VICTIMS OF CRIME ACT

Chapter V-3

Table of Contents

                1       Definitions

                2       Principles

                3       Director

                4       Information

                5       Committee

                6       Duties of the Committee

                7       Criminal Injuries Review Board

             7.1       Panels

                8       Surcharge

                9       Fund

              10       Use of Fund

              11       Grants

              12       Eligibility for financial benefits

              13       Determining financial benefits

           13.1       Information

              14       Reviews

           14.1       Appeal to Court of Appeal

              15       Payments

           15.1       Director’s decision

              16       False statements

              17       Regulations

              18       Cause of action not created

              19       Transitional

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

Definitions

1   In this Act,

                                 (a)    repealed 2001 c15 s2;

                                 (b)    “child” includes an illegitimate child;

                                 (c)    repealed 2002 cA‑4.5 s78;

                                 (d)    “Committee” means the Victims of Crime Programs Committee established under section 5;

                                 (e)    “dependant” means a spouse or adult interdependent partner, child or other relative of a victim who was, in whole or in part, dependent on the income of the victim at the time of the victim’s death and includes a child of the victim born after the victim’s death;

                                  (f)    “Director” means the Director designated under section 3;

                                 (g)    “enactment” means any Act, regulation, order or bylaw enacted in relation to any matter over which the Legislature has legislative authority;

                                 (h)    “fine” includes a specified penalty;

                                  (i)    “former Act” means the Criminal Injuries Compensation Act, RSA 1980 cC‑33;

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

                                 (k)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                              (k.1)    “Review Board” means the Criminal Injuries Review Board referred to in section 7;

                                  (l)    “victim” means

                                           (i)    with respect to financial benefits, a person who is injured or dies as a direct result of an act or omission described in section 12(1), and

                                          (ii)    with respect to a program, a person who suffers a loss or injury as the result of the commission of an offence.

RSA 2000 cV‑3 s1;2001 c15 s2;2002 cA‑4.5 s78

Principles

2(1)  The following principles apply to the treatment of victims:

                                 (a)    victims should be treated with courtesy, compassion and respect;

                                 (b)    the privacy of victims should be considered and respected to the greatest extent possible;

                                 (c)    all reasonable measures should be taken to minimize inconvenience to victims;

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

                                 (e)    the safety and security of victims should be considered at all stages of the criminal justice process, and appropriate measures to protect victims from intimidation and retaliation should be taken when necessary;

                                  (f)    information should be provided to victims about the criminal justice system and the victim’s role and opportunities to participate in criminal justice processes;

                                 (g)    information should be provided to victims, in accordance with prevailing law, policies and procedures, about the status of the investigation, the scheduling, progress and final outcome of the proceedings and the status of the offender in the correctional system;

                                 (h)    information should be provided to victims about victim assistance services, including the Victim Impact Statement Program, requesting restitution, means of obtaining financial reparation and other assistance and programs;

                                  (i)    the views, concerns and representation of victims are an important consideration in criminal justice processes and should be considered in accordance with prevailing law, policies and procedures;

                                  (j)    the needs, concerns and diversity of victims should be considered in the development and delivery of programs and services and in related education and training;

                                 (k)    information should be provided to victims about available options to raise their concerns when they believe that these principles have not been followed.

(2)  Victims should report the crime and co‑operate with law enforcement authorities.

RSA 2000 cV‑3 s2;2005 c20 s2

Director

3(1)  The Minister may designate an employee under the administration of the Minister as the Director to carry out the duties and functions of the Director under this Act.

(2)  The duties and functions of the Director include

                                 (a)    providing victims and their families with general information concerning

                                           (i)    the structure and operation of the justice system,

                                          (ii)    victim services, and

                                         (iii)    this Act,

                                 (b)    on request by victims who feel they have not been treated in accordance with the principles of this Act, providing information on how to resolve their concerns,

                                 (c)    in accordance with section 13, evaluating applications for and making decisions respecting eligibility for financial benefits, and

                                 (d)    any other duties assigned by the Minister.

(3)  The Director may delegate the Director’s duties to an employee under the administration of the Minister.

1996 cV-3.3 s3;1998 c23 s23

Information

4(1)  Subject to the limits imposed by the availability of resources, enactments, including the Youth Justice Act and the Youth Criminal Justice Act (Canada), and  other limits that are reasonable in the circumstances of each case, a victim, on request and at the earliest opportunity, is to be provided with information by the person or agency that has the information with respect to the case, on

                                 (a)    the status of the police investigation and any prosecution that results from that investigation, if the information does not harm a law enforcement matter nor harm investigative techniques and procedures currently used, or likely to be used, in law enforcement;

                                 (b)    the role of the victim and of the other persons involved in the prosecution of the offence;

                                 (c)    court procedures;

                                 (d)    any opportunity for the victim to make representations to the court on the impact of the offence on the victim.

(2)  For the purposes of this section, “victim” in relation to an offence means a person to whom harm has been done or who suffers physical or emotional loss as a result of the commission of the offence and, if the person is dead, ill or otherwise incapable, includes the spouse or adult interdependent partner or any relative of that person or anyone who has custody of that person in law or in fact or who is responsible for the care or support of that person.

RSA 2000 cV‑3 s4;2002 cA‑4.5 s78;2003 c41 s4(31)

Committee

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.

(2)  The Minister may designate one of the members of the Committee to chair the Committee.

(3)  Members of the Committee who are not employees of the Government may be paid remuneration, and may receive reasonable travelling and living expenses while away from their ordinary places of residence in the course of their duties as members of the Committee, at rates prescribed by the Minister.

1996 cV‑3.3 s5

Duties of the Committee

6   At the request of the Director, the Committee is to

                                 (a)    evaluate applications for grants for programs,

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

                                 (c)    undertake other duties related to the administration of this Act.

1996 cV‑3.3 s6

Criminal Injuries Review Board

7(1)  The Criminal Injuries Appeal Board is continued under the name “Criminal Injuries Review Board”.

(2)  The Review Board is to consist of not more than 6 members appointed by the Lieutenant Governor in Council, one of whom must be a physician.

(3)  The Lieutenant Governor in Council may designate one of the members of the Review Board to act as chair and another to act as vice‑chair of the Review Board.

(4)  In the absence or incapacity of the chair, the vice‑chair of the Review Board may act and exercise all of the powers of the chair.

(5)  Members of the Review Board who are not employees of the Government may be paid remuneration, and may receive reasonable travelling and living expenses while away from their ordinary places of residence in the course of their duties as members of the Review Board, at rates determined by the Lieutenant Governor in Council.

(6)  The Review Board and each member of the Review Board have all the powers of a commissioner under the Public Inquiries Act.

RSA 2000 cV‑3 s7;2001 c15 s3

Panels

7.1(1)  The Review Board shall, subject to and in accordance with the regulations, review decisions of the Director made under section 13 or 15.

(2)  Where a hearing is required under this Act, the chair must designate any 3 members of the Review Board to sit as a panel, which may include the chair, to conduct the hearing.

(3)  A decision or action made or taken by a panel is a decision or action of the Review Board.

(4)  A panel of the Review Board may exercise and perform all the powers and duties of the Review Board under this Act.

(5)  For the purposes referred to in subsection (4), any reference in this Act to the Review Board is a reference to a panel of the Review Board.

(6)  If the chair is not a member of a panel, the chair must designate one of the members of the panel to preside over the panel.

(7)  When a hearing is conducted by a panel and one of the members of the panel for any reason does not attend on any day or part of a day, the 2 remaining members present may exercise the powers and perform the duties of the panel with respect to that hearing.

(8)  Panels may sit simultaneously or at different times.

(9)  The Review Board may, subject to the approval of the Lieutenant Governor in Council, make rules governing the Board’s and a panel’s procedure and hearings.

2001 c15 s3

Surcharge

8(1)  If a fine is imposed on a person who is convicted of an offence under an enactment, the person must pay a surcharge unless

                                 (a)    the offence is a contravention of a municipal bylaw or a Metis settlement bylaw, or

                                 (b)    the offence is excluded from the application of this section by the regulations.

(2)  The amount of a surcharge is the amount provided for in the regulations.

(3)  The surcharge may be collected in the same manner as a fine.

(4)  Notwithstanding any other enactment, any payment made by or on behalf of a person convicted of an offence is to be applied first to payment in full of the surcharge.

(5)  Notwithstanding any other enactment, the proceeds of the surcharge must be deposited in the Fund.

(6)  Section 34 of the Corrections Act does not apply to a surcharge.

RSA 2000 cV‑3 s8;2001 c15 s4

Fund

9(1)  The Victims’ Programs Assistance Fund is continued as the “Victims of Crime Fund”.

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

                                 (a)    money from victim fine surcharges collected in Alberta pursuant to section 737 of the Criminal Code (Canada) directed by the Lieutenant Governor in Council to be paid into the Fund;

                                 (b)    money collected from surcharges under this Act;

                                 (c)    money received by the Crown for the purpose of assisting victims;

                              (c.1)    money received pursuant to the Victims Restitution and Compensation Payment Act;

                                 (d)    money appropriated by the Legislature for the purposes of the Fund;

                                 (e)    subject to section 19(2), money received as repayment of a financial benefit under this Act;

                                  (f)    money received as repayment of a grant under this Act;

                                 (g)    money received as repayment of a financial benefit that is a debt due to the Crown pursuant to section 16(3);

                                 (h)    money payable to the Crown in right of Alberta under an agreement with the Crown in right of Canada respecting assistance to victims that is approved by the Minister for deposit in the Fund.

(3)  The Minister holds and administers the Fund.

(4)  The income of the Fund accrues to and forms part of the Fund.

(5)  The Minister may be a participant under section 40 of the Financial Administration Act on behalf of the Fund.

RSA 2000 cV‑3 s9;2001 cV‑3.5 s57;2004 c7 s19;
2006 c23 ss31,81

Use of Fund

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

                                 (a)    for grants under section 11;

                                 (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(3);

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

RSA 2000 cV‑3 s10;2001 c15 s5;2006 c23 s81

Grants

11   The Minister may, in accordance with the regulations and on the recommendation of the Committee, make grants with respect to programs that benefit victims of crime.

1996 cV‑3.3 s11

Eligibility for financial benefits

12(1)  Subject to subsection (4), the following persons may, in accordance with the regulations, apply to the Director for financial benefits if the injury to or death of a victim was the direct result of an act or omission that occurred in Alberta and is one of the offences under the Criminal Code (Canada) specified in the regulations:

                                 (a)    in respect of the victim’s injury, the victim;

                                 (b)    in respect of the victim’s death, a dependant or, if the victim dies leaving no dependants,

                                           (i)    a spouse or adult interdependent partner, parent, child, sister or brother of the victim who is not a dependant, or

                                          (ii)    any other person who in the opinion of the Director is eligible for financial benefits.

(2)  An application under subsection (1)

                                 (a)    must be made within 2 years from the date of the injury or death or within 2 years from the date when the victim becomes aware of or knows or ought to know the nature of the injuries and recognizes the effects of the injuries, and

                                 (b)    may be made only with respect to an act or omission that was reported, within a reasonable time after it happened, to the appropriate law enforcement authority.

(3)  Notwithstanding subsection (2)(a), the Director may extend the period of time for making an application if in the opinion of the Director it is appropriate to do so.

(4)  The following are not eligible for financial benefits:

                                 (a)    a person who is convicted of a criminal offence arising from the events that resulted in the injury or death of  the person;

                                 (b)    a dependant of a person described in clause (a) unless the dependant is also a dependant of another person who is a victim as a result of the same events;

                                 (c)    a spouse or adult interdependent partner, parent, child, sister or brother of a person described in clause (a) who is not a dependant unless, in the case of a parent, child, sister or brother, the parent, child, sister or brother is also a parent, child, sister or brother of another person who is a victim as a result of the same events.

RSA 2000 cV‑3 s12;2001 c15 s6;2002 cA‑4.5 s78

Determining financial benefits

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.

(2)  Subject to the regulations, for the purpose of determining whether a person is eligible under section 12 for financial benefits or the amounts of financial benefits, the Director may

                                 (a)    require the applicant to provide information respecting how the injuries were acquired and describing the injuries suffered by the victim, and

                                 (b)    receive in evidence any statement, document, information or matter that, in the opinion of the Director, may assist in dealing with the application, whether or not the statement, document, information or matter would be admissible as evidence in a court of law.

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

                                 (a)    if the Director determines that the applicant or victim is not eligible under section 12,

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

                                           (i)    did not fully cooperate with any investigation into the events that resulted in the injury or death of the victim, or

                                          (ii)    did not provide information required under subsection (2)(a),

or

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

(4)  Subject to the regulations, 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, in accordance with the regulations, deny the payment of any financial benefits or reduce the amount of the financial benefits.

RSA 2000 cV‑3 s13;2001 c15 s7

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 financial benefits under this Act or determining the amounts of those financial benefits.

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

                                 (a)    a law enforcement agency 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 diagnostic, 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 under this Act or to determine the amounts of those financial benefits.

(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 under this Act or determining the amounts of those financial benefits.

(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 under this Act or determining the amounts of those financial benefits, 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, it would not be an unreasonable invasion of the applicant’s or victim’s personal privacy.

2001 c15 s7;2002 cA‑4.5 s78

Reviews

14(1)  A person may apply to the Review Board for a review of a decision of the Director under section 13 or 15 not later than 30 days after the receipt of a copy of the decision of the Director provided under section 15.1.

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

(3)  On receipt of an application for review, the chair of the Review Board or a member designated by the chair must evaluate the application to determine whether there are grounds for the review or if the application is frivolous or vexatious, and if the chair or the designate is of the opinion that there are no grounds or that the application is frivolous or vexatious, the chair or the designate may dismiss the application.

(4)  The Review Board may, with respect to an application, review all evidence considered by the Director whether or not it would be admissible in a court of law.

(5)  The Review Board may

                                 (a)    request persons with special technical knowledge to advise the Review Board on matters relevant to a review, and

                                 (b)    require a victim to undergo a medical examination by a physician named or approved by the Review Board.

(6)  The Review Board may

                                 (a)    rescind, confirm or vary a decision of the Director as to eligibility for financial benefits under this Act or under an order under the Criminal Injuries Compensation Act,

                                 (b)    rescind or confirm a decision of the Director made under section 13(3)(b) or (c), or

                                 (c)    confirm the determination of the Director or vary the determination of the Director as to the amount of financial benefits determined in accordance with the regulations under this Act by increasing or decreasing the amount to be paid.

(7)  If significant new evidence is provided to the Review Board, the Review Board may refer the matter back to the Director to review the original decision, taking into account the new evidence.

(8)  As soon as possible after making a decision under this section, the Review Board must provide the applicant and the Director with a copy of the decision.

(9)  Subject to subsection (10) and section 14.1, a decision of the Review Board is final.

(10)  The Minister may, on an application for judicial review, challenge a decision of the Review Board that rescinds

                                 (a)    a decision of the Director under section 13(3) to dismiss an application, or

                                 (b)    a decision of the Director under section 13(4) to deny payment of financial benefits.

RSA 2000 cV‑3 s14;2001 c15 s8

Appeal to Court of Appeal

14.1(1)  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.

2001 c15 s8

Payments

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 behalf 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).

(4)  Repealed 2001 c15 s9.

(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.

RSA 2000 cV‑3 s15;2001 c15 s9

Director’s decision

15.1   After making a decision under section 13 or 15, the Director must provide the applicant with a copy of the decision and must advise the applicant

                                 (a)    that the applicant may apply to have the Director’s decision reviewed by the Review Board, and

                                 (b)    that the applicant may request that the review be conducted in person or by written submission.

2001 c15 s10

False statements

16(1)  No person shall make a false or misleading statement in an application for financial benefits or a grant.

(2)  A person who contravenes subsection (1) is guilty of an offence.

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

1996 cV‑3.3 s16

Regulations

17   The Lieutenant Governor in Council may make regulations

                                 (a)    listing offences with respect to which a surcharge is not imposed;

                                 (b)    providing for the amount, or for a method of calculating the amount, of the surcharge;

                                 (c)    respecting payments under section 10;

                                 (d)    respecting grants for programs under section 11 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;

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

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

                                  (j)    describing conduct for which 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 for 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 and how and when the payments of financial benefits are to be made;

                                 (n)    respecting reviews by the Review Board.

RSA 2000 cV‑3 s17;2001 c15 s11

Cause of action not created

18   Subject to sections 14(7) and 16(2) and (3), no cause of action, right of appeal, claim for damages or other remedy in law exists because of this Act or anything done or omitted to be done under this Act.

1996 cV‑3.3 s18

Transitional

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.

(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.

1996 cV‑3.3 s19