Acts and Regulations

96-81 - Compensation for Victims of Crime

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 96-81
under the
Victims Services Act
(O.C. 96-738)
Filed August 8, 1996
Under section 24 of the Victims Services Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
Citation
2005-134
1This Regulation may be cited as the Compensation for Victims of Crime Regulation - Victims Services Act.
2005-134
Definitions
2In this Regulation
“applicant” means a person who is entitled to make an application for financial compensation under section 3;(requérant)
“child” means a person who has not attained the age of nineteen years and includes a stepchild; (enfant)
“eligible expenses” means the eligible expenses set out in section 5;(dépenses admissibles)
“injury” means actual bodily harm, mental or nervous shock and, in the case of a sexual offence, includes any physical contact;(blessure)
“offence” means an offence under the Criminal Code (Canada);(infraction)
“victim of crime” means a person who is killed or injured in New Brunswick as a result of the commission of an offence on that person.(victime d’acte criminel)
2005-134
Application for financial compensation
3(1)An application for financial compensation may be made by
(a) a victim of crime,
(b) a parent or guardian acting on behalf of a child victim of crime, or
(c) the next of kin or any other person principally incurring eligible expenses in relation to a deceased victim of crime.
3(2)An application under subsection (1) shall be made
(a) within one year of the commission of the offence, or
(b) in the case of a sexual offence, within one year of disclosure of the offence to the police.
3(3)An application under subsection (1) shall be made on a form provided by the Minister.
3(4)Where more than one offence has been committed against a victim of crime so that the victimization is continuous and related to the overall impact on the victim of crime, the victimization shall be dealt with under one application and the maximum amount payable under section 6 applies.
3(5)Subsection (4) shall not be construed so as to preclude a victim of crime from making an application for financial compensation in relation to injuries suffered as a result of the commission of an offence other than the continuing offences referred to in subsection (4).
2005-134
Eligibility
4(1)An award of financial compensation may be made
(a) if the offence resulted in
(i) the death of the victim of crime, or
(ii) injury to the victim of crime, and
(b) if the offence was reported to police without undue delay and the victim of crime cooperated in the investigation and prosecution of the offence.
4(2)Financial compensation shall not be awarded
(a) if the behaviour of the victim of crime directly contributed to the death or injury of the victim of crime,
(b) if the applicant has knowingly given false information in the application or to the police,
(c) if the application is frivolous, or
(d) in the case of a sexual offence, if the offence occurred before November 15, 1971.
2005-134
Eligible expenses
5Subject to section 6, the eligible expenses in respect of which financial compensation may be paid and the maximum amounts of such financial compensation are as follows:
(a) funeral expenses$8,000;
(b) dental expenses$1,000;
(c) counselling expenses$2,000;
(d) medical expenses$800;
(e) physiotherapy expenses$600;
(f) medication expenses$300;
(g) eye wear expenses$300;
(h) child care expenses$200;
(i) relocation expenses$800;
(j) transportation expenses$300;
(k) miscellaneous expenses$300.
2010-67
Financial compensation
6(1)The maximum amount of financial compensation for eligible expenses that may be awarded, including any amount to compensate for pain and suffering, is ten thousand dollars.
6(2)Pain and suffering of the victim of crime may be compensated to a maximum amount of one thousand dollars.
2005-134; 2010-67
Deductions
7The following amounts received in respect of eligible expenses shall be deducted from awards under this Regulation:
(a) any amount received by or on behalf of the victim of crime, whether by civil action or otherwise, from the person who may be liable for the death or injury,
(b) any amount payable to or on behalf of the victim of crime under accident, sickness, life or other insurance as a result of the death or injury,
(c) any amount received as a result of the death or injury of the victim of crime from a public assistance program.
2005-134
Lump sum payments
8Financial compensation awards shall be made as lump sum payments.
Acceptance of award
9Acceptance of an award of financial compensation under this Regulation does not affect any right of a person to institute proceedings in respect of the death or injury of the victim of crime.
2005-134
Appeal
10(1)An applicant may appeal in writing to the Minister in respect of
(a) the eligibility of the applicant for financial compensation, or
(b) the amount of financial compensation to be paid to the applicant.
10(2)The Minister shall
(a) review the file, including any new information relating to the grounds of appeal, and
(b) notify, in writing, the applicant of the results of the appeal and state the reasons for the decision taken.
Commencement
11This Regulation shall be deemed to have come into force on April 1, 1996.
N.B. This Regulation is consolidated to May 15, 2018.