1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Criminal Injury Compensation Act, R.S.B.C. 1979, c. 83, is amended
(a) in subsection (1) by repealing the definitions of "dependant" and "member of the family" and by adding the following definition:
"immediate family member" means
(a) a spouse, child, sibling, step-sibling, half sibling or parent of the victim or a person who, although not a parent or child of the victim, was like a parent or child to the victim and, for this purpose
(i) spouse means the individual recognized under subsection (2) as the spouse of the victim or the individual who is married to or living in a marriage like relationship with the victim and this marriage or marriage like relationship may be between persons of the same gender, and
(ii) child includes an individual recognized under subsection (2) as the child of the victim and, with reference to the victim as parent, a child born after the death of the victim, or
(b) if dependent in whole or in part on the victim for financial support at the time of the victim's death, a grandparent or grandchild of the victim; , and
(b) by repealing subsection (2) and substituting the following:
(2) If at the time of the death of a victim an individual was qualified as a spouse or child of the victim under an enactment of British Columbia or Canada to apply for maintenance or alimony from the victim, or was entitled to maintenance or alimony from the victim under an order or agreement enforceable under such an enactment, the board may recognize the individual as the spouse or child of the victim for the purposes of this Act.
2 Section 2 is amended
(a) in subsections (1), (3) and (3.1) (c) by striking out "dependants" and substituting "immediate family members", and
(b) in subsection (3) by striking out "dependant" and substituting "immediate family member".
3 Section 3 is amended
(a) in subsection (1) (b) (ii) by striking out "awarded to dependants of a victim," and substituting "awarded to immediate family members,",
(b) in subsection (2) (b) by striking out "dependants," and substituting "immediate family members,", and
(c) in subsection (2) (c) by striking out "dependant" and substituting "immediate family member".
4 Section 5 is amended
(a) in subsection (1) by striking out "dependents" and substituting "immediate family members",
(b) by repealing subsection (3) (a) and substituting the following:
(a) except under section 2 (3.1) (f), to a victim who is injured in circumstances giving recourse to the Government Employees Compensation Act (Canada) or the Workers Compensation Act; ,
(c) in subsection (3) (c) by striking out "a dependant" and substituting "an immediate family member", and
(d) in subsection (3) (d) by striking out "a dependant" and substituting "an immediate family member".
5 Section 7 is repealed and the following substituted:
7 The Attorney General may appear and be heard at the hearing of any matter by the board under this Act.
6 Section 10 is amended by striking out "dependant" wherever it appears and substituting "immediate family member".
7 Section 14 is amended by striking out "dependants." and substituting "immediate family members."
8 Section 15 (1) is amended by striking out "a dependant" and substituting "an immediate family member".
9 Section 18 (3) is amended by striking out "a dependant" and substituting "an immediate family member".
10 Section 20 (2) (f) is amended by striking out "member of the family of a victim;" and substituting "person to the victim;".
11 Section 22 is amended
(a) in subsection (2) by striking out "a dependent of the victim" and substituting "an immediate family member",
(b) in subsection (2.1) by striking out "a dependant of the victim," and substituting "an immediate family member,", and
(c) in subsection (2.2) by striking out "a dependant of a victim," and substituting "an immediate family member,".
12 Section 22.1 (2) is amended by striking out "a dependant of a victim" and substituting "an immediate family member".
13 (1) This Act comes into force by regulation of the Lieutenant Governor in Council.
(2) When sections 1 to 3, 4 (a), (c) and (d) and 6 to 12 are brought into force by regulation, the Criminal Injury Compensation Act, as amended by sections 1 to 3, 4 (a), (c) and (d) and 6 to 12, applies to compensation claims arising from a death from an act or omission that occurs on or after January 1, 1991.
(3) When brought into force by regulation, sections 1 to 3, 4 (a), (c) and (d) and 6 to 12 are deemed to have come into force on January 1, 1991 and are retroactive to the extent necessary to give them effect for the purposes of subsection (2) on and after that date.
(4) When section 4 (b) is brought into force by regulation, the Criminal Injury Compensation Act, as amended by section 4 (b), applies to compensation claims arising from an injury from an act or omission that occurs on or after June 1, 1995.
(5) When brought into force by regulation, section 4 (b) is deemed to have come into force on June 1, 1995 and is retroactive to the extent necessary to give it effect for the purposes of subsection (4) on and after that date.
(6) For the purposes of this section but for no other purpose, a decision by the appeal division in a matter on or before June 1, 1995 is not a bar to the matter being reopened, reheard or redetermined under section 20 (3) of the Criminal Injury Compensation Act despite that section 20 (3).
SECTION 1: [Criminal Injury Compensation Act, amends section 1] replaces the definitions "dependant" and "member of the family" with a new definition of "immediate family member" and reenacts section 1 (2) of the Act.
SECTIONS 2 and 3: [Criminal Injury Compensation Act, amends sections 2 and 3] substitutes references to "dependant" with ones to "immediate family member".
SECTION 4: [Criminal Injury Compensation Act, amends section 5] substitutes references to "dependant" with ones to "immediate family member" and extends compensation for pain, suffering, mental or emotional trauma, humiliation or inconvenience to cases where victims are injured in the course of their employment.
SECTION 5: [Criminal Injury Compensation Act, reenacts section 7] removes the requirement that the board give notice to the Attorney General of each application under the Act.
SECTIONS 6 to 9: [Criminal Injury Compensation Act, amends sections 10, 14, 15 and 18] substitute references to "dependant" with ones to "immediate family member".
SECTION 10: [Criminal Injury Compensation Act, amends section 20] revises a reference to "member of the family" as a consequence of the repeal of the defined term by section 1 of this Bill.
SECTIONS 11 and 12: [Criminal Injury Compensation Act, amends sections 22 and 22.1] substitute references to "dependant" with ones to "immediate family member".
[ Return to: Legislative Assembly Home Page ]
Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada