2001 Legislative Session: 2nd 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

BILL 24 -- 2001

CRIME VICTIM ASSISTANCE ACT

Contents

Section
Part 1 -- Interpretation and Application of Act
1  Definitions and interpretation
2  Application of Act
Part 2 -- Benefits
3  Application for benefits
4  Award of benefits
5  Criminal law matters respecting the death or injury
6  Information and verification
7  Interim benefit
8  Assignments of amounts owing under judgment or settlement
9  Refusal or reduction of benefits
10  Payment of benefits to legal representative
11  Notice of decision
12  Effect of additional information, change in circumstances or new information
Part 3 -- Reconsideration
13 Request for reconsideration
14 Conduct of reconsideration
Part 4 -- Action for Damages
15 Legal action by victim, immediate family member or witness
16 Legal action by the director
17 Distribution of proceeds from an action
Part 5 -- General Provisions
18 Director
19 Offences
20 Other provisions relating to offences
21 No garnishment of benefit
22 Information-sharing agreements
23 Overpayments, repayments and assignments
24 Delivery
25 Appropriation
26 Power to make regulations
Part 6 -- Transitional and Consequential Provisions
27 Transition from the former Act: general rule
28 Proceeding begun and not completed under the former Act
29 Awards of compensation under the former Act
30 Transitional regulations
31-35 Consequential Amendments
36 Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 -- Interpretation and Application of Act

Definitions and interpretation

1 (1) In this Act:

"adult" means a person who has reached 19 years of age;

"applicant" means a person who makes an application under section 3 (1);

"benefit" means a benefit in a category set out in section 4;

"director" means the director designated under section 18;

"former Act" means the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85;

"immediate family member" means a person who, at the time of the prescribed offence or the event that resulted in the death or injury of a victim, was

(a) a spouse, child, sibling, step sibling, half sibling or parent of the victim, and, for this purpose,

(i) "spouse" means a person who

(A) is married to the victim,

(B) is living and cohabiting with the victim in a marriage-like relationship, or

(C) is recognized under subsection (2) as the spouse of the victim,

(ii) "child" includes

(A) a child to whom the victim stands in the place of a parent,

(B) a person recognized under subsection (2) as the child of the victim,

(C) a child of the victim born after the death of the victim, or

(D) an adult to whom the victim stood in the place of a parent when the adult was a child, and

(iii) "parent" includes

(A) a person who stands in the place of a parent to the victim, or

(B) a person who stood in the place of a parent to the victim when the victim was a child, or

(b) if dependent in whole or in part on the victim for financial support, a grandparent or grandchild of the victim;

"injury" means bodily harm, including psychological harm, or pregnancy;

"legal representative" means a person who has the legal authority to act on behalf of a victim, an immediate family member or a witness in relation to a matter that is the subject of an application under section 3 (1) or an award of a benefit under this Act;

"prescribed offence" means an offence under the Criminal Code prescribed for the purposes of section 3 (1) (a) (i);

"psychological harm" means a psychological condition that

(a) interferes with the health or comfort of a person, and

(b) is more than merely transient or trifling in nature;

"public service employee" means an employee as defined in section 1 of the Public Service Act;

"victim" means a person, other than a witness, who is killed or injured as a direct result of

(a) a prescribed offence, or

(b) an event referred to in section 3 (1) (a) (ii);

"witness" means a person who satisfies the requirements of section 3 (1) (c).

(2) The director may recognize a person as the spouse or child of a victim for the purposes of this Act if, at the time of the death or injury of the victim, the person

(a) was qualified as a spouse or child of the victim under an enactment of British Columbia or Canada to apply for maintenance or support from the victim, or

(b) was entitled to maintenance, support or alimony from the victim under an order or agreement enforceable under such an enactment.

Application of Act

2 This Act does not apply with respect to

(a) the death or injury of a victim that is the result of

(i) an offence or event that occurred on or before July 1, 1972, or

(ii) the operation of a motor vehicle, other than an assault using a motor vehicle, or

(b) the death or injury of a person that arises out of, and occurs in the course of, that person's employment.

Part 2 -- Benefits

Application for benefits

3 (1) The following persons may apply to the director in the prescribed form for a benefit:

(a) a person who is injured as a direct result of

(i) a prescribed offence committed in British Columbia, or

(ii) an event in British Columbia in which the person was

(A) lawfully arresting or attempting to arrest a person, or assisting or attempting to assist a peace officer to arrest a person, in respect of a criminal offence, or

(B) lawfully preventing or attempting to prevent an offence, or a suspected offence, under the Criminal Code or assisting or attempting to assist a peace officer to do so;

(b) an immediate family member who experiences economic loss or psychological harm as a result of the death or injury of a victim;

(c) a person who, although not necessarily related to a victim, has a strong emotional attachment to the victim, and who

(i) witnesses in close proximity

(A) a prescribed offence that causes a life threatening injury to, or the death of, the victim, or

(B) the immediate aftermath of a prescribed offence that causes the death of the victim,

in circumstances that are sufficient to alarm, shock and frighten a reasonable person with that emotional attachment to the victim, and

(ii) suffers psychological harm that

(A) is diagnosed by a registered psychologist or a medical practitioner as a recognized psychological or psychiatric condition, and

(B) in the opinion of the person who makes the diagnosis, is a result of the circumstances in subparagraph (i);

(d) on behalf of a person referred to in paragraphs (a) to (c),

(i) a legal representative, or

(ii) a person in a prescribed category.

(2) An application under subsection (1) must be made within one year from the date of the prescribed offence or the event to which it relates.

(3) If the victim, immediate family member or witness is a person who has not reached 19 years of age, the time limit under subsection (2) is extended until the date that is one year after the date the person reaches 19 years of age.

(4) Subsection (2) does not apply to a victim if the application relates to a prescribed offence and that offence

(a) is based on sexual misconduct that occurred while the victim was under 19 years of age, or

(b) is or includes a sexual assault.

(5) The director may extend the time limit for making an application if satisfied that the application could not reasonably have been made within the period specified under subsection (2) or (3).

Award of benefits

4 (1) If an application for a benefit is made under section 3 (1) by or on behalf of a victim whose need for the benefit arose as a result of the prescribed offence or the event that resulted in the victim's injury, the director may award a benefit that the victim is eligible for under the regulations in any of the following categories:

(a) medical or dental services or expenses;

(b) vocational services or expenses;

(c) maintenance for a child born as a result of the prescribed offence;

(d) income support related to

(i) a lost or reduced ability to earn income, or

(ii) a lost or reduced ability to perform services the victim previously performed for himself or herself or his or her family;

(e) compensation for lost earning capacity;

(f) counselling services;

(g) protective measures for the safety of the victim;

(h) travelling expenses;

(i) services or expenses for physical rehabilitation, home and vehicle modifications or disability aids;

(j) repair or replacement cost of a prescribed item of personal property that is damaged or destroyed as a result of the prescribed offence or the event that caused the injury;

(k) a prescribed category.

(2) If an application for a benefit is made under section 3 (1) by or on behalf of an immediate family member whose need for the benefit arose as a result of the death or injury of the victim, the director may award a benefit that the immediate family member is eligible for under the regulations in any of the following categories:

(a) counselling services or related prescription drug expenses;

(b) vocational services or expenses;

(c) funeral expenses;

(d) income support;

(e) travelling expenses;

(f) compensation for loss of love, guidance and affection;

(g) a prescribed category.

(3) If an application is made under section 3 (1) by or on behalf of a witness, the director may award a benefit that the witness is eligible for under the regulations in any of the following categories:

(a) counselling services or related prescription drug expenses;

(b) a prescribed category.

(4) The director may reimburse a victim, an immediate family member or a witness for expenses that, before the director's decision is made in respect of an application, were reasonably and necessarily incurred to obtain an item or service that the victim, immediate family member or witness is awarded as a benefit under subsection (1), (2) or (3).

(5) If a benefit referred to in subsection (1) (c) is awarded to a victim, the director may provide that benefit to the legal guardian of the child on the death of the victim and on the request of that legal guardian.

(6) If the director provides a benefit to a guardian under subsection (5), that guardian is deemed to have the rights and responsibilities under this Act of a victim who made an application under section 3 (1) for a benefit referred to in subsection (1) (c).

(7) The director may provide an award of a benefit

(a) as a payment, or

(b) as a service

and, for the purpose of paragraph (b), may make a payment to a service provider to provide the benefit.

(8) The director may postpone a decision with respect to an application under section 3 (1)

(a) until the victim, immediate family member or witness has applied for any amounts or services the victim, immediate family member or witness may be eligible for on account of the death or injury of the victim

(i) under a prescribed enactment of British Columbia or Canada,

(ii) from a prescribed source, or

(iii) under an enactment of another jurisdiction, or

(b) until the rights of the victim, immediate family member or witness in relation to an application referred to in paragraph (a) are determined and no appeal or further appeal is available from that determination.

Criminal law matters respecting the death or injury

5 (1) A benefit may be awarded whether or not any person is prosecuted for an offence in relation to the victim's death or injury.

(2) For the purposes of this Act, a person is deemed to have intended an act or omission that causes a death or injury whether or not the person is legally capable of forming intent.

(3) The director may postpone a decision with respect to an application under section 3 (1) until a prosecution or intended prosecution of an accused in relation to the death or injury of the victim is determined and no appeal or further appeal is available.

(4) For the purposes of this Act, proof that a person has been convicted, discharged under section 730 of the Criminal Code or found to be not criminally responsible on account of mental disorder for an offence in relation to the victim's death or injury, and that no appeal or further appeal of that verdict is available, is conclusive evidence that the offence was committed.

Information and verification

6 (1) For the purposes of determining whether a victim, an immediate family member or a witness is eligible for a benefit and, if so, its form, amount or duration, the director may do one or more of the following:

(a) require the applicant to provide the director with the information, documents, statements or any other things the director considers necessary;

(b) require the applicant to disclose to the director any amounts that the victim, immediate family member or witness has received, may be eligible to receive or would have been eligible for under an enactment, or from a source, referred to in section 4 (8) (a);

(c) require the victim, immediate family member or witness to undergo an examination or assessment by a person identified by the director and who is a medical practitioner, health professional of a prescribed category or another expert;

(d) require a medical practitioner, a health professional of a prescribed category or any other expert to provide a report to the applicant or the director;

(e) seek verification of information provided by the applicant and require the applicant to provide the information or consent necessary for that verification;

(f) require a police force referred to in section 1.1 of the Police Act to provide

(i) copies of a police incident report or a report to Crown Counsel, or

(ii) a report in a prescribed form

related to the prescribed offence or the event that caused the death or injury of the victim.

(2) A medical practitioner, a health professional or an expert referred to in subsection (1) (d) must provide the report required by the director in the prescribed manner and time.

(3) The director may pay a person referred to in subsection (1) (d) or a police force referred to in subsection (1) (f) the prescribed fee for a report and that person or police force must provide the required report to the applicant or the director without charge to the applicant.

(4) For the purposes of subsection (1), the director may accept and consider any information, document, statement, report or other thing that the director considers may be of assistance, whether or not it would be admissible as evidence in a court of law.

(5) If an applicant fails to comply with a requirement under subsection (1) (a), (b) or (e), or a victim, immediate family member or witness fails to comply with a requirement under subsection (1) (c), the director may declare that the victim, immediate family member or witness by or for whom the application under section 3 (1) was made is ineligible for any benefit until the requirement is satisfied.

Interim benefit

7 (1) Despite section 4 (1), (2) or (3), the director may provide a benefit or a part of a benefit on an interim basis if satisfied that

(a) the applicant is making reasonable efforts to ensure that anything required by the director under section 6 (1) is provided,

(b) the victim, immediate family member or witness is likely to be awarded the benefit, and

(c) the victim, immediate family member or witness will suffer hardship if there is a delay in providing all or part of the benefit.

(2) If a victim, an immediate family member or a witness is not eligible for a benefit that was provided on an interim basis under subsection (1), the cost or value of the benefit provided, in the absence of fraud or misrepresentation, is not recoverable from that victim, immediate family member or witness.

(3) A request for a reconsideration under section 13 (1) may not be made with respect to a decision under subsection (1).

Assignments of amounts owing under judgment or settlement

8 (1) In this section, "judgment" or "settlement" means

(a) a judgment in or a settlement of a legal action taken by a victim, an immediate family member, a witness or a legal representative against a person for damages arising out of the prescribed offence or event that resulted in the death or injury of the victim, or

(b) an amount ordered under section 738 of the Criminal Code to be paid to the victim as restitution with respect to the injury to the victim or damage to the victim's personal property as a result of the prescribed offence or event that resulted in the victim's injury.

(2) Before or after providing a benefit, the director may require that the victim, immediate family member, witness or legal representative assign to the director in the prescribed form all or part of any right of the victim, immediate family member or witness

(a) to receive payment of an amount owing under a judgment or settlement, or

(b) to enforce a judgment or settlement

whether the judgment is given or filed, or the settlement agreed to, before or after the making of the assignment.

(3) The amount that may be recovered under an assignment referred to in subsection (2)

(a) with respect to a judgment that identifies the amount of damages or restitution in different categories, is the cost or value of benefits provided that have the same or similar purposes as the categories of damages or restitution identified, or

(b) with respect to a settlement or judgment that provides a global assessment of damages, is the cost or value of the benefits provided.

Refusal or reduction of benefits

9 (1) The director must not award a benefit

(a) to a victim or an immediate family member if the victim is a party to the prescribed offence, or

(b) to an immediate family member or a witness if the immediate family member or witness is a party to the prescribed offence.

(2) Subject to the regulations, the director may refuse to provide, or reduce the amount of, a benefit awarded to a person if, in the opinion of the director, the conduct of that person directly or indirectly contributed to the victim's death or injury.

(3) Subject to the regulations, the director may refuse to provide, or reduce the amount of, a benefit awarded to

(a) the victim if the victim did not make a report to the appropriate law enforcement authority respecting the prescribed offence or the event that resulted in the injury, or

(b) the victim, an immediate family member or a witness if

(i) that victim,

(ii) that immediate family member, or

(iii) that witness

has not cooperated with law enforcement authorities in the investigation, apprehension or prosecution of a person whose act or omission resulted in the victim's death or injury.

(4) The director must not award a benefit to a victim, an immediate family member or a witness if the benefit would be awarded for the same or a similar purpose as an amount or a service that the victim, immediate family member or witness

(a) has received, will receive or would have been eligible for under an enactment, or from a source, referred to in section 4 (8) (a), as a result of the death or injury of the victim,

(b) has received under a judgment or settlement defined in section 8 (1), or

(c) has received as restitution, compensation or indemnification in respect of the death or injury of the victim from a source not referred to in paragraph (a) or (b).

Payment of benefits to legal representative

10 (1) If the director awards a benefit to an adult for whom a legal representative made an application, any benefit provided as a payment must be paid in trust for the adult to that legal representative.

(2) If the director has concerns at any time about the ability of a person to manage a benefit provided as a payment, the director may pay the amount of the benefit to the Public Guardian and Trustee in trust for the victim, immediate family member or witness to or for whom the benefit was awarded.

Notice of decision

11 (1) The director must deliver to the applicant written notice of

(a) any decision for which a request for a reconsideration may be made under section 13 (1),

(b) the reasons for that decision, and

(c) the applicant's right under section 13 (1) to request that the director reconsider the decision.

(2) Subsection (1) does not apply with respect to a decision under section 7 about whether to provide a benefit on an interim basis.

Effect of additional information, change in circumstances or new information

12 (1) If information comes to the attention of the director that the director is satisfied affects a person's eligibility for a benefit, the director, at any time, may reopen the decision in respect of that person and vary or rescind it, effective from the date the director considers appropriate in the circumstances.

(2) Until a person has received all the benefits to which he or she is entitled under an award, the person or the person's legal representative must notify the director in the prescribed manner and time of any change in prescribed circumstances.

(3) An applicant, or a person for whom an application under section 3 (1) has been made, may at any time provide the director with new information that may affect the eligibility for a benefit of the person by or for whom the application was made.

Part 3 -- Reconsideration

Request for reconsideration

13 (1) A victim, an immediate family member, a witness or a person referred to in section 3 (1) (d) may request the director to reconsider any of the following decisions:

(a) refusing to

(i) allow the exemption described in section 3 (4) from the time for application under section 3 (2), or

(ii) extend the time for application under section 3 (5);

(b) refusing to award a benefit or vary a benefit;

(c) setting the amount or duration of a benefit awarded;

(d) refusing to reopen a decision under section 12;

(e) varying or rescinding a decision reopened under section 12;

(f) determining the amount a person is liable to repay under section 23 (1).

(2) A request under subsection (1) must

(a) be in writing,

(b) be delivered to the director within 60 days from the date that notice of the decision was delivered under section 11, and

(c) identify

(i) the decision to be reconsidered, and

(ii) the error the person who makes the request believes was made in coming to the decision.

(3) The director may extend the time limit for making the request if satisfied on application that a request for a reconsideration could not reasonably have been delivered within the period specified in subsection (2) (b).

(4) If a person does not request a reconsideration within the time limit provided in subsection (2) (b) or, if an extension has been granted under subsection (3), within the time limit under that subsection,

(a) the applicant is deemed to have accepted the decision, and

(b) subject to section 12, the decision is final and conclusive and is not open to review in a court or to appeal to any body.

Conduct of reconsideration

14 (1) On receiving a request for reconsideration in accordance with section 13, the director must do one of the following:

(a) if the director did not make the decision that is to be reconsidered, reconsider the decision;

(b) delegate the reconsideration to one or more public service employees who did not participate in the decision that is to be reconsidered.

(2) A person reconsidering a decision must consider only the material that was considered in making that decision and that person may

(a) confirm the decision,

(b) vary or rescind the decision, effective from the date of the decision, or

(c) dismiss the request if he or she considers it to be frivolous or vexatious.

(3) The director must deliver to the person who requested the reconsideration written notice of

(a) the decision made in response to the request, and

(b) the reasons for that decision.

(4) Subject to section 12, a decision under subsection (2) is final and conclusive and is not open

(a) to review in a court, except on a question of law or excess of jurisdiction, or

(b) to appeal to any body.

Part 4 -- Action for Damages

Legal action by victim, immediate family member or witness

15 (1) If, after the date an application is made under section 3 (1) and before an action has been commenced under section 16 (1), a victim, an immediate family member, a witness or a legal representative commences an action against any person arising out of the prescribed offence or the event that resulted in the death or injury of the victim, a copy of the writ of summons must be delivered to the director within 10 days after the date that writ was served on the defendant in the action.

(2) Subject to section 16 (3), the amount that the victim, immediate family member or witness may claim as damages in an action referred to in subsection (1) of this section is not reduced by the cost or value of a benefit provided or that may be provided under this Act.

(3) A settlement or release in respect of an action referred to in subsection (1) of this section that is made or given after the date a benefit is provided to or for the victim, immediate family member or witness in respect of whom the action was commenced does not bar the right of the director under section 16 (1) unless the director concurred in the settlement or release.

Legal action by the director

16 (1) The director may bring an action against any person arising out of the prescribed offence or the event that resulted in the death or injury of the victim in the name of the Director of Crime Victim Assistance if a benefit has been provided to or for the victim, immediate family member or witness, and

(a) no action referred to in section 15 (1) has been commenced by that victim, immediate family member or witness, or

(b) an action referred to in section 15 (1) has been commenced by the victim, immediate family member or witness and, without the concurrence of the director, a settlement was agreed to or a release was given in respect of the action after the date a benefit was provided under this Act.

(2) If the director commences an action under subsection (1), the director may claim and is deemed to be an assignee of, and is subrogated to, the rights of the victim, immediate family member or witness to damages in the action equal to the cost or value of the benefits provided, or that will be provided, under an award in the same or a similar category of benefits as the damages that may be claimed in the action.

(3) If the director commences an action under subsection (1), the amount that a victim, immediate family member or witness may claim in an action referred to in section 15 (1) that is commenced after the date that the director's action is commenced is reduced by the amount claimed by the director under subsection (2).

(4) If the director commences an action under subsection (1), the director must deliver to the victim, immediate family member, witness or legal representative a copy of the writ of summons within 10 days after it is served on the defendant in the action, and the victim, immediate family member, witness or legal representative must cooperate with the director as required in prosecuting the action.

(5) If a person fails to cooperate with the director as required under subsection (4), the director may suspend or rescind the decision with respect to the award, or reduce the award, to the victim, immediate family member or witness.

(6) If the director commences an action under this section, the court may award costs to the government.

Distribution of proceeds from an action

17 If the director brings an action referred to in section 16 (1), the amount recovered in the action from the defendant must be applied

(a) first, to pay the costs of bringing the action, including the costs of execution,

(b) second, to repayment of the amount claimed under section 16 (2), and

(c) third, to the victim, immediate family member or witness.

Part 5 -- General Provisions

Director

18 (1) The minister may designate a public service employee as Director of Crime Victim Assistance.

(2) Subject to section 14 (1) (b), the director may delegate to any person, agency or body any power, duty or function of the director under this Act.

Offences

19 (1) A person must not make a false or misleading statement or provide false or misleading information in respect of an application or requirement to provide information under this Act.

(2) A person commits an offence who contravenes

(a) subsection (1), or

(b) section 12 (2).

(3) A person does not commit an offence under subsection (2) (a) if, at the time the statement was made or the information was provided, the person did not know, and with the exercise of reasonable diligence could not have known, that the statement or information was false or misleading.

(4) If a person is convicted of an offence under this section, in addition to a penalty that may be imposed under the Offence Act, the court may order the person to pay the government all or part of the cost of any benefit, including an interim benefit under section 7, the director provided to the person,

(a) in the case of an offence under subsection (2) (a), in response to the application or the information, and

(b) in the case of an offence under subsection (2) (b), from the date the person was required to report the change in circumstances.

Other provisions relating to offences

20 (1) Section 5 of the Offence Act does not apply in respect of this Act or the regulations.

(2) The time limit for laying an information respecting an offence under this Act is 2 years after the facts on which the information is based first come to the knowledge of the director.

(3) A certificate purporting to have been issued by the director certifying the day on which he or she became aware of the facts on which an information is based is admissible without proof of the signature or official character of the person appearing to have signed the document, and is proof of the certified facts unless there is evidence to the contrary.

No garnishment of benefit

21 (1) A benefit paid or payable under this Act is not subject to garnishment, attachment, seizure or another legal process except as authorized under the Family Maintenance Enforcement Act.

(2) A benefit paid or payable under this Act is not assignable except for the purpose of paying child or spousal maintenance or support.

Information-sharing agreements

22 (1) In this section, "information-sharing agreement" means an agreement or arrangement to exchange, by electronic data transmission, electronic data matching or any other means, personal information about a victim, immediate family member or witness for the purpose of the administration of this Act.

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into an information-sharing agreement with

(a) the government of Canada or an agency of that government, or

(b) a public body as defined in the Freedom of Information and Protection of Privacy Act.

(3) Personal information obtained under an information-sharing agreement may only be used or disclosed for the purpose for which it was obtained.

(4) The Lieutenant Governor in Council may prescribe terms and conditions that are to be included in information-sharing agreements.

Overpayments, repayments and assignments

23 (1) If under section 12 or 14 a person is determined to have been entitled to benefits, the cost or value of which is less than the cost or value of benefits provided to the person, other than under section 7, that person is liable to repay to the government the cost or value of the benefits to which the person was not entitled, as determined by the director.

(2) Subject to the regulations, the director may enter into an agreement, or may accept any right assigned, for the repayment of benefits.

(3) An amount that a person is liable to repay under subsection (1) or under an agreement entered into under subsection (2) is a debt due to the government and may

(a) be recovered by it in a court of competent jurisdiction, or

(b) be deducted by it from any subsequent payment of a benefit.

Delivery

24 Anything that is delivered by mail under this Act is deemed to have been delivered on the 14th day after the date it is mailed.

Appropriation

25 Money required before April 1, 2002 for the purpose of providing benefits under this Act may be paid out of the consolidated revenue fund without any appropriation other than this section.

Power to make regulations

26 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing forms for application, reporting or assignments or for any other purpose for which under this Act a prescribed form is to be used;

(b) prescribing offences under the Criminal Code for the purposes of section 3 (1) (a) (i);

(c) prescribing additional categories of benefits for the purposes of section 4 (1) (k), (2) (g) or (3) (b);

(d) prescribing items of personal property for the purpose of section 4 (1) (j);

(e) prescribing enactments and sources of income for the purposes of section 4 (8) (a);

(f) prescribing categories of health professionals for the purposes of section 6 (1) (c) and (d);

(g) prescribing the manner and time for providing information or reports for the purposes of section 6 (2);

(h) establishing a tariff of fees that the director may pay to medical practitioners, health professionals, other experts or police forces for information and reports provided under the Act;

(i) prescribing the manner and time of reporting a change in circumstances under section 12 (2);

(j) prescribing circumstances for the purposes of section 12 (2);

(k) specifying the items composing each category of benefits and the amount or cost for each item;

(l) establishing categories of victims, immediate family members or witnesses, which, without limitation, may relate to

(i) duration of cohabitation, or

(ii) the effect of a pre-existing physical or psychological condition;

(m) governing eligibility for categories or items of benefits;

(n) specifying the form or amount of, or the manner of providing, a benefit that may be awarded to a victim, immediate family member, witness or a category of victim, immediate family member or witness;

(o) setting limits on the amount or duration of a benefit;

(p) specifying the conditions under which a benefit may be provided and the consequences of failing to comply with those conditions;

(q) prescribing circumstances in which the director may refuse a benefit or reduce a benefit for the purpose of section 9 (2) or (3);

(r) governing repayment agreements and assignments under the Act;

(s) prescribing categories of persons for the purpose of section 3 (1) (d) (ii);

(t) respecting the provision of benefits to persons who have not reached 19 years of age;

(u) defining any word or expression used but not defined in this Act.

(3) A regulation under subsection (2) may specify

(a) different benefits, or benefits in different forms or amounts, for victims, immediate family members or witnesses or members of different categories of victims, immediate family members or witnesses, or

(b) different eligibility requirements for victims, immediate family members or witnesses or different categories of victims, immediate family members or witnesses.

(4) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) adjusting the amount, duration or frequency, by increasing, decreasing or capping, or

(b) altering the category

of any compensation awarded under the former Act.

Part 6 -- Transitional and Consequential Provisions

Transition from the former Act: general rule

27 Subject to section 28 or 29 or a regulation made under section 26 (4) or 30 of this Act, sections 35 and 36 (1) of the Interpretation Act apply to all matters affected by the repeal of the former Act and its replacement by this Act.

Proceeding begun and not completed under the former Act

28 (1) If, before the date section 2 (1) of the former Act is repealed, an application is made for compensation under it, the application must be considered and a decision made under that Act.

(2) If a decision is made under the former Act and a request is made under section 22 (3) of that Act before the date section 31 (a) of this Act comes into force, the appeal must be conducted and concluded under that Act.

(3) If a decision is made under the former Act and no request has been made under section 22 (3) of that Act before the date section 31 (a) of this Act comes into force, any reconsideration of the decision must be made in accordance with the procedures set out in this Act or the regulations and no further appeal is available.

Awards of compensation under the former Act

29 Subject to a regulation under section 26 (4), and to section 28 (1) and (2), an award of compensation made under the former Act is deemed, from the date section 2 comes into force, to be an award of benefits made under section 4 and the recipient of that award is deemed to be a person who made an application under section 3 (1).

Transitional regulations

30 Without limiting section 26 (1), the Lieutenant Governor in Council may make regulations respecting any matters that, in the opinion of the Lieutenant Governor in Council, are insufficiently provided for, or not provided for, in sections 27 to 29 and that are necessary for the orderly transition from the application of the former Act to its replacement by this Act.


Consequential Amendments


Criminal Injury Compensation Act

31 The Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended

(a) in section 22 (3) by striking out "Attorney General," and substituting "Attorney General received before the date sections 13 and 14 of the Crime Victim Assistance Act comes into force,", and

(b) in section 26 by striking out "July 1, 1972." and substituting "July 1, 1972 and for which an application is made before the date section 2 of the Crime Victim Assistance Act comes into force."

32 The Criminal Injury Compensation Act is repealed by regulation of the Lieutenant Governor in Council.


Freedom of Information and Protection of Privacy Act

33 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out the following:

Public Body :

Criminal Injury Compensation Section of the Workers' Compensation Board

Head:

Chair .


Victims of Crime Act

34 Section 5 (d) of the Victims of Crime Act, R.S.B.C. 1996, c. 478, is repealed and the following substituted:

(d) the Crime Victim Assistance Act, and .


Workers Compensation Act

35 Section 83.1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(a) in subsection (1) by striking out "under this Act and the Criminal Injury Compensation Act", and

(b) in subsection (3) (b) by striking out "of this Act and section 20 (2) to (4) of the Criminal Injury Compensation Act".

Commencement

36 This Act comes into force by regulation of the Lieutenant Governor in Council.


Explanatory Note

The purpose of this Bill is to repeal and replace the Criminal Injury Compensation Act with a new program model of criminal injury assistance in British Columbia. The administration of the program is moved from the Workers' Compensation Board to the Ministry of Public Safety and Solicitor General. Some categories of compensation are eliminated and replaced with other categories of benefits.


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