Probation is one of the most common sentences imposed in Ontario criminal courts. It generally involves a period during which a person must follow specific conditions in the community, rather than, or in addition to, another form of sentence. This guide explains, in general terms, how probation fits into Canadian sentencing law, what conditions typically apply, and how long a probation order can last. It is general information only and does not replace legal advice about a specific case. For the broader sentencing framework, see our overview of criminal sentencing in Ontario.
What Is Probation?
Probation is a court order that requires a person to comply with specific conditions for a set period of time, generally while living in the community rather than in custody. It is imposed as part of a sentence following a guilty plea or a finding of guilt, and its general purpose is to support supervision, accountability, and, where appropriate, rehabilitation, while still allowing the person to remain in the community.
Probation is supervised by a probation officer, who monitors compliance with the conditions of the order and can report back to the court, or lay a new charge, if a condition is broken. How closely an individual case is supervised can vary depending on the specific conditions and the practices of the local probation office.
Probation With a Suspended Sentence
Under section 731(1)(a) of the Criminal Code, a court can suspend the passing of sentence and instead direct that the offender be placed on probation. This is sometimes described as a standalone probation order, since no separate fine or custodial sentence is imposed alongside it. This option is generally available where the court considers it to be in the best interests of the offender and not contrary to the public interest, and it is one way a court can respond to an offence without imposing a more restrictive sentence.
A suspended sentence with probation is different from a discharge. With a suspended sentence, a conviction is still formally registered; the court is suspending the passing of a further sentence in favour of a period of probation, rather than declining to register a conviction at all. Our page on sentencing generally touches on how discharges differ from other sentencing outcomes.
Probation Combined With Custody
Probation can also be ordered to follow a custodial sentence, under section 731(1)(b) of the Criminal Code, provided the custodial portion of the sentence is two years or less. In this situation, the probation order begins once the custodial sentence, or any applicable parole or statutory release period connected to it, has ended, and the person is then supervised in the community under the conditions of the order.
Probation is not available to follow a sentence of two years or more, since sentences at or above that threshold are served federally and any post-custody supervision in that context is instead addressed through the federal parole system rather than a probation order. Our page on custodial sentences explains the general provincial and federal custody split in more detail.
Compulsory Conditions
Every probation order includes certain conditions that the Criminal Code requires as a matter of course. These generally include keeping the peace and being of good behaviour, appearing before the court when required to do so, and notifying the court or the probation officer of any change of name, address, or employment. These baseline conditions apply regardless of the specific offence or the offender's circumstances.
Optional Conditions
Beyond the compulsory conditions, a court can add optional conditions tailored to the specific case. Common examples include reporting to a probation officer at specified times, remaining within a specified geographic area, abstaining from alcohol or drugs, participating in a treatment or counselling program, performing community service, and complying with a curfew. Optional conditions may also include no-contact provisions relating to a specific person, such as a complainant, or restrictions on attending certain places.
Which optional conditions are appropriate depends heavily on the offence and the individual circumstances of the case, including any submissions made by the Crown and defence at the sentencing hearing. This page does not suggest what conditions might apply in a specific case, since that determination is made by the sentencing judge based on the evidence before the court.
Every condition on a probation order, compulsory or optional, is legally binding. Reviewing the exact wording of an order carefully, and asking a lawyer or probation officer about anything unclear, is important, since a breach can lead to a separate criminal charge.
How Long a Probation Order Can Last
Under section 732.2 of the Criminal Code, a probation order cannot remain in force for more than three years from the date it comes into effect. Within that maximum, the specific length of a probation order in a given case is determined by the sentencing judge, taking into account the offence, any joint submission from the Crown and defence, and the individual circumstances involved. There is no fixed minimum length that applies to every case, and shorter probation orders are common for less serious matters.
Because statutory limits like this one can be the subject of amendment over time, anyone with questions about the exact duration of a specific probation order should confirm the current wording of the order directly, or ask a lawyer, rather than relying solely on general figures like the ones described here.
Reporting and Supervision
Many probation orders include a condition requiring the offender to report to a probation officer, either in person, by phone, or through other approved means, on a schedule set by the order or by the probation office. Reporting requirements can become less frequent over the life of an order as compliance is demonstrated, though this depends on local practice and the specific conditions imposed.
A probation officer's role generally includes monitoring compliance, connecting the offender with relevant community resources or programs where conditions call for them, and reporting concerns to the Crown if a breach appears to have occurred. Maintaining regular, honest communication with an assigned probation officer is generally in an offender's best interest.
Changing the Conditions of a Probation Order
In some circumstances, it may be possible to apply to vary the conditions of a probation order, for example if a change in employment or living circumstances makes a specific condition difficult to comply with. Whether a variation is available, and the process for requesting one, depends on the specific order and the court that imposed it. A lawyer can advise on whether this is a realistic option for a specific situation, and unilaterally deciding not to comply with a condition, rather than seeking a formal variation, carries real legal risk.
If Probation Is Breached
Failing to comply with a condition of a probation order can result in a separate criminal charge. Our page on breach of probation explains what this charge generally involves, including how it is classified and what penalties can apply. A breach can also affect how a court views an offender in any related or future proceeding, which is another reason careful compliance with every condition matters.
Completing a Probation Order
A probation order generally ends automatically once its full term has expired, provided its conditions have been followed. Successfully completing probation does not erase the underlying conviction, but it does mean the supervision and conditions attached to the sentence come to an end. Our overview of criminal records in Ontario explains how a conviction connects to broader questions about a criminal record going forward, and our page on record suspensions discusses options that may become available after a sentence, including any probationary period, has been completed.
Frequently Asked Questions
What is the maximum length of a probation order in Canada?
Under section 732.2 of the Criminal Code, a probation order cannot remain in force for more than three years. The specific length within that maximum is decided by the sentencing judge based on the case.
Can probation be combined with jail time?
Yes, probation can follow a custodial sentence of two years or less. It cannot follow a sentence of two years or more, since those sentences are served federally.
What happens if I miss a meeting with my probation officer?
This can potentially be treated as a breach of a reporting condition, depending on the circumstances. Contacting the probation officer as soon as possible to explain the situation is generally advisable, and a lawyer can advise on next steps if a breach is alleged.
Can the conditions of my probation order be changed?
In some circumstances it may be possible to apply to vary conditions. A lawyer can advise on whether this is realistic for a specific order rather than simply not complying with a condition.
Does probation show up on a criminal record?
Probation is a sentence, not a separate record in itself, but it generally follows a registered conviction, which can appear on a criminal record. See our overview of criminal records for more general information.
Is probation the same as a conditional sentence?
No. Probation generally involves conditions followed in the community, often alongside or after another sentence, while a conditional sentence allows certain sentences of imprisonment to be served in the community under strict conditions. See our page on conditional sentences for the distinction.
What are the standard conditions every probation order includes?
Every probation order generally requires keeping the peace and being of good behaviour, appearing in court when required, and notifying the court or probation officer of any change of name, address, or employment.