ONTARIO COURT OF JUSTICE CITATION: Rodriguez v. York (Regional Municipality) , 2022 ONCJ 97 DATE: 2022·03·11 NEWMARKET BETWEEN: ISABELLE RODRIGUEZ Appellant — AND — THE REGIONAL MUNICIPALITY OF YORK Respondent PROVINCIAL OFFENCE APPEAL Heard: March 11, 2022 Delivered: March 11, 2022 Ms. Carolyn Galin ......................................................................... counsel for the Respondent Ms. Isabelle Rodriguez ................................................................................ on her own behalf KENKEL J.: [ 1 ] On February 21, 2020, Ms. Rodriguez was charged with speeding.

She pleaded guilty and paid the $108.75 fine. She did not pay the $30 costs and victim fine surcharge. [ 2 ] Her explanation for not paying the surcharge is stated in her notice of appeal: “There were no victims”. Her refusal to pay the small surcharge ultimately resulted in a suspension of her driver’s license by the Ministry of Transportation on the 18 th of October, 2021.

It cost her $281 to have her license re-instated. [ 3 ] She appeals as against the victim fine surcharge component of her sentence as there were no “victims” in her matter. [ 4 ] For provincial offences the Victim Fine Surcharge is not an order made by the court. It is an administrative procedure under Ontario Regulation 161/00 Provincial Offences Act, RSO 1990 c P33 . The regulation imposes an administrative victim fine surcharge for every fine imposed. The province collects funds to support victim services generally and it automatically applies to all cases.

Conclusion [ 5 ] This court has no jurisdiction to strike the victim fine surcharge nor is there any basis for doing so in this case. [ 6 ] The sentence appeal is dismissed.

Delivered: 11 March, 2022. Justice Joseph F. Kenkel