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Statutes of Newfoundland and Labrador 2005


Statutes of Newfoundland and Labrador 2005 Chapter 24

CHAPTER 24

AN ACT TO AMEND THE VICTIMS OF CRIME SERVICES ACT

(Assented to May 19, 2005)

Analysis


        1.   S.2 R&S
Definitions

        2.   S.11.1 Added
Victim fine surcharge

        3.   S.12 R&S
Victim fine surcharge proceeds

        4.   S.14 R&S
Regulations

        5.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


 

RSNL1990 cV-5

        1. Section 2 of the Victims of Crime Services Act is repealed and the following substituted:

Definitions

        2. In this Act

             (a)  "court" includes the provincial court established under the Provincial Court Act, 1991, the Trial Division and the Court of Appeal;

             (b)  "victim" means a person who has suffered harm, including physical or mental injury, emotional suffering or economic loss, because of acts that are a violation of criminal laws; and

             (c)  "victim fine surcharge" includes a victim fine surcharge imposed under subsection 11.1(1) and under section 737 of the Criminal Code.

 

        2. The Act is amended by adding immediately after section 11 the following:

Victim fine surcharge

   11.1 (1) Where a person is convicted of an offence under an Act of the province and a fine is imposed as a penalty for that conviction, that person shall, in addition to the fine, pay a victim fine surcharge that is 15% of the fine imposed on that person.

             (2)  Subsection (1) does not apply to a conviction and penalty imposed

             (a)  for a parking offence;

             (b)  under a regulation or by-law of a city as defined in the City of Corner Brook Act, City of Mount Pearl Act, City of St. John’s Act or of a municipality as defined in the Municipalities Act, 1999; and

             (c)  under an enactment prescribed by regulation as being exempt.

             (3)  Where a person referred to in subsection (1) establishes, to the satisfaction of the court imposing the penalty or entering the conviction, that undue hardship to that person or the dependants of that person would result from the imposition of a victim fine surcharge, the court may, by order and stating reasons, exempt that person from the surcharge or part of that surcharge.

             (4)  The victim fine surcharge imposed under subsection (1) as a result of a conviction for an offence shall be paid at the time at which the fine imposed for that offence is payable and may be collected in the same manner as that fine.

             (5)  For the purpose of the Provincial Offences Act and section 16.1 of the Highway Traffic Act the victim fine surcharge imposed under subsection (1) is considered to be a fine.

 

        3. Section 12 of the Act is repealed and the following substituted:

Victim fine surcharge proceeds

      12. Proceeds resulting from a victim fine surcharge shall be used for the purposes of this Act.

 

        4. Section 14 of the Act is repealed and the following substituted:

Regulations

      14. The Lieutenant-Governor in Council may make regulations:

             (a)  prescribing how a victim fine surcharge imposed under federal legislation shall be used;

             (b)  prescribing how a victim fine surcharge imposed under section 11.1 shall be used;

             (c)  exempting a person or a class of persons from the application of section 11.1;

             (d)  prescribing anything required by this Act to be prescribed;

             (e)  prescribing guidelines for the training of criminal justice personnel in connection with the needs and concerns of victims; and

              (f)  generally, to give effect to the purpose of this Act.

Commencement

        5. This Act shall come into force on a date to be proclaimed by the Lieutenant-Governor in Council.