This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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Criminal Injuries Counselling Regulations

made under

Section 14 of the

Victims’ Rights and Services Act

S.N.S. 1989, c. 14

and

Clause 4(1)(

b) of the

Utility and Review Board Act

S.N.S. 1992, c. 11

O.I.C. 94-119 (February 15, 1994, effective April 28, 1992), N.S. Reg. 24/94

amended to O.I.C. 2024-371 (effective October 22, 2024), N.S. Reg. 212/2024

1 These regulations may be cited as the Criminal Injuries Counselling Regulations .

(1) An application for counselling pursuant to subsection 11A(1) of the Act shall be

(

a) in a form prescribed by the Director; and

(

b) accompanied by an authorization to release information in a form prescribed by

the Director.

(2) An application for counselling is deemed to be filed on the date the completed

application is received in the office of the Criminal Injuries Counselling Program.

3 [repealed]

4 The Director may request a police department or police agency to provide information

concerning the circumstances of an offence or alleged offence which is the subject of an

application to the Director, including but not limited to statements and Confidential

Instructions for Crown, and the police department or police agency shall provide the

information to the Director.

5 Counselling services, other than for victims of human trafficking or homicide, may be

provided in the form of individual counselling, group counselling or alternative

therapeutic approaches, so long as approved by the Director or recommended by an

approved counsellor as part of an approved treatment program, at the applicable rate set

out in

Section 5AC to a maximum of $4118.00 over a 2-year period beginning on the

date of the Director’s approval.

5A Counselling services for victims of a human trafficking offence as prescribed in the

Schedule to the Act, or an immediate family member of an offence that falls within the

definition of homicide in the Criminal Code (Canada) and is prescribed in the

Schedule

to the Act, may be provided in the form of individual counselling, group counselling or

alternative therapeutic approaches, so long as approved by the Director or recommended

by an approved counsellor as part of an approved treatment program, at the applicable

rate set out in

Section 5AC to a maximum of $8235.00 over a 3-year period beginning on

the date of the Director’s approval.

5AA Where necessary due to exceptional circumstances, the Director, in their sole discretion,

may approve counselling services beyond the time limits, rates and maximums provided

for in Sections 5 to 5A.

5AB The Director may approve counselling pursuant to

Section 5 in respect of the following

Criminal Code (Canada) offences if the offence occurred in the context of intimate

partner violence or was motivated by hatred against an identifiable group:

(a) 264.1 uttering threats;

(b) 430(1) mischief.

5AC Counselling services pursuant to

Section 5 or 5A shall be paid at the following rates:

(

a) for a registered psychologist as defined in the Psychologists Act , or an

individual who has a similar status in another province of Canada, state or

country, $210.00 per hour;

(

b) for a social worker as defined in the Social Workers Act , or an individual who

has a similar status in another province of Canada, state or country, $175.00

per hour; and

(

c) for a counselling therapist as defined in the Counselling Therapists Act , or an

individual who has a similar status in another province of Canada, state or

country, $160.00 per hour.

5B An applicant for counselling may appeal a decision of the Director to the person or

tribunal hearing the appeal on any question as to law or the jurisdiction of the Director

but no other question.

(1) Pursuant to clause (

b) of subsection (1) of

Section 4 of the Utility and Review Board

Act and for the purpose of

Section 11L of the Act, an appeal from a decision of the

Director shall be to the Nova Scotia Utility and Review Board.

(2) An appeal pursuant to subsection (1) of

Section 6 may be brought by filing a notice

of appeal, in a form prescribed by the Director, with the Clerk of the Board within 30

days of receipt of the decision of the Director.

(3) A notice of appeal shall be served by the applicant on the Director within 30 days of

receipt of the decision of the Director.

(4) Service on the Director may be effected by filing a copy of the notice of appeal with

the Director.

(1) The Board, on appeal, may receive in evidence any statement, document,

information or matter that in its opinion may assist it to deal effectively with the

matter before it, whether or not the statement, document, information or matter is

given or produced under oath or would be admissible as evidence in any court of

law.

(2) The Board may determine its own procedure for the hearing of an appeal.

(1) All appeal hearings shall be open to the public except where

(

a) the person whose act or omission caused the injury or death has not been

charged with a criminal offence or, if charged, has not been convicted of any

criminal offence;

(

b) the Board determines it would not be in the interests of the victim, or of the

dependants of the victim, of an alleged sexual offence to hold the hearings in

public; or

(

c) the Board determines that it is in the interests of the parties or in the public

interest not to hold the hearings in public.

(2) Where the Board considers it necessary for one or more of the reasons mentioned in

subsection (1),

(

a) the Board may make an order prohibiting publication of any report or account

of the whole or any part of the evidence at the hearing of an appeal; and

(

b) in making an order pursuant to this subsection the Board shall have regard to

the desirability of permitting the public to be informed of the principles and

nature of each case.

(3) Any person who publishes a report or account of any evidence at a hearing contrary

to an Order of the Board pursuant to subsection (2) is guilty of an offence and on

summary conviction is liable to a fine of not more than $2,000.00 or to

imprisonment for a term of not more than one year or to both.

(4) Despite subsection (3), where a corporation is convicted of an offence pursuant to

subsection (3), the maximum penalty that may be imposed upon the corporation is

$25,000.00.

9 These regulations apply to any application made pursuant to

Section 11A of the Victims’

Rights and Services Act on and after the date the Financial Measures

(2000) Act comes

into force.

Legislative History

Reference Tables

Criminal Injuries Counselling Regulations

N.S. Reg.

24/1994

Victims’ Rights and Services Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Criminal Injuries Counselling Regulations made

under the Victims’ Rights and Services Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

24/1994

Apr 28, 1992

date specified

Mar 4, 1994

111/2000

June 8, 2000

date specified

Jun 30, 2000

242/2008

Apr 7, 2008

date specified

Apr 25, 2008

270/2009

Aug 26, 2009

date specified

Sep 11, 2009

212/2024

Oct 22, 2024

date specified

Oct 18, 2024

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

1 ........................................................

am. 212/2024 2

2 ........................................................

rs . 212/2024

. 2(1) .................................................

am. 111/2000

. 2(2) .................................................

am. 111/2000

. 2(4) .................................................

ad. 111/2000

3 ........................................................

rep. 212/2024

4 ........................................................

am. 111/2000

5 ........................................................

rs . 212/2024

. 5(1) .................................................

rs . 111/2000, 242/2008; ra. as 5(1A) 270/2009

. 5(1) .................................................

ad. 270/2009

. 5(1A) ..............................................

ra. from 5(1) 270/2009

. 5(2) .................................................

am. 111/2000

. 5(4) .................................................

ad. 111/2000

5A .....................................................

ad. 111/2000 ; ra. as 5B 270/2009

5A .....................................................

ad. 270/2009 ; rs . 212/2024

5AA-5AC .........................................

ad. 212/2024

5B .....................................................

ra. from 5A 270/2009; am.

212/2024

6(2) ...................................................

am. 111/2000, 212/2024

6(3) ...................................................

am. 212/2024

9 ........................................................

rs . 111/2000

Forms 1 and 2 ...................................

rep. 111/2000

Form 3 ..............................................

rep. 212/2024

Appendix A ......................................

rep. 111/2000

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Regulations originally made under both the Victims’

Rights and Services Act and the Utility and Review Board Act ,

S.N.S. 1992, c. 11 (regulations continued and subsequently amended under Victims’

Rights and Services Act ).

Title of

regulations amended from Criminal Injuries Compensation Regulations .

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of

regulations on this subject matter.