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B.C. Reg. 161/2002
O.C. 519/2002
Deposited June 27, 2002
effective June 30, 2002
This consolidation is current to December 4, 2018.
Link to consolidated regulation (PDF)
Link to Point in Time

Crime Victim Assistance Act

Crime Victim Assistance (General) Regulation

[includes amendments up to B.C. Reg. 226/2017, December 12, 2017]

Contents
Part 1 — Definitions, Prescribed Terms, Prescribed Offences and  Prescribed Categories of Benefits
1Definitions
2Health professionals prescribed
3Awarding of benefits
4Prescribed offences
5Prescribed categories of benefits
6Application for benefits
Part 2 — Victim's Benefits
7Medical services or expenses
8Dental services or expenses
9Prescription drug expenses
10Disability aids
11Counselling services or expenses
12Protective measures, services or expenses
13Repair or replacement of damaged or destroyed personal property
14Home modification, maintenance or moving expenses
15Vehicle modification or acquisition
16Homemaker, childcare and personal care
17Maintenance for a child born as a result of a prescribed offence
18Transportation and related expenses
19Crime scene cleaning expenses
Part 3 — Immediate Family Member's Benefits
20Counselling services or expenses
21Prescription drug expenses
22Funeral expenses
23Transportation and related expenses, and child care expenses
24Loss of parental guidance for a minor child
25Bereavement leave
26Crime scene cleaning expenses
27Childcare services or expenses
28Homemaker services or expenses
Part 4 — Witness Benefits
29Counselling services or expenses
30Prescription drug expenses
31Transportation and related expenses and child care expenses
32Crime scene cleaning expenses
Part 5 — Modifications to Compensation Awarded under the Former Act
33Application and definitions
34New benefits if compensation awarded under the former Act
35Counselling benefits
36Ineligible benefits
Schedule 1
Schedule 2

Part 1 — Definitions, Prescribed Terms, Prescribed Offences and  Prescribed Categories of Benefits

Definitions

1   In this regulation:

"Act" means the Crime Victim Assistance Act;

"economically reasonable" means the most economical alternative that is appropriate in the circumstances;

"eligible offence" means a prescribed offence and includes, in the case of a victim or an immediate family member of a victim, an event that is described in section 3 (1) (a) (ii) of the Act;

"legal proceedings" means the following legal proceedings related to an eligible offence:

(a) a preliminary inquiry;

(b) a trial;

(c) a sentence hearing or review;

(d) an appeal hearing;

(e) a parole hearing;

(f) a hearing of the review board established for British Columbia under section 672.38 of the Criminal Code;

(g) an investigation or inquest conducted under the Coroners Act,

but does not include civil proceedings;

"prescribed offence" means an offence set out in Schedule 1.

[am. B.C. Reg. 226/2017, s. 1.]

Health professionals prescribed

2   The following persons are prescribed as health professionals for the purposes of the Act and this regulation:

(a) Repealed. [B.C. Reg. 420/2008, App. s. 1.]

(b) Repealed. [B.C. Reg. 421/2008, App. s. 1.]

(c) Repealed. [B.C. Reg. 422/2008, App. s. 1.]

(d) Repealed. [B.C. Reg. 169/2010, App. s. 1 (a).]

(e) Repealed. [B.C. Reg. 232/2005, App. s. 1.]

(f) an emergency medical assistant licensed under the Emergency Health Services Act;

(g) a person entitled to practise as any of the following under the Health Professions Act:

(i) chiropractor;

(i.1) dental hygienist;

(ii) dental technician;

(ii.1) dentist;

(iii) denturist;

(iv) licensed practical nurse;

(v) massage therapist;

(vi) naturopathic physician;

(vii) occupational therapist;

(viii) optician;

(viii.1) optometrist;

(ix) physical therapist;

(ix.1) podiatrist;

(x) psychologist;

(x.1) registered nurse;

(xi) registered psychiatric nurse;

(xii) traditional Chinese medicine practitioner;

(xiii) acupuncturist.

[am. B.C. Regs. 232/2005, App. s. 1; 420/2008, App., s. 1; 421/2008, App. s. 1; 422/2008, App. s. 1; 169/2010, App. s. 1; 145/2013, App. 2, s. 1.]

Awarding of benefits

3   The director may award a benefit by

(a) paying the person who has provided or is providing the benefit to a victim, immediate family member or witness, as the case may be,

(b) reimbursing the victim, immediate family member or witness for expenses incurred by the victim, immediate family member or witness, as the case may be, in acquiring the benefit, if that expenditure is supported by evidence satisfactory to the director, or

(c) directly providing the victim, immediate family member or witness with the benefit.

Prescribed offences

4   The offences under the Criminal Code listed in Schedule 1 are prescribed offences for the purpose of section 3 (1) (a) (i) of the Act.

Prescribed categories of benefits

5   (1) Crime scene cleaning is prescribed as an additional category of benefit under section 4 (1) (o), 4 (2) (i) and 4 (3) (d) of the Act.

(2) The following are prescribed as additional categories of benefit under section 4 (2) (i) of the Act:

(a) childcare services or expenses;

(b) homemaker services or expenses.

(3) Childcare services or expenses is prescribed as an additional category of benefit under section 4 (3) (d) of the Act.

Application for benefits

6   An application for benefits made under section 3 (1) of the Act must be in writing and in a form satisfactory to the director.

Part 2 — Victim's Benefits

Medical services or expenses

7   (1) The director may award only the following types of benefits in the category of benefits described as medical services or expenses in section 4 (1) (a) of the Act:

(a) diagnosis, treatment and care by a medical practitioner;

(b) assessment, treatment and care by a health professional;

(c) assessment, treatment and care by a person satisfactory to the director;

(d) ambulance or emergency transportation;

(e) health care services provided by or at a facility or institution satisfactory to the director;

(f) equipment, devices, aids and supplies directly related to the diagnosis, assessment, treatment and care described in this subsection;

(g) expenses directly related to diagnostic tools, tests and analysis respecting the diagnosis, assessment, treatment or care described in this section.

(2) The director may award a victim a benefit referred to in subsection (1), only if the director is satisfied that the benefit is necessary and reasonable and the cost of the providing the benefit is economically reasonable.

(3) If, as a result of a victim's injury from an eligible offence, the victim obtains medical services or prescription drugs outside of British Columbia, the maximum amount that the director may pay for

(a) a type of medical service funded under the Medicare Protection Act is the amount payable under that Act for that type of medical service,

(b) a type of medical service funded under the Hospital Insurance Act is the amount payable under that Act for that type of medical service, and

(c) a prescription drug that is funded under a drug plan established under the Drug Plans Regulation is the amount payable under that program for that type of prescription drug.

[am. B.C. Regs. 32/2012, Sch. 2, s. 1; 73/2015, App. 2.]

Dental services or expenses

8   (1) The director may award only the following types of benefits in the category of benefits described as dental services or expenses in section 4 (1) (a) of the Act:

(a) surgical or non-surgical dental diagnosis, assessment, treatment, or care by a dentist or health professional;

(b) design, construction, repair, alteration and fitting of a complete or partial denture, or dental appliances, equipment, aids, devices or supplies, by a dentist or health professional;

(c) expenses directly related to diagnostic tools and tests and analysis respecting the diagnosis, assessment, treatment, care or activity described in paragraphs (a) and (b).

(2) The director may award a victim a benefit referred to in subsection (1) only if the director is satisfied that the benefit is reasonable and necessary and the cost of providing the benefit is economically reasonable.

(3) In the case of a dental service referred to in subsection (1) that is performed by a dentist who is a general practitioner, the director may not pay more than the amount for that dental service set out in the "Fee guide for dental treatment services provided by general practitioners" published by the Association of Dental Surgeons of British Columbia and in effect at the time the dental service is provided.

(4) In the case of a dental service referred to in subsection (1) that is performed by a periodontist, the director may not pay more than the amount for that dental service set out in the "Specialist Fee Guide for Periodontics" published by the Association of Dental Surgeons of British Columbia and in effect at the time the dental service is provided.

Prescription drug expenses

9   Subject to section 7 (3), the director may award a victim a benefit referred to in section 4 (1) (b) of the Act only if

(a) the drugs are prescribed for the victim by a medical practitioner or a health professional authorized by law to prescribe those drugs, and

(b) the director is satisfied that the prescriptions drugs are necessary and reasonable and the cost of providing the benefit is economically reasonable.

Disability aids

10   (1) The director may award only the following types of benefits in the category of benefits described as disability aids in section 4 (1) (c) of the Act:

(a) mobility aids;

(b) communication aids;

(c) vision aids;

(d) specialized clothing to accommodate the disability of the victim;

(e) prostheses and orthoses;

(f) equipment, devices, appliances and supplies;

(g) fittings, repairs, replacement and adjustment to the types of disability aids referred to in paragraphs (a) to (f).

(2) The director may award a victim a benefit referred to in subsection (1) only if the director is satisfied that the benefit

(a) is reasonable and necessary to alleviate the effects of the injury from the eligible offence, help improve the quality of life of a victim and assist the victim in the activities of daily living, and

(b) is economically reasonable.

Counselling services or expenses

11   (1) Subject to this section, the director may award a victim a benefit in the category of benefits described as counselling services and expenses in section 4 (1) (d) of the Act only if the director is satisfied that the counselling services or expenses are reasonable and necessary to assist the victim in his or her recovery from the psychological injury that resulted from an eligible offence.

(2) A benefit referred to in subsection (1) does not include the following:

(a) stress management courses, self-improvement seminars or self-help books, tapes, audio or video displays or other similar materials;

(b) counselling provided by a counsellor who does not have professional liability insurance that is satisfactory to the director;

(c) counselling provided by a counsellor who has failed to provide to the director a criminal record check that is satisfactory to the director.

(3) The director may award a victim one or both of the following:

(a) up to 48 one hour counselling sessions;

(b) up to 24 one hour counselling sessions to be used subject to subsection (3.1).

(3.1) Counselling sessions awarded under subsection (3) (b) may be used only as follows:

(a) the sessions may be used only in relation to a legal proceeding conducted in respect of an eligible offence, unless the director is satisfied that the legal proceeding is sufficiently similar or related to an eligible offence that counselling sessions are reasonable and necessary in the circumstances;

(b) the sessions may be awarded in respect of, and used only during, the period that

(i) begins on the date that the legal proceeding is commenced, and

(ii) ends on the date that is 18 months after that legal proceeding is concluded or terminated;

(c) the sessions may be used in relation to more than one legal proceeding only

(i) if each legal proceeding relates to the same eligible offence or the same similar or related proceeding, and

(ii) until the number of counselling sessions awarded is reached.

(3.2) For greater certainty,

(a) counselling sessions may be awarded under subsection (3) (b) whether or not the victim attends any of the legal proceedings,

(b) the director may determine when a legal proceeding commences, concludes or terminates, and

(c) if subsection (3.1) (c) applies, the period described in subsection (3.1) (b) applies in respect of each legal proceeding.

(4) If the victim was under 19 years old when he or she was injured as a result of an eligible offence, the director may award more counselling sessions to the victim than the number of sessions permitted under subsection (3) (a) if the director is satisfied that continued counselling is reasonable and necessary.

(5) For the purposes of subsection (6), "counselling sessions" means 4 one hour counselling sessions that

(a) aid a person in understanding the impact of the commission of the eligible offence on a victim, and

(b) discuss the methods of supporting a victim and helping a victim recover from this psychological injury.

(6) If the director considers that a victim may need help in developing or implementing a treatment plan to aid the victim in his or her recovery from the psychological injury caused by an eligible offence, the director may provide a benefit to a victim by paying for counselling sessions for a person who is willing and able to participate in the development or implementation of the treatment plan with the victim.

(7) The director may not pay, for a counselling session awarded under this section, more than the amount set out in Column 2 of Schedule 2 for that type of counselling session.

[am. B.C. Reg. 226/2017, s. 2.]

Protective measures, services or expenses

12   (1) The director may award only the following types of benefits in the category of benefits described as protective measures, services or expenses in section 4 (1) (f) of the Act:

(a) the acquisition, rental, installation and maintenance of

(i) security devices, equipment and services, and

(ii) communication devices, equipment and services;

(b) courses for personal protection or security;

(c) one or more of the following relocation expenses:

(i) a relocation allowance of an amount determined under subsection (4);

(ii) actual moving expenses for the victim, his or her dependent children who reside with the victim and his or her household goods;

(iii) rental security deposit;

(iv) connection fees for telephone and utilities.

(2) The director may award a victim a benefit referred to in subsection (1) (a) or (b) if the director is satisfied

(a) that the benefit is reasonable and necessary,

(b) that

(i) there continues to be a real and substantial risk that the victim is likely to be harmed by the perpetrator or associates of the perpetrator of the eligible offence that caused the victim's injury, or

(ii) the victim is so psychologically traumatized as a result of the eligible offence that the benefit is needed for his or her recovery, and

(c) that the provision of the benefit is economically reasonable.

(3) The director may award a victim a benefit referred to in subsection (1) (c) if the director is satisfied that

(a) the benefit is reasonable and necessary,

(b) the benefits under subsection (1) (a) and (b) are not adequate in the circumstances,

(c) either of the following applies:

(i) there continues to be a real and substantial risk that the victim is likely to be harmed by the perpetrator or associates of the perpetrator of the eligible offence that caused the victim's injury, or

(ii) the victim is so psychologically traumatized as a result of the eligible offence that the benefit is needed for his or her recovery, and

(d) the provision of the benefit is economically reasonable.

(4) A relocation allowance payable under subsection (1) is a weekly allowance that

(a) is paid for the period that the victim is unemployed following the relocation of the victim, up to a maximum period of 3 months, and

(b) equals the product of 40 times the higher hourly minimum wage established under the Employment Standards Act.

(5) The director may not award a victim benefits referred to in subsection (1) (a) and (b) with a value that in total exceeds $3 000.

(6) The director may not award a victim benefits referred to in subsection (1) (c) with a value that in total exceeds $7 000.

Repair or replacement of damaged or destroyed personal property

13   (1) The director may award only the following types of benefits in the category of benefits described as repair or replacement of damaged or destroyed personal property in section 4 (1) (g):

(a) repair or replacement of eye glass frames;

(b) replacement of eye glass lenses or contact lenses with lenses of a comparable kind and quality;

(c) repair of a disability aid referred to in section 10 (1) (a), (d), (e) or (f) or if repair of that disability aid is not, in the opinion of the director possible, replacement of that disability aid with a disability aid of a comparable kind and quality;

(d) repair of clothing, other than clothing referred to in section 10 (1) (d), or if the clothing is not, in the opinion of the director, reasonably able to be repaired, replacement of the clothing with clothing of a comparable kind and quality.

(2) The director may not award a victim a benefit referred to in subsection (1) (a) or (d) with a value that exceeds $150.

Home modification, maintenance or moving expenses

14   (1) The director may award a benefit in the category of benefits described in section 4 (1) (h) of the Act as home modification, maintenance or moving expenses to a victim on the conditions and subject to the limitations set out in this section.

(2) The director may award home modification expenses to a victim if the director is satisfied that

(a) the victim is disabled as a result of an eligible offence, and

(b) the modifications to the victim's residence or the victim's proposed residence are reasonable and necessary to assist the victim in his or her daily activities.

(3) The director may award a victim a monthly sum that does not exceed $100 per month for home maintenance expenses, if the director is satisfied that

(a) the victim is disabled as a result of an eligible offence,

(b) the victim is unable to maintain and repair his or her residence or the land surrounding the residence, if any, due to the victim's disability, and

(c) no other person in the victim's household is reasonably able to do this work.

(4) The director may pay a victim's moving expenses, up to a maximum of $2 000, if

(a) the victim has a long term disability as a result of an eligible offence,

(b) the victim is not able to reside in his or her residence unless modifications are made to the residence, and

(c) the director is satisfied that the residence in which the victim resides or will reside

(i) is not reasonably able to be modified, or

(ii) is not able to be modified at a reasonable cost.

(5) A victim described in subsection (4) may be awarded a benefit only once.

Vehicle modification or acquisition

15   (1) The director may award a benefit in the category of benefits described as vehicle modification or acquisition in section 4 (1) (i) of the Act to a victim only if the director is satisfied that

(a) the victim has a long term disability as a result of an eligible offence,

(b) a motor vehicle needs to be acquired or modified so that the victim is able to operate or use the motor vehicle, and

(c) the benefit is reasonable and necessary to provide greater independence to the victim.

(2) A victim who receives a benefit under subsection (1) is not eligible for the benefits referred to in section 18.

(3) A victim may be awarded a benefit referred to in subsection (1) only once.

Homemaker, childcare and personal care

16   (1) In this section:

"childcare services or expenses" means services provided or expenses incurred to care for an immediate family member of the victim, if that immediate family member is a minor child of the victim or a child of the victim who, due to a disability, is unable to live independently from the victim;

"homemaker services or expenses" means services provided or expenses incurred to assist a person with shopping, cleaning, cooking and other household tasks;

"personal care services or expenses" means services provided and expenses incurred to assist a person with bathing, dressing, toileting and other daily tasks related to personal care.

(2) The director may award only the following types of benefits in the category of benefits described as homemaker, childcare or personal care services or expenses in section 4 (1) (j) of the Act:

(a) childcare services or expenses;

(b) homemaker services or expenses;

(c) personal care services or expenses.

(3) Subject to subsection (4), the director may award a victim childcare services or expenses only if

(a) the victim has a disability as a result of an eligible offence,

(b) the victim is unable to perform some or all of the childcare services due to the victim's disability and the victim performed some or all of the childcare services before the eligible offence,

(c) no other person in the victim's household is reasonably able to perform these childcare services, and

(d) the director is satisfied that the benefit is reasonable and necessary.

(4) The director may award a victim childcare services or expenses if

(a) the director is awarding the victim transportation and related expenses under section 18 (4),

(b) no other person in the victim's household is reasonably able to perform the childcare services necessary for the victim to be able to receive one or more of the benefits referred to in section 18 (4), and

(c) the director is satisfied that the benefit is reasonable and necessary for the victim to be able to receive one or more of the benefits referred to in section 18 (4).

(5) The director may not award a victim more than $800 per month for childcare services.

(6) The director may award a victim homemaker services or expenses only if

(a) the victim is suffering from a disability as a result of an eligible offence,

(b) the victim is unable to perform homemaker tasks due to the victim's disability and performed some or all of those tasks before the injury,

(c) no other person in the victim's household is reasonably able to perform these homecare tasks, and

(d) the director is satisfied that the benefit is reasonable and necessary.

(7) The director may not award a victim more than $400 per month for homemaker services.

(8) The director may award a victim personal care services or expenses only if

(a) the victim is suffering from a disability as a result of an eligible offence,

(b) the victim is unable to perform one or more personal care services due to the victim's disability, and

(c) the director is satisfied that the personal care services or expenses are reasonable and necessary to assist the victim in daily living and to help the victim retain his or her independence.

(9) The director may not award a victim more than $1 600 per month for personal care services.

Maintenance for a child born as a result of a prescribed offence

17   (1) The director may award a victim a benefit described as maintenance payments for a child born as a result of a prescribed offence as in section 4 (1) (k) of the Act in the amount set out under subsection (2) and for the period set out in subsection (3) if the director is satisfied that

(a) the child is born as a result of a prescribed offence, and

(b) the child either resides with the victim or the child resides with someone other than the victim but the victim financially supports the child.

(2) For the purposes of subsection (1), the director may pay a victim

(a) $300 per month for each month that the child resides with the victim at least 50% of the time, and

(b) for each month that the child resides with a person other than the victim at least 50% of the time and the victim provides child support to that person for the month, the lesser of

(i) $300 for each month that the child resides with the other person, and

(ii) the amount of child support that the victim pays the person with whom the child resides.

(3) For the purposes of subsection (1), the director may pay a victim

(a) subject to paragraphs (b) and (c), for the period that the child is under 19 years of age,

(b) if the child is attending an educational institution full time, for the period that the child is under 23 years of age, and

(c) if the child, due to a disability, is unable to live independently, for the period that the victim financially supports the child.

Transportation and related expenses

18   (1) In this section, "related expenses" means the cost of meals and accommodation that are incurred by a victim as part of transportation undertaken by the victim.

(2) The director may award to a victim a benefit described as transportation and related expenses in section 4 (1) (n) of the Act on the conditions and subject to the limitations set out in this section.

(3) The director may award $200 per month to a victim for transportation and related expenses if the director is satisfied that

(a) the victim has a long term disability as a result of an eligible offence and is unable to operate a motor vehicle or to use public transportation as a result of this disability, and

(b) the transportation expenses are reasonable and necessary to provide greater independence to the victim.

(4) The director may award a benefit referred to in subsection (2) to a victim if the director is satisfied that the service or expense is reasonable and necessary for the victim to be able to receive one or more of the following benefits awarded to the victim under the Act:

(a) medical services;

(b) dental services;

(c) counselling services;

(d) vocational services.

(5) Despite subsection (3), a victim is not eligible to receive both the benefit described in subsection (3) and the benefit described in section 15.

(6) The director may pay a victim for transportation and related expenses at the same rate as that set for group I public service employees under the Financial Administration Procedures Manual, published by the Ministry of Finance, that is in effect at the time the expense is incurred.

Crime scene cleaning expenses

19   (1) The director may award a victim the benefit of crime scene cleaning expenses only if the director is satisfied that

(a) the eligible offence occurred at the victim's residence or in a motor vehicle owned or leased by the victim,

(b) exceptional and specialized cleaning is required, and

(c) the expense is reasonable and necessary.

(2) The director may not award a victim a benefit referred to in subsection (1) with a value that exceeds $2 500.

Part 3 — Immediate Family Member's Benefits

Counselling services or expenses

20   (1) Subject to this section, the director may award an immediate family member a benefit in the category of benefits described as counselling benefits or expenses in section 4 (2) (a) of the Act only if the director is satisfied that the counselling services or expenses are reasonable and necessary to assist the immediate family member in his or her recovery from the psychological injury that resulted from an eligible offence.

(2) A benefit referred to in subsection (1) does not include the following:

(a) stress management courses, self-improvement seminars or self-help books, tapes, audio or video displays or other similar materials,

(b) counselling provided by a counsellor who does not have professional liability insurance that is satisfactory to the director,

(c) counselling provided by a counsellor who has failed to provide to the director a criminal record check that is satisfactory to the director.

(3) The director may award an immediate family member one or both of the following:

(a) up to 36 one hour counselling sessions;

(b) up to 18 one hour counselling sessions to be used subject to subsection (3.1).

(3.1) Counselling sessions awarded under subsection (3) (b) may be used only as follows:

(a) the sessions may be used only in relation to a legal proceeding conducted in respect of an eligible offence, unless the director is satisfied that the legal proceeding is sufficiently similar or related to an eligible offence that counselling sessions are reasonable and necessary in the circumstances;

(b) the sessions may be awarded in respect of, and used only during, the period that

(i) begins on the date that the legal proceeding is commenced, and

(ii) ends on the date that is 18 months after that legal proceeding is concluded or terminated;

(c) the sessions may be used in relation to more than one legal proceeding only

(i) if each legal proceeding relates to the same eligible offence or the same similar or related proceeding, and

(ii) until the number of counselling sessions awarded is reached.

(3.2) For greater certainty,

(a) counselling sessions may be awarded under subsection (3) (b) whether or not the immediate family member attends any of the legal proceedings,

(b) the director may determine when a legal proceeding commences, concludes or terminates, and

(c) if subsection (3.1) (c) applies, the period described in subsection (3.1) (b) applies in respect of each legal proceeding.

(4) If the immediate family member was under 19 years old when the eligible offence that resulted in the death or injury of the victim occurred, the director may award more counselling sessions to the immediate family member than the number of sessions permitted under subsection (3) (a) if the director is satisfied that continued counselling is reasonable and necessary.

(5) The director may not pay more than the amount set out in Column 2 of Schedule 2 for the type of counselling session that an immediate family member attends.

[am. B.C. Reg. 226/2017, s. 3.]

Prescription drug expenses

21   (1) The director may award an immediate family member a benefit referred to in section 4 (2) (b) of the Act only if

(a) the drugs are prescribed for the immediate family member by a medical practitioner or a health professional authorized by law to prescribe those drugs,

(b) the drugs are prescribed as a result of the psychological harm caused to the immediate family member by the victim's death or injury, and

(c) the director is satisfied that the prescriptions drugs are necessary and reasonable and the cost of providing the benefit is economically reasonable.

(2) For the purposes of subsection (1), the director may not pay an amount for prescription drugs that an immediate family member obtains outside of British Columbia that is more than the amount payable under a drug plan established under the Drug Plans Regulation for that type of prescription drug.

[am. B.C. Regs. 32/2012, Sch. 2, s. 2; 73/2015, App. 2.]

Funeral expenses

22   (1) The director may award an immediate family member a benefit referred to as a funeral expense in section 4 (2) (d) of the Act only if

(a) the director is satisfied that the funeral expenses are reasonable and necessary, and

(b) the expenses are related to a funeral service, burial, cremation or related ceremonies.

(2) The director may not award more than $5 000 under this section with respect to the death of a victim.

Transportation and related expenses, and child care expenses

23   (1) In this section, "related expenses" means the cost of meals and accommodation that are incurred by an immediate family member as part of transportation undertaken by the immediate family member.

(2) The director may award an immediate family member a benefit described as transportation and related expenses in section 4 (2) (f) of the Act on the conditions and subject to the limitations set out in this section.

(3) The director may award an immediate family member transportation and related expenses if the director is satisfied that the transportation and related expenses are reasonable and necessary for the immediate family member

(a) to attend legal proceedings related to the eligible offence that resulted in the death of the victim, or

(b) to access the counselling benefits referred to in section 20 or vocational services referred to in the Crime Victim Assistance (Income Support and Vocational Services or Expenses Benefits) Regulation.

(4) The director may not award a benefit under subsection (3) (a) if

(a) the immediate family member is required to attend the legal proceedings in accordance with a subpoena, or

(b) the legal proceedings take place within 100 km of the immediate family member's residence.

(5) The total amount that the director may award under subsection (3) (a) with respect to all legal proceedings related to the death of a victim must not exceed $3 000.

(6) The director may pay an immediate family member for transportation and related expenses at the same rate as that set for group I public service employees under the Financial Administration Procedures Manual, published by the Ministry of Finance, that is in effect at the time the expense is incurred.

(7) The director may award an immediate family member childcare services or expenses if

(a) the director is awarding the immediate family member transportation and related expenses referred to in this section,

(b) no other person in the immediate family member's household is reasonably able to perform the childcare services necessary for the immediate family member

(i) to be able to attend legal proceedings,

(ii) to receive the counselling benefits referred to in section 20, or

(iii) vocational services benefits referred to in the Crime Victim Assistance (Income Support and Vocational Services or Expenses Benefits) Regulation, and

(c) the director is satisfied that the benefit is reasonable and necessary for the victim

(i) to be able to attend legal proceedings, or

(ii) to receive the counselling benefits referred to in section 20, or vocational services benefits referred to in the Crime Victim Assistance (Income Support and Vocational Services or Expenses Benefits) Regulation.

Loss of parental guidance for a minor child

24   (1) The director may award $3 000 under section 4 (2) (g) of the Act to an immediate family member who

(a) is a child of a parent who dies as a result of an eligible offence, and

(b) is under 19 years of age when his or her parent died as a result of an eligible offence.

(2) If more than one parent of a child described in subsection (1) dies as the result of an eligible offence, $3 000 may be awarded for each parent under section 4 (2) (g) of the Act.

Bereavement leave

25   (1) The director may award an immediate family member of a victim earnings lost due to bereavement leave referred to in section 4 (2) (h) of the Act only if

(a) the immediate family member's absence from work occurs within 2 weeks of the death of the victim, and

(b) the director is satisfied that the immediate family member suffered loss of earnings due to the absence.

(2) An award under subsection (1) must equal the product of A, B and C where

A = the number of working days that the family member was absent from work, up to a maximum of 5 working days,

B = 8, and

C = the higher minimum hourly wage under the Employment Standards Act that is in effect at the time the award is made.

Crime scene cleaning expenses

26   (1) The director may award an immediate family member of a victim the benefit of crime scene cleaning expenses only if

(a) the victim's death resulted from an eligible offence, and

(b) the director is satisfied that

(i) the eligible offence occurred at the victim's or the immediate family member's residence or in a motor vehicle owned or leased by the victim or the immediate family member,

(ii) exceptional and specialized cleaning is required, and

(iii) the expense is reasonable and necessary.

(2) The maximum that the director may award under subsection (1) with respect to a victim's death is $2 500.

Childcare services or expenses

27   (1) The director may award an immediate family member of a victim the benefit of childcare services or expenses only if

(a) the person is a spouse who, at the time of the eligible offence, was married to the victim or living and cohabiting with the victim in a marriage-like relationship,

(b) the victim provided some or all of the childcare before his or her death,

(c) the childcare services are provided or the child care expenses are incurred during the 5 year period after victim's death, and

(d) the director is satisfied that the benefit is reasonable and necessary.

(2) The director may not award an immediate family member more than $800 per month for childcare services under this section.

Homemaker services or expenses

28   (1) The director may award an immediate family member the benefit of homemaker services or expenses only if

(a) the person is a spouse who, at the time of the eligible offence, was married to the victim or living and cohabiting with the victim in a marriage-like relationship,

(b) the victim provided some or all of the homemaker services before his or her death,

(c) the homemaker services are provided or the homemaker expenses are incurred during the 5 year period after the victim's death, and

(d) the director is satisfied that the benefit is reasonable and necessary.

(2) The director may not award an immediate family member more than $400 per month for homemaker services and expenses under this section.

Part 4 — Witness Benefits

Counselling services or expenses

29   (1) Subject to this section, the director may award a witness a benefit in the category of benefits described as counselling benefits or expenses in section 4 (3) (a) of the Act only if the director is satisfied that the counselling services or expenses are reasonable and necessary to assist the witness in his or her recovery from the psychological injury that resulted from an eligible offence.

(2) A benefit referred to in subsection (1) does not include the following:

(a) stress management courses, self-improvement seminars or self-help books, tapes, audio or video displays or other similar materials;

(b) counselling provided by a counsellor who does not have professional liability insurance that is satisfactory to the director;

(c) counselling provided by a counsellor who has failed to provide to the director a criminal record check that is satisfactory to the director.

(3) The director may award a witness one or both of the following:

(a) up to 12 one hour counselling sessions;

(b) up to 12 one hour counselling sessions to be used subject to subsection (3.1).

(3.1) Counselling sessions awarded under subsection (3) (b) may be used only as follows:

(a) the sessions may be used only in relation to a legal proceeding conducted in respect of an eligible offence, unless the director is satisfied that the legal proceeding is sufficiently similar or related to an eligible offence that counselling sessions are reasonable and necessary in the circumstances;

(b) the sessions may be awarded in respect of, and used only during, the period that

(i) begins on the date that the legal proceeding is commenced, and

(ii) ends on the date that is 18 months after that legal proceeding is concluded or terminated;

(c) the sessions may be used in relation to more than one legal proceeding only

(i) if each legal proceeding relates to the same eligible offence or the same similar or related proceeding, and

(ii) until the number of counselling sessions awarded is reached.

(3.2) For greater certainty,

(a) counselling sessions may be awarded under subsection (3) (b) whether or not the witness attends any of the legal proceedings,

(b) the director may determine when a legal proceeding commences, concludes or terminates, and

(c) if subsection (3.1) (c) applies, the period described in subsection (3.1) (b) applies in respect of each legal proceeding.

(4) If the witness was under 19 years old when the eligible offence that resulted in the death or injury of the victim occurred, the director may award more counselling sessions to the witness than the number of sessions permitted under subsection (3) (a) if the director is satisfied that continued counselling is reasonable and necessary.

(5) The director may not pay more than the amount set out in Column 2 of Schedule 2 for the type of counselling session that a witness attends.

[am. B.C. Reg. 226/2017, s. 4.]

Prescription drug expenses

30   (1) The director may award a witness a benefit referred to in section 4 (3) (b) of the Act only if

(a) the drugs are prescribed for the witness by a medical practitioner or a health professional authorized by law to prescribe those drugs,

(b) the drugs are prescribed as a result of the psychological harm caused to the witness by the victim's death or injury, and

(c) the director is satisfied that the prescriptions drugs are necessary and reasonable and the cost of providing the benefit is economically reasonable.

(2) For the purposes of subsection (1), the director may not pay an amount for prescription drugs that a victim obtains outside of British Columbia that is more than the amount payable under a drug plan established under the Drug Plans Regulation for that type of prescription drug.

[am. B.C. Regs. 32/2012, Sch. 2, s. 2; 73/2015, App. 2.]

Transportation and related expenses and child care expenses

31   (1) In this section, "related expenses" means the cost of meals and accommodation that are incurred by a witness as part of transportation undertaken by the witness.

(2) The director may award a witness a benefit described as transportation and related expenses in section 4 (3) (c) of the Act on the conditions and subject to the limitations set out in this section.

(3) The director may award a benefit referred to in subsection (2) to a witness if the director is satisfied that the transportation and related expenses are reasonable and necessary for the witness to be able to access counselling benefits referred to in section 29.

(4) The director may pay a witness for transportation and related expenses at the same rate as that set for group I public service employees under the Financial Administration Procedures Manual, published by the Ministry of Finance, that is in effect at the time the expense is incurred.

(5) The director may award a witness childcare services or expenses if

(a) the director is awarding the witness transportation and related expenses referred to in this section,

(b) no other person in the witness's household is reasonably able to perform the childcare services necessary for the witness to be able to receive the counselling benefits referred to in section 29, and

(c) the director is satisfied that the benefit is reasonable and necessary for the witness to be able to receive the counselling benefits referred to in section 29.

Crime scene cleaning expenses

32   (1) The director may award a witness of an eligible offence the benefit of crime scene cleaning expenses only if

(a) the victim's death resulted from an eligible offence, and

(b) the director is satisfied that

(i) the eligible offence occurred at the residence of the witness or in a motor vehicle owned or leased by the witness,

(ii) exceptional and specialized cleaning is required, and

(iii) the expense is reasonable and necessary.

(2) The maximum that the director may pay under subsection (1) with respect to a victim's death is $2 500.

Part 5 — Modifications to Compensation Awarded under the Former Act

Application and definitions

33   (1) In this Part, "former applicant" means an applicant under the former Act.

(2) This Part applies with respect to applications, applicants and compensation under an application made under the former Act, if the Act applies to the application.

New benefits if compensation awarded under the former Act

34   (1) For the purposes of this section and section 35, a former applicant's eligibility for a benefit awarded under these sections commences on the date of reassessment or the date of reconsideration under the Act, whichever is earlier.

(2) Subject to this section and section 35, if an item of compensation awarded under the former Act to a former applicant is being reassessed under section 12 of the Act or is being reconsidered under section 14 of the Act, the former applicant, effective on the reassessment or reconsideration, as the case may be,

(a) is no longer eligible for that item of compensation, and

(b) is eligible for an item of benefit that may be awarded under the Act for the same or a similar purpose as the item of compensation.

(3) Subsections (4) to (6) apply if

(a) compensation for an injury of a former applicant

(i) is awarded as a periodic payment under the former Act, and

(ii) is not awarded as the result of the death of a victim, and

(b) the awarding or the amount of the compensation is being reassessed under section 12 of the Act or being reconsidered under section 14 of the Act.

(4) If, on a reassessment or reconsideration under the Act, it is determined that the injury of a former applicant has worsened from the date when the amount of the periodic payment that is being reassessed or reconsidered was determined under the former Act, the applicant is eligible for a benefit that is the greater of

(a) the amount of the periodic payment he or she was receiving immediately before the reassessment or reconsideration, as the case may be, and

(b) the periodic payment that would be awarded under the Act, if the applicant had filed an application under the Act at the time of reassessment or reconsideration, as the case may be.

(5) If, on a reassessment or reconsideration under the Act, it is determined that the injury of a former applicant is unchanged from the date when the amount of the periodic payment that is being reassessed or reconsidered was determined under the former Act, the applicant is eligible for a benefit that equals the amount of the periodic payment he or she was receiving immediately before the reassessment or reconsideration, as the case may be.

(6) If, on a reassessment or reconsideration under the Act, it is determined that the injury of a former applicant is less severe than it was on the date when the amount of the periodic payment that is being reassessed or reconsidered was determined under the former Act, the applicant is eligible for a benefit that equals the amount of the periodic payment that would be awarded under the Act, if the applicant had filed an application under the Act at the time of reassessment or reconsideration, as the case may be.

(7) Subject to subsections (4) to (6), if compensation that is a deemed benefit under section 29 (6) of the Act is subject to certain conditions or limitations, the deemed benefit continues to be subject to those conditions and limitations, unless the compensation, conditions or limitations are terminated or modified under section 12 or 14 of the Act.

(8) If periodic payments awarded to a former applicant under section 3 (1) (b) (ii) of the former Act are reassessed under section 12 of the Act or reconsidered under section 14 of the Act, the former applicant is eligible to receive a benefit equal to the amount of, and subject to the terms and conditions for, the periodic payments that may be awarded under the former Act.

(9) For the purposes of subsection (8), the former Act means

(a) if the former Act is in effect at the time of the reassessment or reconsideration, the former Act as it is on that date, and

(b) if the former Act is not in effect at the time of the reassessment or reconsideration, the former Act as it was immediately before its repeal.

Counselling benefits

35   (1) Subject to this section, a former applicant may be awarded additional counselling sessions if the former applicant

(a) was awarded counselling under the former Act, and

(b) applies in a reassessment under section 12 of the Act or a reconsideration under section 14 of the Act for additional counselling sessions for the same injury.

(2) If a former applicant has received by the date of the reassessment or reconsideration, as the case may be, fewer than 36 counselling sessions under the former Act, the former applicant is eligible to be awarded a benefit of additional counselling sessions if the total number of counselling sessions provided under both Acts does not exceed 48 counselling sessions.

(3) If a former applicant has received by the date of the reassessment or the reconsideration, as the case may be, 36 or more counselling sessions but fewer than 60 counselling sessions under the former Act, the former applicant is eligible to be awarded a benefit of additional counselling sessions if the total number of counselling sessions provided under both Acts does not exceed 60 counselling sessions.

(4) If a former applicant has received by the date of the reassessment or the reconsideration, as the case may be, 60 or more counselling sessions under the former Act, the former applicant is eligible to be awarded a benefit of up to 12 additional counselling sessions.

(5) A maximum number of counselling sessions that may be awarded under another section of this regulation does not apply in the circumstances described in this section.

Ineligible benefits

36   (1) If a former applicant was awarded compensation for pain and suffering under section 2 (4) (f) of the former Act, the former applicant may not receive the following benefits with respect to the injury for which he or she was awarded pain and suffering under the former Act:

(a) protective measures, services and expenses under section 4 (1) (f) of the Act;

(b) lost earning capacity under section 4 (1) (m) of the Act;

(c) transportation and related expenses under section 4 (1) (n) of the Act, if those expenses are related to attending legal proceedings;

(d) maintenance of a child born as a result of a prescribed offence under section 4 (1) (k) of the Act;

(e) vocational services and expenses under section 4 (1) (e) of the Act, if the former applicant was unemployed at the time of his or her injury for which compensation was awarded.

(2) If a former applicant was awarded compensation under section 2 (4) (d) of the former Act, the former applicant may not receive a benefit under section 4 (1) (k) of the Act for the same injury.

(3) If a former applicant was awarded compensation for loss of love, guidance and affection under section 2 (4) of the former Act, the former applicant may not receive a benefit under section 4 (2) (g) of the Act with respect to the death for which he or she was awarded compensation under section 2 (4) (c) of the former Act.

Schedule 1

Prescribed Offences

Section of
Criminal Code
Description of Offence
64Riots
72Forcible entry
76Hijacking
77Endangering safety of aircraft or airport
78Offensive weapons and explosive substances
80Breach of duty (duty of care of explosives)
81Using explosives
85Using firearm in commission of offence
86Careless use of a firearm
87Pointing a firearm
151Sexual interference
152Invitation to sexual touching
153Sexual exploitation
153.1Sexual exploitation disabled person
155Incest
163.1Child pornography
170Parent or guardian procuring sexual activity
180Common nuisance
212Procuring
215Failure to provide necessaries
218Abandoning child
220Causing death by criminal negligence
221Causing bodily harm by criminal negligence
235Homicide
236Manslaughter
237Infanticide
238Killing unborn child in act of birth
239Attempt to commit murder
241Counselling or aiding suicide
244 and 244.1 Causing bodily harm with intent
245Administering noxious thing
246Overcoming resistance to commission of offence
247Traps likely to cause bodily harm or death
248Interfering with transportation facilities
249 (1) (b)Dangerous operation of vessel or towed object
249 (1) (c)Dangerous operation of aircraft
251Unseaworthy vessel or unsafe aircraft
253Impaired operation of vessel or aircraft
262Impeding attempt to save life
263Failure to safeguard opening in ice/excavation on land
264Criminal harassment (stalking)
264.1Uttering threats
266Assault
267Assault with a weapon or causing bodily harm
268Aggravated assault
269Unlawfully causing bodily harm
269.1Torture
270Assaulting a Peace Officer
271Sexual assault
272Sexual assault with a weapon, threats to a third party or causing bodily harm
273Aggravated sexual assault
273.3Removal of child from Canada
279 and 279.1  Kidnapping, forcible confinement, hostage taking
280Abduction of person under 16
281Abduction of person under 14
282Abduction in contravention of custody order
283Abduction
344Robbery
346Extortion
423Intimidation
430 (2)Mischief causing actual danger to life
433Arson
436Arson by negligence
437False alarm of fire

 

Schedule 2

Maximum Amount for Counselling Services

Column 1
Type of Counselling
Column 2
Maximum Hourly Rate
1
Individual counselling session provided by a counsellor who has the following education, training and experience:
 (a)Education and Training: high school graduation supplemented by completion of one or more relevant continuing education courses or training by an educational institution or agency approved by the director.
 (b)Experience: minimum of 6 years supervised counselling experience in a field related to counselling to be provided under the Act. Related fields include psychology, social work, criminology, child and youth care or psychiatric nursing.

$40
2
Individual counselling session provide by a counsellor who is not described in item 3, 4 or 5 of this Schedule and who has the following education, training and experience:
 (a)Education and Training: undergraduate degree or 2 year diploma in a field related to counselling to be provided under the Act. Related fields include psychology, social work, criminology, child and youth care or psychiatric nursing.
 (b)Experience:
  (i)for a person with an undergraduate degree, a minimum of 4 years supervised counselling experience in a field related to counselling to be provided under the Act;
  (ii)for a person with a 2 year diploma, a minimum of 5 years supervised counselling experience in a field related to counselling to be provided under the Act.
  Related fields include psychology, social work, criminology, child and youth care or psychiatric nursing.
  In paragraph (b) of this item, "supervised counselling experience" includes any time spent in a supervised clinical placement approved by a college or university, up to a maximum of 500 hours.

$60
3
An individual counselling session provided by a counsellor who is not described in item 4 or 5 of this Schedule and who has the following education, training and experience:
 (a)Education and Training: master's degree or doctorate in psychology, psychiatry, social work, clinical or counselling psychology or criminology.
 (b)Experience: A minimum of 6 months supervised counselling experience for a counsellor with a doctorate. A minimum of 2 years supervised counselling experience for a counsellor with a master's degree.
  In paragraph (b) of this item, "supervised counselling experience" includes any time spent in a supervised clinical placement approved by a college or university, up to a maximum of 800 hours.

$80
4An individual counselling session provided by a counsellor who is not described in item 5 of this Schedule and who is a member in good standing and approved for private practice by the B.C. Registered Social Workers Association or an equivalent association in another jurisdiction.$95
5An individual counselling session provided by a counsellor who is a member in good standing of the B.C. Registered Psychologists Association or an equivalent association in another jurisdiction.$105
6A group counselling session provided by a counsellor, irrespective of the education, training and experience of the counsellor.$15

[Provisions of the Crime Victim Assistance Act, S.B.C. 2001, c. 38, relevant to the enactment of this regulation: sections 3, 4, 9, 26 and 30]