Bill 208 — Criminal Compensation Intercept Act (Legislature 20, Session 2)

L20 S2 3574

Alberta — Bills

1984 BILL Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL CRIMINAL COMPENSATION INTERCEPT ACT MR. R. SPEAKER First Reading Second Reading Committee of the Whole Third Reading Royal Assent BiU Mr. R. Speaker BILL CRIMINAL COMPENSATION INTERCEPT ACT (Assented to , 1984) Damages ordered lo be compensation Certificate of compensation HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "compensation" means money that has been ordered to be paid by a defendant to any person by a Court as damages arising from

an act in respect of which the defendant has been convicted of an offence under the Criminal Code (Canada), restitution ordered by a Court pursuant to the Criminal Code (Canada), or damages ordered to be treated as compensation pursuant to

section 2; (b) ' 'defendant'' means a person who has been ordered to pay damages for

an act for which he has also been convicted of an offence under the Criminal Code (Canada) or who has been ordered to pay restitution pursuant to the Criminal Code (Canada); (c) "provincial grant" means any money due or to be paid by Her Majesty in right of Alberta, by way of payment, grant, refund, allowance or on any other basis, to a defendant. 2 Where a person has been awarded damages but the act in respect of which the award was made has not been the subject of a criminal prosecution, the person who has been awarded the damages may apply to the Court for an order that the damages be treated as com pensation for the purposes of this Act and the Court may so order if it is satisfied that the act was one in respect of which a criminal prosecution could have been commenced. 3(1) Where compensation has been due and owing for more than 60 days, the person to whom it is owed may send a certificate or that fact in the prescribed form to the Provincial Treasurer, and a request that all or any provincial grants to the defendant be intercepted to pay the compensation.

Appeal

(2) A copy of a certificate made pursuant to subsection (

I) shall be served on the defendant personally or by ordinary mail at his last known address.

(3) A certificate shall include: (

a) the full name and the last known address of the defendant; (

b) a copy of the judgement or order whereby the defendant owed the compensation. 4(1) The defendant may, within 30 days of the service of the certificate on him, appeal the interception of the provincial grant to the Provincial Court on the grounds that (

a) he is not liable for the compensation, or (

b) the interception of the provincial grant would cause undue hardship, and the Court shall determine whether or not the Provincial Treasurer may order that the provincial grant be intercepted.

(2) The defendant shall at the same time give notice of his appeal to the Provincial Treasurer. 5 At any time more than 30 days after service of the certificate on the defendant if no appeal has commenced pursuant to

section 4, or if it has been commenced, after it has been decided against the defendant, the Provincial Treasurer may order that any provincial grant due or to be paid to the defendant be intercepted and paid instead to the person to whom the compensation is payable, up to the amount of the compensation due to him. Binds the Crown g This Act bluds thc Crown.

Intercept Reciprocal agreements The Provincial Treasurer may enter into agreements with the Government of Canada or any government of a province which enacts similar legislation, to provide for reciprocal interception of grants payable in other jurisdictions and for the recovery of compensation arising in other jurisdictions, on the same or similar terms as in this Act. Compensation Coming into force The Provincial Treasurer may make regulations, prescribing forms and procedures to fulfill the intent of this Act. 9 This Act comes into force on Proclamation.

Title: 1984 (20th, 2nd) Bill 208, Criminal Compensation Intercept Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3574
Type	bill
Volume / chapter	L20 S2 3574
Language	en
Format	json
Source	PROVINCIAL
Identifier	22c78aa9208f3a0d369eb9fe91920f1ad00e5b35

Source file is stored in the law ingest library (json).