Criminal Code

Marginal note:Victim surcharge

• 737 (1) Subject to subsection (5), an offender who is convicted or discharged under section 730 of an offence under this Act or the Controlled Drugs and Substances Act shall pay a victim surcharge, in addition to any other punishment imposed on the offender.

• Marginal note:Amount of surcharge

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

  • (a) 15 per cent 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) $50 in the case of an offence punishable by summary conviction, and

    • (ii) $100 in the case of an offence punishable by indictment.

• 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 at the time at which the fine imposed for the offence is payable and, when no fine is imposed, within the time established by the lieutenant governor in council of the province in which the surcharge is imposed for payment of any such surcharge.

• Marginal note:Exception

  (5) When the offender establishes to the satisfaction of the court that undue hardship to the offender or the dependants of the offender would result from payment of the victim surcharge, the court may, on application of the offender, make an order exempting the offender from the application of subsection (1).

• Marginal note:Reasons

  (6) When the court makes an order under subsection (5), the court shall state its reasons in the record of the proceedings.

• Marginal note:Amounts applied to aid victims

  (7) A victim surcharge imposed under subsection (1) 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

  (8) 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

  (9) Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7 and 734.8 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under subsection (1) 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 (8) is deemed to be an order made under section 734.1.

• Marginal note:Section 736 does not apply

  (10) For greater certainty, the program referred to in section 736 for the discharge of a fine may not be used in respect of a victim surcharge.