Could you serve a sentence at home? Conditional sentences in Ontario

Sometimes. If the judge decides the right sentence is jail of less than two years, the Criminal Code allows that sentence to be served in the community, under conditions and a supervisor, instead of in custody. The community must not be endangered, the offence cannot carry a minimum jail term, and a list of serious offences, including sexual assault prosecuted by indictment, is excluded.

A conditional sentence is still a jail sentence; it is served differently. It is one of several possible endings to a criminal case in Ontario, and the rules changed again in 2026.

How does a conditional sentence come about, step by step?

There is no application form. A conditional sentence is argued for at the sentencing hearing, after a guilty plea or a finding of guilt. The hearing happens in the court that heard the case; for many Toronto cases, that is the Ontario Court of Justice at 10 Armoury Street. Our guide to the Toronto courthouse at 10 Armoury Street explains how that building works.

1. Plea or finding of guilt. The Ontario Court of Justice says a judge may sentence you right away or on a later date.
2. Information about you. The judge may order a pre-sentence report. A probation officer interviews you, people who know you and any victims, and the court says these reports usually take about six weeks. Our page on what a pre-sentence report covers explains the interview.
3. The sentencing hearing. The Crown and the defence each argue for a sentence. The Crown may file your criminal record and a victim impact statement.
4. The decision. If the judge settles on jail of less than two years and every condition in s. 742.1 is met, the judge may order it served in the community. Before doing so, the court must consider whether a firearms prohibition under s. 109 or 110 applies (s. 742.2).
5. The order is explained. The court must give you a copy, explain it, and take reasonable measures to make sure you understand (s. 742.3(3)).
6. Reporting. You report to a supervisor within two working days, unless the court allows longer, and then as the supervisor directs (s. 742.3(1)(c)).

When is a conditional sentence possible?

Section 742.1 of the Criminal Code, as amended in 2026, sets the conditions. All of them must be met:

Several of these depend on how the Crown proceeds, which is why the election between summary and indictable can matter at sentencing. Our page on what the Crown's choice changes explains that decision.

How does the judge decide?

The judge applies the purposes of sentencing in section 718: denouncing unlawful conduct, deterrence, separating offenders from society where necessary, rehabilitation, reparation, and promoting responsibility. A sentence must be proportionate to the gravity of the offence and the offender's degree of responsibility (s. 718.1). An offender should not be deprived of liberty if less restrictive sanctions may be appropriate (s. 718.2(d)), and all reasonable sanctions other than imprisonment should be considered, with particular attention to the circumstances of Indigenous offenders (s. 718.2(e)).

Information about your life and plans can be central to whether a judge considers a community sentence appropriate. Where there is no pre-sentence report, the Ontario Court of Justice suggests giving the judge information about your work, family and personal circumstances.

What conditions come with it?

Every conditional sentence order includes these compulsory conditions (s. 742.3(1)):

• keep the peace and be of good behaviour;
• appear before the court when required;
• report to a supervisor within two working days, or longer if the court directs, and afterwards as the supervisor requires;
• stay within the court's jurisdiction unless the court or supervisor gives written permission to leave; and
• notify the court or supervisor in advance of any change of name or address, and promptly of any change of job.

The court can add optional conditions (s. 742.3(2)), such as not drinking or using drugs, giving samples to check that, no contact with named people or places, no weapons, supporting dependants, up to 240 hours of community service over no more than 18 months, attending an approved treatment program, and other reasonable conditions for good conduct. The Criminal Code does not use the words "house arrest"; any requirement to stay at home would come from that last, general power (s. 742.3(2)(f)).

If your circumstances change, your supervisor can propose changes to the optional conditions, and you or the prosecutor can ask for a hearing within seven days of the notice (s. 742.4).

A person who does not understand the language of the proceedings has the right to an interpreter (Charter s. 14), and Ontario provides court interpretation in any language required in criminal matters. If Persian is your first language, our guide for Persian-speaking people charged in the GTA explains how the interpreter and a Farsi-speaking lawyer work together.

Can you travel or move during a conditional sentence?

Only with permission. The compulsory condition to stay within the court's jurisdiction means any trip outside it needs written permission from the court or the supervisor first (s. 742.3(1)(d)). That includes a family visit abroad, for example to Iran. Ask early, and carry the permission with you.

If you move to another territorial division, the court can, on the supervisor's application, transfer the order to a court there (s. 742.5).

What happens if a condition is breached?

The consequences can be serious, and the burden is on you. If the court is satisfied on a balance of probabilities that you breached a condition without reasonable excuse, and proving the excuse is up to you, it may (s. 742.6(9)):

The process itself has consequences. Once a breach allegation starts with a warrant, an arrest or an order to appear (s. 742.6(1)), the sentence stops counting down until the court decides (s. 742.6(10)). If you are not held in custody meanwhile, every condition still applies (s. 742.6(11)). If the allegation is withdrawn or dismissed, or you had a reasonable excuse, the suspended time is treated as time served (s. 742.6(15)).

Even where a breach is proven, the court can, in exceptional cases, count some of the suspended period as served (s. 742.6(16) and (17)). A new jail sentence for another offence also pauses the conditional sentence for as long as you are imprisoned on the other matter (s. 742.7(1)).

How is it different from jail, probation or a discharge?

A conditional sentence is a sentence of imprisonment after a conviction, served in the community. The other outcomes work differently.

Because a conditional sentence follows a conviction, it leaves a criminal record, while a discharge does not count as a conviction. Our guide to what each criminal case outcome means in Ontario compares them in more detail. Clearing the record later is a separate process, explained in our page on how long you must wait to apply for a record suspension.

Does a conditional sentence count as jail for immigration?

For one test, no. Under the Immigration and Refugee Protection Act, a permanent resident is inadmissible for serious criminality on a conviction for an offence with a maximum of at least 10 years, or where a term of imprisonment of more than six months has been imposed (IRPA s. 36(1)(a)). In Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50, the Supreme Court of Canada held that a conditional sentence is not a "term of imprisonment" for that provision.

That has limits. The 10-year test looks only at the offence's maximum, so a conditional sentence does not help where the maximum is 10 years or more. An offence the Crown could prosecute either way counts as indictable for this purpose, even if it proceeded summarily (IRPA s. 36(3)(a)).

The sentencing judge can also take immigration consequences into account. In R. v. Pham, 2013 SCC 15, the Supreme Court said a judge may consider them, provided the sentence stays proportionate to the gravity of the offence and the offender's degree of responsibility. Our page on how a conviction can affect permanent resident status sets out both tests. We advise on the criminal side; immigration advice should come from an immigration lawyer.

What changes the answer?

• Whether the Crown proceeds by indictment. Sexual assault, and sexual offences involving a victim under 18, are excluded only when prosecuted by indictment (s. 742.1(c.1) and (c.2)).
• A minimum jail term. Any offence with a minimum term of imprisonment rules out a conditional sentence (s. 742.1(b)). A second impaired driving offence, for example, carries a minimum of 30 days in jail (s. 320.19(1)).
• The length of the sentence. A conditional sentence is only possible where the court imposes imprisonment of less than two years (s. 742.1). If the fit sentence is two years or more, it is not an option.
• Risk to the community. The court must be satisfied that serving the sentence in the community would not endanger community safety (s. 742.1(a)).
• Firearms. The court must consider a weapons prohibition before ordering a conditional sentence, and a no-weapons condition does not replace one (s. 742.2).
• Immigration status. Immigration consequences may be weighed, within proportionality (Pham).

For example: the same sentence, two very different results

This is a hypothetical, not a real client or a result. Suppose a 40-year-old permanent resident who came to Toronto from Iran pleads guilty to taking just under $5,000 from her employer over several months. Theft of $5,000 or less carries a maximum of two years when prosecuted by indictment (s. 334(b)), so the 10-year test in IRPA s. 36(1)(a) is not met.

The Crown asks for nine months in jail. Served in custody, that is a term of imprisonment of more than six months, and she would be inadmissible for serious criminality. Her lawyer argues for the same nine months in the community: she has repaid part of the money, has no record and cares for two children. Under Tran, a nine-month conditional sentence is not a term of imprisonment for s. 36(1)(a).

The lawyer also puts the immigration consequences before the judge, as Pham allows, accepting that the sentence must stay proportionate. The judge may agree or may not; the point is that the argument had to be made at sentencing, with evidence.

What mistakes do people make with conditional sentences?

1. Calling it "house arrest" and assuming it is lenient. It is imprisonment served in the community, and a breach can send you to custody for the rest of it (s. 742.6(9)).
2. Arriving at sentencing with no plan. The judge must be satisfied the community is safe; letters, proof of work and a written plan are the evidence.
3. Travelling without written permission. Leaving the jurisdiction without written permission from the court or supervisor breaks a compulsory condition (s. 742.3(1)(d)).
4. Ignoring immigration status until after sentence. Jail of more than six months and a conditional sentence of the same length have different results under IRPA s. 36(1)(a).

What can you do this week?

1. Write down your sentencing date and courtroom, and confirm whether a pre-sentence report was ordered.
2. Gather proof of work or school, caregiving duties, counselling records and any steps taken to repair the harm.
3. Ask two or three people who know you well for letters, in English, or with a translation.
4. Tell your lawyer your immigration status, any planned travel and any family court case.
5. If you need an interpreter, tell your lawyer now so it can be requested before the hearing.

Frequently asked questions

Is a conditional sentence a criminal record?

Yes. It is a sentence imposed after a conviction, so the conviction is on your record. A discharge is different, because the person is deemed not to have been convicted (s. 730(3)).

Can I keep working during a conditional sentence?

The compulsory conditions do not stop you from working, but you must promptly tell the court or your supervisor about any change of job or occupation (s. 742.3(1)(e)). Optional conditions, such as community service, are set by the judge.

Is a conditional sentence available for impaired driving?

Not where a minimum jail term applies. Under s. 320.19(1), a second impaired driving offence carries a minimum of 30 days in jail and a third or later offence 120 days, which rules out a conditional sentence (s. 742.1(b)). Our page on impaired driving charges in Ontario explains the penalties.

What if I think the sentence was wrong?

A sentence can be appealed, but the deadline is short. Read how to appeal a criminal conviction or sentence in Ontario and speak with a lawyer quickly.

Does it matter which court my case is in?

The same sentencing law applies in the Ontario Court of Justice and the Superior Court. Our page on Superior Court criminal cases at 361 University Avenue explains that court in Toronto.

Getting help

Whether a conditional sentence is realistic is often decided before the judge speaks: by the Crown's election, the plea and the evidence at sentencing. Gambriani Law PC prepares sentencing submissions for clients in Toronto and across the GTA, in English and Farsi, from Suite 1901, 5000 Yonge Street in North York. You can reach the office at +1 647 970 3370, Monday to Friday, 9:00 a.m. to 5:00 p.m. No lawyer can promise a particular sentence.

This page is general information about Canadian sentencing law, not legal advice about your case.