Section 1 definition of "immediate family member" BEFORE amended by 2023-36-1(b), effective January 1, 2024 (BC Reg 270/2023).

"immediate family member" means a person who, at the time of the prescribed offence or the event that resulted in the death or injury of a victim, was

(a) a spouse, child, sibling, step sibling, half sibling or parent of the victim, and, for this purpose,

(i) "spouse" means a person who

(A) is married to the victim,

(B) is living and cohabiting with the victim in a marriage-like relationship, or

(C) is recognized under subsection (2) as the spouse of the victim,

(ii) "child" includes

(A) a child to whom the victim stands in the place of a parent,

(B) a person recognized under subsection (2) as the child of the victim,

(C) a child of the victim born after the death of the victim, or

(D) an adult to whom the victim stood in the place of a parent when the adult was a child, and

(iii) "parent" includes

(A) a person who stands in the place of a parent to the victim, or

(B) a person who stood in the place of a parent to the victim when the victim was a child, or

(b) if dependent in whole or in part on the victim for financial support, a grandparent or grandchild of the victim;

  Section 2 (b) BEFORE amended by 2005-2-1, effective June 30, 2002 [retro from February 22, 2005 (RA)].

(b) the death or injury of a person that arises out of, and occurs in the course of, that person's employment.

  Section 3 (1) BEFORE amended by 2002-52-1(a), effective June 30, 2002 (BC Reg 160/2002).

(1)  The following persons may apply to the director in the prescribed form for a benefit:

  Section 3 (1) (b) BEFORE amended by 2002-52-1(b), effective June 30, 2002 (BC Reg 160/2002).

(b) an immediate family member who experiences economic loss or psychological harm as a result of the death or injury of a victim;

  Section 3 (1) (d) (ii) BEFORE amended by 2002-52-1(c), effective June 30, 2002 (BC Reg 160/2002).

(ii)  a person in a prescribed category.

  Section 3 (6) was added by 2002-52-2, effective June 30, 2002 (BC Reg 160/2002).

  Section 3 (1) (c) (ii) (A) BEFORE amended by 2011-24-3, effective August 1, 2012 (BC Reg 121/2012).

(A)  is diagnosed by a registered psychologist or a medical practitioner as a recognized psychological or psychiatric condition, and

  Section 3 (1) to (3) BEFORE amended by 2023-36-2, effective January 1, 2024 (BC Reg 270/2023).

(1) The following persons may apply to the director for a benefit in accordance with the regulations:

(a) a person who is injured as a direct result of

(i) a prescribed offence committed in British Columbia, or

(ii) an event in British Columbia in which the person was

(A) lawfully arresting or attempting to arrest a person, or assisting or attempting to assist a peace officer to arrest a person, in respect of a criminal offence, or

(B) lawfully preventing or attempting to prevent an offence, or a suspected offence, under the Criminal Code or assisting or attempting to assist a peace officer to do so;

(b) an immediate family member who

(i) experiences economic loss or psychological harm as a result of the death or injury of a victim, or

(ii) is a minor child of a deceased victim;

(c) a person who, although not necessarily related to a victim, has a strong emotional attachment to the victim, and who

(i) witnesses in close proximity

(A) a prescribed offence that causes a life threatening injury to, or the death of, the victim, or

(B) the immediate aftermath of a prescribed offence that causes the death of the victim,

in circumstances that are sufficient to alarm, shock and frighten a reasonable person with that emotional attachment to the victim, and

(ii) suffers psychological harm that

(A) is diagnosed by a registered psychologist, a medical practitioner or a nurse practitioner as a recognized psychological or psychiatric condition, and

(B) in the opinion of the person who makes the diagnosis, is a result of the circumstances in subparagraph (i);

(d) on behalf of a person referred to in paragraphs (a) to (c),

(i) a legal representative, or

(ii) if the person does not have a legal representative and is physically or mentally incapable of making the application, an immediate family member.

(2) An application under subsection (1) must be made within one year from the date of the prescribed offence or the event to which it relates.

(3) If the victim, immediate family member or witness is a person who has not reached 19 years of age, the time limit under subsection (2) is extended until the date that is one year after the date the person reaches 19 years of age.

  Section 4 (1) to (3) BEFORE amended by 2002-52-3(a), effective June 30, 2002 (BC Reg 160/2002).

(1)  If an application for a benefit is made under section 3 (1) by or on behalf of a victim whose need for the benefit arose as a result of the prescribed offence or the event that resulted in the victim's injury, the director may award a benefit that the victim is eligible for under the regulations in any of the following categories:

(a) medical or dental services or expenses;

(b) vocational services or expenses;

(c) maintenance for a child born as a result of the prescribed offence;

(d) income support related to

(i)  a lost or reduced ability to earn income, or

(ii)  a lost or reduced ability to perform services the victim previously performed for himself or herself or his or her family;

(e) compensation for lost earning capacity;

(f) counselling services;

(g) protective measures for the safety of the victim;

(h) travelling expenses;

(i) services or expenses for physical rehabilitation, home and vehicle modifications or disability aids;

(j) repair or replacement cost of a prescribed item of personal property that is damaged or destroyed as a result of the prescribed offence or the event that caused the injury;

(k) a prescribed category.

(2)  If an application for a benefit is made under section 3 (1) by or on behalf of an immediate family member whose need for the benefit arose as a result of the death or injury of the victim, the director may award a benefit that the immediate family member is eligible for under the regulations in any of the following categories:

(a) counselling services or related prescription drug expenses;

(b) vocational services or expenses;

(c) funeral expenses;

(d) income support;

(e) travelling expenses;

(f) compensation for loss of love, guidance and affection;

(g) a prescribed category.

(3)  If an application is made under section 3 (1) by or on behalf of a witness, the director may award a benefit that the witness is eligible for under the regulations in any of the following categories:

(a) counselling services or related prescription drug expenses;

(b) a prescribed category.

  Section 4 (5) and (6) BEFORE amended by 2002-52-3(b), effective June 30, 2002 (BC Reg 160/2002).

(5)  If a benefit referred to in subsection (1) (c) is awarded to a victim, the director may provide that benefit to the legal guardian of the child on the death of the victim and on the request of that legal guardian.

(6)  If the director provides a benefit to a guardian under subsection (5), that guardian is deemed to have the rights and responsibilities under this Act of a victim who made an application under section 3 (1) for a benefit referred to in subsection (1) (c).

  Section 4 (7) BEFORE amended by 2002-52-3(c), effective June 30, 2002 (BC Reg 160/2002).

(7)  The director may provide an award of a benefit

(a) as a payment, or

(b) as a service

and, for the purpose of paragraph (b), may make a payment to a service provider to provide the benefit.

  Section 4 (8) (a) BEFORE amended by 2002-52-3(d), effective June 30, 2002 (BC Reg 160/2002).

(a) until the victim, immediate family member or witness has applied for any amounts or services the victim, immediate family member or witness may be eligible for on account of the death or injury of the victim

(i)  under a prescribed enactment of British Columbia or Canada,

(ii)  from a prescribed source, or

(iii)  under an enactment of another jurisdiction, or

  Section 4 (1) to (5) BEFORE amended by 2023-36-3, effective January 1, 2024 (BC Reg 270/2023).

(1) Subject to the regulations, if an application for a benefit is made under section 3 (1) by or on behalf of a victim whose need for the benefit arose as a result of the prescribed offence or the event that resulted in the victim's injury, the director may award a benefit to that victim, in the circumstances and subject to the conditions and limitations that the director considers appropriate, in any of the following categories:

(a) medical or dental services or expenses;

(b) prescription drug expenses;

(c) disability aids;

(d) counselling services or expenses;

(e) vocational services or expenses;

(f) protective measures, services or expenses;

(g) repair or replacement of damaged or destroyed personal property;

(h) home modification, maintenance or moving expenses;

(i) vehicle modification or acquisition;

(j) homemaker, childcare or personal care services or expenses;

(k) maintenance for a child born as a result of the prescribed offence;

(l) income support;

(m) lost earning capacity;

(n) transportation and related expenses;

(o) a prescribed category.

(2) Subject to the regulations, if an application for a benefit is made under section 3 (1) by or on behalf of an immediate family member whose need for the benefit arose as a result of the death or injury of the victim, the director may award a benefit to that immediate family member, in the circumstances and subject to the conditions and limitations that the director considers appropriate, in any of the following categories:

(a) counselling services or expenses;

(b) prescription drug expenses;

(c) vocational services or expenses;

(d) funeral expenses;

(e) income support;

(f) transportation and related expenses;

(g) loss of parental guidance for a minor child;

(h) earnings loss due to bereavement leave;

(i) a prescribed category.

(3) Subject to the regulations, if an application for a benefit is made under section 3 (1) by or on behalf of a witness, the director may award a benefit to the witness, in the circumstances and subject to the conditions and limitations that the director considers appropriate, in any of the following categories:

(a) counselling services or expenses;

(b) prescription drug expenses;

(c) transportation and related expenses;

(d) a prescribed category.

(4) The director may reimburse a victim, an immediate family member or a witness for expenses that, before the director's decision is made in respect of an application, were reasonably and necessarily incurred to obtain an item or service that the victim, immediate family member or witness is awarded as a benefit under subsection (1), (2) or (3).

(5) If a benefit referred to in subsection (1) (k) is awarded to a victim, the director may provide that benefit to the legal guardian of the child on the death of the victim and on the request of that legal guardian.

  Section 5 (2) BEFORE amended by 2023-36-4, effective January 1, 2024 (BC Reg 270/2023).

(2) For the purposes of this Act, a person is deemed to have intended an act or omission that causes a death or injury whether or not the person is legally capable of forming intent.

  Section 6 BEFORE amended by 2002-52-4, effective June 30, 2002 (BC Reg 160/2002).

  Section 6 (1) (f) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).

(f) require a police force referred to in section 1.1 of the Police Act to provide copies of, or access to, a police incident report or a report to Crown counsel related to the prescribed offence or the event that caused the death or injury of the victim.

  Section 6.1 was enacted by 2002-52-5, effective June 30, 2002 (BC Reg 160/2002).

  Section 7 (1) BEFORE amended by 2002-52-6(a), effective June 30, 2002 (BC Reg 160/2002).

(1)  Despite section 4 (1), (2) or (3), the director may provide a benefit or a part of a benefit on an interim basis if satisfied that

  Section 7 (2) BEFORE repealed by 2002-52-6(b), effective June 30, 2002 (BC Reg 160/2002).

(2)  If a victim, an immediate family member or a witness is not eligible for a benefit that was provided on an interim basis under subsection (1), the cost or value of the benefit provided, in the absence of fraud or misrepresentation, is not recoverable from that victim, immediate family member or witness.

  Section 7 (1) (c) BEFORE amended by 2023-36-5, effective January 1, 2024 (BC Reg 270/2023).

(c) the victim, immediate family member or witness will suffer hardship if there is a delay in providing all or part of the benefit.

  Section 8 (2) BEFORE amended by 2002-52-7, effective June 30, 2002 (BC Reg 160/2002).

(2)  Before or after providing a benefit, the director may require that the victim, immediate family member, witness or legal representative assign to the director in the prescribed form all or part of any right of the victim, immediate family member or witness

  Section 9 (2) BEFORE amended by 2002-52-8(a), effective June 30, 2002 (BC Reg 160/2002).

(2)  Subject to the regulations, the director may refuse to provide, or reduce the amount of, a benefit awarded to a person if, in the opinion of the director, the conduct of that person directly or indirectly contributed to the victim's death or injury.

  Section 9 (3) BEFORE amended by 2002-52-8(b), effective June 30, 2002 (BC Reg 160/2002).

(3)  Subject to the regulations, the director may refuse to provide, or reduce the amount of, a benefit awarded to

  Section 9 (4) BEFORE amended by 2002-52-8(c), effective June 30, 2002 (BC Reg 160/2002).

(4)  The director must not award a benefit to a victim, an immediate family member or a witness if the benefit would be awarded for the same or a similar purpose as an amount or a service that the victim, immediate family member or witness

(a) has received, will receive or would have been eligible for under an enactment, or from a source, referred to in section 4 (8) (a), as a result of the death or injury of the victim,

(b) has received under a judgment or settlement defined in section 8 (1), or

(c) has received as restitution, compensation or indemnification in respect of the death or injury of the victim from a source not referred to in paragraph (a) or (b).

  Section 9 (5) was added by 2002-52-8(c), effective June 30, 2002 (BC Reg 160/2002).

  Section 9 (4) BEFORE amended by 2023-36-6(a), effective January 1, 2024 (BC Reg 270/2023).

(4) In determining the benefit to be awarded to a victim, an immediate family member or a witness, the director must deduct

(a) an amount received under a judgment or settlement defined in section 8 (1),

(b) a payment received from a restitution or compensation order related to the prescribed offence or to the event that resulted in the victim's death or injury, and

(c) compensation or an amount or a service that the victim, immediate family member or witness has received, or is or may be eligible or would have been eligible to receive, from a source other than under this Act for the same or a similar purpose for which the benefit is to be provided.

  Section 9 (6) was added by 2023-36-6(b), effective January 1, 2024 (BC Reg 270/2023).

  Section 10 (1) BEFORE amended by 2023-36-7, effective January 1, 2024 (BC Reg 270/2023).

(1) If the director awards a benefit to an adult for whom a legal representative made an application, any benefit provided as a payment must be paid in trust for the adult to that legal representative.

  Section 12 BEFORE amended by 2002-52-9, effective June 30, 2002 (BC Reg 160/2002).

  Section 12 (2) to (4) BEFORE amended by 2023-36-8, effective January 1, 2024 (BC Reg 270/2023).

(2) An applicant, or a person for whom an application has been made under section 3 (1), may at any time

(a) provide the director with new information that may affect the eligibility for a benefit, and

(b) after providing the new information under paragraph (a), request a reassessment of the eligibility for the benefit of the person by or for whom the application was made.

(3) On the director's own initiative or on receipt of information, the director may reassess a person's eligibility for a benefit.

(4) Subject to the regulations, the director may do any of the following on the basis of the reassessment:

(a) provide, refuse to provide, suspend or terminate the provision of a benefit;

(b) limit, increase or decrease a benefit;

(c) alter the amount, duration, nature, content or form of the benefit;

(d) impose or modify conditions for receipt of the benefit or any other benefit being provided.

  Section 13 (1) (b) to (e) BEFORE amended by 2002-52-10, effective June 30, 2002 (BC Reg 160/2002).

(b) refusing to award a benefit or vary a benefit;

(c) setting the amount or duration of a benefit awarded;

(d) refusing to reopen a decision under section 12;

(e) varying or rescinding a decision reopened under section 12;

  Section 13 (1) (b) BEFORE amended by 2023-36-9(a), effective January 1, 2024 (BC Reg 270/2023).

(b) refusing to award, provide, limit, suspend or terminate a benefit;

  Section 13 (1) (b.1) was added by 2023-36-9(a), effective January 1, 2024 (BC Reg 270/2023).

  Section 13 (3) BEFORE amended by 2023-36-9(b), effective January 1, 2024 (BC Reg 270/2023).

(3) The director may extend the time limit for making the request if satisfied on application that a request for a reconsideration could not reasonably have been delivered within the period specified in subsection (2) (b).

  Section 14 (1) (b) BEFORE amended by 2002-52-11(a), effective June 30, 2002 (BC Reg 160/2002).

(b) delegate the reconsideration to one or more public service employees who did not participate in the decision that is to be reconsidered.

  Section 14 (4) BEFORE repealed by 2002-52-11(b), effective June 30, 2002 (BC Reg 160/2002).

(4)  Subject to section 12, a decision under subsection (2) is final and conclusive and is not open

(a) to review in a court, except on a question of law or excess of jurisdiction, or

(b) to appeal to any body.

  Section 14 (2) BEFORE amended by 2023-36-10, effective January 1, 2024 (BC Reg 270/2023).

(2) A person reconsidering a decision must consider only the material that was considered in making that decision and that person may

(a) confirm the decision,

(b) vary or rescind the decision, effective from the date of the decision, or

(c) dismiss the request if he or she considers it to be frivolous or vexatious.

  Section 14.1 was enacted by 2002-52-12, effective June 30, 2002 (BC Reg 160/2002).

  Section 15 (1) BEFORE amended by 2010-6-43, effective July 1, 2010.

(1)  If, after the date an application is made under section 3 (1) and before an action has been commenced under section 16 (1), a victim, an immediate family member, a witness or a legal representative commences an action against any person arising out of the prescribed offence or the event that resulted in the death or injury of the victim, a copy of the writ of summons must be delivered to the director within 10 days after the date that writ was served on the defendant in the action.

  Section 15 (1) BEFORE amended by 2023-36-11, effective January 1, 2024 (BC Reg 270/2023).

(1) If, after the date an application is made under section 3 (1) and before an action has been commenced under section 16 (1), a victim, an immediate family member, a witness or a legal representative commences an action against any person arising out of the prescribed offence or the event that resulted in the death or injury of the victim, a copy of the notice of civil claim must be delivered to the director within 10 days after the date that pleading was served on the defendant in the action.

  Section 16 (4) BEFORE amended by 2010-6-94,Sch 4, effective July 1, 2010.

(4)  If the director commences an action under subsection (1), the director must deliver to the victim, immediate family member, witness or legal representative a copy of the writ of summons within 10 days after it is served on the defendant in the action, and the victim, immediate family member, witness or legal representative must cooperate with the director as required in prosecuting the action.

  Section 18 (2) BEFORE amended by 2002-52-13, effective June 30, 2002 (BC Reg 160/2002).

(2)  Subject to section 14 (1) (b), the director may delegate to any person, agency or body any power, duty or function of the director under this Act.

  Section 19 (2) (a) and (b) BEFORE amended by 2002-52-14, effective June 30, 2002 (BC Reg 160/2002).

(a) subsection (1), or

(b) section 12 (2).

  Section 19 (4) (b) BEFORE amended by 2023-36-12, effective January 1, 2024 (BC Reg 270/2023).

(b) in the case of an offence under subsection (2) (b), from the date the person was required to report the change in circumstances.

  Section 20 (3) BEFORE amended by 2023-36-13, effective January 1, 2024 (BC Reg 270/2023).

(3) A certificate purporting to have been issued by the director certifying the day on which he or she became aware of the facts on which an information is based is admissible without proof of the signature or official character of the person appearing to have signed the document, and is proof of the certified facts unless there is evidence to the contrary.

  Section 22 (2) (a), (b) and (c) BEFORE amended by 2002-52-15(a) and (b) effective June 30, 2002 (BC Reg 160/2002).

(a) the government of Canada or a prescribed agency of that government,

(b) the government of a province or other jurisdiction in Canada or a prescribed agency of such a government,

(c) a prescribed government outside Canada or a prescribed agency of a government outside Canada, or

  Section 22 (4) BEFORE repealed by 2002-52-15(c), effective June 30, 2002 (BC Reg 160/2002).

(4)  The Lieutenant Governor in Council, after consulting with the Information and Privacy Commissioner, may make regulations for the purposes of this section, including regulations

  Section 22 (4) (a) and (b) BEFORE repealed by 2002-52-15(d), effective June 30, 2002 (BC Reg 160/2002).

(a) prescribing agencies for the purposes of subsection (2) (a), (b) or (c),

(b) prescribing governments for the purpose of subsection (2) (c),

  Section 22.1 was enacted by 2002-52-16, effective June 30, 2002 (BC Reg 160/2002).

  Section 23 (1) BEFORE amended by 2002-52-17(a), effective June 30, 2002 (BC Reg 160/2002).

(1)  If under section 12 or 14 a person is determined to have been entitled to benefits, the cost or value of which is less than the cost or value of benefits provided to the person, other than under section 7, that person is liable to repay to the government the cost or value of the benefits to which the person was not entitled, as determined by the director.

  Section 23 (1.1) was added by 2002-52-17(b), effective June 30, 2002 (BC Reg 160/2002).

  Section 23 (1) to (2) BEFORE amended by 2023-36-14, effective January 1, 2024 (BC Reg 270/2023).

(1) If under section 9, 12 or 14 a person is determined to have been entitled to benefits, the cost or value of which is less than the cost or value of benefits provided to the person, that person is liable to repay to the government the cost or value of the benefits to which the person was not entitled, as determined by the director.

(1.1) Subsection (1) does not apply with respect to section 9, if the recipient of the benefits or the applicant for that person has requested a reassessment under section 12 or a reconsideration under section 13.

(2) Subject to the regulations, the director may enter into an agreement, or may accept any right assigned, for the repayment of benefits.

  Section 24 BEFORE re-enacted by 2023-36-15, effective January 1, 2024 (BC Reg 270/2023).

  Section 25 BEFORE repealed by 2002-52-18, effective June 30, 2002 (BC Reg 160/2002).

  Section 26 (2) to (4) BEFORE amended by 2002-52-19, effective June 30, 2002 (BC Reg 160/2002).

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing forms for application, reporting or assignments or for any other purpose for which under this Act a prescribed form is to be used;

(b) prescribing offences under the Criminal Code for the purposes of section 3 (1) (a) (i);

(c) prescribing additional categories of benefits for the purposes of section 4 (1) (k), (2) (g) or (3) (b);

(d) prescribing items of personal property for the purpose of section 4 (1) (j);

(e) prescribing enactments and sources of income for the purposes of section 4 (8) (a);

(f) prescribing categories of health professionals for the purposes of section 6 (1) (c) and (d);

(g) prescribing the manner and time for providing information or reports for the purposes of section 6 (2);

(h) establishing a tariff of fees that the director may pay to medical practitioners, health professionals, other experts or police forces for information and reports provided under the Act;

(i) prescribing the manner and time of reporting a change in circumstances under section 12 (2);

(j) prescribing circumstances for the purposes of section 12 (2);

(k) specifying the items composing each category of benefits and the amount or cost for each item;

(l) establishing categories of victims, immediate family members or witnesses, which, without limitation, may relate to

(i)  duration of cohabitation, or

(ii)  the effect of a pre-existing physical or psychological condition;

(m) governing eligibility for categories or items of benefits;

(n) specifying the form or amount of, or the manner of providing, a benefit that may be awarded to a victim, immediate family member, witness or a category of victim, immediate family member or witness;

(o) setting limits on the amount or duration of a benefit;

(p) specifying the conditions under which a benefit may be provided and the consequences of failing to comply with those conditions;

(q) prescribing circumstances in which the director may refuse a benefit or reduce a benefit for the purpose of section 9 (2) or (3);

(r) governing repayment agreements and assignments under the Act;

(s) prescribing categories of persons for the purpose of section 3 (1) (d) (ii);

(t) respecting the provision of benefits to persons who have not reached 19 years of age;

(u) defining any word or expression used but not defined in this Act.

(3)  A regulation under subsection (2) may specify

(a) different benefits, or benefits in different forms or amounts, for victims, immediate family members or witnesses or members of different categories of victims, immediate family members or witnesses, or

(b) different eligibility requirements for victims, immediate family members or witnesses or different categories of victims, immediate family members or witnesses.

(4)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) adjusting the amount, duration or frequency, by increasing, decreasing or capping, or

(b) altering the category

of any compensation awarded under the former Act.

  Section 26 (2) (b) BEFORE amended by 2023-36-16(a), effective January 1, 2024 (BC Reg 270/2023).

(b) prescribing additional categories of benefits;

  Section 26 (2) (b.1) to (b.3) and (4) (d) and (e) were added by 2023-36-16(b) and (c), effective January 1, 2024 (BC Reg 270/2023).

  Sections 27 to 29 BEFORE amended by 2002-52-20, effective June 30, 2002 (BC Reg 160/2002).