Acts and Regulations

V-2.1 - Victims Services Act

Section 18
Disposition versions

Full text
Imposition of surcharge
18(1)Subject to subsection (3), where a person
(a) is convicted of an offence under any Act of the Legislature or any regulation under such Act,
(b) makes a payment under any Act of the Legislature or any regulation under such Act, on which payment the person is deemed to have been convicted of an offence, or
(c) makes a payment in accordance with subsection 14(1) or (2) of the Provincial Offences Procedure Act in respect of an offence charged in a ticket served on the person under that Act,
a surcharge is payable by the person.
18(2)The surcharge payable under subsection (1) shall be an amount determined in accordance with the regulations.
18(3)No surcharge is payable in respect of a violation of a by-law made under an Act of the Legislature or in any other case in respect of which the regulations do not provide for the determination of the amount of the surcharge.
18(4)Where a person is convicted in accordance with subsection 16(1) or paragraph 29(1.1)(a) of the Provincial Offences Procedure Act, the surcharge payable shall be the amount included in the fixed penalty in accordance with paragraph 14(5)(c) of that Act and no additional surcharge shall be imposed in respect of the conviction.
18(5)Notwithstanding any provision of any other Act of the Legislature but subject to subsection (6), no person shall accept a payment in respect of a fine or a payment within the meaning of paragraph (1)(b) or (c) unless the payment is accompanied by or includes the surcharge payable under subsection (1).
18(6)Nothing in subsection (5) prevents a person from accepting a payment of less than the full amount of a fine imposed in respect of an offence under an Act of the Legislature or a regulation under such Act if the acceptance of such a payment is expressly permitted under an Act of the Legislature.
18(7)Notwithstanding any provision of any other Act of the Legislature, a payment made in respect of a fine or a payment within the meaning of paragraph (1)(b) or (c) or subsection (6) does not constitute full satisfaction, release and discharge of all penalties and imprisonments incurred by the person making the payment unless the surcharge payable under subsection (1) is paid and payment of the surcharge may be enforced as if the surcharge were a fine.
18(8)Where a person is convicted of an offence within the meaning of paragraph (1)(a) but no fine is imposed, the surcharge in respect of that conviction is payable in such manner and at such time as the judge making the conviction may order and payment of the surcharge may be enforced as if the surcharge were a fine or in such other manner as the judge may order.
1990, c.14, s.1; 2005, c.19, s.20; 2011, c.16, s.16
Imposition of surcharge
18(1)Subject to subsection (3), where a person
(a) is convicted of an offence under any Act of the Legislature or any regulation under such Act,
(b) makes a payment under any Act of the Legislature or any regulation under such Act, on which payment the person is deemed to have been convicted of an offence, or
(c) makes a payment in accordance with subsection 14(1) or (2) of the Provincial Offences Procedure Act in respect of an offence charged in a ticket served on the person under that Act,
a surcharge is payable by the person.
18(2)The surcharge payable under subsection (1) shall be an amount determined in accordance with the regulations.
18(3)No surcharge is payable in respect of a violation of a by-law made under an Act of the Legislature or in any other case in respect of which the regulations do not provide for the determination of the amount of the surcharge.
18(4)Where a person is convicted in accordance with subsection 16(1) or paragraph 29(1.1)(a) of the Provincial Offences Procedure Act, the surcharge payable shall be the amount included in the fixed penalty in accordance with paragraph 14(5)(c) of that Act and no additional surcharge shall be imposed in respect of the conviction.
18(5)Notwithstanding any provision of any other Act of the Legislature but subject to subsection (6), no person shall accept a payment in respect of a fine or a payment within the meaning of paragraph (1)(b) or (c) unless the payment is accompanied by or includes the surcharge payable under subsection (1).
18(6)Nothing in subsection (5) prevents a person from accepting a payment of less than the full amount of a fine imposed in respect of an offence under an Act of the Legislature or a regulation under such Act if the acceptance of such a payment is expressly permitted under an Act of the Legislature.
18(7)Notwithstanding any provision of any other Act of the Legislature, a payment made in respect of a fine or a payment within the meaning of paragraph (1)(b) or (c) or subsection (6) does not constitute full satisfaction, release and discharge of all penalties and imprisonments incurred by the person making the payment unless the surcharge payable under subsection (1) is paid and payment of the surcharge may be enforced as if the surcharge were a fine.
18(8)Where a person is convicted of an offence within the meaning of paragraph (1)(a) but no fine is imposed, the surcharge in respect of that conviction is payable in such manner and at such time as the judge making the conviction may order and payment of the surcharge may be enforced as if the surcharge were a fine or in such other manner as the judge may order.
1990, c.14, s.1; 2005, c.19, s.20; 2011, c.16, s.16
Imposition of surcharge
18(1)Subject to subsection (3), where a person
(a) is convicted of an offence under any Act of the Legislature or any regulation under such Act,
(b) makes a payment under any Act of the Legislature or any regulation under such Act, on which payment the person is deemed to have been convicted of an offence, or
(c) makes a payment in accordance with subsection 14(1) or (2) of the Provincial Offences Procedure Act in respect of an offence charged in a ticket served on the person under that Act,
a surcharge is payable by the person.
18(2)The surcharge payable under subsection (1) shall be an amount determined in accordance with the regulations.
18(3)No surcharge is payable in respect of a violation of a by-law made under an Act of the Legislature or in any other case in respect of which the regulations do not provide for the determination of the amount of the surcharge.
18(4)Where a person is convicted in accordance with subsection 16(1) of the Provincial Offences Procedure Act, the surcharge payable shall be the amount included in the fixed penalty in accordance with paragraph 14(5)(c) of that Act and no additional surcharge shall be imposed in respect of the conviction.
18(5)Notwithstanding any provision of any other Act of the Legislature but subject to subsection (6), no person shall accept a payment in respect of a fine or a payment within the meaning of paragraph (1)(b) or (c) unless the payment is accompanied by or includes the surcharge payable under subsection (1).
18(6)Nothing in subsection (5) prevents a person from accepting a payment of less than the full amount of a fine imposed in respect of an offence under an Act of the Legislature or a regulation under such Act if the acceptance of such a payment is expressly permitted under an Act of the Legislature.
18(7)Notwithstanding any provision of any other Act of the Legislature, a payment made in respect of a fine or a payment within the meaning of paragraph (1)(b) or (c) or subsection (6) does not constitute full satisfaction, release and discharge of all penalties and imprisonments incurred by the person making the payment unless the surcharge payable under subsection (1) is paid and payment of the surcharge may be enforced as if the surcharge were a fine.
18(8)Where a person is convicted of an offence within the meaning of paragraph (1)(a) but no fine is imposed, the surcharge in respect of that conviction is payable in such manner and at such time as the judge making the conviction may order and payment of the surcharge may be enforced as if the surcharge were a fine or in such other manner as the judge may order.
1990, c.14, s.1; 2005, c.19, s.20