Criminal Code

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: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 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.

• (5) and (6) [Repealed, 2013, c. 11, s. 3]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