Victims of Crime and Public Safety Act

VICTIMS OF CRIME AND PUBLIC SAFETY ACT Chapter V-3 Table of Contents 1 Definitions 2 Principles 3 Director 4 Information 5 Committee 6 Duties of the Committee 8 Surcharge 9 Fund 10 Use of Fund 12 Eligibility for financial benefits 12.1 Eligibility for funeral expense reimbursement 12.2 Application for supplemental benefit 12.3 Application for funeral expense reimbursement 12.4 Extension of time 13 Determining financial benefits 13.01 Determining funeral expense reimbursement 13.1 Information 15 Payments 15.1 Director’s decision 16 False statements 17 Regulations 18 Cause of action not created 19 Transitional –– payments 22 Criminal Injuries Review Board disestablished 24 Power to amend regulations 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with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) repealed 2001 c15 s2; (b) repealed 2010 c16 s1(50); (c) repealed 2002 cA‑4.5 s78; (c.1) repealed 2022 c12 s4; (d) “Committee” means the Victims of Crime and Public Safety Programs Committee established under section 5; (d.1) “contravention” means a contravention as defined in the Provincial Administrative Penalties Act ; (e) repealed 2011 c15 s2; (f) “Director” means the Director designated under section 3; (g) “enactment” means any Act, regulation, order or bylaw enacted in relation to any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 Victims of Crime Act , RSA 2000 cV‑3, as it existed immediately before this clause comes into force; (j) “Fund” means the Victims of Crime and Public Safety Fund continued under section 9(1); (k) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (k.1) “police service” means a police service as defined in the Police Act and includes any other police service prescribed in the regulations; (k.2) “public safety” means public safety in the context of criminal justice and proceedings under the Provincial Offences Procedure Act ; (k.3) repealed 2022 c12 s4; (l) “victim” means (i) with respect to financial benefits, a person who is injured as a direct result of an act or omission described in section 12(1), (i.1) with respect to a funeral expense reimbursement, a person who dies as a direct result of an act or an 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 or a contravention. RSA 2000 cV‑3 s1;2001 c15 s2;2002 cA‑4.5 s78;2010 c16 s1(50); 2011 c15 s2;2020 c18 s3;2020 cP‑30.8 s46;2022 c12 s4 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 receive benefits and reimbursements promptly in accordance with this Act and the regulations; (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 a police service . (3) Public safety should be protected and promoted through government collaboration and investment in priority programs and initiatives. RSA 2000 cV‑3 s2;2005 c20 s2;2011 c15 s3;2020 c18 s4;2022 c12 s4 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, (c.1) in accordance with section 13.01, evaluating applications for and making decisions respecting eligibility for funeral expense reimbursements, 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. RSA 2000 cV‑3 s3;2011 c15 s4;2022 c12 s4 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) The Victims of Crime Programs Committee is continued as the “Victims of Crime and Public Safety Programs Committee”. (1.1) The Committee is to consist 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 hold that office other than as employees of the Government may be paid remuneration and reasonable travelling and living expenses incurred while away from their ordinary places of residence in the course of their duties as members at rates prescribed by the Minister in accordance with any applicable regulations under the Alberta Public Agencies Governance Act . (4) If regulations under the Alberta Public Agencies Governance Act establish rates in respect of remuneration or expenses referred to in subsection (3), those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing a rate under that subsection. RSA 2000 cV‑3 s5;2009 cA‑31.5 s77;2020 c18 s5 Duties of the Committee 6 At the request of the Director, the Committee is to (a) evaluate applications for grants relating to programs or initiatives intended to assist or support victims of crime or to promote public safety, and provide recommendations to the Minister based on those evaluations, (b) provide information with respect to programs and services that assist or support victims or promote public safety, and (c) undertake other duties related to the administration of this Act. RSA 2000 cV‑3 s6;2011 c15 s5;2020 c18 s6;2022 c12 s4 7 and 7.1 Repealed 2022 c12 s4. Surcharge 8 (1) If a fine is imposed on a person who is convicted of an offence or who commits a contravention under an enactment, the person must pay a surcharge unless (a) the offence or the contravention is a contravention of a municipal bylaw or a Metis settlement bylaw, or (b) the offence or contravention 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 or on whom a fine has been imposed in respect of a contravention 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;2020 cP‑30.8 s46 Fund 9 (1) The Victims of Crime Fund is continued as the “Victims of Crime and Public Safety 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) money received as repayment of a financial benefit or reimbursement under this Act; (f) money received as repayment of a grant under this Act; (g) money received as repayment of financial benefits or a funeral expense reimbursement 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; (i) a percentage of money from fines collected in Alberta pursuant to the Youth Criminal Justice Act (Canada) and any regulations made under that Act for the purpose of providing assistance to victims. (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; 2011 c15 s8;2013 c5 s3;2020 c18 s8;2022 c12 s4 Use of Fund 10 The Minister may, in accordance with this Act and the regulations, make payments from the Fund with respect to the following: (a) grants relating to programs that assist or support victims of crime or promote public safety; (b) without limiting the generality of clause (a), grants relating to programs that provide counselling to children who are victims of sexual exploitation or other criminal offences causing physical or mental harm; (c) programs and initiatives that benefit or reimburse victims of crime or promote public safety; (d) costs incurred by the Committee in carrying out its duties under this Act; (e) remuneration and expenses payable to the members of the Committee; (f) financial benefits payable pursuant to sections 13 and 15; (g) funeral expense reimbursements payable pursuant to section 13.01; (h) the costs of administering this Act. RSA 2000 cV‑3 s10;2001 c15 s5;2006 c23 s81; 2011 c15 s9; 2013 cC‑12.5 s22;2020 c18 s9;2022 c12 s4 11 Repealed 2011 c15 s10. Eligibility for financial benefits 12 (1) A victim is (a) eligible for financial benefits in accordance with the regulations if the injury to the victim was the direct result of an act or omission that occurred in Alberta and that is one of the offences under the Criminal Code (Canada) specified in the regulations, and (b) not eligible for financial benefits if (i) the victim was convicted of a criminal offence arising from the events that resulted in the injury, or (ii) the offence was not reported to a police service within a reasonable period of time after the date the victim first knew or in the circumstances ought to have known that the offence occurred. (2) A victim is eligible for the following financial benefits only: (a) financial benefits applied for under section 12 of the former Act if, before the coming into force of this section, the Director has neither dismissed the application nor provided the applicant with a copy of the Director’s decision and reasons for decision under section 13 of the former Act; (b) a supplemental benefit for victims who suffer a severe neurological injury, as defined in the regulations; (c) a payment referred to in section 15. (d) repealed 2022 c12 s4. (3) Repealed 2022 c12 s4. RSA 2000 cV‑3 s12;2001 c15 s6;2002 cA‑4.5 s78;2011 c15 s11; 2020 c18 s10;2022 c12 s4 Eligibility for funeral expense reimbursement 12.1 The persons prescribed in the regulations may apply for a funeral expense reimbursement in respect of the death of a victim for the purposes of funeral costs and any other purposes prescribed in the regulations if the death of the victim was the direct result of an act or omission that occurred in Alberta and that is one of the offences under the Criminal Code (Canada) specified in the regulations. 2011 c15 s12;2022 c12 s4 Application for supplemental benefit 12.2 (1) An application may be made under section 12 (a) only in respect of a supplemental benefit referred to in section 12(2)(b), and (b) only if the offence was reported to a police service within a reasonable period of time after the offence occurred. (2) Except as provided in section 12.4, the application must be made within 2 years after the date on which the applicant first knew or in the circumstances ought to have known that the offence occurred. 2011 c15 s12;2013 c5 s4;2020 c18 s11 Application for funeral expense reimbursement 12.3 (1) An application under section 12.1 may be made only if the offence was reported to a police service within a reasonable period of time after the offence occurred. (2) Except as provided in section 12.4, the application must be made within 2 years after the date on which the applicant first knew or in the circumstances ought to have known that the offence occurred. 2011 c15 s12;2020 c18 s11 Extension of time 12.4 Despite sections 12.2(2) and 12.3(2), the Director may extend the period of time for making an application where the Director determines that there are compelling reasons to do so. 2011 c15 s12;2020 c18 s12 Determining financial benefits 13 (1) On receipt of an application under section 12.2 in respect of a supplemental benefit, 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) of the former Act (a) if the Director determines that the victim is not eligible under section 12, (b) if, in the opinion of the Director, the victim (i) did not fully cooperate with any investigation into the events that resulted in the injury 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, 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;2011 c15 s13; 2020 c18 s13 Determining funeral expense reimbursement 13.01 On receipt of an application for a funeral expense reimbursement, the Director must determine, in accordance with the regulations, whether the applicant is eligible for a funeral expense reimbursement and if so, the amount of the funeral expense reimbursement. 2011 c15 s14;2022 c12 s4 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 a benefit or reimbursement under this Act or the amount of that benefit or reimbursement. (2) The Director is authorized for the purposes of subsection (1) to collect and use information, including personal information, from (a) a police service relating to the event to which the benefit or reimbursement relates or to determine previous conduct of the victim, (b) a person who provided diagnostic services, treatment or care or other similar medical services to the victim, or (c) a public body as defined in the Protection of Privacy Act to determine or verify whether a person is eligible for a benefit or reimbursement under this Act. (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 a benefit or reimbursement under this Act. (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 a benefit or reimbursement under this Act or the amount of that benefit or reimbursement, 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, to do so would not be an unreasonable invasion of the applicant’s or victim’s personal privacy. 2001 c15 s7;2002 cA‑4.5 s78;2011 c15 s15;2020 c18 s14; 2022 c12 s4;AR 141/2025 14 and 14.01 Repealed 2022 c12 s4. 14.1 Repealed 2020 c18 s17. Payments 15 (1) In this section, “CIC Act” means the Criminal Injuries Compensation Act , RSA 1980 cC‑33. (2) Subject to subsection (3), if The Crimes Compensation Board under the CIC 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. (3) The Director may, in accordance with this Act, review and rescind, confirm or vary an order under the CIC 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 CIC Act, or (b) on the Director’s own initiative. (4) The Director may impose any terms and conditions that the Director considers appropriate on an order reviewed pursuant to subsection (3). (5) This Act and the regulations under this Act apply to reviews of orders made under the CIC Act. RSA 2000 cV‑3 s15;2001 c15 s9;2020 c18 s18 Director’s decision 15.1 After making a decision under section 13, 13.01 or 15, the Director must (a) provide the applicant with a copy of the decision and reasons for the decision, and (b) advise the applicant that the applicant may, within 30 days, apply for judicial review of the decision. 2001 c15 s10;2011 c15 s18;2013 c5 s7;2020 c18 s19;2022 c12 s4 False statements 16 (1) No person shall make a false or misleading statement in an application for a benefit, a reimbursement 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 benefit, reimbursement or grant paid to that person under this Act may be recovered by the Minister as a debt due to the Crown. RSA 2000 cV‑3 s16;2013 c5 s8;2020 c18 s20;2022 c12 s4 Regulations 17 The Lieutenant Governor in Council may make regulations (a) listing offences or contraventions 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; (b.1) prescribing police services for the purposes of this Act; (c) respecting payments under section 10; (d) respecting grants for programs under section 10 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; (g.1) governing the operation of a program or initiative referred to in section 10(c) for the benefit or reimbursement of victims of crime or the promotion of public safety; (h) specifying offences under the Criminal Code (Canada) for the purposes of section 12; (i) respecting applications for a supplemental benefit under section 12.2, including prescribing the persons who may apply for a supplemental benefit and the evaluation of those applications; (j) respecting the evaluation of applications for financial benefits applied for under section 12 of the former Act; (k) describing conduct for which and providing for amounts by which financial benefits are to be reduced for the purposes of section 13(4); (l) respecting the classes of injury, damages and expenses with respect to which financial benefits are payable; (m) 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; (n) respecting other reasons for which the Director may dismiss an application for financial benefits; (o) specifying offences under the Criminal Code (Canada) for the purposes of section 12.1; (p) respecting applications for a funeral expense reimbursement under section 12.1, including prescribing the persons who may apply for a funeral expense reimbursement, the time period within which an application for a funeral expense reimbursement must be made and the evaluation of those applications; (q) prescribing the amount of a funeral expense reimbursement and the purposes for which a funeral expense reimbursement may be used; (r) respecting terms and conditions to be imposed on the payment of a benefit or reimbursement and how and when the payments of a benefit or reimbursement are to be made. (s), (t) repealed 2022 c12 s4. RSA 2000 cV‑3 s17;2001 c15 s11;2011 c15 s19;2013 c5 s9; 2020 c18 s21;2020 cP‑30.8 s46;2022 c12 s4 Cause of action not created 18 Subject to section 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. RSA 2000 cV-3 s18;2022 c12 s4 Transitional — payments 19 Any repayment to the Crown made after the coming into force of this Act for compensation paid pursuant to any of the following Acts is to be paid into the General Revenue Fund: (a) the former Act; (b) the Victims of Crime Act , SA 1996 cV‑3.3; (c) the Criminal Injuries Compensation Act , RSA 1970 c75. 1996 cV‑3.3 s19;2020 c18 s22 20 and 21 Repealed 2022 c12 s4. Criminal Injuries Review Board disestablished 22 The Criminal Injuries Review Board is disestablished, effective on the date this section comes into force. 2020 c18 s25;2022 c12 s4 23 Repealed 2022 c12 s4. Power to amend regulations 24 (1) Where multiple regulations are to be enacted or amended at the same time for the purposes of consistency with or the implementation of this Act, the Lieutenant Governor in Council may enact or amend those regulations notwithstanding that one or more of the regulations was made by a member of the Executive Council. (2) Nothing in this section authorizes an amendment to a regulation that would not have been authorized by the Act under which the regulation was made. 2020 c18 s25