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2002 Legislative Session: 3rd Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE RICH COLEMAN

MINISTER OF PUBLIC SAFETY AND

SOLICITOR GENERAL

BILL 24 – 2002

CRIMINAL INJURY COMPENSATION

AMENDMENT ACT, 2002

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 2 of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended

(

a) in subsection (4) by striking out "Compensation" and substituting

"Subject to subsections (4.1) and (4.2), compensation" , and

(

b) by adding the following subsections:

(4.1) Despite any provision of this Act, compensation referred to in subsection (4) (

f) may not be awarded under this Act in respect of an application received by the board on or after April 16, 2002.

(4.2) Subsection (4.1) applies irrespective of the date of death or injury in respect of which an application is made and whether or not the board has extended the period for making an application under

section

Section 10 is amended by adding the following subsection:

(4.1) The board may not seek compensation under this

section for non-pecuniary loss or damage for pain, suffering, mental or emotional trauma, humiliation or inconvenience, in respect of an application received by the board on or after April 16, 2002.

No action for damages

(1) In this section, "board" , "immediate family member" and "victim" have the same meaning as in the Criminal Injury Compensation

Act .

(2) No action for damages or compensation may be brought against the board, the government or any person because a victim or an immediate family member

(

a) fails to receive the compensation described in

section 2 (4) (

f) of the Criminal Injury Compensation

Act , as a result of the enactment of this Act, or

(

b) was or might have been eligible to receive the compensation described in

section 2 (4) (

f) of the Criminal Injury Compensation

Act , but failed to apply for compensation under that Act before April 16, 2002.

(3) Subsection (2) (

b) applies irrespective of the reason a victim or an immediate family member failed to apply.

Commencement

4 This Act comes into force on April 16, 2002.

Explanatory Notes

SECTION 1: [Criminal Injury Compensation Act, amends

section 2] prohibits the board

from awarding compensation for the non-pecuniary loss or damages for the

pain and suffering of a victim of crime, if the application is received by the

board on or after April 16, 2002.

SECTION 2: [Criminal Injury Compensation Act, adds

section 10 (4.1)] prohibits the

board from seeking compensation for non-pecuniary loss or damages for pain

and suffering under subsection (4) of this section.

SECTION 3: [No action for damages] prohibits a person from bringing an action for

damages against the board, government or any person

because the person did not receive pain and suffering compensation as a result of this amendment, or

because a person cannot claim compensation for pain and suffering as a result of the person failing to file an application with the board before April 16, 2002.

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© 2002: Queen's Printer, Victoria, British Columbia, Canada