Fine Option Program Regulations, 1991, S-63.1 Reg 1

1 FINE OPTION PROGRAM, 1991 S-63.1 REG 1 The Fine Option Program Regulations, 1991 being Chapter S-63.1 Reg 1 (effective January 1, 1991) as amended by Saskatchewan Regulations 113/92, the Statutes of Saskatchewan, 1990-91, c.35, and by Saskatchewan Regulations 100/97 and 19/2014. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 S-63.1 REG 1 FINE OPTION PROGRAM, 1991 Table of Contents 1 Title 17 Change in completion date 2 Interpretation 18 Work placement 3 Non-application 19 Program director’s veto 4 Program continued 20 Fine settlement 5 Agreements 21 Fines of agency employees 6 Fine option agency 22 Fines of $1,000 or over 7 Person to administer program 23 Termination 8 Fine Option Program Co-ordinator 24 Transfers 9 Notice of fine 25 Responsibilities of work placement agencies 10 Registration in program 26 Records 10.1 Refusal of registration in program 27 Fee for service 10.2 Right to be heard 28 R.R.S. c.S-63 Reg 4 repealed 11 Repealed Appendix 12 Responsibilities of offender Form A Notice of Fine and Surcharge 13 Hours of work required Form B Offender’s Work Record 14 Court to be notified of registration 15 Completion date Form C Fine Settlement Form 16 Completion date unsatisfactory Form D Fine Option Program Registration Form 3 FINE OPTION PROGRAM, 1991 S-63.1 REG 1 CHAPTER S-63.1 REG 1 The Summary Offences Procedure Act, 1990 Title 1 These regulations may be cited as The Fine Option Program Regulations, 1991. Interpretation 2 In these regulations: (a) “Act” means The Summary Offences Procedure Act, 1990; (b) “chief executive officer” means the chief executive officer of a correctional facility or the designate of the chief executive officer; (c) “chief probation officer” means the chief probation officer, appointed pursuant to section 8 of The Corrections Act, or the designate of the chief probation officer; (d) “community service work” means an activity that: (i) is normally performed by volunteers and does not affect employment opportunities in the community; (ii) benefits non-profit organizations, Crown corporations, departments, ministries or other agencies of the Government of Canada, the government of Saskatchewan, municipalities or Indian bands; (iii) creates benefits visible in the community; (iv) involves the offender in working with other citizens rather than alone; and (v) does not include treatment or counselling; (e) “completion date” means the day on which an offender registered in the program is expected to settle the fine; (f) “correctional facility” means a correctional facility as defined in The Corrections Act; (g) “court” means the court that assessed the fine; (h) “default conviction notice” means a notice given to an offender pursuant to subsection 22(3), 32.61(6) or 32.63(6) of the Act; (i) Repealed. 11 Apr 2014 SR 19/2014 s3. (j) “fine” includes, with respect to the same offence: (i) a late payment charge imposed pursuant to subsection 28(1) of the Act; (ii) a surcharge imposed pursuant to section 10 of The Victims of Crime Act, 1995; and (iii) a victim surcharge imposed pursuant to section 737 of the Criminal Code; 4 S-63.1 REG 1 FINE OPTION PROGRAM, 1991 (k) “fine option agency” means an agency that enters into an agreement pursuant to section 5 to administer the program within a specified geographic area in Saskatchewan; (l) “Fine Option Program Co-ordinator” means the employee of the ministry designated by the minister as the Fine Option Program Co-ordinator; (l.1) “fine option program registration form” means a Fine Option Program Registration Form substantially in the form set out as Form D of the Appendix; (m) “fine settlement form” means a Fine Settlement Form substantially in Form C of the Appendix; (n) “immediate relative” with respect to a person: (i) means that person’s legal spouse, son, daughter, mother, father, brother, sister, aunt, uncle, cousin, niece, nephew, grandfather or grandmother; and (ii) in the case of a person who does not have a legal spouse, includes another person with whom the first person has lived for at least three months and manifested an intention of continuing to live together as husband and wife even though they are not married; (o) Repealed. 6 Nov 92 SR 113/92 s3. (o.1) “ministry” means the ministry over which the minister presides; (p) “notice of fine” means a Notice of Fine and Surcharge substantially in Form A of the Appendix; (q) “offender” means a person who has been convicted by a court in Saskatchewan of an offence against: (i) the Criminal Code, as amended from time to time; (ii) any other Act of the Parliament of Canada; (iii) an Act of the Legislative Assembly of Saskatchewan; (iv) a regulation made pursuant to any of the Acts mentioned in subclauses (i) to (iii); (v) a municipal bylaw; and includes a person who has been convicted pursuant to section 22 of The Summary Offences Procedure Act, 1990, but does not include a young person with respect to whom a disposition is made by a youth court in accordance with the Young Offenders Act (Canada), as amended from time to time; (r) “offender’s work record” means an Offender’s Work Record substantially in Form B of the Appendix; (r.1) Repealed. 12 Dec 97 SR 100/97 s3. (s) “program” means the Fine Option Program continued pursuant to section 4; (t) “program director” means the Director of the program in the ministry; 5 FINE OPTION PROGRAM, 1991 S-63.1 REG 1 (u) “work placement” means community service work assigned to an offender; (v) “work placement agency” means: (i) a corporation incorporated pursuant to The Non-profit Corporations Act, The Rural Municipality Act, 1989, The Urban Municipality Act, 1984 or the Indian Act (Canada), as amended from time to time, or a non-profit co-operative incorporated pursuant to The Co-operatives Act, 1989; or (ii) a department, ministry, corporation or agency of the Government of Canada or the government of Saskatchewan; that provides supervised community service work; (w) “young person” means a young person as defined in the Young Offenders Act (Canada), as amended from time to time; (x) “youth court” means a youth court as defined in the Young Offenders Act (Canada), as amended from time to time. 28 Dec 90 cS-63.1 Reg 1 s2; 6 Nov 92 SR 113/92 s3; 12 Dec 97 SR 100/97 s3; 11 Apr 2014 SR 19/2014 s3. Non-application 3 These regulations do not apply to any fine that is: (a) assessed against a corporation, company, society or association; or (b) ordered as a disposition by a youth court in accordance with the Young Offenders Act (Canada), as amended from time to time. 28 Dec 90 cS-63.1 Reg 1 s3. Program continued 4(1) For the purposes of section 5 of the Act and of section 718.1 of the Criminal Code, as amended from time to time, the Fine Option Program is continued. (2) Repealed. 12 Dec 97 SR 100/97 s4. 28 Dec 90 cS-63.1 Reg 1 s4; S.S. 1990-91 c35 s8; 6 Nov 92 SR 113/92 s4; 12 Dec 97 SR 100/97 s4. Agreements 5(1) The program director may: (a) designate fine option agencies; and (b) enter into agreements with fine option agencies; for the purpose of carrying out the program. (2) The agreements entered into pursuant to clause (1)(b) shall set out the duties of the fine option agency in accordance with these regulations. 28 Dec 90 cS-63.1 Reg 1 s5. 6 S-63.1 REG 1 FINE OPTION PROGRAM, 1991 Fine option agency 6 A fine option agency is responsible for: (a) the administration of the program in accordance with these regulations; and (b) developing and maintaining an adequate supply of work placements; in the geographic area it serves. 28 Dec 90 cS-63.1 Reg 1 s6. Person to administer program 7(1) A fine option agency, in consultation with the Fine Option Program Co- ordinator, shall assign the administration of the program to a person within the agency. (2) A fine option agency shall notify the Fine Option Program Co-ordinator immediately of a change in the person authorized to administer the program. (3) An agreement entered into pursuant to section 5 shall contain the name of: (a) the person who administers the program for the fine option agency; and (b) another person designated by the fine option agency who is to act as the assistant to or substitute for the person mentioned in clause (a). 28 Dec 90 cS-63.1 Reg 1 s7. Fine Option Program Co-ordinator 8 The Fine Option Program Co-ordinator shall: (a) provide instruction to fine option agencies respecting the procedures and regulations of the program; (b) monitor the operations of the fine option agencies; and (c) ensure that all parties have proper documentation so that the court is able to properly apply credits earned in the program. 28 Dec 90 cS-63.1 Reg 1 s8. Notice of fine 9 Where a court grants an offender a period in which to pay a fine, the court shall issue to the offender a notice of fine. 28 Dec 90 cS-63.1 Reg 1 s9. Registration in program 10(1) Subject to subsections (2) and (3), an offender who is issued a notice of fine or a default conviction notice may register in the program if, before the expiration of the time allowed for payment of the fine as set out in the notice of fine or default conviction notice, the offender: (a) appears before a fine option agency; and (b) presents the notice of fine or default conviction notice. 7 FINE OPTION PROGRAM, 1991 S-63.1 REG 1 (1.1) Subject to subsections (2) and (3), an offender who receives a letter of unpaid fine may register in the program if, before the due date set out in the letter, the offender: (a) appears before a fine option agency; and (b) presents the letter of unpaid fine. (2) No offender may be registered pursuant to subsection (1) or (1.1) where the fine is the subject of an appeal by the offender or the Crown. (3) Where an appeal is commenced after registration, the fine option agency shall immediately suspend the offender’s registration in the program until the result of the appeal is known. (4) Repealed. 12 Dec 97 SR 100/97 s5. (5) Repealed. 12 Dec 97 SR 100/97 s5. 28 Dec 90 cS-63.1 Reg 1 s10; 6 Nov 92 SR 113/92 s5; 12 Dec 97 SR 100/97 s5; 11 Apr 2014 SR 19/2014 s4. Refusal of registration in program 10.1(1) The Fine Option Program Co-ordinator may refuse to register an offender in the program where the offender has been previously registered in the program and the offender was terminated from the program pursuant to section 23. (2) Where the Fine Option Program Co-ordinator refuses to register an offender in the program pursuant to this section, the Fine Option Program Co-ordinator shall give written reasons for the Fine Option Program Co-ordinator’s decision to the offender and, with the reasons, notify the offender of the offender’s right to an opportunity to be heard pursuant to section 10.2. 12 Dec 97 SR 100/97 s6. Right to be heard 10.2(1) Where the Fine Option Program Co-ordinator refuses to register an offender in the program pursuant to section 10.1, the program director shall give the offender an opportunity to be heard, in writing, within 30 days from the date of notice of the decision. (2) After giving the offender an opportunity to be heard, the program director may: (a) confirm the refusal to register; or (b) register the offender in the program if the program director is satisfied that the offender will comply with the terms and conditions of the program and that it is in the public interest to register the offender. 12 Dec 97 SR 100/97 s6. 11 Repealed. 12 Dec 97 SR 100/97 s7. 8 S-63.1 REG 1 FINE OPTION PROGRAM, 1991 Responsibilities of offender 12 An offender who is registered in the program shall: (a) personally perform the work identified for the offender by the work placement agency; (b) ensure that his or her performance, having regard to quality, punctuality and attendance, is equivalent to that of a paid employee; (c) provide his or her own meals, accommodation and transportation during the period of the work placement; (d) where the offender is receiving unemployment insurance benefits or benefits under The Saskatchewan Assistance Act and the regulations made pursuant to that Act while participating in the program, keep himself or herself available for employment and make reasonable efforts to obtain work; (e) obey all lawful instructions of the work placement agency and the fine option agency; and (f) conduct himself or herself in accordance with the general standards of behaviour required of employees in a place of employment. 28 Dec 90 cS-63.1 Reg 1 s12; 12 Dec 97 SR 100/97 s8. Hours of work required 13(1) The number of hours of work required of an offender is determined by dividing the amount of the fine that the offender intends to settle by community service work through the program by the minimum wage per hour as established by the Minimum Wage Board appointed pursuant to The Labour Standards Act. (2) In the case of an offender mentioned in section 11, the number of hours of work required of the offender is calculated by: (a) dividing the total amount of the fine by the number of days of incarceration imposed by the court in default of payment of the fine; (b) multiplying the quotient obtained in clause (a) by the total of: (i) the total number of days of incarceration served by the offender; and (ii) the total number of days of remission earned by the offender pursuant to sections 6 and 7 of the Prisons and Reformatories Act (Canada), as amended from time to time; (c) deducting from the amount of the fine the product obtained in clause (b); (d) deducting from the balance obtained in clause (c) any portion of the fine paid in cash by or on behalf of the offender; and (e) dividing the balance obtained in clause (d) by the minimum wage per hour as established by the Minimum Wage Board appointed pursuant to The Labour Standards Act. (3) All work performed in the program is of equal value regardless of the tools, equipment or skills that the offender may use to perform the work. 28 Dec 90 cS-63.1 Reg 1 s13. 9 FINE OPTION PROGRAM, 1991 S-63.1 REG 1 Court to be notified of registration 14(1) Subject to subsection (2), the fine option agency shall, within two days after the date of registration of an offender, notify the court of the registration by sending to the court the fine option program registration form. (2) Repealed. 6 Nov 92 SR 113/92 s7. (3) The fine settlement form mentioned in subsection (1) is to: (a) be signed by the person in the fine option agency mentioned in subsection 7(1); (b) indicate the date of registration; (c) indicate the completion date of the community service work; (d) contain the name of the fine option agency; and (e) be mailed or delivered to the court. 28 Dec 90 cS-63.1 Reg 1 s14; 6 Nov 92 SR 113/92 s7. Completion date 15(1) Subject to subsection (2), for the purposes of establishing a completion date for an offender, the fine option agency shall consider: (a) the circumstances of the offender; (b) the supply of supervised community service work; and (c) the number of hours required to settle the fine. (2) Repealed. 6 Nov 92 SR 113/92 s8. (3) Repealed. 6 Nov 92 SR 113/92 s8. (4) Sections 16 and 17 do not apply to an offender mentioned in section 11. 28 Dec 90 cS-63.1 Reg 1 s15; 6 Nov 92 SR 113/92 s8. Completion date unsatisfactory 16 Where the court is not satisfied with the completion date, the court shall immediately notify the fine option agency and, where a satisfactory date cannot be agreed on, the agency shall immediately terminate the offender’s registration. 28 Dec 90 cS-63.1 Reg 1 s16. Change in completion date 17(1) Where a fine option agency considers it to be appropriate, it may make a request to the court to extend the completion date of an offender. (2) Where a fine option agency makes a request pursuant to subsection (1) and the court is satisfied that the offender has been unable, for a reason that the court considers valid, to complete the fine settlement by the completion date, the court may extend the completion date of the offender. 28 Dec 90 cS-63.1 Reg 1 s17. 10 S-63.1 REG 1 FINE OPTION PROGRAM, 1991 Work placement 18(1) The fine option agency shall: (a) select an appropriate work placement for the offender from a list of work placement agencies approved by the program director and verify the availability of the work activity and supervision; (b) inform the offender in writing of the starting time, the date, the location of the work placement, the number of hours required and the completion date; and (c) provide the work placement agency with necessary forms including the offender’s work record. (2) Except with the prior written approval of the Fine Option Program Co-ordinator, no fine option agency shall assign an offender, and no work placement agency shall accept an offender, if the offender is: (a) an employee, volunteer, or board member of the work placement agency; or (b) a person who, while working at the work placement agency, will be supervised by an immediate relative. 28 Dec 90 cS-63.1 Reg 1 s18; 6 Nov 92 SR 113/92 s9. Program director’s veto 19 Where the program director or the designate of the program director is not satisfied with the work placement arrangement for an offender, the director or designate may direct that an alternative work placement be arranged. 28 Dec 90 cS-63.1 Reg 1 s19. Fine settlement 20(1) On the termination of a work placement, the fine option agency is to receive from the work placement agency the offender’s work record showing: (a) the number of hours of work performed by the offender; (b) a description of the work activity; (c) where the work was done; and (d) the signature of the supervisor. (2) The fine option agency shall: (a) ensure that the information on the fine settlement form is complete; (b) calculate the credit to be applied to the fine; (c) clearly identify the fine option agency by name; and (d) sign the form. (3) A copy of the fine settlement form is to be distributed by the fine option agency to: (a) the court, as payment of the fine; (b) the offender, as a receipt; and (c) the Fine Option Program Co-ordinator; and a copy of the fine settlement form is to be retained on the fine option agency file. 11 FINE OPTION PROGRAM, 1991 S-63.1 REG 1 (4) The fine option agency shall ensure that the fine settlement form is received by the court within two weeks after the completion date and that it: (a) is signed and dated by the person in the fine option agency mentioned in subsection 7(1); and (b) contains the name of the responsible fine option agency. (5) The court shall credit the amount earned in the program against the amount of the offender’s fine in the same manner as a cash payment and, where the fine is partially settled, shall reduce any period of imprisonment on a pro rata basis. (6) Repealed. 6 Nov 92 SR 113/92 s10. (7) Repealed. 6 Nov 92 SR 113/92 s10. (8) Repealed. 6 Nov 92 SR 113/92 s10. (9) Repealed. 12 Dec 97 SR 100/97 s9. 28 Dec 90 cS-63.1 Reg 1 s20; 6 Nov 92 SR 113/92 s10; 12 Dec 97 SR 100/97 s9; 11 Apr 2014 SR 19/2014 s5. Fines of agency employees 21 Where an offender who has registered in the program is an administrator of a fine option agency: (a) the offender’s work placement requires the prior approval of the program director; and (b) the supervision and documentation of the offender’s work placement shall be done by a person who: (i) is a local elected official, including the mayor, reeve, band chief or designate of such a person, as the case may be, of the community where the offender is working under the program; and (ii) is not an immediate relative of the offender. 28 Dec 90 cS-63.1 Reg 1 s21. Fines of $1,000 or over 22 Where the total amount of all fines of an offender that are registered in the program is equal to or greater than $1,000: (a) the fine option agency shall advise the Fine Option Program Co-ordinator that the fines have been registered; (b) the fine option agency shall obtain the approval of the Fine Option Program Co-ordinator for the work placement; (c) the offender’s work record shall be submitted monthly to the Fine Option Program Co-ordinator by the fine option agency; and (d) the Fine Option Program Co-ordinator shall monitor the progress of the fine settlement. 28 Dec 90 cS-63.1 Reg 1 s22; 11 Apr 2014 SR 19/2014 s6. 12 S-63.1 REG 1 FINE OPTION PROGRAM, 1991 Termination 23(1) The fine option agency that placed an offender with a work placement agency may terminate the offender’s registration if: (a) the work done by the offender is, in the opinion of the fine option agency, unsatisfactory; (b) the offender fails to report to the work placement agency on the day on which the offender was required to report to it; (c) the offender voluntarily withdraws his or her registration; (d) the offender, in the opinion of the fine option agency, failed to obey the lawful instructions of the fine option agency; or (e) the offender, in the opinion of the fine option agency, failed to conduct himself or herself in accordance with the general standards of conduct required of employees in a place of employment. (2) A work placement agency that is selected by a fine option agency for an offender may terminate the offender’s participation at the work placement agency if: (a) the work done by the offender is, in the opinion of the work placement agency, unsatisfactory; (b) the offender fails to report to the work placement agency on the day on which the offender was required to report to it; (c) the offender voluntarily withdraws his or her registration; (d) the offender, in the opinion of the work placement agency, failed to obey the lawful instructions of the work placement agency; or (e) the offender, in the opinion of the work placement agency, failed to conduct himself or herself in accordance with the general standards of conduct required of employees in a place of employment. (3) Where an offender’s registration is terminated pursuant to subsection (1), the fine option agency shall ensure that all documentation is completed and forwarded to the appropriate persons in accordance with these regulations. (4) The fine option agency may reinstate an offender whose registration is terminated pursuant to subsection (1) if, in the opinion of the agency, the offender has a valid reason for not completing settlement of the fine when the offender is initially registered. (5) Repealed. 12 Dec 97 SR 100/97 s10. (6) Repealed. 12 Dec 97 SR 100/97 s10. (7) Repealed. 12 Dec 97 SR 100/97 s10. (8) Repealed. 6 Nov 92 SR 113/92 s11. (9) Repealed. 12 Dec 97 SR 100/97 s10. 28 Dec 90 cS-63.1 Reg 1 s23; 6 Nov 92 SR 113/92 s11; 12 Dec SR 100/97 s10. 13 FINE OPTION PROGRAM, 1991 S-63.1 REG 1 Transfers 24(1) An offender may transfer from one fine option agency to another in order to better effect settlement of the fine. (2) Repealed. 12 Dec 97 SR 100/97 s11. (3) Where an offender transfers pursuant to subsection (1), each fine option agency shall complete all of the documentation with respect to that offender and forward it to the appropriate persons in accordance with these regulations. (4) Documentation completed pursuant to subsection (3) shall bear the notation “Transferred from _________________________________________fine option agency to ________________________________________________________fine option agency on ______________________ / ___________________________ / __________________ ”. (year) (month) (day) 28 Dec 90 cS-63.1 Reg 1 s24; 6 Nov 92 SR 113/92 s12; 12 Dec 97 SR 100/97 s11. Responsibilities of work placement agencies 25 A work placement agency shall: (a) provide meaningful work for the offenders that the agency has agreed to accept for placement; (b) supervise and maintain daily records of the work performed by offenders; and (c) complete an offender’s work record for each offender placed at the work placement agency and return that documentation to the fine option agency no later than the completion date. 28 Dec 90 cS-63.1 Reg 1 s25. Records 26 Every fine option agency and every work placement agency shall make available to the program director or the program director’s designate its records, papers, documents or other file materials at reasonable times for the purpose of maintaining the proper administration of the program. 28 Dec 90 cS-63.1 Reg 1 s26. Fee for service 27(1) Subject to subsection (3), the ministry shall pay a fee for service of $40 to the fine option agency for each work placement made by the agency for each fine with respect to which an offender registers in accordance with these regulations. (2) Subject to subsection (3), the fee for service mentioned in subsection (1) is to be paid: (a) at the conclusion of the work placement; and (b) on receipt by the program director from the Fine Option Program Co-ordinator of a copy of the notice of fine, the offender’s work record and the fine settlement form from the fine option agency. 14 S-63.1 REG 1 FINE OPTION PROGRAM, 1991 (3) The fee for service for the administration of fines equal to or greater than $1,000 is: (a) $40 per month; and (b) payable on receipt by the program director of the information set out in subsection (2). (4) If an offender is transferred from one fine option agency to another, each fine option agency is entitled to the fee for service set out in this section. (5) A fee for service will be paid with respect to a second or subsequent placement or to a re-registration only if a reason is provided on the fine settlement form that, in the opinion of the program director, is a valid reason. 28 Dec 90 cS-63.1 Reg 1 s27; 6 Nov 92 SR 113/92 s13; 11 Apr 2014 SR 19/2014 s7. R.R.S. c.S-63 Reg 4 repealed 28 The Fine Option Program Regulations are repealed. 28 Dec 90 cS-63.1 Reg 1 s28. 15 FINE OPTION PROGRAM, 1991 S-63.1 REG 1 Appendix FORM A NOTICE OF FINE AND SURCHARGE 6 Nov 92 SR 113/92 s14. 16 S-63.1 REG 1 FINE OPTION PROGRAM, 1991 FORM B OFFENDER’S WORK RECORD 6 Nov 92 SR 113/92 s14. 17 FINE OPTION PROGRAM, 1991 S-63.1 REG 1 FORM C FINE SETTLEMENT FORM NOTICE OF FINE 6 Nov 92 SR 113/92 s14. 18 S-63.1 REG 1 FINE OPTION PROGRAM, 1991 FORM D FINE OPTION PROGRAM REGISTRATION FORM NOTICE OF FINE 6 Nov 92 SR 113/92 s14. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2014