Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-29 and last amended on 2014-09-19. Previous Versions

Marginal note:Fine option program
  •  (1) An offender who is fined under section 734 may, whether or not the offender is serving a term of imprisonment imposed in default of payment of the fine, discharge the fine in whole or in part by earning credits for work performed during a period not greater than two years in a program established for that purpose by the lieutenant governor in council

    • (a) of the province in which the fine was imposed, or

    • (b) of the province in which the offender resides, where an appropriate agreement is in effect between the government of that province and the government of the province in which the fine was imposed,

    if the offender is admissible to such a program.

  • Marginal note:Credits and other matters

    (2) A program referred to in subsection (1) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine and any other matters necessary for or incidental to carrying out the program.

  • Marginal note:Deemed payment

    (3) Credits earned for work performed as provided by subsection (1) shall, for the purposes of this Act, be deemed to be payment in respect of a fine.

  • Marginal note:Federal-provincial agreement

    (4) Where, by virtue of subsection 734.4(2), the proceeds of a fine belong to Her Majesty in right of Canada, an offender may discharge the fine in whole or in part in a fine option program of a province pursuant to subsection (1), where an appropriate agreement is in effect between the government of the province and the Government of Canada.

  • R.S., 1985, c. C-46, s. 736;
  • R.S., 1985, c. 27 (1st Supp.), s. 162, c. 1 (4th Supp.), s. 18(F);
  • 1992, c. 1, s. 60(F);
  • 1995, c. 22, s. 6.
Marginal note:Victim surcharge
  •  (1) 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) 30 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) $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: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.

  • (5) and (6) [Repealed, 2013, c. 11, s. 3]

  • 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, 734.8 and 736 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.

  • (10) [Repealed, 2013, c. 11, s. 3]

  • R.S., 1985, c. C-46, s. 737;
  • 1995, c. 22, ss. 6, 18;
  • 1996, c. 19, s. 75;
  • 1999, c. 5, s. 38, c. 25, s. 20(Preamble);
  • 2013, c. 11, s. 3.