Set Fines and Victim Fine Surcharges

Fines and Community Safety Zones and Construction Zone Areas

Fines vary from offence to offence, but be advised that when you are charged for an offence under the Highway Traffic Act the fines, associated with that specific offence, double in some cases, where the motorist is charged in “Community Safety Zone” or in a “Construction Zonewith the construction worker(s) working there”.   Here is an example using “speeding” as a typical charge pursuant to the Highway Traffic Act, with the applicable schedules under Section 128:

Section of the Highway Traffic Act  Charge
Kilometres over  posted speed limit
Normal set fine – Schedule “B”
Community Safety Zone Fine – Schedule “D”
Construction Zone with worker working – Schedule “F”
Speeding Photo Radar – Schedule “C” of HTA (s.128)
Speeding – Section 128 – Schedules B, D and F. 1 to 19 km $ 2.50 per kilo.over $ 5.00 per kilo. over $ 5.00 per kilo. over $ 2.50 per kilo. over

Speeding – Section 128 – Schedules B, D and F. 20 to 29 km $ 3.75 per kilo.over $ 7.50 per kilo. over $ 7.50 per kilo. over 20-34 over – $ 3.75 per kilo. over

Speeding – Section 128 – Schedules B, D and F. 30 to 49 km $ 6.00 per kilo.over No out of court settlement No out of court settlement 35-49 over – $ 6.00 per kilo. over

Speeding – Section 128 – Schedules B, D and F. 50 km or over No out of court settlement No out of court settlement No out of court settlement 50-60 over – $ 8.00 per kilo. over and 61 km and over – no set fine

Any area that is considered a Community Safety Zone and/or a Construction Zone (with or without a construction worker present) will be dealt in a much more severe way by the courts, given that it is considered to be a public and societal safety issue.

The following offences (a sampling), under the Highway Traffic Act, have much higher fines when the motorist is charged within what is defined as a Community Safety Zone:

Section of the Highway Traffic Act
Offence
Set Fine
Fine is a community safety zone
130 Careless Driving $400.00 No Set Fine (It is at the discretion of the Justice of the Peace as to the Fine eventually set)
132 Unnecessary Slow Driving $85.00 $120.00
135 (3) Fail to yield to vehicle on right $85.00 $150.00
136 (1) (a) Disobey Stop Sign – stop wrong place $85.00 $120.00
136 (1) (a) Disobey Stop SIgn – fail to stop $85.00 $150.00
138 (1) Fail to yield – yield sign $85.00 $150.00
140 (1) (a) Fail to yield to pedestrian $150.00 $300.00
140 (1) (b) Fail to yield to pedestrian approaching $150.00 $300.00
141 (2) Improper right turn $85.00 $120.00
141 (6) Improper left   turn $85.00 $120.00
142 (1) Fail to signal for turn $85.00 $120.00
142 (1) Fail to signal – lane change $85.00 $120.00
142 (8) Fail to signal stop $85.00 $120.00
144 (7) Fail to yield to pedestrian $150.00 $300.00
144 (15) Amber Light – fail to stop $150.00 $300.00
144 (18) Red Light – fail to stop $260.00 $400.00
176 (3) Fail to obey school crossing stop sign $150.00 $300.00

If you go through the Highway Traffic Act (the H.T.A) and the different related schedules, you’ll find that a majority of the “community safety zone” fines begin at section 128 through to section 182 of the H.T.A.

Here is an example of tickets that can be issued to bicyclists:

Offence H.T.A Section Set Court Victim Total
Bicycle* Fine Fee Fine
Careless Driving 130 $400.00 $5.00 $85.00 $490.00
Red Light – Fail to Stop 144 (18) $260.00 $5.00 $60.00 $325.00
Disobey Stop Sign – Fail to Stop 136 (1) (a)* $85.00 $5.00 $20.00 $110.00
Improper Lighting 62 (17)* $20.00 $5.00 $10.00 $35.00
Improper Brakes 64 (3)* $85.00 $5.00 $20.00 $110.00
No Bell or Defective Bell 75 (5) $85.00 $5.00 $20.00 $110.00
Failure to Wear Proper Helmet 104 (2.1)* $60.00 $5.00 $20.00 $85.00
Failure to Yield to Pedestrian 140 (1) (a) $150.00 $5.00 $25.00 $180.00
Drive Wrong Way – One Way Traffic 153 $85.00 $5.00 $20.00 $110.00
Bicycle -Fail to Turn Out to Right when Overtaken 148 (6)* $85.00 $5.00 $20.00 $110.00
Cyclist -Ride in or along Crosswalk 144 (29)* $85.00 $5.00 $20.00 $110.00
Cyclist – Fail to Stop to Identify Self 218 (2)* $85.00 $5.00 $20.00 $110.00
Ride two (2) on a Bicycle 178 (2)* $85.00 $5.00 $20.00 $110.00
* specific to the operation of bicycles and to bicyclists

In addition to the fines reflected in the H.T.A. there is a “Victim Fine Surcharge” which can be found in the link, under Victim Fine Surcharges.. The fines associated with the use of bicycles above, has incorporated the Victim Fine Surcharge, as an example.

Victim Fine Surcharges:

This surcharge is applied against set fines, where convictions have been registered (Part I or Part III of the Act) – see section 60 of the Provincial Offences Act.

This surcharge is 20% of the imposed fine (ie. if the fine is $100.00 then the surcharge will be $20.00). It remains 20% up to a $1000.00.  Any fine over $1000.00 will have a surcharge of 25%.

The victim fine surcharge can be found within the Provincial Offences Act (Ontario Regulation 161/00).  The Victim Fine Surcharge ranges from $10 (for set fines between $0-$50) up to $125 (for set fines  between $501 to $1000) and a surcharge of 25% of any fine imposed over $1000.00:

Fine Range        Surcharge

$0 – 50            = $ 10

$51 – 75          = $ 15

$76 – 100       = $ 20

$101 – 150     = $ 25

$151 – 200     = $ 35

$201 – 250     = $ 50

$251 – 300     = $ 60

$301 – 350     = $ 75

$351 – 400     = $ 85

$401 – 450     = $ 95

$451 – 500     = $ 110

$501 – 1000  = $ 125

$ 1000.00 and over – Surcharge is 25% of the actual fine

In 1996 the Victims Bill of Rights was passed.  This Act uses revenue from the Victim Fine Surcharge to fund the “Victim Justice Fund” which supports services/programs such as the Victim Crisis Assistance and Referral Services, SupportLink, Victim Support Line and Victim/Witness Assistance Programs.

Apparently, although Victims of Crime are suppose to be able to access this well funded “Victim Justice Fund”, it is much more difficult than one might think. Although it was designed for civilians, law enforcement officers appear to be easily compensated through this fund, with ease, whenever they request it.

Fee for Late Payment of Fines:

Under the Provincial Offences Act(Ontario Regulation 679/92) an administrative fee can be imposed for late payment of fines.  The regulation states the following:

FEE FOR LATE PAYMENT OF FINES

1. The administrative fee payable in respect of a fine the payment of which is in default is,

(b)   $ 20 for fines imposed on or after the 16th of December, 1992.

When is a fine considered in “default”?

Section 69, subsection (1) of the Provincial Offences Act , R.S.O. 1990 states the following:

“The payment of a fine is in default if any part of it is due and unpaid for fifteen (15) days or more”.

If I don’t pay the fine can it affect my credit rating?

Yes.  Section 69.1(1) of the Provincial Offences Act states the following:

Disclosure to consumer reporting agency:

“When a fine has been in default for at least 90 days, the Ministry of the Attorney General may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default”

Section 70 (1) speaks to an additional fee, in addition to the unpaid fine:

Fee where fine is in default

“Where the payment of a fin is in default and the time for payment is not extended or further extended under subsection 66(6), the defendant shall pay the administrative fee prescribed by the regulations (the administrative fee = $ 20.00).

Section 70 (2) further states:

Fee collectable as a fine

“For the purpose of making and enforcing payment, a fee payable under this section shall be deemed to be part of the fine that is in default”.

Community Safety Zones – See the Ontario Highway Traffic Act -Ontario Regulation 510/99:

1. The part of a highway described in a schedule to the Regulation is designated as a community safety zone for the hours, days and months specified in the schedule.

Comment:  All sixteen (16) schedules (containing townships, towns, municipalities and districts listed have a designation that is effective 24 hours a day, seven days a week and every month of the year.

Schedule 1   -  Town  of  Whitby

Schedule 2   -  Township  of  Rama

Schedule 3   -  Township  of  Springwater

Schedule 4   -  Township  of  McDougall

Schedule 5   -  Township  of  Sequin

Schedule 6   -  Town  of  Caledon

Schedule 7   -  Municipality  of  Clarington

Schedule 8   -  Township  of  Sioux  Narrows  Nestor  Falls

Schedule 9   -  Municipality  of  Northern  Bruce  Peninsula

Schedule 10 -  Municipality  of  Temagami

Schedule 11 -  District  of  Algoma

Schedule 12 -  Town  of  Orangeville

Schedule 13 -  Township  of  Chatsworth

Schedule 14 -  Municipality  of  Whitestone

Schedule 15 -  Township  of  Champlain

Schedule 16 -  Township  of  Scugog

Section 214.1 (8) of the Highway Traffic Act speaks to the doubling of fines/penalties received as a result of a conviction in a Community Safety Zone, see section 214.1 (8) of the Highway Traffic Act.

If you are ticketed in any of these areas, expect your fines to double. Always fightyourtickets.ca

 

Update: April 10, 2011 – Victim Fine Surcharges – $41 Million Collected by Ontario between April 1, 2009 to March 31, 2010 Inclusive