Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 60, No. 23

226/2017

The British Columbia Gazette,

Part II

December 19, 2017

B.C. Reg. 226/2017 , deposited December 12, 2017, under the CRIME VICTIM ASSISTANCE ACT [section 26]. Order in Council 544/2017, approved and ordered December 12, 2017.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Crime Victim Assistance (General) Regulation, B.C. Reg. 161/2002, is amended as set out in the attached Schedule.

— M. FARNWORTH, Minister of Public Safety and Solicitor General ; M. MARK, Presiding Member of the Executive Council .

Schedule

1 The definition of “legal proceedings” in

section 1 of the Crime Victim Assistance (General) Regulation, B.C. Reg. 161/2002, is amended

(

a) by striking out “ that are held or conducted in British Columbia ”, and

(

b) by adding the following paragraph:

(

g) an investigation or inquest conducted under the Coroners Act , .

Section 11 is amended

(

a) by repealing subsection (3) and substituting the following:

(3) The director may award a victim one or both of the following:

(

a) up to 48 one hour counselling sessions;

(

b) up to 24 one hour counselling sessions to be used subject to subsection (3.1).

(3.1) Counselling sessions awarded under subsection (3) (

b) may be used only as follows:

(

a) the sessions may be used only in relation to a legal proceeding conducted in respect of an eligible offence, unless the director is satisfied that the legal proceeding is sufficiently similar or related to an eligible offence that counselling sessions are reasonable and necessary in the circumstances;

(

b) the sessions may be awarded in respect of, and used only during, the period that

(

i) begins on the date that the legal proceeding is commenced, and

(ii) ends on the date that is 18 months after that legal proceeding is concluded or terminated;

(

c) the sessions may be used in relation to more than one legal proceeding only

(

i) if each legal proceeding relates to the same eligible offence or the same similar or related proceeding, and

(ii) until the number of counselling sessions awarded is reached.

(3.2) For greater certainty,

(

a) counselling sessions may be awarded under subsection (3) (

b) whether or not the victim attends any of the legal proceedings,

(

b) the director may determine when a legal proceeding commences, concludes or terminates, and

(

c) if subsection (3.1) (

c) applies, the period described in subsection (3.1) (

b) applies in respect of each legal proceeding. , and

(

b) in subsection (4) by striking out “ more than 48 counselling sessions to the victim ” and substituting “ more counselling sessions to the victim than the number of sessions permitted under subsection (3) (a) ”.

Section 20 is amended

(

a) by repealing subsection (3) and substituting the following:

(3) The director may award an immediate family member one or both of the following:

(

a) up to 36 one hour counselling sessions;

(

b) up to 18 one hour counselling sessions to be used subject to subsection (3.1).

(3.1) Counselling sessions awarded under subsection (3) (

b) may be used only as follows:

(

a) the sessions may be used only in relation to a legal proceeding conducted in respect of an eligible offence, unless the director is satisfied that the legal proceeding is sufficiently similar or related to an eligible offence that counselling sessions are reasonable and necessary in the circumstances;

(

b) the sessions may be awarded in respect of, and used only during, the period that

(

i) begins on the date that the legal proceeding is commenced, and

(ii) ends on the date that is 18 months after that legal proceeding is concluded or terminated;

(

c) the sessions may be used in relation to more than one legal proceeding only

(

i) if each legal proceeding relates to the same eligible offence or the same similar or related proceeding, and

(ii) until the number of counselling sessions awarded is reached.

(3.2) For greater certainty,

(

a) counselling sessions may be awarded under subsection (3) (

b) whether or not the immediate family member attends any of the legal proceedings,

(

b) the director may determine when a legal proceeding commences, concludes or terminates, and

(

c) if subsection (3.1) (

c) applies, the period described in subsection (3.1) (

b) applies in respect of each legal proceeding. , and

(

b) in subsection (4) by striking out “ more than 36 counselling sessions to the immediate family member ” and substituting “ more counselling sessions to the immediate family member than the number of sessions permitted under subsection (3) (a) ”.

Section 29 is amended

(

a) by repealing subsection (3) and substituting the following:

(3) The director may award a witness one or both of the following:

(

a) up to 12 one hour counselling sessions;

(

b) up to 12 one hour counselling sessions to be used subject to subsection (3.1).

(3.1) Counselling sessions awarded under subsection (3) (

b) may be used only as follows:

(

a) the sessions may be used only in relation to a legal proceeding conducted in respect of an eligible offence, unless the director is satisfied that the legal proceeding is sufficiently similar or related to an eligible offence that counselling sessions are reasonable and necessary in the circumstances;

(

b) the sessions may be awarded in respect of, and used only during, the period that

(

i) begins on the date that the legal proceeding is commenced, and

(ii) ends on the date that is 18 months after that legal proceeding is concluded or terminated;

(

c) the sessions may be used in relation to more than one legal proceeding only

(

i) if each legal proceeding relates to the same eligible offence or the same similar or related proceeding, and

(ii) until the number of counselling sessions awarded is reached.

(3.2) For greater certainty,

(

a) counselling sessions may be awarded under subsection (3) (

b) whether or not the witness attends any of the legal proceedings,

(

b) the director may determine when a legal proceeding commences, concludes or terminates, and

(

c) if subsection (3.1) (

c) applies, the period described in subsection (3.1) (

b) applies in respect of each legal proceeding. , and

(

b) in subsection (4) by striking out “ more than 12 counselling sessions to the witness ” and substituting “ more counselling sessions to the witness than the number of sessions permitted under subsection (3) (a) ”.

Copyright © 2017: Queen's Printer, Victoria, British Columbia, Canada