Profits of Criminal Notoriety Regulation

Profits of Criminal Notoriety Regulation, M.R. 56/2005 The Profits of Criminal Notoriety Act , C.C.S.M. c. P141 Regulation 56/2005 Registered April 6, 2005 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Serious property offences 3 Rules respecting distribution 4 Notice to victims 5 When no payments may be made to claimants 6 Filing claims 7 Request for additional information or documents 8 Extending deadline for filing claims 9 Adjudicator 10 Adjudicating claims 11 Determining the amount of compensation payable 12 Paying compensation 13 Reimbursing compensation from other sources Schedule Definitions 1 The following definitions apply in this regulation. "Act" means The Profits of Criminal Notoriety Act . («  Loi  ») "adjudicator" means the person who adjudicates the claims of victims of a designated crime who have claimed compensation under this regulation. (« arbitre ») "department" means the department of government over which the minister presides. (« ministère ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer the Act. (« ministre ») "notice to victims" means a notice provided under section 4. (« avis aux victimes ») "victim" means a person who suffered pecuniary or non-pecuniary losses, including losses recoverable under The Fatal Accidents Act , as a result of a designated crime. (« victime ») "Victims' Assistance Fund" means the Victims' Assistance Fund continued under The Victims' Bill of Rights. (« Fonds d'aide aux victimes ») M.R. 118/2008 Serious property offences 2 For the purpose of clause (c) of the definition of "designated crime" in section 1 of the Act, the offences under the Criminal Code (Canada) listed in the Schedule are prescribed as serious property offences. Rules respecting distribution 3(1) Consideration available for distribution under section 17 of the Act is to be paid out in the following priority: (a) first, to compensate eligible victims of the designated crime who have claimed compensation in accordance with this regulation; (b) any remaining funds are to be paid to the Victims' Assistance Fund. M.R. 118/2008 3(2) The following costs are to be deducted from consideration received by the director before any amount is paid out under subsection (1): (a) documented costs incurred by the director to give notice to potential claimants under section 4; (b) fees and expenses relating to the adjudication of claims; (c) legal fees and costs incurred by the director arising out of an application brought under the Act, whether the fees and costs are payable to government counsel or any other counsel. M.R. 118/2008 Notice to victims 4(1) Within six months after the day consideration become available for distribution under section 17 of the Act, the director must give notice of the distribution to victims of the designated crime in accordance with this section. M.R. 118/2008 4(2) The director must (a) publish the notice to victims in at least one newspaper having general circulation throughout Manitoba; and (b) give a copy of the notice to victims to any person who the director knows is a victim of the designated crime. M.R. 118/2008 4(3) The director may also publish or distribute the notice to victims in whatever manner he or she believes will bring the right to make a claim for compensation to the attention of victims of the designated crime. M.R. 118/2008 4(4) The notice to victims must (a) identify the person who committed the designated crime and provide particulars of the designated crime; (b) state that any person who suffered pecuniary or non-pecuniary losses as a result of the designated crime may make a claim for compensation; (c) describe the steps to be taken to make a claim for compensation; (d) specify the deadline for filing a claim for compensation, which must not be earlier than six months after the day the first notice was published in a newspaper under clause (2)⁠(a); (e) give an address and telephone number to which inquiries about potential claims may be directed; (f) give an address where claims should be filed; and (g) include any other information that the director considers appropriate. M.R. 118/2008 When no payments may be made to claimants 5(1) Despite subsection 3(1) and section 4, if the director concludes that the amount of compensation payable to each claimant would be too small to justify the administrative costs of giving notice to victims and adjudicating the claims due to the number of potential claims and the amount of consideration available for distribution, the director may decide that no compensation will be paid to victims of a designated crime. M.R. 118/2008 5(2) If the director decides not to pay compensation under subsection (1), the consideration available for distribution must be paid to the Victims' Assistance Fund. M.R. 118/2008 Filing claims 6(1) A person claiming compensation must submit his or her claim to the director on a form provided by, or acceptable to, the director. M.R. 118/2008 6(2) If the claim is for pecuniary losses, the claim must include a description of the claimant's pecuniary losses and documentary evidence of the losses, such as receipts and invoices. M.R. 118/2008 6(3) If the claim is for non-pecuniary losses, it must include a description of the claimant's non-pecuniary losses and any available documentation in respect of those losses, such as a physician's report. M.R. 118/2008 6(4) The claim must identify any other sources from which compensation for the losses claimed by the claimant under this section have been paid or are payable to the claimant, and the amount of that compensation. M.R. 118/2008 6(5) The claim must be filed on or before the final day for filing set out in the notice to victims, unless the director extends the deadline for filing for a claim under section 8. M.R. 118/2008 6(6) Once a claim has been filed, the claimant must advise the director as soon as possible of any new information that may affect the adjudication of his or her claim. M.R. 118/2008 Request for additional information or documents 7 The director may require a claimant to provide any additional information, documents or authorization for the release of information that the director considers necessary in order to adjudicate the claim. The director may deny a claim if the claimant fails to comply with such a request. M.R. 118/2008 Extending deadline for filing claims 8 Before or after the deadline for filing claims set out in the notice to victims, the director may extend the time for filing a claim for compensation if he or she considers it appropriate. M.R. 118/2008 Adjudicator 9(1) The minister may appoint one or more persons to evaluate and adjudicate claims for compensation. The minister may appoint the director as adjudicator. M.R. 118/2008 9(2) The minister may appoint one or more employees of the department to assist the adjudicator in carrying out his or her duties under this regulation. M.R. 118/2008 Adjudicating claims 10(1) The adjudicator must review all claims for compensation and must determine (a) each claimant's eligibility for compensation; and (b) the amount of compensation payable to each eligible claimant. M.R. 118/2008 10(2) A claimant is eligible for compensation if (a) the claimant suffered pecuniary or non-pecuniary losses as a result of the designated crime; and (b) full compensation for the losses has not been paid or is not payable to the claimant from other sources. M.R. 118/2008 10(3) The adjudicator must award compensation for the loss of guidance, care and companionship due to the death of a person in accordance with The Fatal Accidents Act . M.R. 118/2008 Determining the amount of compensation payable 11(1) In determining the amount of compensation payable to an eligible claimant, the adjudicator must assess the losses suffered by the claimant as a result of the designated crime. M.R. 118/2008 11(2) After calculating the claimant's losses, the adjudicator (a) must deduct from that amount any compensation paid or payable to the claimant from any other source; and (b) may deduct an amount to reflect any behaviour on the part of the claimant that may have directly or indirectly contributed to the claimant's losses. M.R. 118/2008 11(3) The adjudicator may decline to award any compensation to a claimant if, in the adjudicator's opinion, (a) the amount of the compensation would be too small to justify the administrative costs of paying it; or (b) the losses suffered by the claimant are too remote from the designated crime in question. M.R. 118/2008 Paying compensation 12(1) No payments from the consideration available for distribution may be made until every claim that has been filed has been adjudicated. M.R. 118/2008 12(2) If the total amount of compensation that would otherwise be paid to all eligible claimants exceeds the amount available for distribution, compensation is to be paid according to the following rules: 1. Compensation for pecuniary losses of individual claimants must be paid first. 2. If the total amount that would otherwise be paid to all eligible individual claimants for pecuniary losses exceeds the amount available for distribution, the amount that would otherwise be paid to each claimant must be reduced pro rata in the proportion that the balance of the amount available for distribution bears to the total amount that would otherwise be paid to all the eligible claimants for pecuniary losses. 3. If any amount remains available for distribution after payments to individual claimants for pecuniary losses have been made, compensation for non-pecuniary losses of individuals are to be paid. 4. If the total amount that would otherwise be paid to all eligible individual claimants for non-pecuniary losses exceeds the amount available for distribution, the amounts payable to such claimants must be reduced using the method set out in paragraph 2. 5. If any amount remains available for distribution after payments to individual claimants have been made, compensation for pecuniary losses of claimants who are not individuals are to be paid. 6. If the total amount that would otherwise be paid to all claimants who are not individuals exceeds the amount available for distribution, the amounts payable to such claimants must be reduced using the method set out in paragraph 2. M.R. 118/2008 Reimbursing compensation from other sources 13(1) If, after receiving compensation under this regulation, a claimant receives compensation for some or all of the same losses from another source, the claimant must (a) report the payment to the director as soon as possible after it is received; and (b) when requested, repay to the director an amount specified by the director. M.R. 118/2008 13(2) If a claimant fails to pay the amount requested by the director under clause (1)⁠(b), that amount is a debt due to the government and it may be recovered by the director from the claimant in a court of competent jurisdiction. M.R. 118/2008 13(3) The director must pay any amount repaid or recovered under this section to (a) the Victims' Assistance Fund, if all other eligible claimants have been fully compensated; or (b) all eligible claimants who have not been fully compensated, in accordance with the rules set out in subsection 12(2). M.R. 118/2008 SCHEDULE (SECTION 2) SERIOUS PROPERTY OFFENCES Clauses 46(2)⁠(b) and (e) Treason and conspiracy to commit treason in relation to information Section 52 Sabotage Section 57 Forgery or uttering forged passport Section 58 Fraudulent use of a certificate of citizenship Section 74 Piracy Clause 77(c) to (f) Causing damage to aircraft, airport, etc. Clauses 78.1(2)⁠(b) to (d) Damage or destruction of a ship, cargo or fixed platform Section 80 Breach of duty of care re: explosives Clauses 81(a), (c) and(d) Using explosives Section 82 Possession of explosive substance Section 83.02 Providing or collecting property for certain activities Section 83.03 Providing, making available property or services for terrorist purposes Section 83.04 Using or possessing property for terrorist purposes Sections 83.08, 83.1, 83.11 and 83.12 Offences in relation to freezing, disclosure or auditing of terrorist property Section 86 Careless use of firearm Section 88 Possession of a weapon for a dangerous purpose Section 90 Carrying a concealed weapon Subsection 91(2) Unauthorized possession of a prohibited weapon or restricted weapon Subsection 92(2) Possession of a prohibited weapon, knowing its possession is unauthorized Section 93 Possession of a firearm, etc. at an unauthorized place Section 94 Unauthorized possession of a firearm, etc. in a motor vehicle Section 95 Possession of a prohibited or restricted firearm with ammunition Section 96 Possession of a weapon obtained by commission of an offence Section 99 Weapons trafficking Section 100 Possession of a weapon for purposes of trafficking Section 101 Transfer of firearm, etc. without authority Section 102 Altering or manufacturing of automatic firearm Section 103 Importing or exporting firearms, etc. knowing that it is unauthorized Section 104 Unauthorized importing or exporting firearm, etc. Section 105 Failure to report lost or found firearms, etc. Section 106 Failure to report destroyed firearm, etc. Section 107 False statement about a lost or stolen firearm, etc. Section 108 Tampering with the serial number of a firearm, etc. Section 117.01 Possession of a firearm, etc. contrary to order Section 119 Bribery of judicial officers, etc. Section 120 Bribery of officers Section 121 Frauds on government Section 122 Breach of trust by public officer Section 123 Municipal corruption Section 124 Selling or purchasing office Section 125 Influencing or negotiating appointments or dealing in offices Section 131 Perjury Section 136 Witness giving contradictory evidence while intending to mislead Section 137 Fabricating evidence Subsection 139(2) Obstructing justice by bribery and other means Section 140 Public mischief Section 142 Corruptly taking reward for recovery of goods Subsection 163.1 Making, distributing, possessing, accessing etc. child pornography Section 184 Interception of communications using a device Section 184.5 Interception of radio based telephone communications Section 210 Keeping common bawdy-house Section 212 Procuring, living on the avails of prostitution, etc. Section 251 Unseaworthy vessel or unsafe aircraft Section 300 Publishing a defamatory libel known to be false Section 302 Extortion by libel Section 322 and clause 334(a) Theft Section 324 and clause 334(a) Theft by bailee of things under seizure Section 326 and clause 334(a) Theft of telecommunications service Section 328 and clause 334(a) Theft by or from person having special property or interest Sections 330 and 334 Theft by person required to account Sections 331 and 334 Theft by person holding power of attorney Sections 332 and 334 Misappropriation of money held under direction Section 335 Taking motor vehicle or vessel without consent Section 336 Criminal breach of trust Section 337 Public servant refusing to deliver property Section 338 Fraudulently taking cattle or defacing brand Subsection 339(1) Taking possession, etc. of drift timber Section 340 Destroying documents of title, etc. Section 342 Theft, forgery of credit card Section 342.01 Making, having or dealing in instruments for forging or falsifying credit cards Section 342.1 Unauthorized use of computer Section 345 Stopping mail with intent Section 346 Extortion Section 347 Criminal interest rate Section 348 Breaking and entering with intent, committing offence or breaking out Section 349 Being unlawfully in a dwelling house Section 351 Possession of break-in instrument Section 354 and clause 355(a) Possession of property obtained by crime Section 356 Theft from mail Section 357 Bringing into Canada property obtained by crime Section 362 False pretence or false statement Section 363 Obtaining execution of valuable security by fraud Sections 366 and 367 Forgery Section 368 Uttering forged document Section 369 Exchequer bill paper, public seals, etc. Section 370 Counterfeiting proclamation Section 371 Telegram in another person's name used to defraud Section 374 Drawing document without authority Section 375 Obtaining, etc., by instrument based on forged document Section 376 Counterfeiting stamp/mark Section 377 Damaging official documents (vital statistics and elections) Section 378 Offences in relation to registers Section 380 Fraud Section 382 Fraudulent manipulation of stock exchange transactions Section 383 Gaming in stocks or merchandise Section 384 Broker reducing stock by selling for his own account Section 386 Fraudulent registration of titles Section 394 Fraud in relation to valuable minerals Section 394.1 Possession of stolen or fraudulently obtained valuable mineral Section 396 Offences in relation to mines and oil wells Section 397 Falsification of Books and Documents Section 399 False return by public officer Section 400 False prospectus, etc. Section 403 Personation with intent Section 405 Acknowledging instrument in false name Section 418 Selling defective stores to His Majesty Section 420 Offences in relation to sale, etc. of military stores Section 422 Criminal breach of contract Clauses 423(1)⁠(d) and (g) Intimidation by hiding property etc., blocking highway Section 426 Secret commissions Section 430 Mischief related offences Subsection 431.2(2) Delivery, etc. of explosive or other lethal device to a public place Section 433 Arson — disregard for human life Section 434 Arson — damage to property Section 434.1 Arson — own property Section 435 Arson for fraudulent purpose Section 436 Arson by negligence Section 436.1 Possession of incendiary device Subsection 438(1) Interfering with saving of wrecked vessel Section 441 Occupant injuring building Section 443 Interfering with international boundary marks Section 444 Injuring or endangering cattle Section 449 Making counterfeit money Section 450 Possession, etc., of counterfeit money Section 451 Having clippings, etc. Section 452 Uttering, etc., counterfeit money Section 455 Clipping and uttering clipped coin Section 458 Making, having or dealing in instruments for counterfeiting Section 459 Conveying instruments for coining out of mint Section 460 Advertising and dealing in counterfeit money, etc. Section 462.31 Laundering the proceeds of crime Section 467.11 Participation in activities of a criminal organization Section 467.12 Commission of offence for criminal organization Section 467.13 Instructing commission of offence for criminal organization Sections 463, 464, 465 Attempts, accessories, counselling and conspiracy to commit any of the offences set out above