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Administration of Justice Criminal Code, s. 731, 732.1, 733.1 Hybrid

Failure to Comply with a Probation Order

Failing to comply with a probation order is a criminal offence of the Criminal Code and could land you in jail for two years.

Last reviewed: June 2026 Section: Criminal Code, s. 731, 732.1, 733.1 Classification: Hybrid
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Plain-Language Summary

Failure to Comply with a Probation Order: What Counts as a Breach

Failing to comply with a probation order means breaking court rules set after sentencing, without a reasonable excuse. The Crown must prove the order applied to you and that you failed or refused to follow it. The longest sentence is 4 years by indictment. On summary conviction, it is up to $5,000, 2 years less a day, or both.

What this offence is

A probation order is a court order made as part of a sentence. It requires a person to follow rules in the community for a set period of time. The order requires the person to keep the peace and be of good behaviour, and it can add other conditions.

"Failure to comply with a probation order" means being bound by a probation order and then failing or refusing to follow it, without a reasonable excuse. This is a separate criminal offence. The breach itself can lead to a new charge.

Common examples of what can lead to this charge include not reporting to a probation officer, not following a condition, or not notifying the court or probation officer in advance about a change in name or address, or promptly about a change in employment or occupation.

Failing to pay restitutionMoney ordered to repay a victim for specific losses. — money the court ordered a person to pay back — can also lead to being called back to court.

Legal source: Criminal Code section 733.1. How a probation order is made is addressed in section 731. Probation conditions are addressed in section 732.1.

What the prosecutor has to prove

"The Crown" is the prosecutor — the government lawyer who brings the charge. To convict you of failing to comply with a probation order, the prosecutor must prove, beyond a reasonable doubtThe standard that must be exceeded to find someone guilty, that:

  1. a probation order existed and applied to you; and
  2. you failed or refused to follow it without a reasonable excuse.
Legal source: Criminal Code section 733.1.

How long a probation order can last

A probation order cannot stay in force for more than three years. This is a limit on how long the order lasts. It is not a penalty for breaching the order.

Legal source: Criminal Code section 732.2(2)(b).

How this offence is prosecuted

Canada deals with criminal charges in two main ways:

  • Summary convictionUsed for lesser offences — the process used for less serious cases, with lower maximum penalties.
  • Indictable — the process used for more serious cases, with higher maximum penalties.

Failure to comply with a probation order is a hybrid offence, which means the prosecutor chooses which of those two ways to proceed. The maximum penalty is higher if the prosecutor proceeds by indictment.

Possible penalties

If prosecuted by indictment, the maximum penalty is 4 years in prison.

If prosecuted by summary conviction, the general summary-conviction penalty rules may apply unless another law provides otherwise. Under those general rules, the maximum is a fine of up to $5,000, jail of up to two years less a day, or both.

Because the breach is its own offence under section 733.1, it can lead to a new conviction and the penalties described above.

Legal source: Criminal Code section 733.1. The general summary-conviction figures come from Criminal Code section 787. Section 787 applies only where another law does not provide otherwise.

Where this offence fits

Failure to comply with a probation order is one of the Criminal Code offences that deals with the proper working of the justice system.

What the Crown Must Prove

To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.

Section 733.1

1

A probation order existed and applied to you

A probation order was in force and applied to you at the time.

2

You failed or refused to follow it without a reasonable excuse

You failed or refused to follow the probation order, and there was no reasonable excuse for not doing so.

A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.

Possible Penalties

These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.

Failure to comply — prosecuted by indictment

Indictment
Maximum (by indictment)
4 years
How it proceeds
Crown may proceed by indictment or summary conviction

Failure to comply — prosecuted by summary conviction

Summary conviction
Maximum (summary conviction)
Two years less a day
General summary rules (s. 787)
A fine of up to $5,000, jail of up to two years less a day, or both — unless another law provides otherwise

The fine and jail figures come from s. 787 (general summary-conviction penalties), which applies unless another law provides otherwise.

What these words mean
Indictable
The more serious way to prosecute an offence. It can carry higher maximum penalties.
Summary conviction
The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
Hybrid
An offence the Crown can prosecute either way — by indictment or by summary conviction.
Summary only
Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
Crown election
The Crown prosecutor’s choice of which way to proceed on a hybrid offence.

Possible Defences and Legal Issues

Failure to comply with a probation order — s. 733.1

Section 733.1 applies to an offender who is bound by a probation order and who, "without reasonable excuse," fails or refuses to comply with that order. Because "without reasonable excuse" is part of the offence, if there is evidence capable of raising a reasonable excuse, the Crown must prove beyond a reasonable doubt that the person failed or refused to comply without reasonable excuse.

What counts as a reasonable excuse depends on the exact probation order, the facts, and the evidence. This is general legal information, not legal advice.

Common Legal Terms

Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.

Reasonable doubt
Glossary entry →

The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."

Restitution
Glossary entry →

Restitution is a court order requiring an offender to pay money for specific losses caused by the offence, such as damaged property or financial loss. It is different from a fine, which is paid to the state.

Summary conviction
Glossary entry →

Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.

Legal sources

The official statute section(s) this page is based on. Always confirm against the official source before relying on it.

Government References

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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.

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Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.

This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.

Legal information, not legal advice

This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.

Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.