Victims of Crime and Public Safety Regulation (Alta. Reg. 63/2004)

Alta. Reg. 63/2004

Alberta — Regulations

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 193/2024) ALBERTA REGULATION 63/2004 Victims of Crime and Public Safety Act VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION Table of Contents 1

Definitions

Part 1 Financial Benefits 1.1 Eligible victims 2 Eligible offences 3 Financial benefits, applicat ion and reconsiderations 4 Contributory action by victim 5 Pre-existing medical condition 6 Matters affecting determina tion of financial benefits 7 Criminal conduct 8 Financial benefits 8 . 1 Funeral expenses reimbursement 9 C I C A r e v i e w s

Part 2 Financial Matters Concerning the Fund 1 2 Surcharge 1 3 Fund payment request

Part 3 Grants 1 4 Application for grant 1 5 Agreement 1 6 Payment of grant 1 7 Conditions of grant 1 8 Accounting for use of grant

Part 4 Repeals, Expiry and Coming into Force 2 0 Repeal

Section 1 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 2 2 1 E x p i r y 2 2 Coming into force Schedules

Definitions 1 In this Regulation, (a) “Act” means the Victims of Crime and Public Safety Act; (b) “Committee” means the Vi ctims of Crime and Public Safety Programs Committee; (c) “The Crimes Compensatio n Board” means The Crimes Compensation Board under Criminal Injuries Compensation Act, RSA 1980 cC-33; (c.05) “criminal conduct offen ce” means an offence listed in

Schedule 2; (c.1) repealed AR 139/2022 s2; (d) “Director” means th e Director under the Act; (d.1) “eligible offence” means an offence listed in

Schedule 1; (e) “financial benefits” means financial benefits referred to in sections 12 and 13 of the Act; (f) “Fund” means the Victims of Crime and Public Safety Fund; (f.1) “funeral expense reimbursement” means a funeral expense reimbursement referred to in

section 12.1 of the Act; (

g) repealed AR 139/2022 s2; (h) “supplemental benefit” means a supplemental financial benefit for victims who suffer a severe neurological injury referred to in sections 8(6.1) to (6.8) and (8). AR 63/2004 s1;182/2011;225/2012;98/2020;139/2022

Part 1 Financial Benefits Eligible victims 1.1 Subject to this Regulation, financial benefits are payable to a victim who is injured as a direct result of

an act or omission

Section 2 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 3 (

a) that occurred in Alberta, and (

b) that is an eligible offence under

section 2. AR 182/2011 s3;225/2012;139/2022 Eligible offences 2 The offences under the Criminal Code (Canada) listed in

Schedule 1 are offences with respect to which an application may be made for financial benefits. Financial benefits, application and reconsiderations 3(1) An application for a supplemental benefit pursuant to

section 12 of the Act must be made in writing in a form approved by the Director.

(2) If a victim is under 18 years of age, the application may be made on behalf of that victim by a parent or guardian of the victim.

(3) Notwithstanding subsection (2), if the Director is satisfied that a person who is under the age of 18 years is living independent of a parent or guardian, that person, on that person’s own behalf, may apply.

(4) The applicant must provide all the information required by the Director respecting the injuries, the circumstances under which the injuries were acquired and the nature of the injuries and must authorize the Director to acquire that information. (5),

(6) Repealed AR 139/2022 s4. AR 63/2004 s3;71/2011;182/2011;98/2020;139/2022 Contributory action by victim 4 If, in the opinion of the Director, the victim’s conduct directly or indirectly contributed to the victim’s injury or death, the Director may, depending on the conduct and how the conduct contributed to the injury, (

a) reduce the financial benefits payable in respect of that victim by 25%, 50% or 75% as the Director considers reasonable, (

b) deny financial benefits in total in respect of that victim where the Director is of the opinion that the conduct warrants the denial of financial benefits, (

c) reduce the funeral expens e reimbursement payable in respect of that victim as the Director considers reasonable, or

Section 5 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 4 (

d) deny funeral expense reimbursement in total in respect of that victim where the Director is of the opinion that the conduct warrants the denial of the funeral expense reimbursement. AR 63/2004 s4;182/2011;139/2022 Pre-existing medical condition 5 If, in the opinion of the Director, a portion or all of the suffering by a victim arising from the injuries of the victim is attributable to a pre-existing medical condition of the victim and the victim was suffering due to that pre-existing medical condition prior to the injury occurring, the Director may, based on the amount of suffering attributable to the pre-existing medical condition, (

a) reduce the financial benefits payable in respect of that victim by 25%, 50% or 75% as the Director considers reasonable, or (

b) deny financial benefits in total payable in respect of tha t victim. Matters affecting determination of financial benefits 6(1) In this section, (a) “proper action” means, taking into consideration the nature and effect of an injury, doing the following: (

i) acting without unreasonable delay to seek treatment; (ii) taking reasonable steps to acquire the appropriate treatment; (iii) following, in a reasonab le and responsible manner, the treatment prescribed; (iv) taking reasonable steps to mitigate the injuries suffered; (b) “treatment” means, with respe ct to an injury, treatment as prescribed by a physician, dentist or other health professional who is recognized in the health care community or by the Director as a person qualified to prescribe the appropriate treatment.

(2) The Director may deny financial benefits in respect of a victim where the Director is of the opinion that the victim failed to take proper action with respect to the victim’s injuries.

Section 7 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 5

(3) The Director may refuse to pay financial benefits with respect to any complication arising out of the victim’s failure to take proper action in relation to the victim’s injuries.

(4) The Director may, in the case of injuries arising out of a series of related or recurrent incidents, deal with the matter as if the related or recurrent incidents constituted one incident.

AR 63/2004 s6;225/2012 Criminal conduct 7(1) In this section, (a) “application” means an app lication made for financial benefits or a funeral expense reimbursement; (b) “conduct period” means the period commencing 60 months immediately preceding the date of the eligible offence in respect of which an application is made by or in respect of a victim and concluding not later than 60 months immediately following the date of the eligible offence in respect of which the application was made; (c) “convicted of” includes, w hen used in reference to a criminal conduct offence, a guilty plea to a criminal conduct offence; (d) “conviction” means a convic tion for a criminal conduct offence and includes a guilty plea to a criminal conduct offence; (

e) repealed AR 225/2012 s5; (f) “sentence” means, with r espect to a conviction, the custodial sentence, served either within a provincial or federal centre or in the community under a conditional sentence order; (g) “victim” means the person in respect of whom an application is made.

(2) If a victim who has applied for financial benefits has been convicted during the conduct period of any criminal conduct offence listed in

section 2 of

Schedule 2, the Director shall assess against that victim 5 points for each of those criminal conduct offences for which the victim has been convicted during the conduct period.

(2.1) If a victim who has applied for financial benefits has been convicted during the conduct period of any criminal conduct offence listed in

section 1 or 3 of

Schedule 2, the Director shall

Section 7 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 6 assess against that victim 3 points for each of those criminal conduct offences for which the victim has been convicted during the conduct period.

(3) If a victim who has applied for financial benefits has served a sentence or a portion of a sentence within the conduct period, the Director shall assess against that victim one point per year or portion of a year for each custodial sentence served, either within a provincial or federal centre or in the community under a conditional sentence order during that conduct period.

(4) In determining the number of points to be assessed against a person under subsection (2) or (2.1), the Director shall not take into consideration any conviction that took place while the person was younger than 16 years of age.

(5) In determining the number of points to be assessed against a person under subsection (3), the Director shall not take into consideration (

a) repealed AR 71/2011 s3, (

b) any sentence or portion of a sentence served by the person while that person was under the age of 16 years.

(6) Where a victim has been assessed points under this section, the Director shall, if the victim has been assessed 12 or more points in total for the conduct period, deny financial benefits payable in respect of that victim.

(6.1) A victim is not eligible for financial benefits or a funeral expense reimbursement if the victim has been (

a) designated as a dangerous offender or a long-term offender by the courts pursuant to

section 753 or 753.1 of the Criminal Code (Canada), (

b) convicted of an offence under

section 230, 235, 272 or 273 of the Criminal Code (Canada) during the conduct period, or (

c) convicted of an offence under the Crimes Against Humanity and War Crimes Act (Canada) during the conduct period.

(6.2) A victim is not eligible for a funeral expense reimbursement if the victim has been convicted during the conduct period of any two criminal conduct offences listed in

section 2 of

Schedule

Section 8 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 7

(7) This

section applies in respect of a victim even though the victim’s conduct may not or did not directly or indirectly contribute to the victim’s injury or death. AR 63/2004 s7;43/2009;71/2011;182/2011;225/2012;139/2022 Financial benefits 8(1) The class of injuries for which financial benefits are payable to an eligible victim referred to in

section 1.1 are the injuries listed in

Schedule 3.

(2) The amount of the financial benefits payable for injuries listed in

Schedule 3 are the amounts listed in

Schedule 4.

(2.1) Repealed AR 139/2022 s7.

(3) In determining the amount of financial benefits payable, the Director shall take into account the severity of the injury as provided for under

Schedule 3.

(4) Notwithstanding subsection (1), but subject to subsection (6.1), the maximum number of injuries for which a victim is eligible to receive financial benefits is 3 and the maximum financial benefits payable in aggregate to a victim for all of the victim’s injuries is $100 000 in total.

(5) Where a victim suffers an injury, whether or not the injury is listed in

Schedule 3, the Director may send the victim to a physician, dentist or other health professional selected by the Director to diagnose the injury.

(6) Where a victim suffers an injury that is not listed in

Schedule 3, the Director may seek the advice of any physician, dentist or other health professional in order to determine the relative severity of the injury.

(6.1) Subject to subsection (6.4), a victim who suffers a neurological injury the severity of which is determined to be 190 or higher is eligible for a supplemental financial benefit of $1000 per month.

(6.2) For the purposes of subsection (6.1), the severity of a neurological injury is to be determined in accordance with

Schedule 3 and by taking into account only a single injury listed under the heading “Neurological” in

section 3 of that Schedule.

(6.3) Subject to subsections (6.4), (6.6) and (6.7), a supplemental financial benefit described in subsection (6.1) is payable for each month, commencing with the month in which the injury is sustained or the month in which this subsection comes into force,

Section 8.1 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 8 whichever is later, and for every month thereafter for the duration of the victim’s life.

(6.4) The amount of a supplemental financial benefit described in subsection (6.1) may be reduced or denied by the Director in accordance with

section 4, 5 or 6.

(6.5) The Director must, every 12 months, review the injuries of a victim receiving a supplemental financial benefit to determine whether the severity of the victim’s injuries is still 190 or higher in accordance with subsection (6.2).

(6.6) If, on review, the Director determines that the severity of the victim’s injuries is lower than 190, the Director must terminate the supplemental financial benefit effective the month following the month in which the Director makes the determination.

(6.7) If a victim receiving a supplemental financial benefit fails to participate in or to cooperate with a review under subsection (6.5), the Director may suspend or terminate the supplemental financial benefit. (6.8) Subsections (5) and (6) apply for the purposes of a review under subsection (6.5).

(7) Repealed AR 182/2011 s7.

(8) Financial benefits described in subsection (4) or (6.1) may be paid to the applicant or, at the discretion of the Director, to other eligible persons. AR 63/2004 s8;96/2008;182/2011;139/2022 Funeral expenses reimbursement 8.1(1) Subject to subsection (4), a person who has paid all or part of the costs of a victim’s funeral is eligible to apply for a funeral expense reimbursement for the purposes of reimbursement of those costs.

(2) An application for a funeral expense reimbursement pursuant to

section 12.1 of the Act must (

a) be made in writing in a form approved by the Director, and (

b) provide proof of payment of costs of the victim’s funeral.

(3) The maximum aggregate total amount payable for a funeral expense reimbursement in respect of a particular victim, regardless of the number of applicants, is $12

Section 9 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 9

(4) An individual is not eligible to apply for a funeral expense reimbursement in respect of a victim if the individual is convicted of an offence under the Criminal Code (Canada) in respect of

an act or omission that caused or directly contributed to the victim’s death. AR 182/2011 s8;225/2012;139/2022 CICA reviews 9 Notwithstanding

section 8(2), if under

section 15 of the Act an order by The Crimes Compensation Board for periodic payments is to be converted to final payment of financial benefits under the Victims of Crime Act, the Director may, with the approval of the Minister, authorize financial benefits that are different from the amount listed in

Schedule 4. 10, 11 Repealed AR 139/2022 s9.

Part 2 Financial Matters Concerning the Fund Surcharge 12 The amount of a surcharge that is to be paid into the Fund is an amount that is equivalent to 20% of the fine, rounded down to the nearest dollar, that is (

a) imposed on a person convicted of an offence, or (

b) imposed on a person by a no tice of administrative penalty under the Provincial Administrative Penalties Act or under an enactment prescribed under

section 35(1) of that Act. AR 63/2004 s12;52/2020;285/2020 Fund payment request 13 The Minister may request that payment from the Fund be made for any purpose specified in

section 10 of the Act. AR 63/2004 s13;182/2011;98/2020

Part 3 Grants Application for grant 14(1) A person may apply in a form acceptable to the Minister for a grant respecting the following:

Section 15 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 10 (

a) a program or initiative that benefits victims of crime or promotes public safety; (

b) a program that consists of services that benefit victims or a class or classes of victims during their involvement with the criminal justice process.

(2) In addition to the information required in an application under subsection (1), an applicant must provide any other information requested by the Minister. AR 63/2004 s14;98/2020 Agreement 15 The Minister may, at any time, require an applicant to enter into an agreement with respect to the terms and conditions of a grant and any matter relating to the payment or repayment of a grant. Payment of grant 16 If the Minister authorizes the payment of a grant, the grant may, in accordance with the authorization, be paid (

a) in a lump sum or in instalments, and (

b) at the time or times specified. Conditions of grant 17(1) A person who receives a grant must use the grant (

a) only for the program described in the application and authorized by the Minister, or (

b) if the original p rogram described in the application is varied and the variation is agreed to by the person and by the Minister, only for the program as varied.

(2) If a grant is not used by a person in accordance with subsection (1), the Minister may require that the person repay the grant in whole or in part to the Fund.

(3) If a person does not use all the grant paid to that person for the program referred to in subsection (1), that person must return the unused portion of the grant to the Fund, unless otherwise directed by the Minister.

Section 18 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 11 Accounting for use of grant 18 A person who receives a grant must, when required by the Minister, provide evidence in a form and manner satisfactory to the Minister of how the grant was used.

Part 4 Repeals, Expiry and Coming into Force 19 Repealed AR 98/2020 s9. Repeal 20 The following regulations are repealed: (

a) t h e Victims’ Benefits Regulation (AR 201/97); (

b) t h e Victims’ Programs Regulation (AR 135/97). Expiry 21 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 1, 2030. AR 63/2004 s21;71/2011;68/2018;98/2020;193/2024 Coming into force 22 This Regulation comes into force on April 1, 2004.

Schedule 1 Eligible Offences 1 Any of the following offences under the Criminal Code (Canada): Item Number

Section of Criminal Code (Canada) Description of Offence 1 65 Takin g

part in a riot 2 76 Hi jacking of aircraft 3 77 Endangering safety of aircraft in flight 4 78 Taking onboard a civilian aircraft offensive weapons or explosive substances

Schedule 1 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 12 5 78.1 Seizin g control of ship, etc. 6 80 Failure to take reasonable care in respect of explosives where death or bodily harm results 7 81 Intentionally causing death or bodily harm by explosive substance 8 86(1) Careless use of firear m 9 98.1 Robber y to steal firearm 10 129(

a) Resisting or obstructing public or peace officer 11 151 Sexual interference 12 152 Invitation to sexual touchin g 13 153 Sexual exploitation 14 153.1(1) Sexual exploitation of person with disability 15 155 Inces t 16 159 Anal intercourse 17 160 Bestialit y 18 162 Vo yeurism 19 163.1 Child porno graphy 20 170 Parent or guardian procuring sexual activity 21 172.1 Lurin g a child 22 173 Indecent acts 23 175 Causing disturbance, indecent exhibition, loitering, etc. 24 212 Procurin g 25 215 Failure to provide necessaries 26 218 Abandonin g child 27 220 Causing death by criminal negligence 28 221 Causing bodily harm by criminal negligence 29 222 Homicide Repealed AR 98/2020 s11 31 233 Infanticide 32 235 Murde r 33 236 Manslau ghter 34 239 Attempted murde r

Schedule 1 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 13 35 244 Dischar ging firearm with intent 36 244.1 Causing bodily harm with intent — air gun or pistol 37 245 Administerin g noxious substance 38 246 Overcoming resistance to commission of offence 39 247 Setting traps likely to cause death or bodily harm 40 248 Interfering with transportation facilities 41 262 Impedin g attempt to save life 42 264 Criminal harassmen t 43 266 Assaul t 44 267 Assault causing bodily harm; assault with a weapon 45 268 A ggravated assault 46 269 Unlawfull y causing bodily harm 47 269.1 Torture 48 270 Assaultin g a peace officer 49 270.01 Assaulting peace officer with weapon or causing bodily harm 50 270.02 Aggravated assault of peace officer 51 271 Sexual assaul t 52 272 Sexual assault with a weapon, threats to a third party or causing bodily harm 53 273 A ggravated sexual assault 54 273.3 Removal of child from Canada for sexual purpose 55 279(1) Kidnappin g/illegal confinement 56 279(2) Forcible confinemen t 57 279.01 Traffickin g in persons 58 279.1 Hosta ge taking 59 280 Abduction of person under 16 years of age 60 281 Abduction of person under 14 years of age 61 344 Robber y 62 346 Extortion 63 423 Intimidation

Schedule 2 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 14 64 430(2) Mischief causing actual danger to life 65 433 Arson 2 Offences involving motor vehicles are not eligible for financial benefits or a funeral expense reimbursement except where the motor vehicle was deemed to have been intentionally used as a weapon. AR 63/2004 Sched. 1;71/2011;225/2012;98/2020

Schedule 2 Criminal Conduct Offences 1 Any of the following offences under the Criminal Code (Canada): Item Number

Section of Criminal Code (Canada) Description of Offence 1 46(2) Treason 2 50 Assistin g enemy 3 51 Intimidating Parliament or legislature 4 52 Sabota ge 5 53 Incitement to mutin y 6 54 Assistin g deserter 7 82(1) Possession of explosives without lawful excuse 8 83.02 Providing/collecting property for terrorist activity 9 83.03 Providing property/services for terrorism 10 83.04 Using or possessing property for terrorism 11 83.18 Participation in a terrorist group 12 83.19 Facilitatin g terrorist activity 13 83.2 Commission of offence for terrorist group 14 83.21 Instructing activity for a terrorist group 15 83.22 Instructin g terrorist activity 16 83.23 Harbourin g/concealing a

Schedule 2 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 15 terrorist 17 83.231 Hoax regarding terrorist activity 18 85 Use of firearm in an offence 19 87 Pointin g a firearm 20 88 Possessing weapon for dangerous purpose 21 89 Carrying weapon at public meeting 22 90 Carr ying concealed weapon 23 91(1) Unauthorized possession of firearm 24 92 Possession of firearm knowing its possession is unauthorized 25 93 Possession of firearm at unauthorized place 26 94 Unauthorized possession of firearm in motor vehicle 27 95 Possession of prohibited firearm or restricted firearm 28 96 Possession of weapon obtained by commission of an offence 29 98 Breaking and entering to steal firearm 30 99 Weapons traffickin g 31 100 Possession for purposes of weapons trafficking 32 102 Makin g automatic firearm 33 103 Import/export unauthorized weapons 34 104 Unauthorized import/export of weapons 35 105 Losing/finding firearm but not reporting 36 117.01 Weapons possession contrary to order 37 144 Prison breach 38 145(1) Escape and being at large without excuse 39 145(3) Failure to comply with condition of undertaking or recognizance

Schedule 2 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 16 40 145(5.1) Failure to comply with conditions of undertaking 41 146 Permittin g or assisting escape 42 161 Order of prohibition 43 163 Corruptin g morals 44 171 Householder permitting sexual activity (with a minor) 45 176(1) Obstructing, or violence to, or arrest of officiating clergyman 46 179 Va grancy 47 180(1) Common nuisance 48 182 Interfering with or indignity to dead body Repealed AR 98/2020 s12.

Repealed AR 98/2020 s12. 51 213 Offence in relation to offering, providing or obtaining sexual services for consideration 52 240 Accessor y after fact to murder 53 241 Counsellin g or aiding suicide 54 243 Concealin g body of child 55 264.1 Utterin g threats 56 270.1 Disarmin g a peace officer 57 282 Abduction contrary to custody order 58 283 Abduction 59 318 Advocatin g genocide 60 319 Public incitement of hatre d 61 348 Breakin g and entering 62 349 Being unlawfully in dwelling-house 63 351 Possession of break-in instrument 64 354 Possession of property obtained by crime 65 357 Bringing into Canada property obtained by crime 66 423.1 Intimidation of justice system participant 67 424 Threat against internationally protected person

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 17 68 424.1 Threat against United Nations or associate personnel 69 431 Attack on residence of internationally protected person 70 431.1 Attack on United Nations personnel 71 434 Arson — damage to property 72 435 Arson for fraudulent purpose 73 462.31 Launderin g proceeds of crime 74 463 Attempts, accessories 75 464 Counsellin g offence 76 465 Conspirac y 77 467.11 Participation in activities of criminal organization 78 467.12 Commission of offence for criminal organization 79 467.13 Instructing commission of offence for criminal organization 2 Any offence listed in

Schedule 1, other than the offences listed in Item Numbers 30, 32, 52 and 53. 3 Any offence under the Controlled Drugs and Substances Act (Canada). 4 Repealed AR 225/2012 s7. AR 63/2004 Sched. 2;71/2011;225/2012;98/2020

Schedule 3 Injury

Schedule

Definitions 1 In this Schedule, (a) “ADL” means activities of d aily living that are activities usually performed in the course of a normal day and are used to measure a person’s ability to function independently and includes eating, bathing, grooming, dressing, toileting and transferring; (b) “episode” means an event that is distinctive and separate and can be part of a larger series;

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 18 (c) “face” means the area in fro nt of the ears and from the line of the jaw to and including the forehead; (d) “IADL” means instrumental activities of daily living that are a series of life functions used for maintaining a person’s immediate environment and are used to measure a person’s ability to live independently and includes obtaining food, cooking, laundering, housecleaning, phone use, travelling in community, managing one’s medications and managing one’s finances; (e) “muscle grade” refers to the American Spinal Injury Association (ASIA) 5-point Motor Index scale of grading muscle strength or weakness with the strength of 5 considered normal and 0 considered paralysis; (f) “site” means the head, neck , chest and abdomen, back or any limb; (g) “surgery” means surgical p rocedures generally performed in an operating room, but does not include procedures commonly performed in an Emergency Department or a physician’s office.

General principles 2 The following principles are to be applied with respect to making a determination under this Schedule: (

a) all injuries must be a dir ect result of the eligible offence committed against the victim and verified by a medical professional with the qualifications appropriate to the injury; (

b) removable prosthetic devices and aids such as eye glasses, dentures and prosthetic limbs are considered property and are not eligible for financial benefits; (

c) residual effects of injuries, or impairment, are to be assessed at the point of maximum medical improvement (MMI), as determined by a medical professional with the qualifications appropriate to the injury; (

d) complications or impairments arising from the initial injury or treatment are considered part of the injury award; (

e) lacerations and burns incl ude any resulting scarring or disfigurement and any reduced mobility due to scarring;

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 19 (

f) injuries with severity scores under 2.500 may be combined to a maximum severity score of 7.000 and awarded as a single injury of “multiple minor injuries”; (

g) only one injury per injury subgroup, or group, where no subgroup exists, can be awarded, unless the injuries are for different limbs or the injury is in the category of medical conditions; (

h) for any injury resulting in amputation, the amputation injury shall be awarded and not the underlying injury to structures or tissues, and where an injury previously awarded results in amputation, the award for amputation shall replace the previously awarded injury to underlying structures or tissues; (

i) where the specific injury is not listed in the subgroup, o r group where no subgroup exists, the most appropriate injury in that subgroup or group shall be selected. 3 The severity of an injury is to be determined using the following table: Severity of Injury Group Subgroup Injury Severity Airway Airway irritation 1.408 Airway inflammation 3.305 Amputation H e a d Amputation ear, partial 14.255 Amputation ear (over 25%) 28.510 Face Amputation nose, partial 17.611 Amputation nose (over 25%) 35.222 Mouth Amputation tongue, partial 19.233 Amputation tongue (over 25%) 40.200 Lower limb Amputation toe(s) 18.425 Amputation foot, partial 40.200 Amputation lower limb, below knee 69.275 Amputation lower limb, above knee 80.103 Upper limb Amputation finger 19.233 Amputation fingers or thumb 35.222 Amputation finger(

s) and thumb 43.511 Amputation hand, partial 55.634 Amputation upper limb, below elbow 80.103

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 20 Amputation upper limb, above elbow 109.237 External Structures Loss of hair 0.237 Bruise/ abrasion Bruise(s), swelling and/or abrasion(s) 2.267 Bruise(s), swelling and/or abrasion(s), more than two sites 3.305 Bruise(s), swelling and/or abrasion(s), multi ple to face, head and/or neck 3.305 Bruise(s), swelling and/or abrasion(

s) to over 40% of body 15.520 Burns First degree burn(s), for each 1% of total body surface area burned 0.750 Second degree burn(s), for each 1% of total body surface area burned 1.500 Third degree burn(s), for each 1% of total body surface area burned, excluding face 3.000 Third degree burn(

s) to face, for each 1% surface area burned 10.200 * Multiple burns are awarded as a single injury based on the total severity score. * Maximum severity score for a third degree burn involving the face is 45.900. * Maximum severity score for burns is 175.000. Facial lacerations Facial laceration(

s) not requiring sutures or similar medical procedure 2.267 Facial laceration(

s) less than 5 cm, requiring sutures or similar medical procedure 10.200 Facial laceration(s) 5 to 10 cm, requiring sutures or similar medical procedure 17.894 Facial laceration(

s) greater than 10 cm, requiring sutures or similar medical procedure 23.106 Non-facial lacerations Non-facial laceration(

s) not requiring sutures or similar medical procedure 2.267 Non-facial laceration(

s) less than 5 cm, requiring sutures or similar medical procedure 4.426 Non-facial laceration(s) 5 to 10 cm, requiring sutures or similar medical procedure 5.800 Non-facial laceration(s) 11 to 20 cm, requiring sutures or similar medical procedure 12.500

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 21 Non-facial laceration(

s) greater than 20 cm, requiring sutures or similar medical procedure 20.078 Penetrating injury Penetrating injury, no underlying structural/organ injury 5.800 Penetrating injuries, no underlying structural/organ injury 17.861 Medical Conditions Chlamydia, genital warts, gonorrhea and/or syphilis 5.776 Genital herpes, Hepatitis B, C or D and/or HIV 20.078 Hepatitis B, C or D (disease) and/or HIV seroconversion 38.066 Pregnancy (must be confirmed by a physician) 35.845 Toxic effect of injected/ingested substances 5.776 Neurological B r a i n Brain stem contusion 42.417 Closed head injury 12.500 Cortical contusion (bruising of brain) 22.242 Cortex laceration 63.224 Concussion 12.500 Post-concussion syndrome 23.106 Intracranial hematoma/hemorrhage 49.884 Intracranial hematoma/hemorrhage, requiring sur gery 60.950 Brain injury with seizure(

s) at time of initial injury 35.845 Brain injury with residual seizures 65.267 Brain injury with hemiparesis 149.364 Brain injury with residual cognitive, psychosocial or physical effects, capable of independent living (excludes concussion/post-concussion syndrome) 65.267 Brain injury, requiring surgery, residual cognitive, psychosocial or physical effects, capable of independent living (excludes concussion/ post-concussion syndrome) 111.329 Brain injury, requiring supervised living 162.975 Brain injury, fully dependent related to physical (ADL) and/or cognitive (IADL) im pairments 217.299 Nerve, head/neck Cranial nerve injury(ies), with sensory impairment 2.887

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 22 Cranial nerve injury, multiple with motor impairment 24.818 Cranial nerve injury, singular with motor im pairment 17.589 Laryngeal nerve injury with paralysis of vocal cord(s) 40.342 Nerve, lower limb Lower limb nerve injury, disruption of sensation 2.887 Lower limb nerve injury, muscle strength 3 or higher 23.106 Lower limb nerve injury, muscle strength less than 3 43.511 Lower limb nerve injury, no motor or sensory function preserved 57.766 Lower limb nerve injury, requiring surgery 17.033 Nerve, torso Torso nerve injury, disruption of sensation 2.887 Torso nerve injury, disruption of sensation and motor function 20.347 Nerve, upper limb Upper limb nerve injury, disruption of sensation 2.887 Upper limb nerve injury, muscle strength 3 or higher 23.106 Upper limb nerve injury, muscle strength less than 3 43.511 Upper limb nerve injury, no motor or sensory function preserved 57.766 Upper limb nerve injury, requiring surgery 15.552 Spinal cord Cervical injury, disruption of motor/sensory function 27.163 Cervical injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of 3 or higher 109.237 Cervical injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of less than 3 162.975 Cervical injury, sensory function, no motor function, preserved below neurologic level of injury extending through sacral segments S4-S5 195.569 Cervical injury, no motor or sensory function preserved below neurologic level of injury extending through sacral segments S4-S5 217.299

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 23 Lumbosacral injury, disruption of motor/sensory function 13.332 Lumbosacral injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of 3 or higher 53.330 Lumbosacral injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of less than 3 79.995 Lumbosacral injury, sensory function, no motor function, preserved below neurologic level of injury extending through sacral segments S4-S5 95.995 Lumbosacral injury, no motor or sensory function preserved below neurologic level of injury extending through sacral segments S4-S5 106.661 Thoracic injury, disruption of motor/sensory function 17.776 Thoracic injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of 3 or higher 79.995 Thoracic injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of less than 3 106.661 Thoracic injury, sensory function, no motor function, preserved below neurologic level of injury extending through sacral segments S4-S5 127.993 Thoracic injury, no motor or sensory function preserved below neurologic level of injury extending through sacral segments S4-S5 142.214 Oral D e n t a l Dento-alveolar fracture(s) 8.412 Dento-alveolar fracture(s), requiring surgery 13.332 Chipped teeth, requiring treatment 4.287 Damaged or loss of crown or fixed bridge/fixed appliance 8.412 Fractured tooth 8.412 Loosened and/or chipped teeth, no treatment required 1.011 Loosened teeth, requiring non-invasive treatment such as splinting 4.212 Loosened or damaged tooth, requiring invasive treatment such as root canal 8.412 Loss of tooth 10.105

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 24 * Multiple dental injuries are awarded as a single injury equal to the total award value (not severity score) of the individual injuries. * Maximum benefit for dental injuries is the equivalent of 12 lost teeth.

Mouth Oral cavity injury(ies) 2.267 Oral cavity injury(ies), requiring sutures or similar medical procedure 4.426 Oral cavity injury(ies), requiring surgery 17.307 Organs/circulatory Circulatory Vascular injury, hemodynamically stable 5.264 Vascular injury, hemodynamically stable, re quiring surgery 21.756 Vascular injury, hemodynamically unstable 30.984 O r g a n s Injury(ies) requiring chest tube(s) 17.033 Injury(ies) requiring exploratory surgery 21.756 Injury(ies) requiring exploratory surgery and chest tube insertion 23.106 Organ injury 13.332 Organ injury, requiring surgery 27.949 Organ injuries to 2 organs 27.949 Organ injuries to 2 organs, at least one requiring surgery 42.417 Organ injuries to 3 or more organs 34.602 Organ injuries to 3 or more organs, at least one requiring surgery 50.071 Organ injury with loss of or loss of function to one organ (excluding gallbladder, appendix) 40.430 Organ injuries with loss of or loss of function to one organ (excluding gallbladder, appendix) 63.443 Organ injuries with loss of or loss of function to 2 or gans (excluding gallbladder, appendix) 69.275 Organ injuries with loss of or loss of function to 3 or more organs (excluding gallbladder, appendix) 80.103 * Includes organs of the chest, abdomen and internal re productive organs Psychological Psychological injury 19.233 Psychological injury, with one factor 27.949 Psychological injury, with two factors 40.430 Psychological injury, with three factors 50.071 Psychological injury, with four factors 65.267 Psychological injury, with five factors 79.995

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 25 Upon verification of psychological injury by a medical professional with the qualifications appropriate to the injury, the following incident factors can be applied: * Victim was under the age of 18 at the time of the incident * More than five episodes * Multiple aggressors and/or weapons * Vaginal and/or anal penetration, including forced oral sex * More than five treatment sessions related to the incident (

s) Reproductive Genitalia injury, including contusion(s), abrasion (

s) and/or laceration(s) 3.305 Genitalia injury, requiring sutures or similar medical procedure 17.903 Genitalia injury, requiring surgery 27.949 Genitalia, loss of 38.655 Sensory Ear/hearing Hearing loss and/or tinnitus, one or both ears 6.411 Hearing loss, partial, one ear 24.501 Hearing loss, partial, both ears 40.430 Hearing loss, profound, one ear 44.600 Hearing loss, profound, both ears 65.267 Tympanic membrane injury, one or both ears 2.576 Tinnitus, ongoing more than 3 months, one or both ears 17.903 Eye/vision Injury causing irritation to eye(s) 2.267 Injury causing visual disturbance, ongoing more than 3 months 27.949 Loss of vision, best corrected visual acuity 20/50-20/200, one eye 50.071 Loss of vision, best corrected visual acuity 20/50-20/200, both e yes 79.995 Loss of vision and/or eye, best corrected visual acuity less than 20/200, one eye 69.275 Loss of vision and/or eye, best corrected visual acuity less than 20/200, both eyes 142.214 Non-penetrating (closed globe) injury to e ye(s) 2.576 Non-penetrating (closed globe) injury to eye(s), requiring surgery or laser treatment 24.501 Penetrating (open globe) injury to eye 21.602 Penetrating (open globe) injury to eyes 34.602 Penetrating (open globe) injury to eye(s), requiring surgery or laser treatment 44.600

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 26 Taste/smell Loss of taste and/or smell 6.411 Skeletal Face Fracture one facial bone, excluding nasal bones 21.602 Fracture one facial bone, requiring surgery, excluding nasal bones 34.602 Fractures two facial bones 28.182 Fractures two facial bones, at least one bone requiring surgery 44.600 Fractures three or more facial bones 34.602 Fractures three or more facial bones, at least one bone requiring surgery 50.071 Fracture(

s) nasal bones 6.411 Fracture(

s) nasal bones, requiring surgery 12.822 H e a d Fracture(

s) skull 22.242 Fracture(

s) skull, requiring surgery 34.602 Lower limb — lower leg Avulsion fracture lower leg 3.583 Avulsion fracture lower leg, requiring surgery 10.200 Fracture(

s) toe(

s) and/or foot 10.200 Fracture(

s) toe(

s) and/or foot, at least one bone requiring surgery 19.233 Fracture lower leg 19.233 Fracture lower leg, requiring surgery 27.949 Fractures lower leg, 2 bones 22.242 Fractures lower leg, 2 bones, at least one bone requiring surgery 34.602 Fractures lower leg, 3 or more bones 27.949 Fractures lower leg, 3 or more bones, at least one requiring surger y 44.600 * Lower leg includes ankle, tibia, fibula and patella * Multiple fractures of the toes and/or foot will be considered one bone when awarding multiple lower leg fractures Lower limb — upper leg Avulsion fracture upper leg 3.583 Avulsion fracture upper leg, requiring surgery 10.200 Fracture(

s) femur 30.984 Fracture(

s) femur, requiring surgery 49.884 Spine Fracture vertebra 19.233 Fracture vertebra, requiring surgery 27.949

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 27 Fractures 2 vertebrae 22.242 Fractures 2 vertebrae, requiring surgery 34.602 Fractures 3 or more vertebrae 27.949 Fractures 3 or more vertebrae, requiring surgery 44.600 Fracture(

s) spinous and/or transverse process 4.287 Torso — upper Avulsion fracture upper torso 3.552 Avulsion fracture upper torso, requiring surgery 10.105 Fracture rib(s), one or two 10.105 Fracture ribs, three to six 12.822 Fracture ribs, more than six 19.233 Fracture upper torso, one bone, excluding ribs 19.233 Fracture upper torso, one bone, excluding ribs, requiring surgery 27.949 Fractures upper torso, two bones 22.242 Fractures upper torso, two bones, at least one re quiring surgery 34.602 Fractures upper torso, three or more bones 27.949 Fractures upper torso, three or more bones, at least one re quiring surgery 44.600 * Multiple rib fractures will be considered one bone when awarding multiple torso fractures Torso — lower Avulsion fracture pelvis 3.552 Avulsion fracture pelvis requiring surgery 10.105 Fracture(

s) pelvis 30.984 Fracture(

s) pelvis, requiring surgery 49.884 Upper limb — lower arm Avulsion fracture lower arm 3.552 Avulsion fracture lower arm, requiring surgery 11.225 Fracture(

s) finger(

s) and/or hand 10.200 Fracture(

s) finger(

s) and/or hand, requiring surgery 19.233 Fracture lower arm 19.233 Fracture lower arm, requiring surgery 27.949 Fractures lower arm, two bones 22.242 Fractures lower arm, two bones, at least one bone requiring surgery 34.602 Fractures lower arm, three or more bones 27.949 Fractures lower arm, three or more bones, at least one bone requiring surgery 44.600

Schedule 3 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 28 * Lower arm includes radius, ulna, carpal bones (wrist) and hand/fingers * Multiple fractures of the fingers and/or hand will be considered one bone when awarding multiple lower arm fractures * Multiple fractures of the carpal bones (wrist) will be considered one bone Upper limb — upper arm Avulsion fracture upper arm 3.552 Avulsion fracture upper arm, requiring surgery 11.225 Fracture(

s) humerus 22.242 Fracture(

s) humerus, requiring surgery 34.602 Tendon/ligament/cartilage/ muscle H e a d Temporomandibular joint (TMJ) injury 12.409 Lower limb Deep tissue injury(ies) lower limb 6.411 Sprain(s)/strain(

s) lower limb 12.409 Dislocation lower limb 12.409 Dislocation lower limb, requiring surgery 22.242 Dislocations lower limb 19.233 Dislocations lower limb, at least one requiring surgery 29.703 Torn/lacerated tendon, ligament, cartilage or muscle, lower limb 19.233 Torn/lacerated tendons, ligaments, cartilage or muscles, lower limb 22.242 Torn/lacerated tendon, ligament, cartilage or muscle, lower limb, requiring surgery 29.703 Torn/lacerated tendons, ligaments, cartilage or muscles, lower limb, at least one requiring surgery 34.602 Neck Sprain/strain neck 12.409 Cartilage injury(ies) neck 12.409 Cartilage injury(ies) neck, requiring surgery 29.703 Spine Displaced disc, traumatic 19.233 Displaced disc, traumatic, requiring surgery 29.703 Displaced discs, traumatic 29.703 Displaced discs, traumatic, requiring surgery 44.600 Torso Sprain(s)/strain(

s) torso 12.409 Upper limb Deep tissue injury(ies), upper limb 6.411 Sprain(s)/strain(

s) upper limb 12.409

Schedule 4 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 29 Dislocation upper limb 12.409 Dislocations upper limb 19.233 Dislocation upper limb, requiring surgery 22.242 Dislocations upper limb, at least one requiring surgery 29.703 Torn/lacerated tendon, ligament, cartilage or muscle, u pper limb 19.233 Torn/lacerated tendons, ligaments, cartilage or muscles, upper limb 22.242 Torn/lacerated tendon, ligament, cartilage or muscle, upper limb, requiring surgery 29.703 Torn/lacerated tendons, ligaments, cartilage or muscles, u pper limb, requiring surgery 34.602 AR 63/2004 Sched. 3;71/2011;225/2012

Schedule 4 Financial Benefit Awards Awards Severity Range Amount 0 to 2.499 $0 2.500 to 4.999 500 5.000 to 8.499 1000 8.500 to 11.999 1500 12.000 to 14.999 2000 15.000 to 18.499 2500 18.500 to 19.999 3000 20.000 to 22.499 4000 22.500 to 27.499 5000 27.500 to 29.999 6000 30.000 to 32.999 7000 33.000 to 37.999 8000 38.000 to 39.999 9000 40.000 to 40.999 10 000 41.000 to 46.999 12 000 47.000 to 49.999 14 000 50.000 to 56.999 16 000 57.000 to 59.999 18 000 60.000 to 64.999 20 000 65.000 to 68.499 25 000 68.500 to 69.999 30 000 70.000 to 79.999 35 000 80.000 to 89.999 40 000 90.000 to 99.999 45 000 100.000 to 109.999 50 000 110.000 to 119.999 55 000 120.000 to 129.999 60 000

Schedule 4 AR 63/2004 VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION 30 130.000 to 149.999 70 000 150.000 to 169.999 80 000 170.000 to 189.999 90 000 190.000 or higher 100 000 AR 63/2004 Sched 4;139/2022

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 63/2004
Type	regulation
Volume / chapter	2004 063
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	affa844f4b58b238df4d2492cc8f31b54dfefdd1

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