P-9.2.1 - Act to assist persons who are victims of criminal offences and to facilitate their recovery

Section 32 Disposition versions

2021-10-13

32. On the submission of a qualification application, the Minister is subrogated by operation of law to the rights of the person who is a victim up to the amount the Minister may be called on to pay to the person. The Minister may, in the Minister’s own name or in the name of the person, continue or institute a judicial application.

If the person chooses to take advantage of financial assistance under this Title, any agreements or compromises reached between the parties in relation to a judicial application or to the right to such an application are without effect until ratified by the Minister; payment of the amount agreed on or awarded must be made only in the manner indicated by the Minister.

A person who wilfully prevents the Minister from exercising a recourse as subrogee is required to repay the amount of the financial assistance received from the Minister. The Minister may recover that debt within three years after being deprived of the recourse.

An amount recovered under this section must be paid into the Consolidated Revenue Fund.

Before exercising the recourse as subrogee provided for by this section to recover an amount the Minister paid to a person referred to in subparagraph 1 of the first paragraph of section 15 who was a victim of spousal violence or sexual violence, the Minister must obtain the consent of the person who is a victim, unless the person is deceased.

2021, c. 13, s. 32.

Not in force

In force: 2021-10-13

32. On the submission of a qualification application, the Minister is subrogated by operation of law to the rights of the person who is a victim up to the amount the Minister may be called on to pay to the person. The Minister may, in the Minister’s own name or in the name of the person, continue or institute a judicial application.

If the person chooses to take advantage of financial assistance under this Title, any agreements or compromises reached between the parties in relation to a judicial application or to the right to such an application are without effect until ratified by the Minister; payment of the amount agreed on or awarded must be made only in the manner indicated by the Minister.

A person who wilfully prevents the Minister from exercising a recourse as subrogee is required to repay the amount of the financial assistance received from the Minister. The Minister may recover that debt within three years after being deprived of the recourse.

An amount recovered under this section must be paid into the Consolidated Revenue Fund.

Before exercising the recourse as subrogee provided for by this section to recover an amount the Minister paid to a person referred to in subparagraph 1 of the first paragraph of section 15 who was a victim of spousal violence or sexual violence, the Minister must obtain the consent of the person who is a victim, unless the person is deceased.

2021, c. 13, s. 32.