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Criminal Code of Canada , section: 255 (1)

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Penalties/Suspension on Conviction, Prohibition, Minimum Fine/Jail

255. (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

(i) for a first offence, to a fine of not less than six hundred dollars,

(ii) for a second offence, to imprisonment for not less than fourteen days, and

(iii) for each subsequent offence, to imprisonment for not less than ninety days;

(b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and

(c) where the offence is punishable on summary conviction, to imprisonment for a term not exceeding six months.

Effective July 2, 2008 the minimum punishment section is amended as follows:

(i) for a first offence, to a fine of not less than $1,000,

(ii) for a second offence, to imprisonment for not less than 30 days, and

(iii) for each subsequent offence, to imprisonment for not less than 120 days;

Effective July 2, 2008 the maximum punishment on summary conviction is raised from 6 months to 18 months:

(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.

Comments : Effective July 2, 2008: Minimum fine on first offence $1000, Minimum 30 days in jail (may be intermittent/weekends) on second offence, Minimum 120 days in jail (may not be intermittent/weekends)on third offence.

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