Bill 12 - An Act Respecting the Surcharge Payable under the Victims Services Act

BILL 12

An Act Respecting the Surcharge Payable under the Victims Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Provincial Offences Procedure Act

1 Subsection 8(3) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended by striking out “when imposing sentence” and substituting “when imposing a sentence or calculating a surcharge under subsection 46(1)”.

2 Subsection 10(1) of the Act is amended

ain paragraph (g) by striking out “and” at the end of the paragraph;

bin paragraph (h) by striking out the period at the end of the paragraph and substituting “, and”;

cby adding after paragraph (h) the following:

istate that the defendant may appear in court at the time and place stated in the ticket to plead guilty to the charge and make submissions respecting the portion of the fixed penalty representing the surcharge payable under the Victims Services Act.

3 The heading “Appearance by the defendant to dispute the charge set out in ticket” preceding section 13 of the Act is repealed and the following is substituted:

Appearance by the defendant

4 Section 13 of the Act is amended by striking out “dispute the charge set out in the ticket” and substituting “dispute the charge set out in the ticket, or wishes to plead guilty to the charge and make submissions respecting the portion of the fixed penalty representing the surcharge payable under the Victims Services Act,”.

5 Subsection 14(1) of the Act is amended in the portion preceding paragraph (a) by striking out “dispute the charge set out in the ticket” and substituting “dispute the charge set out in the ticket or make submissions respecting the portion of the fixed penalty representing the surcharge payable under the Victims Services Act”.

6 Section 16 of the Act is amended

aby repealing subsection (1) and substituting the following:

16( 1) Subject to subsection (3), the judge shall examine the notice of prosecution, convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket if

athe defendant has not paid a fixed penalty before the time stated in the ticket for the payment of the fixed penalty, and

bthe defendant does not appear in court at the time and place

( i) stated in the ticket, or

( ii) fixed for a submission hearing, or for the resumption of a submission hearing that has been adjourned.

bby repealing subsection (3) and substituting the following:

16( 3) The judge shall not convict the defendant if

athe notice of prosecution does not contain the certificate referred to in subsection (2),

bthe judge has reason to believe that the certificate on the notice of prosecution is inaccurate, or

cthe notice of prosecution contains a defect and the defect cannot be cured under section 106.

7 The heading “Submissions as to sentence and investigation and report on request by judge” preceding section 49 of the Act is repealed and the following is substituted:

Submissions, investigation and report

8 Section 49 of the Act is amended

ain subsection (1)

( i) in the portion preceding paragraph (a) by striking out “before imposing sentence” and substituting “before imposing a sentence or calculating the surcharge under subsection 46(1)”;

( ii) in paragraph (a) by striking out “to make submissions as to sentence” and substituting “to make submissions as to the sentence or the surcharge”;

( iii) in paragraph (b) by striking out “to make submissions as to sentence” and substituting “to make submissions as to the sentence or the surcharge”;

( iv) in paragraph (c) by striking out “before sentence is imposed” and substituting “before the sentence is imposed or the surcharge is calculated;

bin subsection (2) in the portion preceding paragraph (a) by striking out “before imposing sentence” and substituting “before imposing the sentence or calculating the surcharge”.

9 The Act is amended by adding after section 55 the following:

Fine without surcharge

55.1( 1) Despite any provision of this Act or any other Act of the Legislature, a judge who has convicted a defendant of an offence may impose a fine on the defendant without the imposition of the surcharge payable under the Victims Services Act if the judge is of the opinion that the imposition of the surcharge would cause undue hardship to the defendant.

55.1( 2) Despite any provision of this Act or any other Act of the Legislature, if a judge makes a finding of undue hardship under subsection (1), the amount of any fine in the form of a fixed penalty to be paid by the defendant shall be reduced by an amount representing the surcharge payable under the Victims Services Act.

Victims Services Act

10 Section 15 of the Victims Services Act, chapter 113 of the Revised Statutes, 2016, is amended

aby repealing subsection (5) and substituting the following:

15( 5) 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 any surcharge payable under subsection (1).

bby repealing subsection (7) and substituting the following:

15( 7) 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 a surcharge payable under subsection (1), if any, is paid, and payment of a surcharge may be enforced as if the surcharge were a fine.

cby repealing subsection (8) and substituting the following:

15( 8) If a person is convicted of an offence within the meaning of paragraph (1)(a) but no fine is imposed, any surcharge in respect of that conviction is payable in the manner and at the time the judge making the conviction orders, and payment of a surcharge may be enforced as if the surcharge were a fine or in any other manner that the judge orders.

CONDITIONAL AMENDMENTS

An Act to Amend the Provincial Offences Procedure Act

11( 1) If this subsection comes into force before or on the same date as section 2 of An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017, section 2 of that Act is amended

ain subsection 16.3(1) as enacted by section 2

( i) in paragraph (c) by striking out “dispute the charge set out in the violation ticket” and substituting “dispute the charge set out in the violation ticket or plead guilty to the charge and make submissions respecting the portion of the fixed penalty representing the surcharge under the Victims Services Act”;

( ii) in paragraph (g) by striking out “dispute the charge” and substituting “dispute the charge or make submissions respecting the portion of the fixed penalty representing the surcharge under the Victims Services Act”;

bby repealing section 16.7 as enacted by section 2 and substituting the following:

16.7 Within the period prescribed by regulation, the defendant may respond to a violation ticket by

apaying the fixed penalty in accordance with section 16.8 if the defendant does not wish

( i) to dispute the charge set out in the violation ticket, or

( ii) to make submissions respecting the portion of the fixed penalty representing the surcharge under the Victims Services Act, or

bfiling a notice of dispute in accordance with section 16.9 if the defendant wishes

( i) to dispute the charge set out in the violation ticket, or

( ii) to plead guilty to the charge and make submissions respecting the portion of the fixed penalty representing the surcharge under the Victims Services Act.

cin subsection 16.8(1) in the portion preceding paragraph (a) as enacted by section 2 by striking out “dispute the charge set out in a violation ticket” and substituting “dispute the charge set out in a violation ticket or plead guilty to the charge and make submissions respecting the portion of the fixed penalty representing the surcharge payable under the Victims Services Act”;

din section 16.9 as enacted by section 2

( i) by repealing subsection (2) and substituting the following:

16.9( 2) If a defendant files a notice of dispute in order to dispute the charge, the defendant is deemed to have pleaded not guilty to the charge.

( ii) in subsection (5) by striking out “notice of trial forwarded to the defendant” and substituting “notice of trial or notice of submission hearing, as the case may be, shall be forwarded to the defendant”;

( iii) in subsection (6) by striking out “the date fixed for trial” and substituting “the date fixed for the trial or the submission hearing, as the case may be”;

( iv) in subsection (7) by striking out “the time and place fixed for trial” and substituting “the time and place fixed for the trial or the submission hearing, as the case may be,”.

11( 2) If this subsection comes into force before or on the same date as section 20 of An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017, section 20 of that Act is amended

aby repealing paragraph 117.1(1)(a) as enacted by section 20 and substituting the following:

aa ticket reviewer endorses in the record of disposition under subsection 16.92(2) the fact that the conditions set out in subsection 16.92(1) have been fulfilled, or

bin paragraph 117.1(2)(b) as enacted by section 20 by striking out “contest the alleged offence” and substituting “file a notice of dispute under paragraph 16.7(b)”.

11( 3) If subsection (1) or (2) comes into force on the same date as section 2 or 20 of An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017, the subsection of this Act shall be deemed to have come into force immediately before the section of the Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017.

11( 4) If this subsection comes into force after section 2 of An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017, the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended

ain subsection 16.3(1)

bby repealing section 16.7 and substituting the following:

16.7 Within the period prescribed by regulation, the defendant may respond to a violation ticket by

apaying the fixed penalty in accordance with section 16.8 if the defendant does not wish

( i) to dispute the charge set out in the violation ticket, or

( ii) to make submissions respecting the portion of the fixed penalty representing the surcharge under the Victims Services Act, or

bfiling a notice of dispute in accordance with section 16.9 if the defendant wishes

( i) to dispute the charge set out in the violation ticket, or

( ii) to plead guilty to the charge and make submissions respecting the portion of the fixed penalty representing the surcharge under the Victims Services Act.

cin subsection 16.8(1) in the portion preceding paragraph (a) by striking out “dispute the charge set out in a violation ticket” and substituting “dispute the charge set out in a violation ticket or plead guilty to the charge and make submissions respecting the portion of the fixed penalty representing the surcharge payable under the Victims Services Act”;

din section 16.9

( i) by repealing subsection (2) and substituting the following:

16.9( 2) If a defendant files a notice of dispute in order to dispute the charge, the defendant is deemed to have pleaded not guilty to the charge.

( iii) in subsection (6) by striking out “the date fixed for trial” and substituting “the date fixed for the trial or the submission hearing, as the case may be”;

( iv) in subsection (7) by striking out “the time and place fixed for trial” and substituting “the time and place fixed for the trial or the submission hearing, as the case may be,”.

11( 5) If this subsection comes into force after section 20 of An Act to Amend the Provincial Offences Procedure Act, chapter 58 of the Acts of New Brunswick, 2017, section 117.1 of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended

aby repealing paragraph 117.1(1)(a) and substituting the following:

aa ticket reviewer endorses in the record of disposition under subsection 16.92(2) the fact that the conditions set out in subsection 16.92(1) have been fulfilled, or

bin paragraph 117.1(2)(b) by striking out “contest the alleged offence” and substituting “file a notice of dispute under paragraph 16.7(b)”.

Commencement

12 Section 2 of this Act comes into force on a day to be fixed by proclamation.