An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)

• Marginal note:Maximum penalty — intimate partner

  (8) If an accused is convicted of an indictable offence in the commission of which violence was used, threatened or attempted against an intimate partner and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against an intimate partner, the court may impose a term of imprisonment that is more than the maximum term of imprisonment provided for that offence but not more than

  • (a) five years, if the maximum term of imprisonment for the offence is two years or more but less than five years;

  • (b) 10 years, if the maximum term of imprisonment for the offence is five years or more but less than 10 years;

  • (c) 14 years, if the maximum term of imprisonment for the offence is 10 years or more but less than 14 years; or

  • (d) life, if the maximum term of imprisonment for the offence is 14 years or more and up to imprisonment for life.

• Marginal note:Exception

  (3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody.

• Marginal note:Period for which appearance notice, etc., continues in force

  (2) Subject to Part XVI, if an accused who has not been taken into custody or who has been released from custody under any provision of that Part pleads guilty to or is found guilty of an offence but is not convicted, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.

• (b) an offence punishable on summary conviction.

• (b) the maximum term of imprisonment that the court could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or two years less a day in the case of a summary conviction offence.

Marginal note:Proceeds to go to provincial treasurer

• 734.4 (1) If a fine or forfeiture is imposed or an amount set out in an undertaking, release order or recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the amount was forfeited, and shall be paid by the person who receives them to the treasurer of that province.

• Marginal note:Proceeds to go to Receiver General for Canada

  (2) The proceeds described in subsection (1) belong to Her Majesty in right of Canada and must be paid by the person who receives them to the Receiver General if, as the case may be,

  • (a) the fine or forfeiture is imposed

    • (i) in respect of a contravention of a revenue law of Canada,

    • (ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or

    • (iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution; or

  • (b) an amount set out in an undertaking, release order or recognizance is forfeited in connection with proceedings mentioned in paragraph (a).

• Marginal note:Direction for payment to municipality

  (3) If a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which an amount set out in an undertaking, release order or recognizance is forfeited,

  • (a) the lieutenant governor in council of a province may direct that the proceeds that belong to Her Majesty in right of the province shall be paid to that authority; and

  • (b) the Governor in Council may direct that the proceeds that belong to Her Majesty in right of Canada shall be paid to that authority.

Marginal note:Victim surcharge

• 737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.

• Marginal note:Amount of surcharge

  (2) Subject to subsections (2.1) and (3), the amount of the victim surcharge in respect of an offence is

  • (a) 30% of any fine that is imposed on the offender for the offence; or

  • (b) if no fine is imposed on the offender for the offence,

    • (i) $100 in the case of an offence punishable by summary conviction, and

    • (ii) $200 in the case of an offence punishable by indictment.

• Marginal note:Exception

  (2.1) Despite subsection (1), the court may, on application of the offender or on its own motion, order an offender to pay no victim surcharge, or to pay a reduced amount, if it is satisfied that the victim surcharge

  • (a) would cause undue hardship to the offender; or

  • (b) would not cause undue hardship to the offender but would be disproportionate to the gravity of the offence or the degree of responsibility of the offender.

• Marginal note:Definition of undue hardship

  (2.2) For the purposes of subsection (2.1), undue hardship means the offender is unable to pay a victim surcharge on account of the offender’s precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their dependants.

• Marginal note:For greater certainty

  (2.3) For greater certainty, for the purposes of subsection (2.2), the imprisonment of the offender alone does not constitute undue hardship.

• Marginal note:Reasons

  (2.4) When the court makes an order under subsection (2.1), the court shall state its reasons in the record of the proceedings.

• Marginal note:Increase in surcharge

  (3) The court may order an offender to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the offender is able to pay the higher amount.

• Marginal note:Time for payment

  (4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.

• Marginal note:Amounts applied to aid victims

  (5) A victim surcharge shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.

• Marginal note:Notice

  (6) The court shall cause to be given to the offender a written notice setting out

  • (a) the amount of the victim surcharge;

  • (b) the manner in which the victim surcharge is to be paid;

  • (c) the time by which the victim surcharge must be paid; and

  • (d) the procedure for applying for a change in any terms referred to in paragraphs (b) and (c) in accordance with section 734.3.

• Marginal note:Enforcement

  (7) Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7, 734.8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under this section and, in particular,

  • (a) a reference in any of those provisions to “fine”, other than in subsection 734.8(5), must be read as if it were a reference to “victim surcharge”; and

  • (b) the notice provided under subsection (6) is deemed to be an order made under section 734.1.

• Marginal note:Application — subsections (2.1) to (2.4)

  (8) Subsections (2.1) to (2.4) apply to any offender who is sentenced for an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act that was committed after the day on which those subsections come into force.