O.C. 416/2012
A.R. 225/2012
December 19, 2012
The Lieutenant Governor in Council makes the Victims of Crime Amendment Regulation set
out in the attached Appendix.
For Information only
Recommended by:
Minister of Justice and Solicitor General
Authority:
Victims of Crime Act
(section 17)
APPENDIX
Victims of Crime Act
VICTIMS OF CRIME AMENDMENT
REGULATION
1 The Victims of Crime Regulation (AR 63/2004) is amended by this Regulation.
2 Section 1 is amended
(a) by adding the following after subsection (c):
(c.05) “criminal conduct offence” means an offence listed in Schedule 2;
(b) by adding the following after subsection (d):
(d.1) “eligible offence” means an offence listed in Schedule 1;
3 Section 1.1(b) is amended by
(a) striking out “prescribed criminal” wherever it occurs;
(b) adding “eligible” before “offence” wherever it occurs.
4 Section 6(1) is amended
(a) in clause (a) by striking out “with respect to an injury” and substituting “taking into
consideration the nature and effect of an injury”;
(b) in clause (a)(i) by striking out “in a prompt manner” and substituting “without unreasonable
delay”.
5 Section 7 is amended
(a) in subsection (1)
(i) in clause (b) by adding “eligible” before “offence” wherever it occurs;
(ii) in clauses (c) and (d) by striking out “an offence” wherever it occurs and substituting
“a criminal conduct offence”;
(iii) by striking out clause (e);
(iv) in clause (g) by striking out “for financial benefits”;
(b) by repealing subsection (2) and substituting the following:
(2) If a victim 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 has been convicted during the conduct period of any criminal conduct offence listed
in section 1 or 3 of Schedule 2, the Director shall assess against that victim 3 points for each of those
criminal conduct offences for which the victim has been convicted during the conduct period.
(c) in subsection (4) by adding “or (2.1)” after “subsection (2)”;
(d) in subsection (6) by adding “or death benefits” after “financial benefits”;
(e) by repealing subsection (6.1) and substituting the following:
(6.1) A victim is not eligible for financial benefits or death benefits 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 Section 8.1 is repealed and the following is substituted:
Death benefits
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 death benefits for the purposes of reimbursement of those costs.
(2) An application for death benefits 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 death benefits in respect of a particular victim,
regardless of the number of applicants, is $12 500.
(4) An individual is not eligible to apply for death benefits 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.
7 Schedule 1 is amended
(a) in section 1 by striking out “are eligible offences”;
(b) in section 2 by adding “or death benefits” after “financial benefits”.
8 Schedule 2 is amended
(a) in section 1 by striking out “are criminal conduct offences”;
(b) in section 2 by adding “, other than the offences listed in Item Numbers 30, 32, 52 and 53” after
“Schedule 1”;
(c) by striking out section 4.
9 Schedule 3 is amended
(a) in section 2(a) by adding “eligible” before “offence”;
(b) in section 3 in the Psychological Severity of Injury Group of the table
(i) by striking out “10.105” in Severity for Psychological Injury, and substituting “19.233”;
(ii) by striking out “21.756” in Severity for Psychological Injury, with one factor, and
substituting “27.949”;
(iii) by striking out “34.602” in Severity for Psychological Injury, with two factors, and
substituting “40.430”;
(iv) by striking out “69.275” in Severity for Psychological Injury, with five factors, and
substituting “79.995”.
10 This Regulation comes into force on February 1, 2013.