Bill 33 (Legislature 23, Session 4)

L23 S4 1156

Alberta — Bills

1996 BILL 33 Fourth Session, 23rd Legislature, 45 E lizabeth II THE LE GISLA TIVE A SSE MBLY OF A LBE RTA B ILL 33 VIC TIM S O F C R IM E A C T THE MINISTE R OF JUSTICE A ND A TTORNE Y GE NE RA L First Reading Second Reading Committee of the Whole Third Reading Royal A ssent

BILL 33 1996 VIC TIM S O F C R IM E A C T (Assented to ,1996) Table of Contents D efinitions 1 Principles 2 D irector 3 Information 4 Committee 5 D uties of the Committee 5 A ppeal Board 7 Surcharge 8 Fund 9 Use of Fund 10 Grants 11 E ligibility for financial benefits 12 D etermining financial benefits 13 A ppeals 14 Payments 15 False statements 16 Regulations 17 Cause of action not created 18 Transitional 19 Consequential 20 Repeal 21 Coming into force 22 HE R MA JE STY, by and with the advice and consent of the Legislative A ssembly of A lberta, enacts as follows:

Definitions 1 In this A ct, (a) “A ppeal Board” means the Criminal Injuries A ppeal Board established under

section 7; (b) “child” includes an illegitimate child: 1

(c) “cohabitant” means a common law spouse of the opposite sex who cohabited with the victim for (

i) at least the 5 years immediately preceding the victim’s death, or (ii) at least the 2 years immediately preceding the victim’s death, if there is a child of the common law relationship; (d) “Committee” means the Victims of Crime Programs Committee established under

section 5; (e) “dependant” means a spouse, cohabitant, child or other relative of a victim who was, in whole or in part, dependent on the income of the victim at the time of the victim’s death and includes a child of the victim bom after the victim’s death; (f) “D irector” means the D irector designated under

section 3; (g) “enactment” means any A ct, regulation, order or by-law enacted in relation to any matter over which the Legislature has legislative authority; (h) “Fund” means the Victims of Crime Fund; (i) “fine” includes a specified penalty; (j) “Minister” means the Minister determined under

section 16 of the G overnm ent O rganization Act as the Minister responsible for this A ct; (k) “victim” means (

i) with respect to financial benefits, a person who is injured or dies as a direct result of

an act or omission described in

section 12(1), and (ii) with respect to a program, a person who suffers a loss or injury as the result of the commission of an offence. Principles 2(1) The following principles apply to the treatment of victims: (

a) victims should be treated with courtesy and compassion and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement in the criminal justice system; 2

(

b) victims should promptly receive, in accordance with this A ct and the regulations, financial benefits for the injuries that they have suffered; (

c) information should be made available to victims about their participation in criminal proceedings and scheduling, progress and ultimate disposition of the proceedings; (

d) where appropriate, the views and concerns of victims should be considered and appropriate assistance provided throughout the criminal process; (

e) if the personal interests of victims are affected, the views or concerns of the victims should be brought to the attention of the court, where appropriate and consistent with criminal law and procedure; (

f) measures should be taken when necessary to ensure the safety of victims and their families and to protect them from intimidation and retaliation; (

g) victims should be informed of the availability of relevant services.

(2) Victims should report the crime and co-operate with law enforcement authorities. Director 3(1) The Minister may designate an employee under the administration of the Minister as the D irector to carry out the duties and functions of the D irector under this A ct.

(2) The duties and functions of the D irector include (

a) providing victims and their dependants with general information concerning (

i) the structure and operation of the justice system, (ii) victim services, and (iii) this A ct, (

b) on request by victims who feel they have not been treated in accordance with the principles of this A ct, providing information on how to resolve their concerns, (

c) in accordance with

section 13, evaluating applications for and making decisions respecting eligibility for financial benefits, and 3

(

d) any other duties assigned by the Minister.

(3) The D irector may delegate his duties to an employee under the administration of the Minister. Information 4(1) Subject to the limits imposed by the availability of resources, enactments, including the Young O ffenders Act and the Young O ffenders Act (Canada), and other limits that are reasonable in the circumstances of each case, a victim, on request and at the earliest opportunity, is to be provided with information by the person or agency that has the information with respect to the case, on (

a) the status of the police investigation and any prosecution that results from that investigation, if the information does not harm a law enforcement matter nor harm investigative techniques and procedures currently used, or likely to be used, in law enforcement; (

b) the role of the victim and of the other persons involved in the prosecution of the offence; (

c) court procedures; (

d) any opportunity for the victim to make representations to the court on the impact of the offence on the victim.

(2) For the purposes of this section, “victim” in relation to an offence means a person to whom harm has been done or who suffers physical or emotional loss as a result of the commission of the offence and, if the person is dead, ill or otherwise incapable, includes the spouse, cohabitant or any relative of that person or anyone who has custody of that person in law or in fact or who is responsible for the care or support of that person. Committee 5(1) A Victims of Crime Programs Committee is established consisting of at least 3 but not more than 5 members appointed by the Minister.

(2) The Minister may designate one of the members of the Committee to chair the Committee.

(3) Members of the Committee who are not employees of the Government may be paid remuneration, and may receive reasonable travelling and living expenses while away from their ordinary places of residence in the course of their duties as members of the Committee, at rates prescribed by the Minister. 4

Duties of the Committee 6 A t the request of the D irector, the Committee is to (

a) evaluate applications for grants for programs, (

b) provide information with respect to programs and services that assist victims, and (

c) undertake other duties related to the administration of this A ct. Appeal Board 7(1) A Criminal Injuries A ppeal Board is established consisting of up to 3 members appointed by the Minister, one of whom must be a physician.

(2) The Minister may designate one of the members of the A ppeal Board to chair the A ppeal Board.

(3) Members of the A ppeal Board who are not employees of the Government may be paid remuneration, and may receive reasonable travelling and living expenses while away from their ordinary places of residence in the course of their duties as members of the A ppeal Board, at rates prescribed by the Minister.

(4) The quorum of the A ppeal Board is 2 members. Surcharge 8(1) If a fine is imposed on a person who is convicted of an offence under an enactment, the person must pay a surcharge unless (

a) the offence is a contravention of a municipal by-law or a Metis settlement by-law, or (

b) the offence is excluded from the application of this

section by the regulations.

(2) The amount of a surcharge is the amount provided for in the regulations.

(3) The surcharge may be collected in the same manner as a fine.

(4) Notwithstanding any other enactment, any payment made by or on behalf of a person convicted of an offence is to be applied first to payment in full of the surcharge.

(5) Notwithstanding any other enactment, the proceeds of the surcharge must be deposited in the Fund.

(6) Section 34(1) of the Corrections Act and

section 718.1 of the Crim inal Code (Canada) do not apply to a surcharge. 5

Fund 9(1) The Victims’ Programs A ssistance Fund is continued as the “Victims of Crime Fund”.

(2) The following must be deposited into the Fund: (

a) money from victim fine surcharges collected in A lberta pursuant to

section 727.9 of the Crim inal Code (Canada) directed by the Lieutenant Governor in Council to be paid into the Fund; (

b) money collected from surcharges under this A ct; (

c) money received by the Crown for the purpose of assisting victims; (

d) money appropriated by the Legislature for the purposes of the Fund; (

e) subject to

section 19(2), money received as repayment of a financial benefit under this A ct; (

f) money received as repayment of a grant under this A ct; (

g) money received as repayment of a financial benefit that is a debt due to the Crown pursuant to

section 16(3); (

h) money payable to the Crown in right of A lberta under an agreement with the Crown in right of Canada respecting assistance to victims that is approved by the Minister for deposit in the Fund.

(3) The Provincial Treasurer holds and administers the Fund.

(4) The income of the Fund accrues to and forms part of the Fund.

(5) The Provincial Treasurer may be designated as a depositor in a Consolidated Cash Investment Trust Fund on behalf of the Fund. Use of Fund 10(1) The Minister may, in accordance with this A ct and the regulations, request that payments be made from the Fund (

a) for grants under

section 11; (

b) for costs incurred by the Committee and A ppeal Board in carrying out their duties under this A ct; (

c) for remuneration and expenses payable to the members of the Committee and the A ppeal Board; 6

(

d) for financial benefits payable pursuant to sections 13 15 and 19(3); (

e) to pay the costs of administering this A ct.

(2) The Provincial Treasurer may, at the request of the Minister under subsection (1) made on reasonable notice, pay money from the Fund in accordance with the request. Grants 11 The Minister may, in accordance with the regulations and on the recommendation of the Committee, make grants with respect to programs that benefit victims of crime. Eligibility for financial benefits 12(1) Subject to subsection (4), (

a) a victim in respect of the victim’s injury, or (

b) a dependant in respect of a victim’s death, may, in accordance with the regulations, apply to the D irector for financial benefits if the injury or death was the direct result of

an act or omission that occurred in A lberta and is one of the offences under the Crim inal Code (Canada) specified in the regulations.

(2) A n application under subsection (1) (

a) must be made within one year of the date of the injury or death or within one year of the date when the victim becomes aware of or knows or ought to know the nature of the injuries and recognizes the effects of the injuries, and (

b) may be made only with respect to

an act or omission that was reported, within a reasonable time after it happened, to the appropriate law enforcement authority.

(3) Notwithstanding subsection (2)(a), the D irector may extend the period of time for making an application if in the opinion of the D irector it is appropriate to do so.

(4) The following are not eligible for financial benefits: (

a) a person who is convicted of a criminal offence arising from the events that resulted in the injury or death of the person; (

b) a peace officer whose injury or death occurs in the course of carrying out the duties of a peace officer; 7

(

c) a dependant of a person described in clause (

a) or (

b) unless the dependant is also a dependant of another person who is a victim as a result of the same events. Determining financial benefits 13(1) On receipt of an application for financial benefits, the D irector must determine, in accordance with this A ct and the regulations, whether financial benefits are payable and the amount of those financial benefits, if any.

(2) Subject to the regulations, for the purpose of determining the amount of financial benefits, the D irector may (

a) require the applicant to provide information respecting how the injuries were acquired and describing the injuries suffered by the victim or dependant resulting from the victim’s injury or death, and (

b) receive in evidence any statement, document, information or matter that, in the opinion of the D irector, may assist in dealing with the application, whether or not the statement, document, information or matter would be admissible as evidence in a court of law.

(3) In determining the amount of financial benefits, if any, to be paid to or on behalf of a victim or dependant, the D irector may, in accordance with the regulations, reduce the amount of the financial benefits if in the opinion of the D irector, subject to the regulations, the victim’s conduct directly or indirectly contributed to the victim’s injury or death.

(4) The D irector must (

a) give written notice of the determination under this

section to the applicant, and (

b) notify the applicant that the applicant may appeal the determination and may request that the appeal be in person or by written submission.

(5) The D irector's determination under this

section may be appealed to the A ppeal Board in accordance with the regulations. Appeals 14(1) The A ppeal Board must hear appeals with respect to the Director s determination of financial benefits and the review, variance or rescission of an order pursuant to

section 15.

(2) The A ppeal Board may, with respect to an application, review all matters submitted to the D irector and all evidence considered by 8

the D irector whether or not they would be admissible in a court of law.

(3) The A ppeal Board may (

a) request persons with special technical knowledge to advise the A ppeal Board on matters relevant to an appeal, and (

b) require an applicant to undergo a medical examination by a physician named or approved by the A ppeal Board.

(4) The A ppeal Board may (

a) rescind, confirm or vary the decision of the D irector as to eligibility for financial benefits under this A ct or under an order under the Crim inal Injuries Com pensation Act, and (

b) confirm the determination of the D irector or vary the determination of the D irector as to the amount of financial benefits, determined in accordance with the regulations under this A ct, by increasing or decreasing the amount to be paid.

(5) The decision of the A ppeal Board is final and there is no appeal from the decision except on a question of jurisdiction or on a question of law. Payments 15(1) Subject to subsection (2), if The Crimes Compensation Board under the Crim inal Injuries Com pensation Act made an order for the payment of compensation including periodic payments and all the payments ordered by that Board have not been paid, the Minister must, subject to there being sufficient money in the Fund, continue to make the payments, as financial benefits, as ordered by that Board.

(2) The D irector may, in accordance with this A ct, review and rescind, confirm or vary an order under the Crim inal Injuries Com pensation Act under which payments are paid or payable (

a) on an application by or on behalf of the person to whom or for whose benefit compensation is payable under the Crim inal Injuries Com pensation Act, or (

b) on the D irector’s own initiative.

(3) The D irector may impose any terms and conditions that the D irector considers appropriate on an order reviewed pursuant to subsection (2). 9

(4) The D irector’s determination under this

section may be appealed to the A ppeal Board in accordance with the regulations.

(5) This A ct and the regulations under this A ct apply to reviews of orders made under the Crim inal Injuries Com pensation Act and to appeals of those reviews. False statements 16(1) No person shall make a false or misleading statement in an application for financial benefits or a grant.

(2) A person who contravenes subsection (1) is guilty of an offence.

(3) If a person is convicted of an offence under this section, any financial benefits or grant paid to that person under this A ct may be recovered by the Minister as a debt due to the Crown. Regulations 17 The Lieutenant Governor in Council may make regulations (

a) listing offences with respect to which a surcharge is not imposed; (

b) providing for the amount, or for a method of calculating the amount, of the surcharge; (

c) respecting payments under

section 10; (

d) respecting grants for programs under

section 11 and the amounts of the grants; (

e) respecting applications for grants; (

f) respecting the conditions on which a grant is made and requiring the repayment of the grant or a part of the grant to the Fund if the conditions are not met; (

g) requiring a recipient of a grant to account for how the grant is spent; (

h) specifying offences under the Crim inal Code (Canada) for the purposes of

section 12(1); (

i) respecting applications for financial benefits and the evaluation of those applications; (

j) describing conduct for which and providing for amounts by which financial benefits are to be reduced for the purposes of

section 13(3); 10

(

k) respecting the classes of injury, damages and expenses with respect to which financial benefits are payable; (

l) prescribing the amounts, including the maximum amount, of financial benefits payable with respect to any class of injury or expense and with respect to any one application; (

m) respecting terms and conditions to be imposed on the payment of financial benefits and how and when the payments of financial benefits are to be made; (

n) respecting appeals to the A ppeal Board. Cause of action not created 18 Subject to sections 14(5) and 16(2) and (3), no cause of action, right of appeal, claim for damages or other remedy in law exists because of this A ct or anything done or omitted to be done under this A ct. Transitional 19(1) O n the com ing into force of this Act an application for com pensation that has been m ade to The Crim es Com pensation Board for which the Board has not m ade an order of com pensation and that the Board has not dism issed continues as an application for financial benefits under this Act.

(2) Any repaym ent to the Crown m ade after the com ing into force of this Act for com pensation paid pursuant to the Crim inal Injuries Com pensation Act is to be paid into the G eneral Revenue Fund.

(3) If an order was m ade for com pensation under the Crim inal Injuries Com pensation Act but on the com ing into force of this Act the com pensation has not been paid, the order continues as if it were a decision to pay financial benefits under this Act and, subject to

section 15, the com pensation continues to be payable as financial benefits under this Act.

(4) O n the com ing into force of this Act an application for a grant under the Victim s’ Program s Assistance Act continues as an application for a grant under this Act. Consequential 20(1) The Conflicts of Interest Act is am ended in

Part 3 of the

Schedule by striking out “The Crimes Compensation Board and substituting “Criminal Injuries A ppeal Board".

(2) The Provincial O ffences Procedure Act is am ended in

section 13(1) by adding “section 8(5) of the Victim s of Crim e Act" and after “Subject to". 11

Repeal 21 The Crim inal Injuries Com pensation Act and the Victim s’ Program s Assistance Act are repealed. Coming into force 22 This Act com es into force on Proclam ation. 12 Title: 1996 (23rd, 4th) Bill 33, Victims of Crime A ct ($)

Document details

Collection	Alberta — Bills
Citation	L23 S4 1156
Type	bill
Volume / chapter	L23 S4 1156
Language	en
Format	json
Source	PROVINCIAL
Identifier	3cabd1e0a5f8e31e338be49b3198145e00840f02

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