Acts and Regulations

V-2.1 - Victims Services Act

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Document at 24 April 2014
CHAPTER V-2.1
Victims Services Act
Assented to June 27, 1987
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1The following definitions apply in this Act.
“accused” means an accused in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered under the Criminal Code (Canada). (accusé)
“correctional institution” means a correctional institution as defined in the Corrections Act. (établissement de correction)
“criminal justice process” means the judicial proceedings under any Act of Parliament or the Legislature used to deal with a person who is alleged to have committed an offence and includes extrajudicial measures. (processus de justice pénale)
“extrajudicial measures” means measures other than judicial proceedings under any Act of Parliament or the Legislature used to deal with a person who is alleged to have committed an offence and includes extrajudicial sanctions and alternative measures. (mesures extrajudiciaires)
“fine” includes any penalty payable in money. (amende)
“fund” means the Victims Services Fund established under section 17. (Fonds)
“Minister” means the Minister of Public Safety. (ministre)
“offender” means a person sentenced to a term of imprisonment in a correctional institution or a young person sentenced under the Youth Criminal Justice Act (Canada) to serve the custodial portion of a custody and supervision order in a place of secure custody. (délinquant)
“place of secure custody” means a place of secure custody as defined in the Custody and Detention of Young Persons Act. (endroit de garde en milieu fermé)
“psychiatric facility” means a hospital as defined in section 672.1 of the Criminal Code (Canada) or a hospital as defined in subsection 141(11) of the Youth Criminal Justice Act (Canada), as the case may be. (établissement psychiatrique)
1988, c.11, s.29; 2000, c.26, s.279; 2005, c.19, s.1
DECLARATION OF PRINCIPLES
Declaration of Principles
2Victims of crime should be treated with courtesy, compassion and respect.
2005, c.19, s.2
Declaration of Principles
3The privacy of victims of crime should be considered and respected to the greatest extent possible.
2005, c.19, s.3
Declaration of Principles
4All reasonable measures should be taken to minimize inconvenience to victims of crime.
2005, c.19, s.4
Declaration of Principles
5The safety and security of victims of crime should be considered at all stages of the criminal justice process, and appropriate measures should be taken when necessary to protect victims of crime from intimidation and retaliation.
2005, c.19, s.5
Declaration of Principles
6Information should be provided to victims of crime about the criminal justice system and the victim of crime’s role and opportunities to participate in criminal justice processes.
2005, c.19, s.6
Declaration of Principles
7Victims of crime should be given information, in accordance with prevailing law, policies and procedures, about the status of the investigation, the scheduling, progress and outcome of the proceedings, and the status of the offender in the correctional system.
2005, c.19, s.7
Declaration of Principles
7.1Information should be provided to victims of crime about available victim assistance services, other programs and assistance available to them, and means of obtaining financial reparation.
2005, c.19, s.8
Declaration of Principles
7.2The views, concerns and representations of victims of crime are an important consideration in criminal justice processes and should be considered in accordance with prevailing law, policies and procedures.
2005, c.19, s.8
Declaration of Principles
7.3The needs, concerns and diversity of victims of crime should be considered in the development and delivery of programs and services, and in related education and training.
2005, c.19, s.8
Declaration of Principles
7.4Information should be provided to victims of crime about available options to raise their concerns when they believe that these principles have not been followed.
2005, c.19, s.8
DISCLOSURE
2005, c.19, s.8
Disclosure
7.5At the request in writing of a victim of crime, the Minister shall disclose to the victim of crime the following information if, in the Minister’s opinion, it is reasonable and practicable to do so and the interest of the victim of crime in such disclosure clearly outweighs any invasion of the accused’s or offender’s privacy that could result from the disclosure:
(a) with respect to an accused:
(i) the name of the accused;
(ii) the date of any hearing held by the Review Board established or designated in New Brunswick under subsection 672.38(1) of the Criminal Code (Canada);
(iii) the date of any disposition hearing held by the court under section 672.45 of the Criminal Code (Canada);
(iv) any disposition of the court or Review Board under section 672.54 of the Criminal Code (Canada);
(v) the location of the psychiatric facility in which the accused is detained; and
(vi) the death of an accused who is detained in a psychiatric facility; and
(b) with respect to an offender:
(i) the name of the offender;
(ii) the date of expiration of the sentence of imprisonment that is served in a correctional institution or the date of expiration of the custodial portion of a custody and supervision order that is served in a place of secure custody;
(iii) the escape of the offender from a correctional institution or a place of secure custody, or the offender’s otherwise being unlawfully at large, and his or her recapture;
(iv) the granting of a temporary absence from a correctional institution without escort or the authorization of a reintegration leave from a place of secure custody without escort; and
(v) the death of the offender who is detained in a correctional institution or a place of secure custody.
2005, c.19, s.8
Conflict with the Right to Information and Protection of Privacy Act
7.6If section 7.5 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 7.5 prevails.
2013, c.34, s.38
VICTIMS SERVICES COMMITTEE
Repealed: 2005, c.19, s.9
2005, c.19, s.9
Repealed
8Repealed: 2005, c.19, s.10
2005, c.19, s.10
Repealed
9Repealed: 2005, c.19, s.11
2005, c.19, s.11
Repealed
10Repealed: 2005, c.19, s.12
2005, c.19, s.12
Repealed
11Repealed: 2005, c.19, s.13
1988, c.46, s.1; 2005, c.19, s.13
Repealed
12Repealed: 2005, c.19, s.14
2005, c.19, s.14
Repealed
13Repealed: 2005, c.19, s.15
2005, c.19, s.15
Repealed
14Repealed: 2005, c.19, s.16
2005, c.19, s.16
Repealed
15Repealed: 2005, c.19, s.17
2005, c.19, s.17
Repealed
16Repealed: 2005, c.19, s.18
2005, c.19, s.18
VICTIMS SERVICES FUND
Victims Services Fund
17There is established a fund to be known as the Victims Services Fund and the fund shall be constituted from the money received under sections 18, 18.1, 18.2 and 19.
2005, c.19, s.19
Imposition of surcharge
18(1)Subject to subsection (3), where a person
(a) is convicted of an offence under any Act of the Legislature or any regulation under such Act,
(b) makes a payment under any Act of the Legislature or any regulation under such Act, on which payment the person is deemed to have been convicted of an offence, or
(c) makes a payment in accordance with subsection 14(1) or (2) of the Provincial Offences Procedure Act in respect of an offence charged in a ticket served on the person under that Act,
a surcharge is payable by the person.
18(2)The surcharge payable under subsection (1) shall be an amount determined in accordance with the regulations.
18(3)No surcharge is payable in respect of a violation of a by-law made under an Act of the Legislature or in any other case in respect of which the regulations do not provide for the determination of the amount of the surcharge.
18(4)Where a person is convicted in accordance with subsection 16(1) or paragraph 29(1.1)(a) of the Provincial Offences Procedure Act, the surcharge payable shall be the amount included in the fixed penalty in accordance with paragraph 14(5)(c) of that Act and no additional surcharge shall be imposed in respect of the conviction.
18(5)Notwithstanding any provision of any other Act of the Legislature but subject to subsection (6), no person shall accept a payment in respect of a fine or a payment within the meaning of paragraph (1)(b) or (c) unless the payment is accompanied by or includes the surcharge payable under subsection (1).
18(6)Nothing in subsection (5) prevents a person from accepting a payment of less than the full amount of a fine imposed in respect of an offence under an Act of the Legislature or a regulation under such Act if the acceptance of such a payment is expressly permitted under an Act of the Legislature.
18(7)Notwithstanding any provision of any other Act of the Legislature, a payment made in respect of a fine or a payment within the meaning of paragraph (1)(b) or (c) or subsection (6) does not constitute full satisfaction, release and discharge of all penalties and imprisonments incurred by the person making the payment unless the surcharge payable under subsection (1) is paid and payment of the surcharge may be enforced as if the surcharge were a fine.
18(8)Where a person is convicted of an offence within the meaning of paragraph (1)(a) but no fine is imposed, the surcharge in respect of that conviction is payable in such manner and at such time as the judge making the conviction may order and payment of the surcharge may be enforced as if the surcharge were a fine or in such other manner as the judge may order.
1990, c.14, s.1; 2005, c.19, s.20; 2011, c.16, s.16
Federal victim surcharges and victim fine surcharges deposited into the fund
18.1Money collected in New Brunswick from victim surcharges paid under the Criminal Code (Canada) or victim fine surcharges paid under the Youth Criminal Justice Act (Canada) that is directed by the Lieutenant-Governor in Council to be paid into the fund under section 737 of the Criminal Code (Canada) or section 53 of the Youth Criminal Justice Act (Canada), as the case may be, shall be deposited into the fund.
2005, c.19, s.21
Donations deposited into the fund
18.2Money donated through the criminal justice process for the purpose of assisting victims of crime shall be deposited into the fund.
2005, c.19, s.21
Money credited to fund
19Money from any person or source made payable to the fund shall be credited to the fund and money received that is subject to trust conditions shall be disbursed pursuant to those conditions.
Administration of fund
20(1)Money that is received for or otherwise credited to the fund shall be deposited with the Minister of Finance for the account of the fund.
20(2)The fund shall be administered by the Minister and shall be held in trust for the purposes of this Act in a separate account in the Consolidated Fund.
1988, c.11, s.29; 2000, c.26, s.279; 2005, c.19, s.22
Fiscal year of fund
21The fiscal year of the fund shall be the twelve month period ending on the thirty-first day of March in any year.
Application for grant
22(1)A person, organization or institution may submit to the Minister an application for a grant from the fund for the provision and funding of research and services relating to victims of crime.
22(2)An applicant for a grant from the fund under subsection (1) or a recipient of such grant shall submit such reports, contracts, documents or information related to the application or the receipt of the grant as the Minister considers appropriate.
2005, c.19, s.23
Repealed
23Repealed: 1996, c.36, s.1
1996, c.36, s.1
Expenditures
24Subject to any trust conditions under which money is received into the fund, the Minister, or a person designated by him, may authorize expenditures from the fund for
(a) promotion and delivery of victims services,
(a.1) financial compensation for victims of crime,
(b) research into victims services, needs and concerns,
(c) distribution of information respecting victims services, needs and concerns, and
(d) Repealed: 2005, c.19, s.24
(e) any other purpose the Minister considers necessary for carrying out the purposes and promoting the principles set out in this Act.
2005, c.19, s.24
GENERAL
Rights not created under Act
25This Act does not create any civil cause of action, right to damages or any right of appeal on behalf of any person.
Regulations
26(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 1990, c.14, s.2
(b) respecting the amount of a surcharge for the purpose of subsection 18(2);
(c) respecting financial compensation for victims of crime including, without limiting the generality of the foregoing,
(i) the information to be provided in respect of an application for financial compensation;
(ii) the eligibility requirements for financial compensation;
(iii) the offences in respect of which financial compensation may be paid;
(iv) the amount of financial compensation that may be paid;
(v) the eligible expenses in respect of which financial compensation may be paid;
(vi) the taking into account of contributory behaviour when determining eligibility for financial compensation;
(vii) the period within which an application for financial compensation may be made;
(viii) an appeal to the Minister in respect of the eligibility of an applicant for financial compensation and the amount of financial compensation to be paid;
(d) defining any word or expression used in this Act but not defined in this Act for the purposes of this Act, the regulations or both;
(e) generally for carrying out the purposes of this Act.
26(2)A regulation under paragraph (1)(c) and (d) may be retroactive to any date, including a date before the commencement of this section.
1990, c.14, s.2; 1996, c.36, s.3; 2005, c.19, s.25
Commencement
27This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. Sections 1-7, 17, 19-21 and 23-26 of this Act were proclaimed and came into force May 1, 1989.
N.B. Sections 8-10, 11(1), (2), 12-16 and 18 of this Act were proclaimed and came into force April 29, 1991.
N.B. Section 22 of this Act was proclaimed and came into force June 1, 2007.
N.B. This Act is consolidated to June 21, 2013.