Probation is one of the most widely used sentencing tools in Canada. It allows individuals found guilty of a crime to remain in the community under supervision, often instead of serving a custodial sentence.
Although it’s common, probation remains widely misunderstood. What are the rules? What happens if you break them? Can you travel? Can you go to jail for a breach?
Under Section 732.2 of the Criminal Code, a judge can issue a probation order on a person who has been convicted of a criminal offence. It might be part of a suspended sentence, a conditional discharge, a term alongside a conditional sentence order, or even imposed to begin after a short jail sentence. Regardless of the form, probation imposes real obligations, with real consequences.
This article explains how probation in Canada works, including what it requires, how long it can last, and what you risk if you breach it.
What Is Probation in Canada?
Probation is a supervised community sentence. It allows a person to avoid, reduce, or delay time in custody. It can also be imposed after part of a sentence has been served or in place of jail altogether.
But it’s not a blank cheque. Once the court imposes a probation order, the individual must comply with court imposed terms. These conditions are monitored by a probation officer. Non-compliance can result in a new criminal charge or the loss of any remaining community-based privileges.
Probation is not the same as parole. Parole is when an individual is released from custody early, when they are serving a jail sentence that is two years or longer. Probation, on the other hand, is meant to be a rehabilitative sentencing tool imposed by a judge that allows a person to stay in their community.
Some common sentencing outcomes that include probation are:
- A conditional discharge
- A suspended sentence
- A conditional sentence order, which is served in the community under restrictions
How Long Does Probation Last?
The maximum term is three years. Many orders are shorter, but the duration depends entirely on the circumstances surrounding the offence, the person’s background, and the sentencing judge’s view of what is necessary for accountability and public safety.
In some cases, probation is ordered following a discharge. In others, it’s layered on top of a sentence that’s partially served in custody. And yes, a second probation order can be issued if a person reoffends and is sentenced again.
While probation is an alternative to incarceration, it can quickly become a multi-year legal obligation with serious consequences.
What Conditions Can Be Imposed?
A probation order comes with conditions,some of which are mandatory, while others are up to a judge’s discretion.
Mandatory conditions (included in every order):
- Keep the peace and be of good behaviour
- Attend court as required
- Inform the court or your probation officer of any change in name, address, or employment
These are non-negotiable. Violate any of them, and you’re in breach.
Optional conditions (tailored to the case):
- Report to a probation office at times specified in the order
- Do not possess or consume alcohol, drugs, or both
- Stay away from specific individuals
- Attend counselling, treatment, or other programs
- Complete a designated number of community service hours
- Do not go to certain areas unless granted permission by your probation officer
- Write a letter of apologyÂ
- Not to possess any weapons
- A curfew or house arrest
Optional conditions are based on the offence, the offender’s circumstances, and what the court deems desirable. In some cases, a crown attorney may recommend specific terms, but the decision ultimately rests with the judge.
What Happens If You Breach Probation?
If you breach probation conditions, you are committing a criminal offence.
Breaching probation doesn’t require committing a new substantive criminal offence. It might be as simple as missing an appointment, skipping a required class, or travelling without authorization. Even something that seems minor can lead to formal charges if it violates the order.
Here’s what a breach can trigger:
- A new criminal charge for the breach
- The original sentence being re-imposed, possibly with a custodial component
- A harsher sentence if you’re convicted of a subsequent offence
If the original charge was a summary conviction, a breach can result in up to two years less a day in jail. If tied to an indictable offence, the outcome could be even more serious, depending on how the breach occurred and what sentence the court may impose.
In some cases, a reasonable excuse may be accepted by the court—for example, if an emergency prevented compliance. But without clear documentation or legal advocacy, that argument is hard to make.
Can You Leave Canada While on Probation?
The simple answer, it’s complicated. Many probation orders do not prohibit you from leaving British Columbia or Canada, but almost all of them require that you report to a probation officer and that may not be possible to do remotely. In most cases, you are going to need the permission of your probation officer to travel.
If you have a compelling reason to leave, such as a medical situation or urgent family matter, you must apply for a travel exemption. That request can go through your probation officer, or in some cases, the court. But no travel should happen until it’s formally approved.
Is Probation Only for Adults?
No. Young offenders may be placed on probation too, though the conditions are guided by the Youth Criminal Justice Act. While the structure may differ slightly, the intent is the same: accountability, supervision, and support within the community.
Breaches are taken seriously in youth cases as well. They can result in escalated consequences or further involvement with the justice system.
What’s the Difference Between Probation and Parole?
Probation is a sentence. It’s imposed by a judge in open court, often as an alternative to jail. Granting parole is a form of conditional release after serving part of a prison sentence.
Parole is overseen by the Parole Board of Canada and managed by parole officers, not probation officers. It’s not part of the sentencing hearing; it comes later, usually when a person has shown that they’re eligible for early reintegration.
Are IRPs or ADPs the Same as Probation?
They’re not. Immediate Roadside Prohibitions (IRPs) and Administrative Driving Prohibitions (ADPs) are issued under B.C.’s Motor Vehicle Act. They are administrative, not criminal, and can be issued by police without a court proceeding.
That said, these prohibitions still carry serious consequences:
- Loss of your licence
- Vehicle impoundment
- Mandatory enrolment in the Responsible Driver Program
- Installation of an Ignition Interlock Device
- Insurance implications and fines
Importantly, these penalties may be issued even if no criminal charge is laid. And if there is a criminal charge, the IRP or ADP runs alongside. The deadline to dispute an IRP or ADP is short (seven days).Â
For more on this topic, visit our guide on Immediate Roadside Prohibitions in B.C..
