Definition

1   In this regulation, "continuous custody" means any period of incarceration but does not include

(a) a conditional sentence within the meaning of section 742.1 of the Criminal Code, or

(b) an intermittent sentence within the meaning of section 732.1 of the Criminal Code.

When victim surcharge is payable

2   (1) If a person is convicted of an offence and a fine is imposed on the offender at the time of sentencing for that offence, the victim surcharge payable by the offender under section 737 of the Criminal Code in respect of the offence must be paid by the offender on or before the date that the fine is payable.

(2) If a person is convicted of an offence but no fine is imposed on the offender at the time of sentencing for that offence, the victim surcharge payable by the offender under section 737 of the Criminal Code in respect of the offence must be paid by the offender,

(a) if the offender is sentenced to continuous custody, within the earlier of

(i) 2 months after the date on which the warrant of committal on the information or indictment expires, and

(ii) 2 years after the date of sentencing, or

(b) in any other case, within 2 months after the date of sentencing.

(3) If a person is convicted of more than one count on an information or indictment and a fine is imposed on the offender at the time of sentencing in relation to any one or more but not all of those counts, the victim surcharges payable by the offender under section 737 of the Criminal Code in respect of the counts for which a fine is not imposed must be paid

(a) on or before the date that the fine is payable, or

(b) if more than one fine is imposed and those fines are payable on different dates, on or before the latest of those dates.

[en. B.C. Reg. 226/2016.]