Failure by probationer to comply with probation order

(1) Where if it appears to a judge or any magistrate that a probationer has failed to comply with any of the provisions of the probation order, he may issue a summons to the probationer requiring him to appear at the place and time specified therein or may issue a warrant for his arrest. 9 (2) A magistrate shall not issue such summons except on information, and shall not issue such a warrant except on information in writing and on oath. (3) A summons or warrant under this section shall direct the probationer to appear or to be brought before the court by which the probation order was made. (4) Where it is proved to the satisfaction of the court by which the probation order was made that the probationer has failed to comply with any of the provisions of the probation order then, (a) without prejudice to the continuance in force of the probation order, the court may impose on the probationer a fine not exceeding fifty dollars; or (b) if the probationer, (i) was not convicted of the original offence in respect of which the probation order was made, the court may convict him and pass any sentence which it could pass if the probationer had just been convicted before that court of that offence; or (ii) was convicted of the original offence in respect of which the probation order was made, the court may pass any sentence which it could pass if the probationer had just been convicted before that court of that (5) Where a court has, under subsection (4)(a) of this section, imposed a fine on the probationer, then, if any subsequent sentence is passed upon the probationer under the provisions of the preceding section or of this section, the imposition of the said fine shall be taken into account in fixing the amount of that sentence.