2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE RICH COLEMAN
MINISTER OF PUBLIC SAFETY AND
SOLICITOR GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 2 of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended
(a) in subsection (4) by striking out "Compensation" and substituting "Subject to subsections (4.1) and (4.2), compensation", and
(b) by adding the following subsections:
(4.1) Despite any provision of this Act, compensation referred to in subsection (4) (f) may not be awarded under this Act in respect of an application received by the board on or after April 16, 2002.
(4.2) Subsection (4.1) applies irrespective of the date of death or injury in respect of which an application is made and whether or not the board has extended the period for making an application under section 6.
2 Section 10 is amended by adding the following subsection:
(4.1) The board may not seek compensation under this section for non-pecuniary loss or damage for pain, suffering, mental or emotional trauma, humiliation or inconvenience, in respect of an application received by the board on or after April 16, 2002.
3 (1) In this section, "board", "immediate family member" and "victim" have the same meaning as in the Criminal Injury Compensation Act.
(2) No action for damages or compensation may be brought against the board, the government or any person because a victim or an immediate family member
(a) fails to receive the compensation described in section 2 (4) (f) of the Criminal Injury Compensation Act, as a result of the enactment of this Act, or
(b) was or might have been eligible to receive the compensation described in section 2 (4) (f) of the Criminal Injury Compensation Act, but failed to apply for compensation under that Act before April 16, 2002.
(3) Subsection (2) (b) applies irrespective of the reason a victim or an immediate family member failed to apply.
4 This Act comes into force on April 16, 2002.
SECTION 1: [Criminal Injury Compensation Act, amends section 2] prohibits the board from awarding compensation for the non-pecuniary loss or damages for the pain and suffering of a victim of crime, if the application is received by the board on or after April 16, 2002.
SECTION 2: [Criminal Injury Compensation Act, adds section 10 (4.1)] prohibits the board from seeking compensation for non-pecuniary loss or damages for pain and suffering under subsection (4) of this section.
SECTION 3: [No action for damages] prohibits a person from bringing an action for damages against the board, government or any person
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