Last Updated: August 22 2026
Can a criminal court order intermittent sentencing in Ontario and what are the eligibility requirements?
Intermittent sentencing is a court-ordered alternative to traditional jail where a person serves a sentence in short, scheduled intervals (like weekends) while staying in the community to work, attend school, or care for family in Ontario Under section 732 of the Criminal Code, it’s generally considered for sentences of 90 days or less and may require the person to be assessed as low-risk, have stable housing and a consistent work or school schedule, and agree to comply with conditions when not in confinement If you’re facing sentencing, DefendCharges.Lawyer can help you understand whether intermittent sentencing is available, how to argue for it, and what to expect from the process by calling (647) 977-5997 for a consultation.
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What is Intermittent Sentencing?
Intermittent sentencing is an alternative to traditional incarceration imposed upon accused persons convicted of criminal offences. It allows an accused person to serve their sentence in short, regular intervals, such as weekends or holidays, while they continue to work, attend school, or care for family members. Intermittent sentencing was first introduced in Canada in the late 1990s as a way to reduce overcrowding in prisons and to give offenders a chance to remain in the community while serving their sentence.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
When Are Intermittent Sentences Imposed?
It is used primarily in cases involving minor or non-violent offences, such as theft, fraud, or breach of probation. Intermittent sentencing is an attractive option for many offenders because it allows them to maintain their employment, continue their education, and remain in their homes and communities. It also allows them to continue to receive support from family and friends, which can be beneficial for rehabilitation.
Eligibility Requirements
In order to be eligible for intermittent sentencing, an offender must meet certain criteria. These include having a stable job or school schedule, having a stable residence, and having a support system in place. The offender must also be assessed as low-risk and must be willing to comply with the conditions of their sentence. Intermittent sentencing is not without its drawbacks. It can be difficult for offenders to maintain their employment or education while serving their sentence, and it can be difficult for family and friends to provide adequate support. Additionally, offenders may find it difficult to adjust to the regular interruptions to their lives, and there is a risk of them reoffending if they are not adequately supervised.
The Law
The law applicable to intermittent sentencing is prescribed within section 732 of the Criminal Code, R.S.C. 1985, c. C-46, which states:
Intermittent sentence
732(1) Where the court imposes a sentence of imprisonment of ninety days or less on an offender convicted of an offence, whether in default of payment of a fine or otherwise, the court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order
(a) that the sentence be served intermittently at such times as are specified in the order; and
(b) that the offender comply with the conditions prescribed in a probation order when not in confinement during the period that the sentence is being served and, if the court so orders, on release from prison after completing the intermittent sentence.
Application to vary intermittent sentence
Court may vary intermittent sentence if subsequent offence
Summary Comment
Intermittent sentencing is an important option for sentencing in Canada, as it allows offenders to remain in the community while serving their sentence. It is important, however, that offenders are adequately supervised and supported during their sentence, and that they are assessed as low-risk before being granted intermittent sentencing.
