Fines on Organizations

AuthorSteve Coughlan/Alex Gorlewski
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
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
conviction Of what type of oence has the
organization been convicted?
The court
may impose
a fine of up to
The court
may impose
a fine of any
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.

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