Bill C-37
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C-37
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-37
An Act to amend the Criminal Code
first reading, April 24, 2012
MINISTER OF JUSTICE
90597
SUMMARY
This enactment amends the Criminal Code to change the rules concerning victim surcharges.
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http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-37
An Act to amend the Criminal Code
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
ALTERNATIVE TITLE
Alternative title
1. This Act may be cited as the Increasing Offenders’ Accountability for Victims Act.
R.S., c. C-46
CRIMINAL CODE
2006, c. 14, s. 6
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,
1999, c. 25, s. 20
3. (1) Subsection 737(1) of the Act is replaced by the following:
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.
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.
1999, c. 25, s. 20
(3) Subsections 737(5) and (6) of the Act are repealed.
1999, c. 25, s. 20
(4) The portion of subsection 737(9) of the Act before paragraph (a) is replaced by the following:
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,
1999, c. 25, s. 20
(5) Subsection 737(10) of the Act is repealed.
2006, c. 14, s. 7
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,
COMING INTO FORCE
Order in council
5. This Act comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Criminal Code
Clause 2: Relevant portion of the definition:
“sentence” includes
...
(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 (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
Clause 3: (1) and (2) Existing text of subsections 737(1) and (2):
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.
(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.
(3) Existing text of subsections 737(5) and (6):
(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).
(6) When the court makes an order under subsection (5), the court shall state its reasons in the record of the proceedings.
(4) Relevant portion of subsection 737(9):
(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,
(5) Existing text of subsection 737(10):
(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.
Clause 4: Relevant portion of the definition:
“sentence” includes
...
(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(3) or (5) or section 738, 739, 742.1 or 742.3,