Bill 16 (Legislature 30, Session 2)

L30 S2 11846

Alberta — Bills

2020 Bill 16 Second Session, 30th Legislature, 69 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 16 VICTIMS OF CRIME (STRENGTHENING PUBLIC SAFETY) AMENDMENT ACT, 2020 THE MINISTER OF JUSTICE AND SOLICITOR GENERAL Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 16 BILL 16 2020 VICTIMS OF CRIME (STRENGTHENING PUBLIC SAFETY) AMENDMENT ACT, 2020 ( A s s e n t e d t o , 2 0 2 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cV-3 1 The Victims of Crime Act is amended by this Act. 2 The title of the Act is repealed and the following is substituted: VICTIMS OF CRIME AND PUBLIC SAFETY ACT 3

Section 1 is amended (

a) by adding the following after clause (c): (c.1) “Class Action Settlement Agreement” means the Settlement Agreement approved by the Court of Queen’s Bench in Action #0403 12898; (

b) in clause (

d) by striking out “Victims of Crime Programs Committee” and substituting “Victims of Crime and Public Safety Programs Committee”; (

c) by repealing clause (

i) and substituting the following:

1 Explanatory Notes Explanatory Notes 1 Amends

chapter V-3 of the Revised Statutes of Alberta 2000. 2 The title of the Act presently reads: VICTIMS OF CRIME ACT 3

Section 1 presently reads in part: 1 In this Act, (d) “Committee” means the Victims of Crime Programs Committee established under

section 5; (i) “former Act” means the Crim inal Injuries Compensation Act, RSA 1980 cC-33; (j) “Fund” means the Victims of Crime Fund; (k.01) “police service” means a police service as defined in the Police Act and includes any other police service prescribed in the regulations;

2 (i) “former Act” means the Victims of Crime Act, RSA 2000 cV-3, as it existed immediately before this clause comes into force; (

d) by repealing clause (

j) and substituting the following: (j) “Fund” means the Victims of Crime and Public Safety Fund continued under

section 9(1); (

e) by repealing clauses (k.01) and (k.1) and substituting the following: (k.1) “police service” means a po lice service as defined in the Police Act and includes any other police service prescribed in the regulations; (k.2) “public safety” means pu blic safety in the context of criminal justice and proceedings under the Provincial Offences Procedure Act; (k.3) “Review Board” means th e Criminal Injuries Review Board referred to in

section 7; 4

Section 2 is amended (

a) by repealing subsection (1)(

d) and substituting the following: (

d) victims should receive b enefits promptly in accordance with this Act and the regulations; (

b) by adding the following after subsection (2):

(3) Public safety should be protected and promoted through government collaboration and investment in priority programs and initiatives. 5

Section 5(1) is repealed and the following is substituted: Committee 5(1) The Victims of Crime Programs Committee is continued as the “Victims of Crime and Public Safety Programs Committee”.

2 Explanatory Notes (k.1) “Review Board” means the Criminal Injuries Review Board referred to in

section 7; 4

Section 2 presently reads in part: 2(1) The following principles apply to the treatment of victims: (

d) victims should promptly recei ve, in accordance with this Act and the regulations, financial benefits for the injuries that they have suffered;

(2) Victims should report the crime and co-operate with a police service. 5

Section 5(1) presently reads: 5(1) A Victims of Crime Programs Committee is established consisting of at least 3 but not more than 5 members appointed by the Minister.

(1.1) The Committee is to consist of at least 3 but not more than 5 members appointed by the Minister. 6

Section 6 is amended by repealing clauses (

a) and (

b) and substituting the following: (

a) evaluate applications for g rants relating to programs or initiatives intended to benefit victims of crime or to promote public safety, and provide recommendations to the Minister based on those evaluations, (

b) provide information with respect to programs and services that assist victims and promote public safety, and 7

Section 7.1 is amended (

a) by repealing subsection (1) and substituting the following: Panels 7.1(1) The Review Board shall, subject to and in accordance with this Act and the regulations, review decisions of the Director made under

section 13 or 15 of the former Act that relate to a member of the class described in the Class Action Settlement Agreement until there is an order of the Court of Queen’s Bench winding up the proceedings that gave rise to the Class Action Settlement Agreement. (

b) in subsection (2.1) by striking out “section 14(4)” and substituting “section 14(3)”. 8

Section 9 is amended (

a) by repealing subsection (1) and substituting the following: Fund 9(1) The Victims of Crime Fund is continued as the “Victims of Crime and Public Safety Fund”. (

b) in subsection (2)(

e) by striking out “subject to

section 19(2),”. 9

Section 10 is repealed and the following is substituted:

3 Explanatory Notes 6

Section 6 presently reads in part: 6 At the request of the Director, the Committee is to (

a) evaluate applications for grants relating to programs intended to benefit victims of crime, and provide recommendations to the Minister based on those evaluations, (

b) provide information with respect to programs and services that assist victims, and 7

Section 7.1 presently reads in part: 7.1(1) The Review Board shall, subject to and in accordance with the regulations, review decisions of the Director made under

section 13, 13.01 or 15.

(2.1) A member of the Review Board, including the chair, is not eligible to sit as a member of a panel to conduct a review of the same matter in respect of which that member has evaluated a request under

section 14(4). 8

Section 9 presently reads in part: 9(1) The Victims’ Programs Assistance Fund is continued as the “Victims of Crime Fund”.

(2) The following must be deposited into the Fund: (

e) subject to

section 19(2), m oney received as repayment of a financial benefit under this Act; 9

Section 10 presently reads:

4 Use of Fund 10 The Minister may, in accordance with this Act and the regulations, make payments from the Fund with respect to the following: (

a) grants relating to programs that benefit victims of crime and promote public safety; (

b) without limiting the gene rality of clause (a), grants relating to programs that provide counselling to children who are victims of sexual exploitation or other criminal offences causing physical or mental harm; (

c) programs and initiatives that benefit victims of crime and promote public safety; (

d) costs incurred by the Committee and the Review Board in carrying out its duties under this Act; (

e) remuneration and expenses payable to the members of the Committee and the Review Board; (

f) financial benefits payable pursuant to sections 13 and 15; (

g) death benefits payable pursuant to

section 13.01; (

h) the costs of administering this Act. 10

Section 12 is repealed and the following is substituted: Eligibility for financial benefits 12(1) A victim is (

a) eligible for financial b enefits in accordance with the regulations if the injury to the victim was the direct result of

an act or omission that occurred in Alberta and that is one of the offences under the Criminal Code (Canada) specified in the regulations, and (

b) not eligible for financial benefits if (

i) the victim was convict ed of a criminal offence arising from the events that resulted in the injury, or

4 Explanatory Notes 10 The Minister may, in accordance with this Act and the regulations, make payments from the Fund (

a) for grants relating to programs that benefit victims of crime; (a.01) without limiting the gene rality of clause (a), for grants relating to programs that provide counselling to children who are victims of sexual exploitation or other criminal offences causing physical or mental harm; (a.1) for programs that be nefit victims of crime; (

b) for costs incurred by the Committee and the Review Board in carrying out their duties under this Act; (

c) for remuneration and expenses payable to the members of the Committee and the Review Board; (

d) for financial benefits payable pursuant to sections 13, 15 and 19(2); (d.1) for death benefits payabl e pursuant to

section 13.01; (

e) to pay the costs of administering this Act. 10

Section 12 presently reads: 12(1) Subject to subsection (2), a victim may apply to the Director for financial benefits in accordance with the regulations if the injury to the victim was the direct result of

an act or omission that occurred in Alberta and that is one of the offences under the Criminal Code (Canada) specified in the regulations.

(2) A victim who is convicted of a criminal offence arising from the events that resulted in the injury is not eligible for financial benefits.

5 (ii) the offence was not re ported to a police service within a reasonable period of time after the date the victim first knew or in the circumstances ought to have known that the offence occurred.

(2) A victim is eligible for the following financial benefits only: (

a) financial benefits applied for under

section 12 of the former Act if, before the coming into force of this section, the Director has neither dismissed the application nor provided the applicant with a copy of the Director’s decision and reasons for decision under

section 13 of the former Act; (

b) a supplemental benefit for victims who suffer a severe neurological injury, as defined in the regulations; (

c) a payment referred to in

section 15; (

d) subject to subsection (3), a financial benefit in respect of which a person may submit a request for reconsideration under

section 20(1), concerning a member of the class described in the Class Action Settlement Agreement.

(3) If the Court of Queen’s Bench issues an order winding up the proceedings that gave rise to the Class Action Settlement Agreement, subsection (2)(

d) has no effect. 11 Sections 12.2 and 12.3 are repealed and the following is substituted: Application for supplemental benefit 12.2(1) An application may be made under

section 12 (

a) only in respect of a supp lemental benefit referred to in

section 12(2)(b), and (

b) only if the offence was reported to a police service within a reasonable period of time after the offence occurred.

(2) Except as provided in

section 12.4, the application must be made within 2 years after the date on which the applicant first

5 Explanatory Notes 11 Sections 12.2 and 12.3 presently read: 12.2(1) An application under

section 12 may be made only if the offence was reported to a police service within a reasonable period of time after the date the victim first knew or in the circumstances ought to have known that the offence occurred.

(1.1) An application under

section 12.1 may be made only if the offence was reported to a police service within a reasonable period of time after the offence occurred.

(2) Subject to

section 12.3, an application under

section 12 or 12.1 must be made (

a) within 2 years after the date on which the victim or applicant, as the case may be, first knew, or in the circumstances ought to have known, that the offence occurred, or

6 knew or in the circumstances ought to have known that the offence occurred. Application for death benefit 12.3(1) An application under

section 12.1 may be made only if the offence was reported to a police service within a reasonable period of time after the offence occurred.

(2) Except as provided in

section 12.4, the application must be made within 2 years after the date on which the applicant first knew or in the circumstances ought to have known that the offence occurred. 12

Section 12.4 is amended by striking out “Notwithstanding sections 12.2(2)(

b) and 12.3” and substituting “Despite sections 12.2(2) and 12.3(2)”. 13

Section 13 is amended (

a) in subsection (1) by striking out “On receipt of an application for financial benefits” and substituting “On receipt of an application under

section 12.2 in respect of a supplemental benefit”; (

b) in subsection (3) by adding “of the former Act” after “an application made under subsection (1)”.

6 Explanatory Notes (

b) within 10 years after the offence occurred, whichever period expires first. 12.3 If the victim was a minor at the time the offence occurred, an application under

section 12 must, subject to the regulations, be made within 10 years from the date the victim reaches the age of majority. 12

Section 12.4 presently reads: 12.4 Notwithstanding sections 12.2(2)(

b) and 12.3, the Director may extend the period of time for making an application where the Director determines that there are compelling reasons to do so. 13

Section 13 presently reads in part: 13(1) On receipt of an application for financial benefits, the Director must determine, in accordance with this Act and the regulations, whether a person is eligible under

section 12 for financial benefits and, if so, the amounts of the financial benefits, if any.

(3) The Director may dismiss an application made under subsection (1) (

a) if the Director determines that the victim is not eligible under

section 12, (

b) if, in the opinion of the Director, the victim (

i) did not fully cooperate with any investigation into the events that resulted in the injury of the victim, or (ii) did not provide inform ation required under subsection (2)(a), or (

c) for any other reason provided for in the regulations.

7 14

Section 13.1 is repealed and the following is substituted: Information 13.1(1) The Director is authorized to collect information, including personal information that the Director reasonably believes is necessary, for the purpose of determining whether a person is eligible for a benefit under this Act or the amount of that benefit.

(2) The Director is authorized for the purposes of subsection (1) to collect and use information, including personal information, from (

a) a police service relating to the event to which the benefi t relates or to determine previous conduct of the victim, (

b) a person who provided diagnostic services, treatment or care or other similar medical services to the victim, or (

c) a public body as defined in the Freedom of Information and Protection of Privacy Act to determine or verify whether a person is eligible for a benefit under this Act.

(3) The persons, bodies and agencies referred to in subsection (2) are authorized to provide information, including personal information, to the Director for the purpose of determining whether a person is eligible for a benefit under this Act.

(4) The Director may disclose information, including personal information, collected under this Act (

a) to any person for the purpose of determining whether a person is eligible for a benefit under this Act or the amount of that benefit, or (

b) to a parent, spouse or adult interdependent partner, child or other family member of an applicant or victim or to a recognized victim services agency for the purpose of (

i) confirming the existence or status of an application received from an applicant or victim, or (ii) disclosing the amount of any award if, in the Director’s opinion, to do so would not be an

7 Explanatory Notes 14

Section 13.1 presently reads: 13.1(1) The Director is authorized to collect information, including personal information that the Director reasonably believes is necessary, for the purpose of determining whether a person is eligible for financial benefits or a death benefit under this Act or determining the amounts of those financial benefits or the amount of that death benefit.

(2) The Director is authorized for the purposes of subsection (1) to collect and use information, including personal information, from (

a) a police service relating to the event that resulted in the injury or death of the victim or to determine previous conduct of the victim, (

b) a person who provided diagnosti c, treatment or care or other similar medical services to the victim, or (

c) a public body as defined in the Freedom of Information and Protection of Privacy Act to determine or verify whether a person is eligible for financial benefits or a death benefit under this Act or to determine the amounts of those financial benefits or the amount of that death benefit.

(3) The persons, bodies and agencies referred to in subsection (2) are authorized to provide information, including personal information, to the Director for the purpose of determining whether a person is eligible for financial benefits or a death benefit under this Act or determining the amounts of those financial benefits or the amount of that death benefit.

(4) The Director may disclose information, including personal information, collected under this Act (

a) to any person for the purpose of determining whether a person is eligible for financial benefits or a death benefit under this Act or determining the amounts of those financial benefits or the amount of that death benefit, or (

b) to a parent, spouse or adult interdependent partner, child or other family member of an applicant or victim or to a recognized victim services agency for the purpose of (

i) confirming the existence or status of an application received from an applicant or victim, or

8 unreasonable invasion of the applicant’s or victim’s personal privacy. 15

Section 14(1) to (7) are repealed and the following is substituted: Review by chair or member designated by chair 14(1) The chair or a member designated by the chair must consider requests for review of a benefit concerning a member of the class described in the Class Action Settlement Agreement until there is an order of the Court of Queen’s Bench winding up the proceedings that gave rise to the Class Action Settlement Agreement.

(2) The Director, on being notified of the request for review, must provide the chair or member designated by the chair with a copy of all information collected or generated by the Director in respect of the application for financial benefits, the Director’s decision and reasons for the decision.

(3) The chair or member designated by the chair must evaluate the request and information provided by the Director and determine whether the request (

a) is frivolous, vexatious or made in bad faith, or (

b) has no grounds.

(4) If the chair or member designated by the chair determines under subsection (3)(

a) that the request is frivolous, vexatious or made in bad faith, or determines under subsection (3)(

b) that the request has no grounds, the chair or member designated by the chair may dismiss the request and notify the applicant and the Director of the decision.

(5) The Review Board, chair or member designated by the chair, as the case may be, may refer an application for financial benefits back to the Director for reconsideration of the Director’s decision if at any time before the Review Board makes a decision under

section 14.01(1) it is determined that significant new information exists respecting the application.

8 Explanatory Notes (ii) disclosing the amount of any award if, in the Director’s opinion, it would not be an unreasonable invasion of the applicant’s or victim’s personal privacy. 15

Section 14(1) to (7) presently read: 14(1) Within 30 days of receiving a copy of the Director’s decision under

section 15.1, an applicant may make a written request to the Review Board for a review of a decision of the Director made under

section 13, 13.01 or 15.

(2) The Review Board may, on receipt of a request made before or after the expiry of the period of time referred to in subsection (1), extend that period of time where the Review Board is of the opinion that there are sufficient grounds for doing so.

(3) On receipt of a request for review, the chair of the Review Board, or a member designated by the chair, must notify the Director of the request for review.

(3.1) The Director, on being notified of the request for review, must provide the chair or the member designated by the chair with a copy of all information collected or generated by the Director in respect of the application for financial benefits or a death benefit, the Director’s decision and reasons for the decision.

(4) The chair or the member designated by the chair must evaluate the request and all material provided by the Director under subsection (3.1) to determine whether the request (

a) is frivolous, vexatious or made in bad faith, or (

b) has no grounds.

(5) If the chair or member designated by the chair determines under subsection (4)(

a) that the request is frivolous, vexatious or made in bad faith, or determines under subsection (4)(

b) that the request has no grounds, the chair or member designated by the chair may dismiss the request and notify the applicant and the Director of the decision.

(6) The Review Board, chair or member designated by the chair, as the case may be, may refer an application for financial benefits or a death benefit back to the Director for reconsideration of the Director’s decision if at any time before the Review Board makes a

(6) The Review Board, chair or member designated by the chair, as the case may be, must notify the applicant of a referral made under subsection (5).

(7) If a request is not dismissed under subsection (4) and the application is not referred back to the Director under subsection (5), the chair or member designated by the chair must refer the matter to the Review Board for review in accordance with

section 7.1 and must (

a) notify the Director of the referral, and (

b) notify the applicant of (

i) the referral, and (ii) the applicant’s right to choose whether the review will be conducted orally or in writing. 16

Section 14.01(4) is repealed and the following is substituted:

(4) A decision of the Review Board under subsection (1) is final. 17

Section 14.1 is repealed. 18

Section 15 is repealed and the following is substituted:

9 Explanatory Notes decision under

section 14.01(1) it is determined that significant new information exists respecting the application.

(6.1) The Review Board, chair or member designated by the chair, as the case may be, must notify the applicant of a referral made under subsection (6).

(7) If a request is not dismissed under subsection (5) and the application is not referred back to the Director under subsection (6), the chair or the member designated by the chair must refer the matter to the Review Board for review in accordance with

section 7.1 and must (

a) notify the Director of the referral, and (

b) notify the applicant of (

i) the referral, and (ii) the applicant’s right to c hoose whether the review will be conducted orally or in writing. 16

Section 14.01(4) presently reads:

(4) Subject to

section 14.1, a decision of the Review Board under subsection (1) is final. 17

Section 14.1 presently reads: 14.1(1) The Director or the applicant may appeal a decision of the Review Board to the Court of Appeal only on a question of jurisdiction or on a question of law.

(2) Notice of an appeal under subsection (1) must be made within 30 days after the receipt of a copy of the Review Board’s decision by the person appealing.

(3) Notice of the appeal must be given to the parties affected by the appeal and to the Review Board. 18

Section 15 presently reads:

10 Payments 15(1) In this section, “CIC Act” means the Criminal Injuries Compensation Act, RSA 1980 cC‑33.

(2) Subject to subsection (3), if The Crimes Compensation B oard under the CIC Act made an order for the payment of com pensation, including periodic payments, and all the paym ents ordered by that Board have not been paid, the M inister must, subject to there being sufficient money in the Fund, continue to make the payments, as financial benefits, as or dered by that Board.

(3) The Director may, in accordance with this Act, review and resci nd, confirm or vary an order under the CIC Act under w hich payments are paid or payable (

a) on an application by or on behalf of the person to whom or for whose benefit compensation is payable under the CIC Act, or (

b) on the Director’s own initiative. (4 ) Th e Director may impose any terms and conditions that the Di rector considers appropriate on an order reviewed pursuant to subsection (3). (5 ) This Act and the regulations under this Act apply to reviews of orders made under the CIC Act. 19

Section 15.1 is repealed and the following is substituted: Director’s decision 15.1 After making a decision under

section 13, 13.01, 15 or 21(4)(a), the Director must (

a) provide the applicant with a copy of the decision and reasons for the decision, and (

b) advise the applicant (

i) that the applicant may request that the Review Board review the Director’s decision under

section 13 or 15 of the former Act, if the decision relates to a member o f the class described in the Class Action Settlement Agreement, or

10 Explanatory Notes 15(1) Subject to subsection (2), if The Crimes Compensation Board under the former Act made an order for the payment of compensation including periodic payments and all the payments ordered by that Board have not been paid, the Minister must, subject to there being sufficient money in the Fund, continue to make the payments, as financial benefits, as ordered by that Board.

(2) The Director may, in accordance with this Act, review and rescind, confirm or vary an order under the former Act under which payments are paid or payable (

a) on an application by or on be half of the person to whom or for whose benefit compensation is payable under the former Act, or (

b) on the Director’s own initiative.

(3) The Director may impose any terms and conditions that the Director considers appropriate on an order reviewed pursuant to subsection (2).

(5) This Act and the regulations under this Act apply to reviews of orders made under the former Act and to appeals of those reviews. 19

Section 15.1 presently reads: 15.1 After making a decision under

section 13, 13.01 or 15, the Director must (

a) provide the applicant with a copy of the decision and reasons for the decision, and (

b) advise the applicant that the applicant may request that the Review Board review the Director’s decision.

11 (ii) that the applicant may, within 30 days, apply for judicial review of the decision. 20

Section 16 is amended (

a) in subsection (1) by striking out “financial benefits, a death benefit” and substituting “a benefit”; (

b) in subsection (3) by striking out “financial benefits, death benefit” and substituting “benefit”. 21

Section 17 is amended (

a) by repealing clauses (b.2) to (

g) and substituting the following: (

c) respecting payments under

section 10; (

d) respecting grants for programs under

section 10 and the amounts of the grants; (

e) respecting applications for grants; (

f) respecting the conditions on which a grant is made and requiring the repayment of the grant or a part of the grant to the Fund if the conditions are not met; (

g) requiring a recipient of a grant to account for how the grant is spent; (g.1) governing the operation of a program or initiative referred to in

section 10(

c) for the benefit of victims of crime or the promotion of public safety; (

b) by repealing clauses (

h) to (

n) and substituting the following: (

h) specifying offences under the Criminal Code (Canada) for the purposes of

section 12; (

i) respecting applications for a supplemental benefit under

section 12.2, including prescribing the persons who may

11 Explanatory Notes 20

Section 16 presently reads in part: 16(1) No person shall make a false or misleading statement in an application for financial benefits, a death benefit or a grant.

(3) If a person is convicted of an offence under this section, any financial benefits, death benefit or grant paid to that person under this Act may be recovered by the Minister as a debt due to the Crown. 21

Section 17 presently reads in part: 17 The Lieutenant Governor in Council may make regulations (b.2) respecting applications for a death benefit, including prescribing the persons who may apply for a death benefit and prescribing the time period within which an application for a death benefit must be made, and the evaluation of those applications; (b.3) prescribing the amount of a death benefit and the purposes for which a death benefit may be used; (

c) respecting payments under

section 10; (

d) respecting grants for programs under

section 10 and the amounts of the grants; (

e) respecting applications for grants; (

f) respecting the conditions on which a grant is made and requiring the repayment of the grant or a part of the grant to the Fund if the conditions are not met; (

g) requiring a recipient of a gr ant to account for how the grant is spent; (

h) specifying offences under the Criminal Code (Canada) for the purposes of sections 12(1) and 12.1; (

i) respecting applications for financial benefits and the evaluation of those applications;

12 apply for a supplemental b enefit and the evaluation of those applications; (

j) respecting the evaluation of applications for financial benefits; (

k) describing conduct for which and providing for amounts by which financial benefits are to be reduced for the purposes of

section 13(4); (

l) respecting the classes of injury, damages and expenses with respect to which financial benefits are payable; (

m) prescribing the amounts, including the maximum amount, of financial benefits payable with respect to any class of injury or expense and with respect to any one application; (

n) respecting other reasons for which the Director may dismiss an application for financial benefits; (

o) specifying offences under the Criminal Code (Canada) for the purposes of

section 12.1; (

p) respecting applications for a death benefit under

section 12.1, including prescribing the persons who may apply for a death benefit, the time period within which an application for a death benefit must be made and the evaluation of those applications; (

q) prescribing the amount of a death benefit and the purposes for which a death benefit may be used; (

r) respecting terms and conditions to be imposed on the payment of a benefit and how and when the payments of a benefit are to be made; (

s) respecting a reconsiderati on referred to in

section 20(1); (

t) respecting reviews by the Review Board. 22

Section 19 is repealed and the following is substituted:

12 Explanatory Notes (

j) describing conduct for whic h and providing for amounts by which financial benefits are to be reduced for the purposes of

section 13(4); (

k) respecting the classes of injury, damages and expenses with respect to which financial benefits are payable; (

l) prescribing the amounts, including the maximum amount, of financial benefits payable with respect to any class of injury or expense and with respect to any one application; (l.1) respecting other reasons fo r which the Director may dismiss an application made under

section 12(1); (

m) respecting terms and conditions to be imposed on the payment of financial benefits or a death benefit and how and when the payments of financial benefits or a death benefit are to be made; (

n) respecting reviews by the Review Board. 22

Section 19 presently reads: 19(1) Any repayment to the Crown made after the coming into force of this Act for compensation paid pursuant to the former Act is to be paid into the General Revenue Fund.

13 Transitional — payments 19 Any repayment to the Crown made after the coming into force of this Act for compensation paid pursuant to any of the following Acts is to be paid into the General Revenue Fund: (

a) the former Act; (

b) t h e Victims of Crime Act, SA 1996 cV-3.3; (

c) t h e Criminal Injuries Compensation Act, RSA 1970 c75. 23

Section 20 is repealed and the following is substituted: Transitional — reconsideration applications 20(1) A person entitled to submit a request for reconsideration under the former Act and the regulations under that Act concerning a member of the class described in the Class Action Settlement Agreement may submit the application under this

section and the application must be dealt with in accordance with this Act and the regulations under this Act.

(2) If the Court of Queen’s Bench issues an order winding up the proceedings that gave rise to the Class Action Settlement Agreement, this

section has no effect. 24

Section 21 is repealed and the following is substituted: Transitional — reviews 21(1) If a person has applied to the Review Board for a review of a decision of the Director and the review has not been concluded or dismissed before the coming into force of this section, the review must continue to be dealt with in accordance with this Act and the regulations if the benefit was applied for under the former Act or

section 20 and concerns a member of the class described in the Class Action Settlement Agreement.

(2) If the Court of Queen’s Bench issues an order winding up the proceedings that gave rise to the Class Action Settlement Agreement, subsection (1) has no effect.

(3) Where a person has applied to the Review Board for a review of a decision of the Director, the review has not been dismissed nor a decision rendered under

section 14.01 before the coming into force of this

section and the benefit under

13 Explanatory Notes

(2) If an order was made for compensation under the former Act but on November 1, 1997 the compensation has not been paid, the order continues as if it were a decision to pay financial benefits under this Act and, subject to

section 15, the compensation continues to be payable as financial benefits under this Act. 23

Section 20 presently reads: 20 Where a person has applied to the Review Board for a review of a decision of the Director and the review has not been concluded or dismissed before the coming into force of the Victims of Crime Amendment Act, 2011, the review must continue to be dealt with in accordance with this Act and the regulations as they read immediately before the coming into force of the Victims of Crime Amendment Act, 2011. 24

Section 21 presently reads: 21(1) In this section, “former

section 14(7)” means

section 14(7) as it read immediately before the coming into force of this section.

(2) Where an applicant applied for a review pursuant to

section 14(1) on or after October 1, 2011 and before the coming into force of this

section and the application was referred to the Review Board pursuant to the former

section 14(7), the Review Board must notify the applicant that the applicant has a right to choose whether the review will be conducted orally or in writing.

14 review is not referred to in subsection (1), the review is terminated and the Review Board, chair or member designated by the chair, as the case may be, must refer the review to the Director.

(4) Where the Director receives a referral under subsection (3), the Director may, as the Director considers appropriate, (

a) reconsider the matter, or (

b) notify the applicant in w riting that the applicant may, within 30 days from the date of the notice, apply for judicial review of the decision. 25 The following is added after

section 21: Transitional — Criminal Injuries Review Board disestablished 22(1) The Criminal Injuries Review Board is disestablished.

(2) This

section comes into force on Proclamation, which may not be made until the Court of Queen’s Bench has issued an order winding up the proceedings that gave rise to the Class Action Settlement Agreement. Transitional — future amendments and repeals 23(1) This

section amends the Victims of Crime and Public Safety Act.

(2) Section 10(

f) is amended by striking out “sections 13 and 15” and substituting “section 15”.

(3) Section 15.1 is amended by striking out “section 13, 13.01, 15 or 21(4)(a)” and substituting “section 13.01”.

(4) Section 18 is amended by striking out “sections 14(7) and 16(2) and (3)” and substituting “section 16(2) and (3)”.

(5) The following provisions are repealed:

section 1(k.3);

section 3(2)(c);

section 7;

section 7.1;

section 10(e);

section 12;

14 Explanatory Notes 25 Transitional — Criminal Injuries Review Board disestablished; transitional — future amendments and repeals; power to amend regulations.

section 13;

section 14;

section 14.01;

section 17(

h) to (n), (

s) and (t);

section 20;

section 21.

(6) This

section comes into force on Proclamation, which may not be made until the Court of Queen’s Bench has issued an order winding up the proceedings that gave rise to the Class Action Settlement Agreement. Power to amend regulations 24(1) Where multiple regulations are to be enacted or amended at the same time for the purposes of consistency with or the implementation of this Act, the Lieutenant Governor in Council may enact or amend those regulations notwithstanding that one or more of the regulations was made by a member of the Executive Council.

(2) Nothing in this

section authorizes an amendment to a regulation that would not have been authorized by the Act under which the regulation was made. Related and Consequential Amendments Amends RSA 2000 cC-23 26(1) The Conflicts of Interest Act is amended by this section.

(2) Part 3 of the

Schedule is amended by striking out “Criminal Injuries Review Board”.

15 Explanatory Notes Related and Consequential Amendments 26(1) Amends

chapter C-23 of the Revised Statutes of Alberta 2000.

(2) Part 3 of the

Schedule presently reads in part:

Part 3 Other Disqualifying Offices The Lieutenant Governor in Council may by regulation amend this Part to add any office the Lieutenant Governor in Council considers appropriate for the purposes of this Act. The office of chair or member of any of the following: Criminal Injuries Review Board

(3) This

section has effect on the coming into force of

section 22 of the Victims of Crime and Public Safety Act. Amends RSA 2000 cP-34 27(1) The Provincial Offences Procedure Act is amended by this section.

(2) Section 1(

m) is amended by striking out “Victims of Crime Act” and substituting “Victims of Crime and Public Safety Act”.

(3) Section 7(2.1) is repealed and the following is substituted:

(2.1) In proceedings commenced by way of an information or under

Part 2, a justice sentencing a defendant convicted of an offence shall consider the ability of the defendant to pay a fine and, where applicable, the surcharge, and, notwithstanding any provision to the contrary in any other enactment, may refuse to impose a period of imprisonment in default of payment of the fine or the surcharge where imprisonment would not serve the public interest.

(4) Section 14(1) is amended by striking out “Victims of Crime Act” and substituting “Victims of Crime and Public Safety Act”. Amends SA 2001 cV-3.5 28(1) The Victims Restitution and Compensation Payment Act is amended by this section.

(2) Section 1(1)(

d) is repealed and the following is substituted: (d) “Victims of Crime and Pu blic Safety Fund” means the Victims of Crime and Public Safety Fund under the Victims of Crime and Public Safety Act.

16 Explanatory Notes

(3) Coming into force. 27(1) Amends

chapter P-34 of the Revised Statutes of Alberta 2000.

(2) Section 1(

m) presently reads: 1 In this Act, (m) “surcharge” means a surchar ge under the Victims of Crime Act;

(3) Section 7(2.1) presently reads:

(2.1) In proceedings commenced under

Part 2 pursuant to

section 22(3), a justice sentencing a defendant convicted of an offence shall consider the ability of the defendant to pay a fine and, notwithstanding any provision to the contrary in any other enactment, may refuse to impose a period of imprisonment in default of payment of the fine where imprisonment would not serve the public interest.

(4) Section 14(1) presently reads: 14(1) Subject to

section 8(5) of the Victims of Crime Act and any express provision in another enactment, the disposition of a penalty, fine or sum of money or the proceeds of a forfeiture under the enactment belong to the Crown in right of Alberta. 28(1) Amends

chapter V-3.5 of the Statutes of Alberta, 2001.

(2) Section 1(1)(

d) presently reads: 1(1) In this Act, (d) “Victims of Crime Fund” me ans the Victims of Crime Fund under the Victims of Crime Act.

(3) Section 45 is repealed and the following is substituted: Victims of Crime and Public Safety Fund 45 If, in respect of an illegal act, money is paid under this Act to the Crown for the purposes of being used under this Division but, in the opinion of the Minister, it is not possible or reasonably practicable to make a payment or grant under

section 44, that money is to be paid by the Crown into the Victims of Crime and Public Safety Fund to be used under the Victims of Crime and Public Safety Act.

17 Explanatory Notes

(3) Section 45 presently reads: 45 If, in respect of an illegal act, money is paid under this Act to the Crown for the purposes of being used under this Division but, in the opinion of the Minister, it is not possible or reasonably practicable to make a payment or grant under

section 44, that money is to be paid by the Crown into the Victims of Crime Fund to be used under the Victims of Crime Act.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2020 (30th, 2nd) Bill 16, Victims of Crime (Strengthening Public Safety) Amendment Act, 2020

Document details

Collection	Alberta — Bills
Citation	L30 S2 11846
Type	bill
Volume / chapter	L30 S2 11846
Language	en
Format	json
Source	PROVINCIAL
Identifier	cec9341e2dc4b66dfd3d21f22a02890ff4e71fac

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