Increasing Offenders’ Accountability for Victims Act (S.C. 2013, c. 11)

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Assented to 2013-06-19

Increasing Offenders’ Accountability for Victims Act

S.C. 2013, c. 11

Assented to 2013-06-19

An Act to amend the Criminal Code

This enactment amends the Criminal Code to change the rules concerning victim surcharges.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as the Increasing Offenders’ Accountability for Victims Act.

2. Paragraph (b) of the definition “sentence” in section 673 of the Criminal Code is replaced by the following:

(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,

3. (1) Subsection 737(1) of the Act is replaced by the following:
Marginal note:Victim surcharge
- 737. (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:1999, c. 25, s. 20
(2) Paragraphs 737(2)(a) and (b) of the Act are replaced by the following:
- (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:1999, c. 25, s. 20
(3) Subsections 737(5) and (6) of the Act are repealed.
Marginal note:1999, c. 25, s. 20
(4) The portion of subsection 737(9) of the Act before paragraph (a) is replaced by the following:
- 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,
Marginal note:1999, c. 25, s. 20
(5) Subsection 737(10) of the Act is repealed.

4. Paragraph (b) of the definition “sentence” in section 785 of the Act is replaced by the following:

(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(3) or section 738, 739, 742.1 or 742.3,

5. This Act comes into force on a day to be fixed by order of the Governor in Council.