British Columbia Order in Council — Amendment to Crime Victim Assistance (General) Regulation (O.C. 683/2023)

O.C. 683/2023

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 of 12 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. Minister of Public Safety and Solicitor General and Deputy Premier Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Crime Victim Assistance Act, S.B.C. 2001, c. 38, s. 26 (1), (2) and

(3) Other: O.C. 519/2002 R30724924 683 December 8, 2023

page 2 of 12

SCHEDULE 1

Section 2 of the Crime Vict im 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; (ixx) 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.

page 3 of 12 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 o ccurred 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 o ccurred on or after the date this

section comes into force, 2 years from the date the director receives the application for benefits. 3

Section 7 is amended (

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

b) in subsection (2) by string 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”. 5

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”. 6

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 ,

page 4 of 12 (

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”. 7

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”. 8

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 awarde d 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 s ubsection (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”. 10

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”. 11

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”. 12

Section 22 (2) is amen ded by striking out “$5 000” and substituting “$8 000”. 13

Section 23 (7) (

c) is am ended by striking out “for the victim” and substituting “for the immediate family member”. 14

Section 24 (1) (

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

page 5 of 12 15

Section 25 (1) (

a) is am ended by striking out “within 2 weeks” and substituting “within 2 years”. 16

Section 26 is repealed an d the following substituted: Crime scene cleaning expenses 26

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

a) the victim’s death or injury resu lted 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 in jury, 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 specialize d cleaning is required, and (iii) the expenses are reasonable and necessary.

(2) The maximum that the director ma y award under subsection (1) is $4 000. 17

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”. 18

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”. 19

Section 34 (4) (

a) and (5) is amended by striking out “ he or she” and substituting “the applicant”. 20

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”.

page 6 of 12 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 aw arded in relation to eligible offences that occurred before the date this

section comes into force. Transitional – funeral expenses 38

Section 22 (2), as it read immediately befo re 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 39

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 40

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 immedi ately 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 Schedul e 2, as it read immediately before the coming into force of this section, conti nue to apply in relation to counselling that occurred before the date this

section comes into force.

page 7 of 12 22

Schedule 1 is repealed and the following substituted:

Schedule 1 Prescribed Offences Item Column 1

Section of Criminal Code Column 2 Description of Offence 16 4 R i o t s 2 72 Forcible entry 3 76 Hijacking 4 77 Endangering safety of aircraft or airport 5 78 Offensive weapons a nd explosive substances 6 80 Breach of duty (duty of care of explosives) 7 81 Using explosives 8 85 Using firearm in commission of offence 9 86 Careless use of a firearm 10 87 Pointing a firearm 11 151 Sexual interference 12 152 Invitation to sexual touching 13 153 Sexual exploitation 14 153.1 Sexual exploitation of person with disability 15 155 Incest 16 160 (2) and

(3) Compelling the commission of bestiality; Bestiality in presence of or by child 17 162 Voyeurism 18 162.1 Publication, etc., of an intimate image without consent 19 163.1 Child pornography 20 170 Parent or guardian procuring sexual activity 21 171.1 Making sexually explicit material available to child 22 172.1 Luring a child 23 172.2 Agreement or arrangement – sexual offence against a child 24 173 Indecent acts (onl y if done for a sexual purpose); Exposure 25 180 Common nuisance 26 215 Failure to pr ovide necessaries 27 218 Abandoning child 28 220 Causing death by criminal negligence

page 8 of 12 29 221 Causing bodily harm by criminal negligence 30 229 Murder 31 236 Manslaughter 32 237 Infanticide 33 238 Killing unborn child in act of birth 34 239 Attempt to commit murder 35 241 Counselling or aiding suicide 36 244 and 244.1 Causing bodily harm with intent 37 245 Administering noxious thing 38 246 Overcoming resistance to commission of offence 39 247 Traps likely to cause bodily harm or death 40 248 Interfering with transportation facilities 41 262 Impeding attempt to save life 42 263 Failure to safeguard opening in ice/excavation on land 43 264 Criminal hara ssment (stalking) 44 264.1 Uttering threats 45 266 Assault 46 267 Assault with a weapon or causing bodily harm 47 268 Aggravated assault 48 269 Unlawfully causing bodily harm 49 269.1 Torture 50 270 Assaulting a Peace Officer 51 271 Sexual assault 52 272 Sexual assault with a weapon, threats to a third party or causing bodily harm 53 273 Aggravated sexual assault 54 273.3 Removal of child from Canada 55 279 Kidnapping, forcible confinement 56 279.01 Trafficking in persons 57 279.011 Trafficking of a person under the age of eighteen years 58 279.1 Hostage taking 59 280 Abduction of person under 16 60 281 Abduction of person under 14 Item Column 1

Section of Criminal Code Column 2 Description of Offence

page 9 of 12 23

Schedule 2 is amended (

a) by repealing items 1 and 6, and 61 282 Abduction in contravention of custody or parenting order 62 283 Abduction 63 286.3 Procuring 64 320.102 Conversion therapy 65 320.13 Dangerous operation (of a conveyance other than a motor vehicle) 66 320.14 Operation (of a conveyance other than a motor vehicle) while impaired 67 344 Robbery 68 346 Extortion 69 423 Intimidation 70 430

(2) Mischief causing actual danger to life 71 433 Arson 72 436 Arson by negligence 73 437 False alarm of fire 74 465 Conspiracy to commit murder Item Column 1

Section of Criminal Code Column 2 Description of Offence

page 10 of 12 (

b) by repealing items 2, 3, 4 and 5 and substituting the following: Column 1 Type of Counselling Column 2 Maximum Hourly Rate 2 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

page 11 of 12 3 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 prov iding 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 4 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 Column 1 Type of Counselling Column 2 Maximum Hourly Rate

page 12 of 12 5 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 Column 1 Type of Counselling Column 2 Maximum Hourly Rate

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 683/2023
Type	order_in_council
Volume / chapter	arc oic 0683 2023
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c7b69f44a4d5d86d201ea0741aeb93f850a0de1a

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