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

Section 36 Disposition versions

2021-10-13

36. The following qualified persons who are victims are, in accordance with a government regulation and subject to section 37, eligible for payment of a lump sum:

(1)  a person who suffers interference with their integrity due to the commission of a criminal offence against them;

(2)  a parent of a minor child who is deceased due to the commission of a criminal offence against the child, or a person who had parental authority over the child;

(3)  a parent of a child of full age who is deceased due to the commission of a criminal offence against the child if, at the time of death, the child did not have a spouse or child or, despite the child having a spouse or child, the child’s parent provided for more than 50% of the child’s needs;

(4)  a child of a parent who is deceased due to the commission of a criminal offence against the parent, or a child over whom a person who is deceased due to the commission of a criminal offence had parental authority;

(5)  the spouse of a person who is deceased due to the commission of a criminal offence against the person;

(6)  a dependant of a person who is deceased due to the commission of a criminal offence against the person;

(7)  an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16;

(8)  a parent of a minor child who is deceased, in a case where the child is an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16, or a person who had parental authority over the child;

(9)  a parent of a child of full age who is deceased, in a case where the child is an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16, if, at the time of death, the child did not have a spouse or child or, despite the child having a spouse or child, the child’s parent provided for more than 50% of the child’s needs;

(10)  a child of a parent who is deceased, in a case where the parent is an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16, or a child over whom such an intervening person who is deceased had parental authority;

(11)  the spouse of a person who is deceased, in a case where the person was an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16; and

(12)  a dependant of a person who is deceased, in a case where the person was an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16.

The spouse referred to in subparagraph 5 or 11 of the first paragraph or the dependant referred to in subparagraph 6 or 12 of that paragraph is the one who, at the time of death of the person mentioned in those subparagraphs, meets the conditions for “spouse” or “dependant” set out in the first paragraph of section 18.

For the purposes of this division, a child yet unborn at the time of the death is considered to be a child who is entitled to the lump sum under subparagraph 4 or 10 of the first paragraph, as applicable, due to the death of the person mentioned in those subparagraphs, if the child is born alive and viable.

An eligible person who is a victim is entitled to the lump sum established in accordance with a government regulation, according to the conditions, standards, amounts and terms prescribed in the regulation.

2021, c. 13, s. 36.

Not in force

In force: 2021-10-13

36. The following qualified persons who are victims are, in accordance with a government regulation and subject to section 37, eligible for payment of a lump sum:

(1)  a person who suffers interference with their integrity due to the commission of a criminal offence against them;

(2)  a parent of a minor child who is deceased due to the commission of a criminal offence against the child, or a person who had parental authority over the child;

(3)  a parent of a child of full age who is deceased due to the commission of a criminal offence against the child if, at the time of death, the child did not have a spouse or child or, despite the child having a spouse or child, the child’s parent provided for more than 50% of the child’s needs;

(4)  a child of a parent who is deceased due to the commission of a criminal offence against the parent, or a child over whom a person who is deceased due to the commission of a criminal offence had parental authority;

(5)  the spouse of a person who is deceased due to the commission of a criminal offence against the person;

(6)  a dependant of a person who is deceased due to the commission of a criminal offence against the person;

(7)  an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16;

(8)  a parent of a minor child who is deceased, in a case where the child is an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16, or a person who had parental authority over the child;

(9)  a parent of a child of full age who is deceased, in a case where the child is an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16, if, at the time of death, the child did not have a spouse or child or, despite the child having a spouse or child, the child’s parent provided for more than 50% of the child’s needs;

(10)  a child of a parent who is deceased, in a case where the parent is an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16, or a child over whom such an intervening person who is deceased had parental authority;

(11)  the spouse of a person who is deceased, in a case where the person was an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16; and

(12)  a dependant of a person who is deceased, in a case where the person was an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16.

The spouse referred to in subparagraph 5 or 11 of the first paragraph or the dependant referred to in subparagraph 6 or 12 of that paragraph is the one who, at the time of death of the person mentioned in those subparagraphs, meets the conditions for “spouse” or “dependant” set out in the first paragraph of section 18.

For the purposes of this division, a child yet unborn at the time of the death is considered to be a child who is entitled to the lump sum under subparagraph 4 or 10 of the first paragraph, as applicable, due to the death of the person mentioned in those subparagraphs, if the child is born alive and viable.

An eligible person who is a victim is entitled to the lump sum established in accordance with a government regulation, according to the conditions, standards, amounts and terms prescribed in the regulation.

2021, c. 13, s. 36.