Compensation for Victims of Crime and Solicitors Statute Law Amendment Act, 2001 Bartolucci, Rick — Bill 146 (37th Parliament, 3rd Session)

Bill 146, 37-3

Ontario — Bills

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Bill 146, Compensation for Victims of Crime and Solicitors Statute Law Amendment Act, 2001

Bartolucci, Rick

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[37] Bill 146 Original (PDF)

Bill 146 2001

An Act to amend the

Compensation for Victims of Crime Act

and the Solicitors Act

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

(1) Clause 5 (

a) of the Compensation

for Victims of Crime Act is repealed and the following

substituted:

(

a) the commission of a crime of violence constituting an offence against

the Criminal Code (Canada), including poisoning, arson, criminal

negligence and an offence under

section 86, 220 or 221, subsection 249 (3),

(4) or 249.1 (3),

section 253 or subsection 255 (2) or (3) of that Act;

(2) Subsection 14 (2) of the Act, as enacted by the

Statutes of Ontario, 2000,

chapter 26,

Schedule A,

section 4, is repealed and

the following substituted:

Exception

(2) An applicant who is injured or killed by any act or

omission in Ontario of any other person occurring in or resulting from the

commission of an offence described in

section 220 or 221, subsection 249 (3),

(4) or 249.1 (3),

section 253 or subsection 255 (2) or (3) of the

Criminal Code (Canada), is not eligible to receive interim payments

under subsection (1) unless they are made in accordance with the regulations

made under this Act and do not exceed the amounts specified in the

regulations.

Recoverability of amounts

(3) Interim payments made to the applicant,

(

a) are recoverable, at the Board's discretion, in accordance with the

regulations made under this Act, if they are made under subsection (2);

(

a) are not recoverable from him or her even if compensation is not

awarded afterwards, if they are not made under subsection (2).

(3) Section 28 of the Act is amended by adding the

following clauses:

(c.1) governing the procedure, time and conditions for the payment of

interim payments of compensation under subsection 14 (2) and the maximum

amount of the payments;

(c.2) governing the procedure, time and conditions for the recovery of

interim payments of compensation under clause 14 (3) (a);

2. The Solicitors Act is amended by adding the

following section:

Limits on commission or percentage

19.1

(1) The amount of the

commission or percentage in an agreement made under subsection 16 (1) shall

not exceed the amount or percentage specified by the regulations made under

subsection (2).

Regulations

(2) The Lieutenant Governor in Council may make regulations

specifying a maximum amount or percentage for the purpose of subsection

(1).

Commencement

3. This Act comes into force on the day it receives

Royal Assent.

Short title

4. The

short title of this Act is the Compensation

for Victims of Crime and Solicitors Statute Law Amendment Act,

2001 .

EXPLANATORY NOTE

The Bill amends the Compensation for Victims of Crime Act to

allow victims of motor vehicle offences under the Criminal Code

(Canada), such as impaired driving, to apply for compensation under the Act.

At present, victims of those offences are not allowed to apply for

compensation under the Act. Payments of interim compensation under the Act

are subject to the limitations specified by the regulations made under the

Act if the applicant is injured or killed in Ontario resulting from the

commission of an offence described in

section 220 or 221, subsection 249 (3),

(4) or 249.1 (3),

section 253 or subsection 255 (2) or (3) of the

Criminal Code (Canada).

The Bill amends the Solicitors Act to allow regulations made

under the Act to regulate the amount of commission or percentage in

agreements for the payment of a solicitor's services.

Date Bill stage Activity Committee

December 5, 2001

Ordered carried over from previous session

December 5, 2001

Carried over to next session

December 3, 2001

First Reading

Carried

Debates and Progress

First Reading

December 3, 2001

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 146, 37-3
Type	bill
Volume / chapter	p37 s3 bill 146 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4cc8c18b6ba12a06975f960f0c4f27ee328e5b66

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