Section 1, definition of "legal proceedings" (part) BEFORE amended by BC Reg 226/2017, effective December 12, 2017.
"legal proceedings" means the following legal proceedings related to an eligible offence that are held or conducted in British Columbia:
Section 1, definition of "legal proceedings", paragraph (g) was added by BC Reg 226/2017, effective December 12, 2017.
Section 2 (d) BEFORE repealed by BC Reg 169/2010, effective February 1, 2011.
(d) a podiatrist entitled to practise under the Podiatrists Act;
Section 2 (g) (ix.1) was added by BC Reg 169/2010, effective February 1, 2011.
Section 2 (f) BEFORE amended by BC Reg 145/2013, effective April 1, 2013.
(f) an emergency medical assistant licensed under the Emergency and Health Services Act;
Section 2 (g) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(g) a person entitled to practise as any of the following under the Health Professions Act:
(iv) licensed practical nurse;
(xi) registered psychiatric nurse;
(xii) traditional Chinese medicine practitioner;
Section 2 (h) was added by BC Reg 270/2023, effective January 1, 2024.
Section 7 (3) (c) BEFORE amended by BC Reg 32/2012, effective March 8, 2012.
(c) a prescription drug that is funded under the Pharmacare program operated by the Ministry of Health Services is the amount payable under that program for that type of prescription drug.
Section 7 (3) (c) BEFORE amended by BC Reg 73/2015, effective June 1, 2015.
(c) a prescription drug that is funded under the PharmaCare program established under the Continuing Care Programs Regulation, B.C. Reg. 146/95, is the amount payable under that program for that type of prescription drug.
Section 7 (1) (part) and (2) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) The director may award only the following types of benefits in the category of benefits described as medical services or expenses in section 4 (1) (a) of the Act:
(2) The director may award a victim a benefit referred to in subsection (1), only if the director is satisfied that the benefit is necessary and reasonable and the cost of the providing the benefit is economically reasonable.
Section 7 (3) (c) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(c) a prescription drug that is funded under a drug plan established under the Drug Plans Regulation is the amount payable under that program for that type of prescription drug.
Section 8 (1) (part) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) The director may award only the following types of benefits in the category of benefits described as dental services or expenses in section 4 (1) (a) of the Act:
Section 10 (1) (part) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) The director may award only the following types of benefits in the category of benefits described as disability aids in section 4 (1) (c) of the Act:
Section 11 (3) and (4) BEFORE amended by BC Reg 226/2017, effective December 12, 2017.
(3) The director may award a victim up to 48 one hour counselling sessions.
(4) If the victim was under 19 years old when he or she was injured as a result of an eligible offence, the director may award more than 48 counselling sessions to the victim if the director is satisfied that continued counselling is reasonable and necessary.
Section 11 (3.1) and (3.2) were added by BC Reg 226/2017, effective December 12, 2017.
Section 11 (1), (4) and (6) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) Subject to this section, the director may award a victim a benefit in the category of benefits described as counselling services and expenses in section 4 (1) (d) of the Act only if the director is satisfied that the counselling services or expenses are reasonable and necessary to assist the victim in his or her recovery from the psychological injury that resulted from an eligible offence.
(4) If the victim was under 19 years old when he or she was injured as a result of an eligible offence, the director may award more counselling sessions to the victim than the number of sessions permitted under subsection (3) (a) if the director is satisfied that continued counselling is reasonable and necessary.
(6) If the director considers that a victim may need help in developing or implementing a treatment plan to aid the victim in his or her recovery from the psychological injury caused by an eligible offence, the director may provide a benefit to a victim by paying for counselling sessions for a person who is willing and able to participate in the development or implementation of the treatment plan with the victim.
Section 12 (1) (part) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) The director may award only the following types of benefits in the category of benefits described as protective measures, services or expenses in section 4 (1) (f) of the Act:
Section 12 (1) (c) (ii) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(ii) actual moving expenses for the victim, his or her dependent children who reside with the victim and his or her household goods;
Section 12 (2) (b) (ii) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(ii) the victim is so psychologically traumatized as a result of the eligible offence that the benefit is needed for his or her recovery, and
Section 12 (3) (c) (ii) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(ii) the victim is so psychologically traumatized as a result of the eligible offence that the benefit is needed for his or her recovery, and
Section 12 (4) (a) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(a) is paid for the period that the victim is unemployed following the relocation of the victim, up to a maximum period of 3 months, and
Section 13 (1) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) The director may award only the following types of benefits in the category of benefits described as repair or replacement of damaged or destroyed personal property in section 4 (1) (g):
Section 14 (1) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) The director may award a benefit in the category of benefits described in section 4 (1) (h) of the Act as home modification, maintenance or moving expenses to a victim on the conditions and subject to the limitations set out in this section.
Section 14 (2) (b) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(b) the modifications to the victim's residence or the victim's proposed residence are reasonable and necessary to assist the victim in his or her daily activities.
Section 14 (3) (b) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(b) the victim is unable to maintain and repair his or her residence or the land surrounding the residence, if any, due to the victim's disability, and
Section 14 (4) (b) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(b) the victim is not able to reside in his or her residence unless modifications are made to the residence, and
Section 15 (1) (part) and (3) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) The director may award a benefit in the category of benefits described as vehicle modification or acquisition in section 4 (1) (i) of the Act to a victim only if the director is satisfied that
(3) A victim may be awarded a benefit referred to in subsection (1) only once.
Section 15 (4) was added by BC Reg 270/2023, effective January 1, 2024.
Section 16 (2) (part) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(2) The director may award only the following types of benefits in the category of benefits described as homemaker, childcare or personal care services or expenses in section 4 (1) (j) of the Act:
Section 16 (8) (c) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(c) the director is satisfied that the personal care services or expenses are reasonable and necessary to assist the victim in daily living and to help the victim retain his or her independence.
Section 19 (1) (c) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(c) the expense is reasonable and necessary.
Section 19 (2) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(2) The director may not award a victim a benefit referred to in subsection (1) with a value that exceeds $2 500.
Section 20 (3) and (4) BEFORE amended by BC Reg 226/2017, effective December 12, 2017.
(3) The director may award an immediate family member up to 36 one hour counselling sessions with a counsellor.
(4) If the immediate family member was under 19 years old when the eligible offence that resulted in the death or injury of the victim occurred, the director may award more than 36 counselling sessions to the immediate family member if the director is satisfied that continued counselling is reasonable and necessary.
Section 20 (3.1) and (3.2) were added by BC Reg 226/2017, effective December 12, 2017.
Section 20 (1) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) Subject to this section, the director may award an immediate family member a benefit in the category of benefits described as counselling benefits or expenses in section 4 (2) (a) of the Act only if the director is satisfied that the counselling services or expenses are reasonable and necessary to assist the immediate family member in his or her recovery from the psychological injury that resulted from an eligible offence.
Section 21 (2) BEFORE amended by BC Reg 32/2012, effective March 8, 2012.
(2) For the purposes of subsection (1), the director may not pay an amount for prescription drugs that an immediate family member obtains outside of British Columbia that is more than the amount payable under the Pharmacare Program operated by the Ministry of Health Services for that type of prescription drug.
Section 21 (2) BEFORE amended by BC Reg 73/2015, effective June 1, 2015.
(2) For the purposes of subsection (1), the director may not pay an amount for prescription drugs that an immediate family member obtains outside of British Columbia that is more than the amount payable under the PharmaCare program established under the Continuing Care Programs Regulation, B.C. Reg. 146/95, for that type of prescription drug.
Section 22 (2) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(2) The director may not award more than $5 000 under this section with respect to the death of a victim.
Section 23 (7) (c) (part) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(c) the director is satisfied that the benefit is reasonable and necessary for the victim
Section 24 (1) (b) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(b) is under 19 years of age when his or her parent died as a result of an eligible offence.
Section 25 (1) (a) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(a) the immediate family member's absence from work occurs within 2 weeks of the death of the victim, and
Section 26 BEFORE re-enacted by BC Reg 270/2023, effective January 1, 2024.
Crime scene cleaning expenses
26 (1) The director may award an immediate family member of a victim the benefit of crime scene cleaning expenses only if
(a) the victim's death resulted from an eligible offence, and
(b) the director is satisfied that
(i) the eligible offence occurred at the victim's or the immediate family member's residence or in a motor vehicle owned or leased by the victim or the immediate family member,
(ii) exceptional and specialized cleaning is required, and
(iii) the expense is reasonable and necessary.
(2) The maximum that the director may award under subsection (1) with respect to a victim's death is $2 500.
Section 27 (1) (b) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(b) the victim provided some or all of the childcare before his or her death,
Section 28 (1) (b) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(b) the victim provided some or all of the homemaker services before his or her death,
Section 29 (3) and (4) BEFORE amended by BC Reg 226/2017, effective December 12, 2017.
(3) The director may award a witness up to 12 one hour counselling sessions with a counsellor.
(4) If the witness was under 19 years old when the eligible offence that resulted in the death or injury of the victim occurred, the director may award more than 12 counselling sessions to the witness if the director is satisfied that continued counselling is reasonable and necessary.
Section 29 (3.1) and (3.2) were added by BC Reg 226/2017, effective December 12, 2017.
Section 29 (1) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) Subject to this section, the director may award a witness a benefit in the category of benefits described as counselling benefits or expenses in section 4 (3) (a) of the Act only if the director is satisfied that the counselling services or expenses are reasonable and necessary to assist the witness in his or her recovery from the psychological injury that resulted from an eligible offence.
Section 30 (2) BEFORE amended by BC Reg 32/2012, effective March 8, 2012.
(2) For the purposes of subsection (1), the director may not pay an amount for prescription drugs that a victim obtains outside of British Columbia that is more than the amount payable under the Pharmacare Program operated by the Ministry of Health Services for that type of prescription drug.
Section 30 (2) BEFORE amended by BC Reg 73/2015, effective June 1, 2015.
(2) For the purposes of subsection (1), the director may not pay an amount for prescription drugs that a victim obtains outside of British Columbia that is more than the amount payable under the PharmaCare program established under the Continuing Care Programs Regulation, B.C. Reg. 146/95, for that type of prescription drug.
Section 32 (1) (a) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(a) the victim's death resulted from an eligible offence, and
Section 32 (1) (b) (iii) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(iii) the expense is reasonable and necessary.
Section 32 (2) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(2) The maximum that the director may pay under subsection (1) with respect to a victim's death is $2 500.
Section 34 (4) (a) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(a) the amount of the periodic payment he or she was receiving immediately before the reassessment or reconsideration, as the case may be, and
Section 34 (5) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(5) If, on a reassessment or reconsideration under the Act, it is determined that the injury of a former applicant is unchanged from the date when the amount of the periodic payment that is being reassessed or reconsidered was determined under the former Act, the applicant is eligible for a benefit that equals the amount of the periodic payment he or she was receiving immediately before the reassessment or reconsideration, as the case may be.
Section 36 (1) (part) and (3) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(1) If a former applicant was awarded compensation for pain and suffering under section 2 (4) (f) of the former Act, the former applicant may not receive the following benefits with respect to the injury for which he or she was awarded pain and suffering under the former Act:
(3) If a former applicant was awarded compensation for loss of love, guidance and affection under section 2 (4) of the former Act, the former applicant may not receive a benefit under section 4 (2) (g) of the Act with respect to the death for which he or she was awarded compensation under section 2 (4) (c) of the former Act.
Section 36 (1) (e) BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
(e) vocational services and expenses under section 4 (1) (e) of the Act, if the former applicant was unemployed at the time of his or her injury for which compensation was awarded.
Schedule 1 BEFORE re-enacted by BC Reg 270/2023, effective January 1, 2024.
Prescribed Offences
| Section of Criminal Code | Description of Offence |
| 64 | Riots |
| 72 | Forcible entry |
| 76 | Hijacking |
| 77 | Endangering safety of aircraft or airport |
| 78 | Offensive weapons and explosive substances |
| 80 | Breach of duty (duty of care of explosives) |
| 81 | Using explosives |
| 85 | Using firearm in commission of offence |
| 86 | Careless use of a firearm |
| 87 | Pointing a firearm |
| 151 | Sexual interference |
| 152 | Invitation to sexual touching |
| 153 | Sexual exploitation |
| 153.1 | Sexual exploitation disabled person |
| 155 | Incest |
| 163.1 | Child pornography |
| 170 | Parent or guardian procuring sexual activity |
| 180 | Common nuisance |
| 212 | Procuring |
| 215 | Failure to provide necessaries |
| 218 | Abandoning child |
| 220 | Causing death by criminal negligence |
| 221 | Causing bodily harm by criminal negligence |
| 235 | Homicide |
| 236 | Manslaughter |
| 237 | Infanticide |
| 238 | Killing unborn child in act of birth |
| 239 | Attempt to commit murder |
| 241 | Counselling or aiding suicide |
| 244 and 244.1 | Causing bodily harm with intent |
| 245 | Administering noxious thing |
| 246 | Overcoming resistance to commission of offence |
| 247 | Traps likely to cause bodily harm or death |
| 248 | Interfering with transportation facilities |
| 249 (1) (b) | Dangerous operation of vessel or towed object |
| 249 (1) (c) | Dangerous operation of aircraft |
| 251 | Unseaworthy vessel or unsafe aircraft |
| 253 | Impaired operation of vessel or aircraft |
| 262 | Impeding attempt to save life |
| 263 | Failure to safeguard opening in ice/excavation on land |
| 264 | Criminal harassment (stalking) |
| 264.1 | Uttering threats |
| 266 | Assault |
| 267 | Assault with a weapon or causing bodily harm |
| 268 | Aggravated assault |
| 269 | Unlawfully causing bodily harm |
| 269.1 | Torture |
| 270 | Assaulting a Peace Officer |
| 271 | Sexual assault |
| 272 | Sexual assault with a weapon, threats to a third party or causing bodily harm |
| 273 | Aggravated sexual assault |
| 273.3 | Removal of child from Canada |
| 279 and 279.1 | Kidnapping, forcible confinement, hostage taking |
| 280 | Abduction of person under 16 |
| 281 | Abduction of person under 14 |
| 282 | Abduction in contravention of custody order |
| 283 | Abduction |
| 344 | Robbery |
| 346 | Extortion |
| 423 | Intimidation |
| 430 (2) | Mischief causing actual danger to life |
| 433 | Arson |
| 436 | Arson by negligence |
| 437 | False alarm of fire |
Schedule 2, items 1 and 6 BEFORE repealed by BC Reg 270/2023, effective January 1, 2024.
| 1 |
| $40 | |||||||||
| 6 | A group counselling session provided by a counsellor, irrespective of the education, training and experience of the counsellor. | $15 | |||||||||
Schedule 2, items 2 to 5 BEFORE amended by BC Reg 270/2023, effective January 1, 2024.
| 2 |
| $60 | ||||||||||||||||||||||||||||
| 3 |
| $80 | ||||||||||||||||||||||||||||
| 4 | An individual counselling session provided by a counsellor who is not described in item 5 of this Schedule and who is a member in good standing and approved for private practice by the B.C. Registered Social Workers Association or an equivalent association in another jurisdiction. | $95 | ||||||||||||||||||||||||||||
| 5 | An individual counselling session provided by a counsellor who is a member in good standing of the B.C. Registered Psychologists Association or an equivalent association in another jurisdiction. | $105 | ||||||||||||||||||||||||||||