Order in Council 843/2020

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas subsection 737(4) of the Criminal Code states: “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.”

Now therefore, pursuant to s.737(4) of the Criminal Code:

1. The victim surcharge shall be payable at the same time as any fine that is imposed on the offender for the offence is payable;
2. When no fine is imposed, the victim surcharge shall be payable within the time set by the presiding justice. If no time is specified, the surcharge shall be payable:
   1. Within 30 days of the date on which the victim surcharge is imposed, in the case of an offence punishable by summary conviction, and
   2. Within 60 days from the date the victim surcharge is imposed, in the case of an offence punishable by indictment.

And further, this order revokes and replaces Order in Council 2173/99 dated December 8, 1999.