National Fine Recovery Program
Fine Recovery Process
If the accused is found guilty or pleads guilty, the prosecutor and the accused will propose a sentence, and the judge will decide the sentence and impose it. This may include issuing a fine to the accused who was found guilty as provided by law. The accused will be informed of the time period in which the fine must be paid. If they fail to do so, they are considered in default of paying that fine. It is at this point that the role of the National Fine Recovery Program (NFRP) begins.
Stage 1: Government Programs
NFRP collaborates with other government departments to help recover unpaid federal fines. For example, the Refund Set-off program administered by the Canada Revenue Agency, allows tax refunds and eligible credits payable to individuals to be applied against debts these individuals owe to the Crown. The NFRP also works with the Department of Fisheries and Oceans to manage fishing licenses for individuals who are in default of payment of a federal fine.
Stage 2: External Partners
The NFRP works with private organizations to help recover unpaid fines. Credit Bureaus give the NFRP valuable information regarding fine defaulters and private collection agencies reach out to these individuals to arrange payment.
Stage 3: Legal Procedures
On more complex and larger fines ordered against individuals and companies, the NFRP may undertake civil litigation under section 734.6 of the Criminal Code. This may include deducting money from wages and/or other income sources, seizure of bank accounts or other financial holdings, lien on properties, as well as the seizure and sale of property or assets to recover the value of unpaid fines. If these measures are unsuitable and the defaulter has no valid excuse for refusing to pay the fine, the defaulter may face jail time.
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