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Volume 66, No. 21

270/2023

The British Columbia Gazette,

Part II

December 31, 2023

B.C. Reg. 270/2023 , deposited December 8, 2023, under the CRIME VICTIM ASSISTANCE ACT [section 26 (1), (2) and (3)]. Order in Council 683/2023, approved and ordered December 8, 2023.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 1, 2024,

(

a) the Crime Victim Assistance Amendment Act, 2023 , S.B.C. 2023, c. 36, is brought into force, and

(

b) 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 and Deputy Premier ; L. BEARE, Presiding Member of the Executive Council .

Schedule

Section 2 of the Crime Victim Assistance (General) Regulation, B.C. Reg. 161/2002, is amended

(

a) by repealing paragraph (

g) and substituting the following:

(

g) a person who is authorized under the Health Professions Act to practise any of the following designated health professions:

(

i) acupuncture;

(ii) audiology;

(iii) chiropractic;

(iv) dental hygiene;

(

v) dentistry;

(vi) dental technology;

(vii) denturism;

(viii) dietetics;

(ix) hearing instrument dispensing;

(

x) massage therapy;

(xi) midwifery;

(xii) naturopathic medicine;

(xiii) nursing;

(xiv) occupational therapy;

(xv) opticianry;

(xvi) optometry;

(xvii) pharmacy;

(xviii) physical therapy;

(xix) podiatric medicine;

(xx) practical nursing;

(xxi) psychiatric nursing;

(xxii) psychology;

(xxiii) speech-language pathology;

(xxiv) traditional Chinese medicine; , and

(

b) by adding the following paragraph:

(

h) a person who is authorized under the Social Workers Act to practise social work.

2 The following

section is added:

Maximum period for reimbursement of expenses incurred before director’s decision

6.1 The maximum period prescribed for the purposes of

section 4 (4) (

b) of the Act is the following:

(

a) for expenses incurred by a victim, immediate family member or witness as a result of an eligible offence that occurred before the date this

section comes into force, 1 year from the date the director receives the application for benefits;

(

b) for expenses incurred by a victim, immediate family member or witness as a result of an eligible offence that occurred on or after the date this

section comes into force, 2 years from the date the director receives the application for benefits.

Section 7 is amended

(

a) in subsection (1) by striking out " category of benefits " and substituting " category of benefit " ,

(

b) in subsection (2) by striking out " the cost of the providing " and substituting " the cost of providing ", and

(

c) in subsection (3) (

c) by striking out " that program " and substituting " that plan ".

4 Sections 8 (1), 10 (1), 13 (1) and 16 (2) are amended by striking out " category of benefits " and substituting " category of benefit ".

Section 11 is amended

(

a) in subsection (1) by striking out " category of benefits " and substituting " category of benefit ",

(

b) in subsections (1) and (6) by striking out " his or her " and substituting " the victim’s ", and

(

c) in subsection (4) by striking out " he or she " and substituting " the victim ".

Section 12 is amended

(

a) in subsection (1) by striking out " category of benefits " and substituting " category of benefit ",

(

b) in subsection (1) (c) (ii) by striking out " his or her " in both places and substituting " the victim’s ",

(

c) by repealing subsection (2) (b) (ii) and substituting the following:

(ii) the benefit is needed for the victim’s recovery from the psychological injury that resulted from the eligible offence, and ,

(

d) by repealing subsection (3) (c) (ii) and substituting the following:

(ii) the benefit is needed for the victim’s recovery from the psychological injury that resulted from the eligible offence, and , and

(

e) in subsection (4) (

a) by striking out " , up to a maximum period of 3 months ".

Section 14 is amended

(

a) in subsection (1) by striking out " category of benefits " and substituting " category of benefit ", and

(

b) in subsections (2) (b), (3) (

b) and (4) (

b) by striking out " his or her " and substituting " the victim’s ".

Section 15 is amended

(

a) in subsection (1) by striking out " category of benefits " and substituting " category of benefit ",

(

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

(3) Subject to subsection (4), a victim may not be awarded a benefit referred to in subsection (1) more than once every 15 years. , and

(

c) by adding the following subsection:

(4) The director may award a benefit referred to in subsection (1) more than once every 15 years if satisfied that doing so is economically reasonable.

9 Sections 16 (8) (c), 27 (1) (

b) and 28 (1) (

b) are amended by striking out " his or her " and substituting " the victim’s ".

Section 19 is amended

(

a) in subsection (1) (

c) by striking out " the expense is " and substituting " the expenses are ", and

(

b) in subsection (2) by striking out " $2 500 " and substituting " $4 000 ".

Section 20 (1) is amended by striking out " category of benefits " and substituting " category of benefit " and by striking out " his or her " and substituting " the immediate family member’s ".

Section 22 (2) is amended by striking out " $5 000 " and substituting " $8 000 ".

Section 23 (7) (

c) is amended by striking out " for the victim " and substituting " for the immediate family member ".

Section 24 (1) (

b) is amended by striking out " his or her " and substituting " the immediate family member’s ".

Section 25 (1) (

a) is amended by striking out " within 2 weeks " and substituting " within 2 years ".

Section 26 is repealed and the following substituted:

Crime scene cleaning expenses

(1) The director may award an immediate family member of a victim the benefit of crime scene cleaning expenses only if

(

a) the victim’s death or injury resulted from an eligible offence, and

(

b) the director is satisfied that

(

i) either of the following applies:

(

A) in the event of the victim’s death, the eligible offence occurred at the residence of the victim or the immediate family member or in a motor vehicle owned or leased by the victim or the immediate family member;

(

B) in the event of the victim’s injury, the eligible offence occurred at the residence of the immediate family member or in a motor vehicle owned or leased by the immediate family member,

(ii) exceptional and specialized cleaning is required, and

(iii) the expenses are reasonable and necessary.

(2) The maximum that the director may award under subsection (1) is $4 000.

Section 29 (1) is amended by striking out " category of benefits " and substituting " category of benefit " and by striking out " his or her " and substituting " the witness’s ".

Section 32 is amended

(

a) in subsection (1) (

a) by adding " or injury " after " the victim’s death ",

(

b) in subsection (1) (b) (iii) by striking out " the expense is " and substituting " the expenses are ", and

(

c) in subsection (2) by striking out " $2 500 " and substituting " $4 000 ".

Section 34 (4) (

a) and (5) is amended by striking out " he or she " and substituting " the applicant ".

Section 36 is amended

(

a) in subsections (1) and (3) by striking out " he or she " and substituting " the former applicant ", and

(

b) in subsection (1) (

e) by striking out " his or her " and substituting " the former applicant’s ".

21 The following

Part is added:

Part 6 – Transitional Provisions

Transitional – crime scene cleaning expenses

37 Sections 19, 26 and 32, as they read immediately before the coming into force of this section, continue to apply to benefits awarded in relation to eligible offences that occurred before the date this

section comes into force.

Transitional – funeral expenses

Section 22 (2), as it read immediately before the coming into force of this section, continues to apply to benefits awarded in relation to eligible offences that occurred before the date this

section comes into force.

Transitional – bereavement leave

Section 25 (1) (a), as it read immediately before the coming into force of this section, continues to apply to benefits awarded in relation to eligible offences that occurred before the date this

section comes into force.

Transitional – prescribed offences

Schedule 1, as it read immediately before the coming into force of this section, continues to apply for the purposes of an application under

section 3 (1) of the Act related to an offence under the Criminal Code that occurred before the date this

section comes into force.

Transitional – Type 1 counselling

41 Item 1 in

Schedule 2, as it read immediately before the coming into force of this section, continues to apply for 6 months after the date this

section comes into force if

(

a) the person to whom a benefit in the category of benefit described as counselling benefits or expenses is awarded was, before the date this

section comes into force, attending counselling of the type described in Column 1 of item 1, and

(

b) the same counsellor continues, after the date this

section comes into force, to provide to the person the type of counselling described in paragraph (a).

Transitional – counselling rates

42 The amounts set out in Column 2 of

Schedule 2, as it read immediately before the coming into force of this section, continue to apply in relation to counselling that occurred before the date this

section comes into force.

Schedule 1 is repealed and the following substituted:

Schedule 1

Prescribed Offences

Item

Column 1

Section of Criminal Code

Column 2

Description of Offence

Riots

Forcible entry

Hijacking

Endangering safety of aircraft or airport

Offensive weapons and explosive substances

Breach of duty (duty of care of explosives)

Using explosives

Using firearm in commission of offence

Careless use of a firearm

Pointing a firearm

Sexual interference

Invitation to sexual touching

Sexual exploitation

153.1

Sexual exploitation of person with disability

Incest

160 (2) and

(3) Compelling the commission of bestiality; Bestiality in presence of or by child

Voyeurism

162.1

Publication, etc., of an intimate image without consent

163.1

Child pornography

Parent or guardian procuring sexual activity

171.1

Making sexually explicit material available to child

172.1

Luring a child

172.2

Agreement or arrangement – sexual offence against a child

Indecent acts (only if done for a sexual purpose); Exposure

Common nuisance

Failure to provide necessaries

Abandoning child

Causing death by criminal negligence

Causing bodily harm by criminal negligence

Murder

Manslaughter

Infanticide

Killing unborn child in act of birth

Attempt to commit murder

Counselling or aiding suicide

244 and 244.1

Causing bodily harm with intent

Administering noxious thing

Overcoming resistance to commission of offence

Traps likely to cause bodily harm or death

Interfering with transportation facilities

Impeding attempt to save life

Failure to safeguard opening in ice/excavation on land

Criminal harassment (stalking)

264.1

Uttering threats

Assault

Assault with a weapon or causing bodily harm

Aggravated assault

Unlawfully causing bodily harm

269.1

Torture

Assaulting a Peace Officer

Sexual assault

Sexual assault with a weapon, threats to a third party or causing bodily harm

Aggravated sexual assault

273.3

Removal of child from Canada

Kidnapping, forcible confinement

279.01

Trafficking in persons

279.011

Trafficking of a person under the age of eighteen years

279.1

Hostage taking

Abduction of person under 16

Abduction of person under 14

Abduction in contravention of custody or parenting order

Abduction

286.3

Procuring

320.102

Conversion therapy

320.13

Dangerous operation (of a conveyance other than a motor vehicle)

320.14

Operation (of a conveyance other than a motor vehicle) while impaired

Robbery

Extortion

Intimidation

(2) Mischief causing actual danger to life

Arson

Arson by negligence

False alarm of fire

Conspiracy to commit murder

Schedule 2 is amended

(

a) by repealing items 1 and 6, and

(

b) by repealing items 2, 3, 4 and 5 and substituting the following:

Column 1

Type of Counselling

Column 2

Maximum

Hourly Rate

Individual counselling session provided by a counsellor who is not described in item 3, 4 or 5 of this

Schedule and who has the following education, experience and professional affiliation:

(

a) Education: an undergraduate degree in psychology or in a field related to counselling psychology or counselling therapy, or a 2 year diploma in counselling;

(

b) Experience: a minimum of 200 hours of supervised clinical experience;

(

c) Professional Affiliation:

(

i) membership in good standing of, or designation or certification by, a professional association whose members provide counselling services, or

(ii)

for a person providing counselling in a jurisdiction in which counselling psychology or counselling therapy is a regulated profession, authorization to practise the profession by the regulatory body that governs the practice of that profession.

In paragraph (

b) of this item, "supervised clinical experience" includes any time spent in a supervised clinical placement approved by a college or university.

$85

Individual counselling session provided by a counsellor who is not described in item 4 or 5 of this

Schedule and who has the following education, experience and professional affiliation:

(

a) Education: a master’s degree or doctorate in counselling psychology or counselling therapy, psychotherapy, psychology or in a field related to counselling psychology or counselling therapy;

(

b) Experience: for a person with a professional affiliation described in paragraph (c) (i) (

C) of this item, a minimum of 400 hours of supervised clinical experience;

(

c) Professional Affiliation:

(

i) one of the following:

(

A) membership in good standing of, and registration as a Registered Clinical Counsellor by, the British Columbia Association of Clinical Counsellors;

(

B) membership in good standing of, and certification as a Canadian Certified Counsellor by, the Canadian Counselling and Psychotherapy Association;

(

C) membership in good standing of, or designation or certification by, another professional association whose members provide counselling services, or

(ii)

for a person providing counselling in a jurisdiction in which counselling psychology or counselling therapy is a regulated profession, authorization to practise the profession by the regulatory body that governs the practice of that profession.

In paragraph (

b) of this item, "supervised clinical experience" includes any time spent in a supervised clinical placement approved by a college or university.

$135

Individual counselling session provided by a counsellor who is not described in item 5 of this

Schedule and who

(

a) meets either of the following descriptions:

(

i) in British Columbia, is a registrant, as defined in

section 1 of the Social Workers Act , in good standing;

(ii)

in another jurisdiction, is authorized to practise the profession of social work by the regulatory body that governs that profession, and

(

b) has a minimum of 400 hours of supervised clinical experience, including in the provision of counselling services.

In paragraph (

b) of this item, "supervised clinical experience" does not include any time spent in a supervised clinical placement approved by a college or university.

$135

Individual counselling session provided by a counsellor who is

(

a) authorized under the Health Professions Act to practise the designated health profession of psychology, or

(

b) authorized to practise the profession of psychology by the body that regulates that profession in another jurisdiction.

$205

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