This article initially appeared in French in the August 30,
2016 bulletin of the APECQ.
The total amount of the fine pursuant to a statement of offence
includes the penalty itself, court costs and a
"contribution". The amount of the latter, which until
October 20, 2015 was a fixed amount of $14, is now as much as 25%
of the amount of the fine!
A brief history of contributions
In 2002, the Government added a fixed contribution of $10 for
each statement of offence in penal matters. In 2012, that amount
was increased to $14. The "contribution" was initially
destined for victims of crimes.
On October 21, 2015 the method of determining the amount of the
contribution radically changed: the amount is now
variable, and determined according to the
$20 where the total amount of the
fine is not more than $100;
$40 where the total amount of the
fine is more than $100 but does not exceed $500;
25% of the total amount of the fine
where the latter exceeds $500.1
Moreover, the additional revenues generated, estimated at some
$21 million, will now be allocated mainly to the consolidated
revenue fund, the Government's general account, rather than to
victims of crimes.
The amount of court fees
On top of the amount of the actual penalty and this substantial
"contribution" are the court costs provided for in the
Tariff of court costs in penal matters, which include the
where the fine requested is equal to
or greater than $1,500 without exceeding $10,000, the amount
corresponding to 25% of the fine;
where the fine requested is greater
than $10,000, the sum obtained by adding $2,500 to the amount
corresponding to 1% of the part of the fine exceeding
Do the math!
By way of illustration, an employer who receives a statement of
offence seeking the payment of a penalty of $2,000 will also have
to pay court costs of $500 and a further amount of $500 as a
"contribution", bringing the total amount payable
pursuant to the statement to $3,000.
Ultimately, the increase in the amount of the
"contribution" is a further incentive for employers to
respect their obligations in statutory penal matters (i.e. under
the Occupational Health and Safety Act, the Act
Respecting Labour Relations, Vocational Training and Workforce
Management in the Construction Industry, etc.).
By way of example, the penalties under the Occupational
Health and Safety Act currently vary from $1,632 to $326,349
for a legal person: court costs and the increased contribution will
add from $816 to $84,750.74 to those amounts, which will therefore
effectively vary from $2,448 to $411,099.74!
Upon receiving a statement of offence, you may thus want to
contact your legal advisor to assess the advisability of contesting
1 Code of Penal Procedure, CQLR, c. C-25.1, s.
2 Tariff of court costs in penal matters, CQLR,
c. C-25.1, r. 6, par. 7
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Russell v. Township of Georgian Bay provides a useful reminder of the fact that while municipal officials sometimes appear to hold all of the cards in disputes with home owners, that is not always the case.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).