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AR 63/2004 VICTIMS OF CRIME REGULATION

(Consolidated up to 68/2018)

ALBERTA REGULATION 63/2004

Victims of Crime Act

VICTIMS OF CRIME REGULATION

Table of Contents

                1      Definitions

Part 1
Financial Benefits

             1.1      Classes of injuries

                2      Eligible offences

                3      Application for financial benefits

                4      Contributory action by victim

                5      Pre‑existing medical condition

                6      Matters affecting determination of financial benefits

                7      Criminal conduct

                8      Financial benefits

             8.1      Death benefits

                9      CICA reviews

              10      Reviews

              11      Information


Part 2
Financial Matters Concerning
the Fund

              12      Surcharge

              13      Fund payment request

Part 3
Grants

              14      Application for grant

              15      Agreement

              16      Payment of grant

              17      Conditions of grant

              18      Accounting for use of grant

Part 4
Transitional, Repeals, Expiry and
Coming into Force

              19      Transitional

              20      Repeal

              21      Expiry

              22      Coming into force

                        Schedules

Definitions

1   In this Regulation,

                               (a)    “Act” means the Victims of Crime Act;

                              (b)    “Committee” means the Victims of Crime Programs Committee;

                               (c)    “The Crimes Compensation Board” means The Crimes Compensation Board under Criminal Injuries Compensation Act, RSA 1980 cC­‑33;

                         (c.05)    “criminal conduct offence” means an offence listed in Schedule 2;

                           (c.1)    “death benefits” means death benefits referred to in section 12.1 of the Act;

                              (d)    “Director” means the Director under the Act;

                           (d.1)    “eligible offence” means an offence listed in Schedule 1;

                               (e)    “financial benefits” means financial benefits referred to in sections 12 and 13 of the Act;

                               (f)    “Fund” means the Victims of Crime Fund;

                               (g)    “Review Board” means the Criminal Injuries Review Board.

AR 63/2004 s1;182/2011;225/2012

Part 1
Financial Benefits

Classes of injuries

1.1   The following are classes of injuries for which financial benefits are payable:

                               (a)    an eligible offence listed in Schedule 1 that is committed against a victim that results in injuries to the victim;

                              (b)    injuries to a victim where

                                        (i)    the victim has a pre‑existing strong emotional attachment to the person against whom the eligible offence was committed,

                                      (ii)    the victim has witnessed the commission of the eligible offence or the immediate aftermath of the eligible offence first hand by being physically in attendance and in proximity to the commission of the eligible offence,

                                     (iii)    the eligible offence caused the death of the person against whom the eligible offence was committed,

                                     (iv)    the circumstances of the commission of the eligible offence would shock a reasonable person with strong emotional attachment to the person against whom the eligible offence was committed, and

                                       (v)    the victim suffers psychological harm diagnosed by a health professional as a result of witnessing the eligible offence in accordance with subclauses (i) to (iv).

AR 182/2011 s3;225/2012

Eligible offences

2   The offences under the Criminal Code (Canada) listed in Schedule 1 are offences with respect to which an application may be made for financial benefits.

Application for financial benefits

3(1)  An application for financial benefits must be made in writing in a form approved by the Director pursuant to section 12 of the Act.

(2)  If a victim is under 18 years of age, the application for financial benefits may be made on behalf of that victim by a parent or guardian of the victim.

(3)  Notwithstanding subsection (2), if the Director is satisfied that a person who is under the age of 18 years is living independent of a parent or guardian, that person, on that person’s own behalf, may apply for financial benefits.

(4)  The applicant for financial benefits must provide all the information required by the Director respecting the injuries, the circumstances under which the injuries were acquired and the nature of the injuries and must authorize the Director to acquire that information.

(5)  If an applicant has received financial benefits with respect to an eligible offence and the applicant develops a new injury or the effect of an injury arising from that eligible offence becomes worse,

                               (a)    section 12 of the Act applies to an application for further financial benefits, and

                              (b)    the Director must consider the amount of and the reason for the financial benefits already paid and offset that amount where any further financial benefits are to be paid.

(6)  If an applicant has been refused financial benefits, the Director must reconsider the refusal if the Director becomes aware of the existence of new material information.

AR 63/2004 s3;71/2011;182/2011

Contributory action by victim

4   If, in the opinion of the Director, the victim’s conduct directly or indirectly contributed to the victim’s injury or death, the Director may, depending on the conduct and how the conduct contributed to the injury,

                               (a)    reduce the financial benefits payable in respect of that victim by 25%, 50% or 75% as the Director considers reasonable,

                              (b)    deny financial benefits in total in respect of that victim where the Director is of the opinion that the conduct warrants the denial of financial benefits,

                               (c)    reduce the death benefits payable in respect of that victim as the Director considers reasonable, or

                              (d)    deny death benefits in total in respect of that victim where the Director is of the opinion that the conduct warrants the denial of death benefits.

AR 63/2004 s4;182/2011

Pre-existing medical condition

5   If, in the opinion of the Director, a portion or all of the suffering by a victim arising from the injuries of the victim is attributable to a pre‑existing medical condition of the victim and the victim was suffering due to that pre‑existing medical condition prior to the injury occurring, the Director may, based on the amount of suffering attributable to the pre‑existing medical condition,

                               (a)    reduce the financial benefits payable in respect of that victim by 25%, 50% or 75% as the Director considers reasonable, or

                              (b)    deny financial benefits in total payable in respect of that victim.

Matters affecting determination of financial benefits

6(1)  In this section,

                               (a)    “proper action” means, taking into consideration the nature and effect of an injury, doing the following:

                                        (i)    acting without unreasonable delay to seek treatment;

                                      (ii)    taking reasonable steps to acquire the appropriate treatment;

                                     (iii)    following, in a reasonable and responsible manner, the treatment prescribed;

                                     (iv)    taking reasonable steps to mitigate the injuries suffered;

                              (b)    “treatment” means, with respect to an injury, treatment as prescribed by a physician, dentist or other health professional who is recognized in the health care community or by the Director as a person qualified to prescribe the appropriate treatment.

(2)  The Director may deny financial benefits in respect of a victim where the Director is of the opinion that the victim failed to take proper action with respect to the victim’s injuries.

(3)  The Director may refuse to pay financial benefits with respect to any complication arising out of the victim’s failure to take proper action in relation to the victim’s injuries.

(4)  The Director may, in the case of injuries arising out of a series of related or recurrent incidents, deal with the matter as if the related or recurrent incidents constituted one incident.

AR 63/2004 s6;225/2012

Criminal conduct

7(1)  In this section,

                               (a)    “application” means an application made for financial benefits or death benefits;

                              (b)    “conduct period” means the period commencing 60 months immediately preceding the date of the eligible offence in respect of which an application is made by or in respect of a victim and concluding not later than 60 months immediately following the date of the eligible offence in respect of which the application was made;

                               (c)    “convicted of” includes, when used in reference to a criminal conduct offence, a guilty plea to a criminal conduct offence;

                              (d)    “conviction” means a conviction for a criminal conduct offence and includes a guilty plea to a criminal conduct offence;

                               (e)    repealed AR 225/2012 s5;

                               (f)    “sentence” means, with respect to a conviction, the custodial sentence, served either within a provincial or federal centre or in the community under a conditional sentence order;

                               (g)    “victim” means the person in respect of whom an application is made.

(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.

(3)  If a victim has served a sentence or a portion of a sentence within the conduct period, the Director shall assess against that victim one point per year or portion of a year for each custodial sentence served, either within a provincial or federal centre or in the community under a conditional sentence order during that conduct period.

(4)  In determining the number of points to be assessed against a person under subsection (2) or (2.1), the Director shall not take into consideration any conviction that took place while the person was younger than 16 years of age.

(5)  In determining the number of points to be assessed against a person under subsection (3), the Director shall not take into consideration

                               (a)    repealed AR 71/2011 s3,

                              (b)    any sentence or portion of a sentence served by the person while that person was under the age of 16 years.

(6)  Where a victim has been assessed points under this section, the Director shall, if the victim has been assessed 12 or more points in total for the conduct period, deny financial benefits or death benefits payable in respect of that victim.

(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.

(7)  This section applies in respect of a victim even though the victim’s conduct may not or did not directly or indirectly contribute to the victim’s injury or death.

AR 63/2004 s7;43/2009;71/2011;182/2011;225/2012

Financial benefits

8(1)  The class of injuries referred to in section 1.1(a) for which financial benefits are payable are the injuries listed in Schedule 3.

(2)  The amount of the financial benefits payable for injuries listed in Schedule 3 are the amounts listed in Schedule 4.

(2.1)  The amount of financial benefits payable for the class of injuries listed in section 1.1(b) is $5000.

(3)  In determining the amount of financial benefits payable, the Director shall take into account the severity of the injury as provided for under Schedule 3.

(4)  Notwithstanding subsection (1), but subject to subsection (6.1), the maximum number of injuries for which a victim is eligible to receive financial benefits is 3 and the maximum financial benefits payable in aggregate to a victim for all of the victim’s injuries is $110 000 in total.

(5)  Where a victim suffers an injury, whether or not the injury is listed in Schedule 3, the Director may send the victim to a physician, dentist or other health professional selected by the Director to diagnose the injury.

(6)  Where a victim suffers an injury that is not listed in Schedule 3, the Director may seek the advice of any physician, dentist or other health professional in order to determine the relative severity of the injury.

(6.1)  Subject to subsection (6.4), a victim who suffers a neurological injury the severity of which is determined to be 190 or higher is eligible for a supplemental financial benefit of $1000 per month.

(6.2)  For the purposes of subsection (6.1), the severity of a neurological injury is to be determined in accordance with Schedule 3 and by taking into account only a single injury listed under the heading “Neurological” in section 3 of that Schedule.

(6.3)  Subject to subsections (6.4), (6.6) and (6.7), a supplemental financial benefit described in subsection (6.1) is payable for each month, commencing with the month in which the injury is sustained or the month in which this subsection comes into force, whichever is later, and for every month thereafter for the duration of the victim’s life.

(6.4)  The amount of a supplemental financial benefit described in subsection (6.1) may be reduced or denied by the Director in accordance with section 4, 5 or 6.

(6.5)  The Director must, every 12 months, review the injuries of a victim receiving a supplemental financial benefit to determine whether the severity of the victim’s injuries is still 190 or higher in accordance with subsection (6.2).

(6.6)  If, on review, the Director determines that the severity of the victim’s injuries is lower than 190, the Director must terminate the supplemental financial benefit effective the month following the month in which the Director makes the determination.

(6.7)  If a victim receiving a supplemental financial benefit fails to participate in or to cooperate with a review under subsection (6.5), the Director may suspend or terminate the supplemental financial benefit.

(6.8)  Subsections (5) and (6) apply for the purposes of a review under subsection (6.5).

(7)  Repealed AR 182/2011 s7.

(8)  Financial benefits described in subsection (4) or (6.1) may be paid to the applicant or, at the discretion of the Director, to other eligible persons.

AR 63/2004 s8;96/2008;182/2011

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.

AR 182/2011 s8;225/2012

CICA reviews

9   Notwithstanding section 8(2), if under section 15 of the Act an order by The Crimes Compensation Board for periodic payments is to be converted to final payment of financial benefits under the Victims of Crime Act, the Director may, with the approval of the Minister, authorize financial benefits that are different from the amount listed in Schedule 4.

Reviews

10(1)  A request for a review to the Review Board must

                               (a)    be in writing,

                              (b)    state the grounds for the review, and

                               (c)    include the mailing address of the person applying for the review.

(2)  On receipt of a request for a review, the Review Board must deal with the review as provided for under sections 7.1 , 14 and 14.01 of the Act.

(3)  A review may be held in public and may proceed even if the person requesting the review is not present.

(4)  The proceedings at a review must be recorded.

(5)  A decision of the Review Board must be in writing.

AR 63/2004 s10;182/2011

Information

11(1)  In this section, a reference to the Review Board includes a reference to the chair and the other members of the Review Board.

(2)  For the purposes of conducting reviews by the Review Board and carrying out duties ancillary to conducting reviews, the Review Board may collect, use and disclose information, including personal information, in the same manner and subject to the same terms and restrictions as that imposed on the Director or otherwise provided for under section 13.1 of the Act.

(3)  In the case of information referred to in section 13.1(2) of the Act,

                               (a)    before the Director discloses any of that information other than to the Review Board, the Director must, or

                              (b)    before the Review Board discloses any of that information other than to the Director, the Review Board must,

consult with the source from which the information was collected.

Part 2
Financial Matters Concerning
the Fund

Surcharge

12   The amount of a surcharge that is to be paid into the Fund is an amount that is equivalent to 15% of the fine, rounded down to the nearest dollar, imposed on a person convicted of an offence.

Fund payment request

13   The Minister may request that payment from the Fund be made

                               (a)    for grants under Part 3;

                           (a.1)    for programs that benefit victims of crime;

                              (b)    for costs that, in the opinion of the Minister, are incurred by the Committee and Review Board in carrying out their duties under the Act;

                               (c)    for remuneration of and expenses incurred by

                                        (i)    the Committee, in an amount authorized under section 5(3) of the Act, and

                                      (ii)    the Review Board, in an amount authorized under section 7(5) of the Act;

                              (d)    for financial benefits payable under the Act and this Regulation;

                           (d.1)    for death benefits payable under the Act and this Regulation;

                               (e)    for costs that, in the opinion of the Minister, are incurred in the administration of the Act.

AR 63/2004 s13;182/2011

Part 3
Grants

Application for grant

14(1)  A person who provides or proposes to provide a program that consists of services that benefit victims or a class or classes of victims during their involvement with the criminal justice process may apply for a grant in a form acceptable to the Minister.

(2)  In addition to the information required in an application under subsection (1), an applicant must provide any other information requested by the Minister.

Agreement

15   The Minister may, at any time, require an applicant to enter into an agreement with respect to the terms and conditions of a grant and any matter relating to the payment or repayment of a grant.

Payment of grant

16   If the Minister authorizes the payment of a grant, the grant may, in accordance with the authorization, be paid

                               (a)    in a lump sum or in instalments, and

                              (b)    at the time or times specified.

Conditions of grant

17(1)  A person who receives a grant must use the grant

                               (a)    only for the program described in the application and authorized by the Minister, or

                              (b)    if the original program described in the application is varied and the variation is agreed to by the person and by the Minister, only for the program as varied.

(2)  If a grant is not used by a person in accordance with subsection (1), the Minister may require that the person repay the grant in whole or in part to the Fund.

(3)  If a person does not use all the grant paid to that person for the program referred to in subsection (1), that person must return the unused portion of the grant to the Fund, unless otherwise directed by the Minister.

Accounting for use of grant

18   A person who receives a grant must, when required by the Minister, provide evidence in a form and manner satisfactory to the Minister of how the grant was used.

Part 4
Transitional, Repeals, Expiry and
Coming into Force

Transitional

19(1)  In this section, “former regulations” means the following:

                               (a)    the Victims’ Benefits Regulation (AR 201/97);

                              (b)    the Victims’ Programs Regulation (AR 135/97).

(2)  Where

                               (a)    an application for financial benefits has been made under the former Regulations,

                              (b)    a review has been commenced under the former Regulations, or

                               (c)    a review of an application dealt with under the former regulations has been commenced under this Regulation,

the matter is to be dealt with under the former Regulations in the same manner as if the former Regulations were still in force.


Repeal

20   The following regulations are repealed:

                               (a)    the Victims’ Benefits Regulation (AR 201/97);

                              (b)    the Victims’ Programs Regulation (AR 135/97).

Expiry

21   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 1, 2020.

AR 63/2004 s21;71/2011;68/2018

Coming into force

22   This Regulation comes into force on April 1, 2004.

Schedule 1
Eligible Offences

1   Any of the following offences under the Criminal Code (Canada):

Item Number

Section of Criminal Code (Canada)

Description of Offence

1

65

Taking part in a riot

2

76

Hijacking of aircraft

3

77

Endangering safety of aircraft in flight

4

78

Taking onboard a civilian aircraft offensive weapons or explosive substances

5

78.1

Seizing control of ship, etc.

6

80

Failure to take reasonable care in respect of explosives where death or bodily harm results

7

81

Intentionally causing death or bodily harm by explosive substance

8

86(1)

Careless use of firearm

9

98.1

Robbery to steal firearm

10

129(a)

Resisting or obstructing public or peace officer

11

151

Sexual interference

12

152

Invitation to sexual touching

13

153

Sexual exploitation

14

153.1(1)

Sexual exploitation of person with disability

15

155

Incest

16

159

Anal intercourse

17

160

Bestiality

18

162

Voyeurism

19

163.1

Child pornography

20

170

Parent or guardian procuring sexual activity

21

172.1

Luring a child

22

173

Indecent acts

23

175

Causing disturbance, indecent exhibition, loitering, etc.

24

212

Procuring

25

215

Failure to provide necessaries

26

218

Abandoning child

27

220

Causing death by criminal negligence

28

221

Causing bodily harm by criminal negligence

29

222

Homicide

30

230

Murder in commission of offences

31

233

Infanticide

32

235

Murder

33

236

Manslaughter

34

239

Attempted murder

35

244

Discharging firearm with intent

36

244.1

Causing bodily harm with intent — air gun or pistol

37

245

Administering noxious substance

38

246

Overcoming resistance to commission of offence

39

247

Setting traps likely to cause death or bodily harm

40

248

Interfering with transportation facilities

41

262

Impeding attempt to save life

42

264

Criminal harassment

43

266

Assault

44

267

Assault causing bodily harm; assault with a weapon

45

268

Aggravated assault

46

269

Unlawfully causing bodily harm

47

269.1

Torture

48

270

Assaulting a peace officer

49

270.01

Assaulting peace officer with weapon or causing bodily harm

50

270.02

Aggravated assault of 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 for sexual purpose

55

279(1)

Kidnapping/illegal confinement

56

279(2)

Forcible confinement

57

279.01

Trafficking in persons

58

279.1

Hostage taking

59

280

Abduction of person under 16 years of age

60

281

Abduction of person under 14 years of age

61

344

Robbery

62

346

Extortion

63

423

Intimidation

64

430(2)

Mischief causing actual danger to life

65

433

Arson

2   Offences involving motor vehicles are not eligible for financial benefits or death benefits except where the motor vehicle was deemed to have been intentionally used as a weapon.

AR 63/2004 Sched. 1;71/2011;225/2012

Schedule 2
Criminal Conduct Offences

1   Any of the following offences under the Criminal Code (Canada):

Item Number

Section of Criminal Code (Canada)

Description of Offence

1

46(2)

Treason

2

50

Assisting enemy

3

51

Intimidating Parliament or legislature

4

52

Sabotage

5

53

Incitement to mutiny

6

54

Assisting deserter

7

82(1)

Possession of explosives without lawful excuse

8

83.02

Providing/collecting property for terrorist activity

9

83.03

Providing property/services for terrorism

10

83.04

Using or possessing property for terrorism

11

83.18

Participation in a terrorist group

12

83.19

Facilitating terrorist activity

13

83.2

Commission of offence for terrorist group

14

83.21

Instructing activity for a terrorist group

15

83.22

Instructing terrorist activity

16

83.23

Harbouring/concealing a terrorist

17

83.231

Hoax regarding terrorist activity

18

85

Use of firearm in an offence

19

87

Pointing a firearm

20

88

Possessing weapon for dangerous purpose

21

89

Carrying weapon at public meeting

22

90

Carrying concealed weapon

23

91(1)

Unauthorized possession of firearm

24

92

Possession of firearm knowing its possession is unauthorized

25

93

Possession of firearm at unauthorized place

26

94

Unauthorized possession of firearm in motor vehicle

27

95

Possession of prohibited firearm or restricted firearm

28

96

Possession of weapon obtained by commission of an offence

29

98

Breaking and entering to steal firearm

30

99

Weapons trafficking

31

100

Possession for purposes of weapons trafficking

32

102

Making automatic firearm

33

103

Import/export unauthorized weapons

34

104

Unauthorized import/export of weapons

35

105

Losing/finding firearm but not reporting

36

117.01

Weapons possession contrary to order

37

144

Prison breach

38

145(1)

Escape and being at large without excuse

39

145(3)

Failure to comply with condition of undertaking or recognizance

40

145(5.1)

Failure to comply with conditions of undertaking

41

146

Permitting or assisting escape

42

161

Order of prohibition

43

163

Corrupting morals

44

171

Householder permitting sexual activity (with a minor)

45

176(1)

Obstructing, or violence to, or arrest of officiating clergyman

46

179

Vagrancy

47

180(1)

Common nuisance

48

182

Interfering with or indignity to dead body

49

210

Keeping a bawdy‑house

50

211

Transporting person to bawdy‑house

51

213

Offence in relation to prostitution

52

240

Accessory after fact to murder

53

241

Counselling or aiding suicide

54

243

Concealing body of child

55

264.1

Uttering threats

56

270.1

Disarming a peace officer

57

282

Abduction contrary to custody order

58

283

Abduction

59

318

Advocating genocide

60

319

Public incitement of hatred

61

348

Breaking and entering

62

349

Being unlawfully in dwelling‑house

63

351

Possession of break‑in instrument

64

354

Possession of property obtained by crime

65

357

Bringing into Canada property obtained by crime

66

423.1

Intimidation of justice system participant

67

424

Threat against internationally protected person

68

424.1

Threat against United Nations or associate personnel

69

431

Attack on residence of internationally protected person

70

431.1

Attack on United Nations personnel

71

434

Arson — damage to property

72

435

Arson for fraudulent purpose

73

462.31

Laundering proceeds of crime

74

463

Attempts, accessories

75

464

Counselling offence

76

465

Conspiracy

77

467.11

Participation in activities of criminal organization

78

467.12

Commission of offence for criminal organization

79

467.13

Instructing commission of offence for criminal organization

2   Any offence listed in Schedule 1, other than the offences listed in Item Numbers 30, 32, 52 and 53.

3   Any offence under the Controlled Drugs and Substances Act (Canada).

4   Repealed AR 225/2012 s7.

AR 63/2004 Sched. 2;71/2011;225/2012

Schedule 3

Injury Schedule

Definitions

1   In this Schedule,

                               (a)    “ADL” means activities of daily living that are activities usually performed in the course of a normal day and are used to measure a person’s ability to function independently and includes eating, bathing, grooming, dressing, toileting and transferring;

                              (b)    “episode” means an event that is distinctive and separate and can be part of a larger series;

                               (c)    “face” means the area in front of the ears and from the line of the jaw to and including the forehead;

                              (d)    “IADL” means instrumental activities of daily living that are a series of life functions used for maintaining a person’s immediate environment and are used to measure a person’s ability to live independently and includes obtaining food, cooking, laundering, housecleaning, phone use, travelling in community, managing one’s medications and managing one’s finances;

                               (e)    “muscle grade” refers to the American Spinal Injury Association (ASIA) 5‑point Motor Index scale of grading muscle strength or weakness with the strength of 5 considered normal and 0 considered paralysis;

                               (f)    “site” means the head, neck, chest and abdomen, back or any limb;

                               (g)    “surgery” means surgical procedures generally performed in an operating room, but does not include procedures commonly performed in an Emergency Department or a physician’s office.

General principles

2   The following principles are to be applied with respect to making a determination under this Schedule:

                               (a)    all injuries must be a direct result of the eligible offence committed against the victim and verified by a medical professional with the qualifications appropriate to the injury;

                              (b)    removable prosthetic devices and aids such as eye glasses, dentures and prosthetic limbs are considered property and are not eligible for financial benefits;

                               (c)    residual effects of injuries, or impairment, are to be assessed at the point of maximum medical improvement (MMI), as determined by a medical professional with the qualifications appropriate to the injury;

                              (d)    complications or impairments arising from the initial injury or treatment are considered part of the injury award;

                               (e)    lacerations and burns include any resulting scarring or disfigurement and any reduced mobility due to scarring;

                               (f)    injuries with severity scores under 2.500 may be combined to a maximum severity score of 7.000 and awarded as a single injury of “multiple minor injuries”;

                               (g)    only one injury per injury subgroup, or group, where no subgroup exists, can be awarded, unless the injuries are for different limbs or the injury is in the category of medical conditions; 

                              (h)    for any injury resulting in amputation, the amputation injury shall be awarded and not the underlying injury to structures or tissues, and where an injury previously awarded results in amputation, the award for amputation shall replace the previously awarded injury to underlying structures or tissues;

                               (i)    where the specific injury is not listed in the subgroup, or group where no subgroup exists, the most appropriate injury in that subgroup or group shall be selected.

3   The severity of an injury is to be determined using the following table:

Severity of Injury

 

 

Group

Subgroup

Injury

Severity

 

 

 

 

Airway

 

 

 

 

 

Airway irritation

1.408

 

 

Airway inflammation

3.305

Amputation

 

 

 

Head

 

 

 

 

Amputation ear, partial

14.255

 

 

Amputation ear (over 25%)

28.510

 

Face

 

 

 

 

Amputation nose, partial

17.611

 

 

Amputation nose (over 25%)

35.222

 

Mouth

 

 

 

 

Amputation tongue, partial

19.233

 

 

Amputation tongue (over 25%)

40.200

 

Lower limb

 

 

 

 

Amputation toe(s)

18.425

 

 

Amputation foot, partial

40.200

 

 

Amputation lower limb, below knee

69.275

 

 

Amputation lower limb, above knee

80.103

 

Upper limb

 

 

 

 

Amputation finger

19.233

 

 

Amputation fingers or thumb

35.222

 

 

Amputation finger(s) and thumb

43.511

 

 

Amputation hand, partial

55.634

 

 

Amputation upper limb, below elbow

80.103

 

 

Amputation upper limb, above elbow

109.237

External Structures

 

 

 

 

Loss of hair

0.237

 

Bruise/ abrasion

 

 

 

 

Bruise(s), swelling and/or abrasion(s)

2.267

 

 

Bruise(s), swelling and/or abrasion(s), more than two sites


3.305

 

 

Bruise(s), swelling and/or abrasion(s), multiple to face, head and/or neck


3.305

 

 

Bruise(s), swelling and/or abrasion(s) to over 40% of body


15.520

 

Burns

 

 

 

 

First degree burn(s), for each 1% of total body surface area burned


0.750

 

 

Second degree burn(s), for each 1% of total body surface area burned


1.500

 

 

Third degree burn(s), for each 1% of total body surface area burned, excluding face


3.000

 

 

Third degree burn(s) to face, for each 1% surface area burned


10.200

 

 

* Multiple burns are awarded as a single injury based on the total severity score.

* Maximum severity score for a third degree burn involving the face is 45.900.

* Maximum severity score for burns is 175.000.

 

 

Facial lacerations

 

 

 

 

Facial laceration(s) not requiring sutures or similar medical procedure


2.267

 

 

Facial laceration(s) less than 5 cm, requiring sutures or similar medical procedure


10.200

 

 

Facial laceration(s) 5 to 10 cm, requiring sutures or similar medical procedure


17.894

 

 

Facial laceration(s) greater than 10 cm, requiring sutures or similar medical procedure



23.106

 

Non‑facial lacerations

 

 

 

 

Non‑facial laceration(s) not requiring sutures or similar medical procedure


2.267

 

 

Non‑facial laceration(s) less than 5 cm, requiring sutures or similar medical procedure



4.426

 

 

Non‑facial laceration(s) 5 to 10 cm, requiring sutures or similar medical procedure


5.800

 

 

Non‑facial laceration(s) 11 to 20 cm, requiring sutures or similar medical procedure



12.500

 

 

Non‑facial laceration(s) greater than 20 cm, requiring sutures or similar medical procedure



20.078

 

Penetrating injury

 

 

 

 

Penetrating injury, no underlying structural/organ injury


5.800

 

 

Penetrating injuries, no underlying structural/organ injury


17.861

Medical Conditions

 

 

 

Chlamydia, genital warts, gonorrhea and/or syphilis


5.776

 

 

Genital herpes, Hepatitis B, C or D and/or HIV


20.078

 

 

Hepatitis B, C or D (disease) and/or HIV seroconversion


38.066

 

 

Pregnancy (must be confirmed by a physician)


35.845

 

 

Toxic effect of injected/ingested substances

5.776

Neurological

 

 

 

Brain

 

 

 

 

Brain stem contusion

42.417

 

 

Closed head injury

12.500

 

 

Cortical contusion (bruising of brain)

22.242

 

 

Cortex laceration

63.224

 

 

Concussion

12.500

 

 

Post‑concussion syndrome

23.106

 

 

Intracranial hematoma/hemorrhage

49.884

 

 

Intracranial hematoma/hemorrhage, requiring surgery


60.950

 

 

Brain injury with seizure(s) at time of initial injury


35.845

 

 

Brain injury with residual seizures

65.267

 

 

Brain injury with hemiparesis

149.364

 

 

Brain injury with residual cognitive, psychosocial or physical effects, capable of independent living (excludes concussion/post‑concussion syndrome)




65.267

 

 

Brain injury, requiring surgery, residual cognitive, psychosocial or physical effects, capable of independent living (excludes concussion/post‑concussion syndrome)




111.329

 

 

Brain injury, requiring supervised living

162.975

 

 

Brain injury, fully dependent related to physical (ADL) and/or cognitive (IADL) impairments



217.299

 

Nerve, head/neck

 

 

 

 

Cranial nerve injury(ies), with sensory impairment


2.887

 

 

Cranial nerve injury, multiple with motor impairment


24.818

 

 

Cranial nerve injury, singular with motor impairment


17.589

 

 

Laryngeal nerve injury with paralysis of vocal cord(s)


40.342

 

Nerve, lower limb

 

 

 

 

Lower limb nerve injury, disruption of sensation


2.887

 

 

Lower limb nerve injury, muscle strength 3 or higher


23.106

 

 

Lower limb nerve injury, muscle strength less than 3


43.511

 

 

Lower limb nerve injury, no motor or sensory function preserved


57.766

 

 

Lower limb nerve injury, requiring surgery

17.033

 

Nerve, torso

 

 

 

 

Torso nerve injury, disruption of sensation

2.887

 

 

Torso nerve injury, disruption of sensation and motor function


20.347

 

Nerve, upper limb

 

 

 

 

Upper limb nerve injury, disruption of sensation


2.887

 

 

Upper limb nerve injury, muscle strength 3 or higher


23.106

 

 

Upper limb nerve injury, muscle strength less than 3


43.511

 

 

Upper limb nerve injury, no motor or sensory function preserved


57.766

 

 

Upper limb nerve injury, requiring surgery

15.552

 

Spinal cord

 

 

 

 

Cervical injury, disruption of motor/sensory function


27.163

 

 

Cervical injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of 3 or higher




109.237

 

 

Cervical injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of less than 3




162.975

 

 

Cervical injury, sensory function, no motor function, preserved below neurologic level of injury extending through sacral segments S4‑S5




195.569

 

 

Cervical injury, no motor or sensory function preserved below neurologic level of injury extending through sacral segments S4‑S5



217.299

 

 

Lumbosacral injury, disruption of motor/sensory function


13.332

 

 

Lumbosacral injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of 3 or higher




53.330

 

 

Lumbosacral injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of less than 3




79.995

 

 

Lumbosacral injury, sensory function, no motor function, preserved below neurologic level of injury extending through sacral segments S4‑S5



95.995

 

 

Lumbosacral injury, no motor or sensory function preserved below neurologic level of injury extending through sacral segments S4‑S5



106.661

 

 

Thoracic injury, disruption of motor/sensory function


17.776

 

 

Thoracic injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of 3 or higher




79.995

 

 

Thoracic injury, motor function preserved below neurologic level of injury, most of key muscles below level of injury have muscle grade of less than 3




106.661

 

 

Thoracic injury, sensory function, no motor function, preserved below neurologic level of injury extending through sacral segments S4‑S5



127.993

 

 

Thoracic injury, no motor or sensory function preserved below neurologic level of injury extending through sacral segments S4‑S5



142.214

Oral

 

 

 

 

Dental

 

 

 

 

Dento‑alveolar fracture(s)

8.412

 

 

Dento‑alveolar fracture(s), requiring surgery

13.332

 

 

Chipped teeth, requiring treatment

4.287

 

 

Damaged or loss of crown or fixed bridge/fixed appliance


8.412

 

 

Fractured tooth

8.412

 

 

Loosened and/or chipped teeth, no treatment required


1.011

 

 

Loosened teeth, requiring non‑invasive treatment such as splinting


4.212

 

 

Loosened or damaged tooth, requiring invasive treatment such as root canal


8.412

 

 

Loss of tooth

10.105

 

 

* Multiple dental injuries are awarded as a single injury equal to the total award value (not severity score) of the individual injuries.  * Maximum benefit for dental injuries is the equivalent of 12 lost teeth.

 

 

Mouth

 

 

 

 

Oral cavity injury(ies)

2.267

 

 

Oral cavity injury(ies), requiring sutures or similar medical procedure


4.426

 

 

Oral cavity injury(ies), requiring surgery

17.307

Organs/circulatory

 

 

 

Circulatory

 

 

 

 

Vascular injury, hemodynamically stable

5.264

 

 

Vascular injury, hemodynamically stable, requiring surgery

21.756

 

 

Vascular injury, hemodynamically unstable

30.984

 

Organs

 

 

 

 

Injury(ies) requiring chest tube(s)

17.033

 

 

Injury(ies) requiring exploratory surgery

21.756

 

 

Injury(ies) requiring exploratory surgery and chest tube insertion

23.106

 

 

Organ injury

13.332

 

 

Organ injury, requiring surgery

27.949

 

 

Organ injuries to 2 organs

27.949

 

 

Organ injuries to 2 organs, at least one requiring surgery

42.417

 

 

Organ injuries to 3 or more organs

34.602

 

 

Organ injuries to 3 or more organs, at least one requiring surgery


50.071

 

 

Organ injury with loss of or loss of function to one organ (excluding gallbladder, appendix)


40.430

 

 

Organ injuries with loss of or loss of function to one organ (excluding gallbladder, appendix)


63.443

 

 

Organ injuries with loss of or loss of function to 2 organs (excluding gallbladder, appendix)


69.275

 

 

Organ injuries with loss of or loss of function to 3 or more organs (excluding gallbladder, appendix)


80.103

 

 

* Includes organs of the chest, abdomen and internal reproductive organs

 

Psychological

 

 

 

 

Psychological injury

19.233

 

 

Psychological injury, with one factor

27.949

 

 

Psychological injury, with two factors

40.430

 

 

Psychological injury, with three factors

50.071

 

 

Psychological injury, with four factors

65.267

 

 

Psychological injury, with five factors

79.995

 

 

Upon verification of psychological injury by a medical professional with the qualifications appropriate to the injury, the following incident factors can be applied:

* Victim was under the age of 18 at the time of the incident

* More than five episodes

* Multiple aggressors and/or weapons

* Vaginal and/or anal penetration, including forced oral sex

* More than five treatment sessions related to the incident(s)

 

Reproductive

 

 

 

 

Genitalia injury, including contusion(s), abrasion(s) and/or laceration(s)


3.305

 

 

Genitalia injury, requiring sutures or similar medical procedure


17.903

 

 

Genitalia injury, requiring surgery

27.949

 

 

Genitalia, loss of

38.655

Sensory

 

 

 

 

Ear/hearing

 

 

 

 

Hearing loss and/or tinnitus, one or both ears

6.411

 

 

Hearing loss, partial, one ear

24.501

 

 

Hearing loss, partial, both ears

40.430

 

 

Hearing loss, profound, one ear

44.600

 

 

Hearing loss, profound, both ears

65.267

 

 

Tympanic membrane injury, one or both ears

2.576

 

 

Tinnitus, ongoing more than 3 months, one or both ears

17.903

 

Eye/vision

 

 

 

 

Injury causing irritation to eye(s)

2.267

 

 

Injury causing visual disturbance, ongoing more than 3 months


27.949

 

 

Loss of vision, best corrected visual acuity 20/50‑20/200, one eye


50.071

 

 

Loss of vision, best corrected visual acuity 20/50‑20/200, both eyes


79.995

 

 

Loss of vision and/or eye, best corrected visual acuity less than 20/200, one eye


69.275

 

 

Loss of vision and/or eye, best corrected visual acuity less than 20/200, both eyes


142.214

 

 

Non‑penetrating (closed globe) injury to eye(s)


2.576

 

 

Non‑penetrating (closed globe) injury to eye(s), requiring surgery or laser treatment


24.501

 

 

Penetrating (open globe) injury to eye

21.602

 

 

Penetrating (open globe) injury to eyes

34.602

 

 

Penetrating (open globe) injury to eye(s), requiring surgery or laser treatment


44.600

 

Taste/smell

 

 

 

 

Loss of taste and/or smell

6.411

Skeletal

 

 

 

Face

 

 

 

 

Fracture one facial bone, excluding nasal bones

21.602

 

 

Fracture one facial bone, requiring surgery, excluding nasal bones


34.602

 

 

Fractures two facial bones

28.182

 

 

Fractures two facial bones, at least one bone requiring surgery

44.600

 

 

Fractures three or more facial bones

34.602

 

 

Fractures three or more facial bones, at least one bone requiring surgery


50.071

 

 

Fracture(s) nasal bones

6.411

 

 

Fracture(s) nasal bones, requiring surgery

12.822

 

Head

 

 

 

 

Fracture(s) skull

22.242

 

 

Fracture(s) skull, requiring surgery

34.602

 

Lower limb — lower leg

 

 

 

 

Avulsion fracture lower leg

3.583

 

 

Avulsion fracture lower leg, requiring surgery


10.200

 

 

Fracture(s) toe(s) and/or foot

10.200

 

 

Fracture(s) toe(s) and/or foot, at least one bone requiring surgery


19.233

 

 

Fracture lower leg

19.233

 

 

Fracture lower leg, requiring surgery

27.949

 

 

Fractures lower leg, 2 bones

22.242

 

 

Fractures lower leg, 2 bones, at least one bone requiring surgery


34.602

 

 

Fractures lower leg, 3 or more bones

27.949

 

 

Fractures lower leg, 3 or more bones, at least one requiring surgery


44.600

 

 

* Lower leg includes ankle, tibia, fibula and patella

 

 

 

* Multiple fractures of the toes and/or foot will be considered one bone when awarding multiple lower leg fractures

 

 

Lower limb — upper leg

 

 

 

 

Avulsion fracture upper leg

3.583

 

 

Avulsion fracture upper leg, requiring surgery


10.200

 

 

Fracture(s) femur

30.984

 

 

Fracture(s) femur, requiring surgery

49.884

 

Spine

 

 

 

 

Fracture vertebra

19.233

 

 

Fracture vertebra, requiring surgery

27.949

 

 

Fractures 2 vertebrae

22.242

 

 

Fractures 2 vertebrae, requiring surgery

34.602

 

 

Fractures 3 or more vertebrae

27.949

 

 

Fractures 3 or more vertebrae, requiring surgery


44.600

 

 

Fracture(s) spinous and/or transverse process

4.287

 

Torso — upper

 

 

 

 

Avulsion fracture upper torso

3.552

 

 

Avulsion fracture upper torso, requiring surgery


10.105

 

 

Fracture rib(s), one or two

10.105

 

 

Fracture ribs, three to six

12.822

 

 

Fracture ribs, more than six

19.233

 

 

Fracture upper torso, one bone, excluding ribs


19.233

 

 

Fracture upper torso, one bone, excluding ribs, requiring surgery


27.949

 

 

Fractures upper torso, two bones

22.242

 

 

Fractures upper torso, two bones, at least one requiring surgery


34.602

 

 

Fractures upper torso, three or more bones

27.949

 

 

Fractures upper torso, three or more bones, at least one requiring surgery


44.600

 

 

* Multiple rib fractures will be considered one bone when awarding multiple torso fractures

 

 

Torso — lower

 

 

 

 

Avulsion fracture pelvis

3.552

 

 

Avulsion fracture pelvis requiring surgery

10.105

 

 

Fracture(s) pelvis

30.984

 

 

Fracture(s) pelvis, requiring surgery

49.884

 

Upper limb — lower arm

 

 

 

 

Avulsion fracture lower arm

3.552

 

 

Avulsion fracture lower arm, requiring surgery


11.225

 

 

Fracture(s) finger(s) and/or hand

10.200

 

 

Fracture(s) finger(s) and/or hand, requiring surgery


19.233

 

 

Fracture lower arm

19.233

 

 

Fracture lower arm, requiring surgery

27.949

 

 

Fractures lower arm, two bones

22.242

 

 

Fractures lower arm, two bones, at least one bone requiring surgery


34.602

 

 

Fractures lower arm, three or more bones

27.949

 

 

Fractures lower arm, three or more bones, at least one bone requiring surgery


44.600

 

 

* Lower arm includes radius, ulna, carpal bones (wrist) and hand/fingers

* Multiple fractures of the fingers and/or hand will be considered one bone when awarding multiple lower arm fractures

* Multiple fractures of the carpal bones (wrist) will be considered one bone

 

 

 

Upper limb — upper arm

 

 

 

 

Avulsion fracture upper arm

3.552

 

 

Avulsion fracture upper arm, requiring surgery


11.225

 

 

Fracture(s) humerus

22.242

 

 

Fracture(s) humerus, requiring surgery

34.602

Tendon/ligament/cartilage/ muscle

 

 

 

Head

 

 

 

 

Temporomandibular joint (TMJ) injury

12.409

 

Lower limb

 

 

 

 

Deep tissue injury(ies) lower limb

6.411

 

 

Sprain(s)/strain(s) lower limb

12.409

 

 

Dislocation lower limb

12.409

 

 

Dislocation lower limb, requiring surgery

22.242

 

 

Dislocations lower limb

19.233

 

 

Dislocations lower limb, at least one requiring surgery


29.703

 

 

Torn/lacerated tendon, ligament, cartilage or muscle, lower limb


19.233

 

 

Torn/lacerated tendons, ligaments, cartilage or muscles, lower limb


22.242

 

 

Torn/lacerated tendon, ligament, cartilage or muscle, lower limb, requiring surgery

29.703

 

 

Torn/lacerated tendons, ligaments, cartilage or muscles, lower limb, at least one requiring surgery



34.602

 

Neck

 

 

 

 

Sprain/strain neck

12.409

 

 

Cartilage injury(ies) neck

12.409

 

 

Cartilage injury(ies) neck, requiring surgery

29.703

 

Spine

 

 

 

 

Displaced disc, traumatic

19.233

 

 

Displaced disc, traumatic, requiring surgery

29.703

 

 

Displaced discs, traumatic

29.703

 

 

Displaced discs, traumatic, requiring surgery

44.600

 

Torso

 

 

 

 

Sprain(s)/strain(s) torso

12.409

 

Upper limb

 

 

 

 

Deep tissue injury(ies), upper limb

6.411

 

 

Sprain(s)/strain(s) upper limb

12.409

 

 

Dislocation upper limb

12.409

 

 

Dislocations upper limb

19.233

 

 

Dislocation upper limb, requiring surgery

22.242

 

 

Dislocations upper limb, at least one requiring surgery


29.703

 

 

Torn/lacerated tendon, ligament, cartilage or muscle, upper limb


19.233

 

 

Torn/lacerated tendons, ligaments, cartilage or muscles, upper limb


22.242

 

 

Torn/lacerated tendon, ligament, cartilage or muscle, upper limb, requiring surgery


29.703

 

 

Torn/lacerated tendons, ligaments, cartilage or muscles, upper limb, requiring surgery


34.602

AR 63/2004 Sched. 3;71/2011;225/2012

Schedule 4
Financial Benefit Awards

Awards

Severity Range                                                                       Amount

0 to 2.499                                                                                          $0

2.500 to 4.999                                                                                500

5.000 to 8.499                                                                              1000

8.500 to 11.999                                                                           1500

12.000 to 14.999                                                                         2000

15.000 to 18.499                                                                         2500

18.500 to 19.999                                                                         3000

20.000 to 22.499                                                                         4000

22.500 to 27.499                                                                         5000

27.500 to 29.999                                                                         6000

30.000 to 32.999                                                                         7000

33.000 to 37.999                                                                         8000

38.000 to 39.999                                                                         9000

40.000 to 40.999                                                                      10 000

41.000 to 46.999                                                                      12 000

47.000 to 49.999                                                                      14 000

50.000 to 56.999                                                                      16 000

57.000 to 59.999                                                                      18 000

60.000 to 64.999                                                                      20 000

65.000 to 68.499                                                                      25 000

68.500 to 69.999                                                                      30 000

70.000 to 79.999                                                                      35 000

80.000 to 89.999                                                                      40 000

90.000 to 99.999                                                                      45 000

100.000 to 109.999                                                                 50 000

110.000 to 119.999                                                                 55 000

120.000 to 129.999                                                                 60 000

130.000 to 149.999                                                                 70 000

150.000 to 169.999                                                                 80 000

170.000 to 189.999                                                                 90 000

190.000 to 209.999                                                               100 000

210.000 or higher                                                                  110 000