alberta,

to carry out any duty or function that the Chief Executive Officer may carry out under this Order.

(2)  An authorization given under subsection (1) may be made so that it is of general application or applies to one or more specific situations.

(3)  Notwithstanding that an authorization is made under this section, the Chief Executive Officer may carry out any duty or function that another person has been authorized to carry out under this Order.

Repeal

8   The Fine Option Order (AR 368/91) is repealed.

9   Repealed AR 129/2018 s2.

Coming into force

10   This Regulation comes into force on May 1, 1999.