Fines on Organizations

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 356-360

356 Post-trial Matters / Special Post-conviction Procedures / Fines

4.2(b)(ii) Fines on Organizations

Is the amount of the fine

otherwise prescribed by law?1

YesNo

The court may impose a fine in

the prescribed range2

If the oender defaults, the fine may be filed and

enforced as a civil judgment3

Summary

conviction Of what type of oence has the

organization been convicted?

Indictable

The court

may impose

a fine of up to

$100,0002

The court

may impose

a fine of any

amount2

When an organization is convicted of an oence, the principal means of pun-

ishing it is to impose a ne. The Criminal Code, RSC 1985, c C-46 [Code] contains

a special provision, s 735(1), for ning organizations, which diers markedly

from its provisions for ning individuals. It also contains, alongside the vari-

ous principles of sentencing outlined in ss 718.1 and 718.2, a list of additional

factors that the courts may take into account when sentencing organizations:

s 718.21. The meaning of “organization,” dened in s 2, is broad, including not

only specic, named entities like corporations, partnerships, trade unions,

and municipalities, but also any “association of persons” that is “created for

a common purpose,” possesses an “operational structure,” and “holds itself

out to the public as an association of persons.” It is important not to confuse

organizations, as dened in s 2 and discussed herein, with criminal organiza-

tions, as dened in s 467.1(1). The former are entities set up to conduct lawful

activities (like a business corporation), though in doing so, they may break the

law from time to time. The latter are groups established to commit crimes.