A fine is a monetary penalty a court can impose as part of a criminal sentence. This guide explains, in general terms, how fines work as a sentence under the Criminal Code, what happens when a fine cannot be paid on time, and the separate, more complicated topic of the victim fine surcharge. It is general information only and does not replace legal advice about a specific fine or case. For the broader sentencing framework, see our overview of criminal sentencing in Ontario.
Fines Under Section 734
Section 734 of the Criminal Code gives a court the power to impose a fine as a sentence for an offence, in addition to or instead of another sentence, unless the specific offence's punishment is fixed by law. A fine is a payment made to the court or the relevant provincial authority, not to a victim, which distinguishes it from restitution, discussed further below.
The amount of a fine that can be imposed depends on the offence, its classification, and any applicable statutory limits, along with the court's assessment of what is appropriate given the offender's circumstances and the sentencing principles that apply generally. This page does not state what fine amount might apply to a specific offence, since that depends on the applicable law and the facts of the case.
Standalone or Combined With Other Penalties
A fine can be imposed on its own as the entire sentence for an offence, or it can be combined with other sentencing options, such as probation. Whether a fine is appropriate on its own, or alongside another sentence, depends on the offence and the individual circumstances of the case, including any joint submission presented by the Crown and defence at the sentencing hearing.
A Court's Consideration of Ability to Pay
Before imposing a fine, a court is generally required to consider the offender's ability to pay it. This reflects the practical reality that a fine an offender has no realistic capacity to pay does not serve the purposes of sentencing effectively and can create additional hardship. How this consideration plays out in practice depends heavily on the evidence presented about the offender's financial circumstances.
Time-to-Pay Orders
Rather than requiring immediate payment in full, a court can make a time-to-pay order, allowing an offender a specified period, or a schedule of instalments, to pay a fine. This is a common feature of fine-based sentences and reflects an effort to make fines a realistic and effective sentencing option rather than one that is functionally out of reach for people with limited financial means.
The specific length of time granted, and whether instalments are permitted, depends on the court and the offender's circumstances. Anyone who is granted a time-to-pay order and later finds themselves unable to meet the schedule should seek advice promptly, since proactively addressing a payment problem is generally more effective than allowing a default to occur without explanation.
If paying a fine on schedule becomes difficult, raising the issue with the court or a lawyer before a default occurs is generally far more effective than waiting until enforcement action has already started.
Consequences of Defaulting on a Fine
The Criminal Code sets out consequences for failing to pay a fine within the time allowed, commonly referred to as fine default. These consequences can include a term of imprisonment in default of payment, sometimes called a default sentence, which is calculated according to provisions in the Code and generally set out at the time the fine is imposed. Other enforcement mechanisms may also apply, depending on the jurisdiction and the type of fine.
A default sentence for failing to pay a fine is generally treated differently from a sentence imposed for the underlying offence itself, but it remains a serious consequence. This is one of several reasons a fine should never be treated as a minor or purely administrative matter, and why addressing payment problems early, ideally with legal advice, matters.
The Victim Fine Surcharge: A Changing Rule
Separate from a fine imposed for the offence itself, Canadian law has, at various points, required or allowed courts to impose an additional victim fine surcharge under section 737 of the Criminal Code. This surcharge is meant to help fund victim assistance programs. Its legal status has changed more than once, and this page describes that history carefully rather than stating a single fixed rule, because the details genuinely depend on when an offence was committed and the current, applicable version of the law.
In 2013, Parliament amended the Criminal Code to make the victim surcharge mandatory in every case, removing judges' discretion to waive or reduce it. In its 2018 decision in R. v. Boudreault, the Supreme Court of Canada found that this mandatory surcharge violated section 12 of the Canadian Charter of Rights and Freedoms, which protects against cruel and unusual punishment, largely because of the disproportionate hardship it imposed on offenders who had no realistic ability to pay. The Court struck the mandatory surcharge provisions down, with the effect that the mandatory surcharge could no longer be imposed following that decision.
Parliament subsequently amended section 737 again to restore judicial discretion. Under the current framework, a court can decline to impose a victim surcharge, or impose a reduced amount, where it is satisfied that paying the surcharge would cause the offender undue hardship, or that imposing it would otherwise be disproportionate to the gravity of the offence or the offender's degree of responsibility. This represents a significant shift back toward the discretion that existed before the 2013 amendments, though it is not identical to the earlier regime.
The victim surcharge has been amended and challenged in court more than once, and small differences in wording or timing can matter. Anyone with a specific question about whether a surcharge applies, and whether it can be reduced or waived, should confirm the current, applicable version of section 737 with a lawyer rather than relying on a general description like this one.
Why the Surcharge's History Matters
The surcharge's back-and-forth legal history is a useful illustration of a broader point about criminal law generally: rules that applied at one point in time do not necessarily apply today, and rules that apply today may not have applied when an earlier offence was committed. Someone reading an older article, a friend's account, or an outdated government page about the victim surcharge could easily come away with an inaccurate understanding of the current law. A lawyer reviewing a specific sentencing matter will apply the version of section 737 that is legally applicable to that case.
Fines vs. Restitution
A fine and a restitution order are both monetary consequences that can follow a sentencing hearing, but they serve different purposes and go to different places. A fine is paid to the court, or the relevant provincial authority, as a penalty for the offence itself. Restitution, by contrast, is paid directly to a victim to compensate for specific financial losses connected to the offence. Our page on restitution explains this distinction, and how a restitution order is enforced, in more detail.
Frequently Asked Questions
Can a fine be combined with jail time or probation?
In many cases, yes, a fine can be imposed alongside another sentence such as probation, subject to the applicable law for the specific offence. A lawyer can advise on what combination of sentences may apply to a specific case.
What happens if I can't pay a fine on time?
Raising the issue with the court before a default occurs is generally advisable. The Criminal Code sets out consequences for defaulting on a fine, which can include a default term of imprisonment, so addressing payment problems early matters.
Is the victim surcharge still mandatory?
No. The Supreme Court of Canada struck down the mandatory victim surcharge in R. v. Boudreault (2018), and Parliament has since restored judicial discretion to reduce or waive it in cases of undue hardship or disproportionality. The exact rule that applies can depend on when the offence occurred, so confirm the current position with a lawyer.
Is a fine the same as restitution?
No. A fine is paid to the court or the relevant provincial authority as a penalty, while restitution is paid to a victim to compensate for specific losses. See our page on restitution for more detail.
Can a court consider my income before setting a fine?
Yes, a court is generally required to consider an offender's ability to pay before imposing a fine. This is one reason financial information may be relevant at a sentencing hearing.
Can I get more time to pay a fine after sentencing?
This depends on the order made and the court's processes. A lawyer can advise on whether applying for additional time, or another arrangement, is realistic for a specific fine.