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DUI, DWI & Criminal Legislation in Ontario  

Criminal Code of Canada , section: 737

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Penalties/Suspension on Conviction, Prohibition, Offenders’ Accountability for Victims

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:

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.

(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.

Comments : Victim Fine Surcharges of 30% of the fine imposed for a DUI are now compulsory

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