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2002 Legislative Session: 3rd Session, 37th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 10th day of April, 2002

Ian D. Izard, Law Clerk

HONOURABLE RICH COLEMAN

MINISTER OF PUBLIC SAFETY AND

SOLICITOR GENERAL

BILL 24 – 2002

CRIMINAL INJURY COMPENSATION

AMENDMENT ACT, 2002

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

Section 2 of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended

(

a) in subsection (4) by striking out "Compensation" and substituting

"Subject to subsections (4.1) and (4.2), compensation" , and

(

b) by adding the following subsections:

(4.1) Despite any provision of this Act, compensation referred to in subsection (4) (

f) may not be awarded under this Act in respect of an application received by the board on or after April 16, 2002.

(4.2) Subsection (4.1) applies irrespective of the date of death or injury in respect of which an application is made and whether or not the board has extended the period for making an application under

section

Section 10 is amended by adding the following subsection:

(4.1) The board may not seek compensation under this

section for non-pecuniary loss or damage for pain, suffering, mental or emotional trauma, humiliation or inconvenience, in respect of an application received by the board on or after April 16, 2002.

No action for damages

(1) In this section, "board" , "immediate family member" and "victim" have the same meaning as in the Criminal Injury Compensation

Act .

(2) No action for damages or compensation may be brought against the board, the government or any person because a victim or an immediate family member

(

a) fails to receive the compensation described in

section 2 (4) (

f) of the Criminal Injury Compensation

Act , as a result of the enactment of this Act, or

(

b) was or might have been eligible to receive the compensation described in

section 2 (4) (

f) of the Criminal Injury Compensation

Act , but failed to apply for compensation under that Act before April 16, 2002.

(3) Subsection (2) (

b) applies irrespective of the reason a victim or an immediate family member failed to apply.

Commencement

4 This Act comes into force on April 16, 2002.

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