|This is an unofficial archived version of The Criminal Injuries Compensation Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. C305
The Criminal Injuries Compensation Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"board" means The Criminal Injuries Compensation Board continued under this Act or designated under this Act; ("Commission")
"child" includes a child with respect to whom a victim stands in loco parentis; ("enfant")
"dependant" means a spouse, child or other relative of a deceased victim who was, in whole or in part, dependant upon the income of the victim at the time of his death and includes a child of the victim born after his death; ("personne à charge")
"injury" means actual bodily harm and includes pregnancy and mental or nervous shock; ("blessure")
"victim" means a person to whom or in respect of whom compensation is or may be payable under this Act. ("victime")
A person shall be deemed to be a spouse for the purposes of this Act if, although not married to the other person, he cohabits with another person as man and wife and they are known as such in the community where they live and if
(a) the relationship is of some permanence; and
(b) a legal impediment exists to their marriage.
Notwithstanding that a person for any reason is legally incapable of forming a criminal intent, he shall, for the purposes of this Act, be deemed to have intended an act or omission that caused injury or death for which compensation is payable under this Act.
The Criminal Injuries Compensation Board is hereby continued.
The board shall be composed of three members appointed by the Lieutenant Governor in Council, one of whom shall be named as chairman and another who shall be named as vice-chairman.
One of the members of the board shall be a barrister and solicitor.
A member of the board who is not an employee of the Government may be paid such remuneration for his services and such allowances for travelling and other expenses as the Lieutenant Governor in Council may determine.
The chairman is the chief executive officer of the board and shall, subject to subsection 4(3), preside at all meetings, inquiries and hearings of the board.
Except as otherwise provided in this Act or the regulations, the board may determine its own procedure.
Two members of the board constitute a quorum for the transaction of business.
Notwithstanding subsection (2), a single member may deal with an application for compensation under this Act and when this occurs the member shall report fully thereon to the board; and the board may thereupon deal with the application as if it had been considered by the full board.
The board and each member thereof has, for the purposes of this Act, all the powers of commissioners appointed under Part V of The Manitoba Evidence Act.
Where a person is injured or killed and the injury or death
(a) was caused by any act or omission of another person that occurred in Manitoba and is within the description of any of the criminal offences set out in Schedule 1 ; or
(b) resulted to the person while he was endeavouring to
(i) arrest any person or preserve the peace, or
(ii) assist a peace officer in carrying out his duties with respect to law enforcement, in Manitoba, or
(iii) prevent lawfully the commission of a criminal offence or suspected criminal offence;
the board may upon receipt of an application in writing make an order in accordance with this Act for the payment of compensation
(c) to or for the benefit of the injured person;
(d) to a person, in respect of pecuniary loss suffered or expenses incurred by the person, as the result of an injury to a victim where the maintenance of the victim is the responsibility of the person; or
(e) to any one or more of the dependants of a victim.
Except as may be otherwise permitted by this Act, the board shall not make an order for compensation
(a) where the application for compensation is made after the expiration of two years from the date of the injury or death, as the case may be;
(b) where the crime of violence giving rise to the claim was not reported within a reasonable time after the happening thereof to the proper law enforcement officers, or, if reported, the claimant did not render the assistance in the apprehension of the offender as he might reasonably be expected; or
(c) where the victim participated in, or was in collusion with the person committing, the crime as a result of which the injury to or the death of the victim occurred; or
(d) where, in the opinion of the board, the person who committed the crime as a result of which the injury to or the death of the victim occurred would benefit directly from any compensation granted under this Act.
Notwithstanding subsection (2), the board may, where it is satisfied that because of extenuating circumstances an application was not made within two years, extend the time for applying for compensation.
A person who otherwise qualifies for compensation under this Act shall not be refused compensation on the ground that the victim is not or was not ordinarily resident within the province at the time of the injury or death.
The board may deal with an application for compensation notwithstanding
(a) that at the time of the application no charge was laid against the alleged offender; or
(b) that a charge was laid but was withdrawn or dismissed.
Where the person injured is, at the time of the injury, an inmate of a penitentiary or a correctional institution, the board may make an order in respect of any disability arising from the injury but no payment shall be made for that disability in respect of any period prior to the day on which the person is released from the penitentiary or the correctional institution.
The board shall, upon receipt of an application for the payment of compensation, fix a time and place for the hearing of the application and shall cause written notice thereof to be given to the applicant and to any other party that the board considers to be interested in the proceedings.
Where a person entitled to apply for the payment of compensation
(a) is an infant, the application may be made on his behalf by his parent or guardian or by such person as the board may direct; or
(b) is a person of unsound mind, the application shall be made on his behalf by his committee or, if the person has no committee, by such person as the board may direct.
Where any notice in respect of the hearing of an application for the payment of compensation is required to be served
(a) on a person of unsound mind for whom no committee or guardian has been appointed, the notice may be served upon the Public Trustee and from the time of the service the Public Trustee shall attend actively to the interests of that person before the board; or
(b) on an inf nt who is residing at the home of his parents or guardian, the notice may be served upon either of the parents or on the guardian and from the time of the service the parent or guardian shall attend actively to the interests of the infant before the board.
Subject to subsection (2), the hearing by the board of an application for the payment of compensation shall, except where the board considers that the hearing or part thereof should be held in camera, be open to the public.
All hearings by the board of an application for the payment of compensation shall be held in camera where
(a) the person whose act or omission caused the injury or death has not been charged with a criminal offence or, if charged, was not convicted of any criminal offence;
(b) it would not be in the interests of the victim, or of the dependants of the victim, of an alleged sexual offence to hold the hearings in public; or
(c) it would not be in the interest of the public morality to hold the hearings in public.
Any person having an interest in or affected by an application for compensation may appear and be represented by counsel.
The board may receive in evidence any statement, document, information or matter that, in its opinion, may assist it to deal efficiently with the matter before it, whether or not the statement, document, information or matter would be admissible as evidence in any court of law.
If a person is convicted of a criminal offence in respect of an act or omission on which a claim under this Act is based, proof of the conviction shall, after the time for an appeal has expired or if an appeal was taken, it was dismissed and no further appeal is available, be taken as conclusive evidence that the offence has been committed.
The board, in making or in declining to make an order for the payment of compensation, shall consider and take into account all such circumstances as it considers relevant to the making of the order and, without limiting the generality of the foregoing, the board shall consider and take into account the character of the applicant and the victim, and any behaviour that directly or indirectly contributed to the injury or death of the victim.
The board may decline to make an order for compensation if the injured person does not co-operate fully with the board and, in particular if he
(a) refuses to submit to a medical examination by a duly qualified medical practitioner appointed by the board: or
(b) refuses to testify under oath at the hearing by the board.
Compensation may be awarded by the board in respect of any one or more of the following matters;
(a) expenses actually and reasonably incurred as a result of the victim's injury or death and any other expenses that, in the opinion of the board, it was necessary to incur;
(b) maintenance of a child born as a result of sexual assault;
(c) other pecuniary loss resulting from the victim's injury.
The board shall not make an order for the payment of compensation
(a) for loss of or damage to property, except clothing, eye-glasses or other like property on the person of the victim;
(b) for loss of any money on the person of the victim or kept by the victim in any place;
(c) in respect of offences arising out of the operation of a motor vehicle, except as provided in subsection (3); or
(d) where the amount of compensation to be awarded is less than $150.
Where a person is killed and the death is a direct result of an act or omission of another person that occurred in Manitoba and is within the description of any of the criminal offences set out in Schedule 2, a person who is a spouse of the deceased person is, subject to all the other requirements of this Act, eligible to be paid compensation.
In an order for the payment of compensation, the board may provide for all or part of the cost of measures to rehabilitate or retrain the victim.
Subject to the regulations, in determining the amount of compensation, if any, to be awarded to an applicant, the board shall deduct
(a) any amount paid or payable at the time the award is made
(i) to the victim in respect of his injury, or
(ii) to his dependants in respect of the death of the victim, in respect of the disability or death of the victim under The Workers Compensation Act, the Canada Pension Plan (Canada), the Unemployment Insurance Act (Canada) or under any other Act of Parliament or of the Legislature or of the legislature of any other province or territory of Canada;
(b) any amount recovered from the person whose act or omission resulted in the injury or death, whether as damages or compensation, pursuant to an action at law or otherwise; and
(c) any benefits received by the victim or the dependants of the deceased victim as a result of the injury or death through any accident or sickness or life insurance or compensation schemes.
The board may, with respect to any hearing, inquiry or other proceeding under this Act, make such order as to costs as it thinks fit.
Any compensation or other amount awarded as costs paid or payable under this Act are not subject to garnishment or attachment or seizure or any legal process and is not assignable.
Subject to this Act and the regulations, where the board makes an order for the payment of compensation it may award such amount as it thinks fit and compensation so awarded may be a lump sum or periodical payments during such period as the board thinks fit, or both.
An order for the payment of compensation may be made subject to such terms and conditions as the board thinks fit
(a) with respect to the payment, disposition, allotment or apportionment of the compensation to or for the benefit of the victim or the dependants, or for any other person, or any of them; or
(b) as to the holding of the compensation or any part thereof in trust for the victim or the dependants, or any of them, whether as a fund for a class or otherwise.
Any compensation payable for expenses under section 12 may, in the discretion of the board, be paid directly to the person entitled thereto.
Where the board makes an order for the payment of compensation, a copy of the order shall be sent by the board to the Attorney-General.
Where pursuant to section 21 an appeal from an order or decision of the board is taken to the Court of Queen's Bench, the board shall provide the court and all parties having an interest in the appeal with written reasons for the orders or decision that is appealed.
An applicant for or a person awarded compensation shall forthwith notify the board of an action he has brought against the offender who caused the injury or death of the victim.
The Attorney-General may request an applicant for or a person awarded compensation to bring any action against the offender who caused the injury or death of the victim, and if he fails to do so within the time specified by the Attorney-General, the action may be commenced in his name and on his behalf by the Attorney-General.
The consent of the board shall be obtained to any settlement between
(a) a person injured or a dependant of a person killed who is an applicant for or has been awarded compensation; and
(b) the offender who caused the injury or death; and a settlement without that consent is void.
If an applicant for or a person awarded compensation fails to bring or prosecute an action or fails to co-operate with the Attorney-General in an action brought on his behalf, the board
(a) may decline to award compensation; or
(b) may, where compensation was previously awarded, reduce or revoke the award.
Where compensation is awarded to a person injured or to a dependant of a person killed and the person or a dependant receives money from the offender who caused the injury or death pursuant to a judgment in an action brought against the offender or by a settlement or otherwise, that money shall be applied
(a) firstly, in payment of the legal costs and fees incurred in obtaining the money; and
(b) secondly in reimbursing the Crown in the amount of the value of the compensation ordered by the board together with the reasonable costs incurred by or for the board in dealing with the application and making the order for compensation;
and the balance, if any, goes to the person or dependants by or for whom the money was recovered.
The board may reduce or discontinue any monthly compensation payments to a person injured or a dependant of a person killed where he has received any money from the offender who caused the injury or death.
Any compensation required to be refunded under subsection (1) may be recovered by the Attorney-General as a debt due to the Crown in right of Manitoba.
Where a person is convicted of an offence under section 22 and the board has made an award of compensation on the basis of the evidence of the convicted person, the Attorney-General may recover from the person to whom the compensation was paid all or a portion of the compensation as a debt due to the Crown in right of Manitoba.
The board may at any time of its own motion or on the application of the Attorney-General or the victim or any dependant or the offender, vary an order for payment of compensation in such manner as the board thinks fit, whether as to terms of the order or by increasing or decreasing the amount ordered to be paid, or otherwise.
In dealing with an application under subsection (1), the board shall consider
(a) any new evidence that has become available;
(b) any change of circumstances that has occurred since the making of the order or any variation thereof, as the case may be, or that is likely to occur, and
(c) any other matter the board considers relevant.
Upon a question of jurisdiction or a question of law, an appeal lies from an order or decision of the board to the Court of Queen's Bench.
Except as provided in subsection (1), there is no appeal from an order or decision of the board and its proceedings, orders and decisions are not reviewable by any court of law or by certiorari, mandamus, prohibition, injunction or other proceeding.
A person who, in any hearing, inquiry or other proceeding under this Act,
(a) except through inadvertence, makes a false statement to the board or a member thereof; or
(b) misleads or attempts to mislead the board;
is guilty of an offence and liable on summary conviction to a fine of not less than $100. and not more than $500. and in default of payment to imprisonment for a term not exceeding 60 days.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made pursuant to, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations
(a) prescribing the procedure to be followed in respect of applications to the board and in respect of any proceedings under this Act, including the procedure for the service of notices and documents;
(b) prescribing fees to be paid in respect of applications or proceedings under this Act;
(c) subject to any other provision of this Act, fixing the maximum amount of compensation that may be awarded with respect to any application.
The Lieutenant Governor in Council may amend Schedule 1 or 2 by adding thereto or deleting therefrom a description of any criminal offence set out therein.
Subject to subsection 11(1), to section 12, and to subsection (2), where a victim or his dependents are entitled to benefits under this Act, the benefits shall be determined in an amount equivalent to the benefits that would have been payable had the victim been a workman within the meaning of The Workers Compensation Act as amended heretofore or hereafter, who had been injured in the course of his employment, except that no payment shall be made with respect to medical and hospital benefits that are payable by any public or private scheme.
Where, at the time of the incident which gives rise to benefits under this Act,
(a) the victim was not working; or
(b) the average earnings of the victim were below the amount he would have earned if he had been steadily employed at the minimum wage rate then prevailing under the law of Manitoba;
for the purpose of determining the benefits that would have been payable under The Workers Compensation Act as amended heretofore or hereafter he shall be conclusively deemed to have been steadily employed at the minimum wage rate then prevailing under the law of Manitoba.
The costs of administering this Act shall be paid out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.
Any compensation or amount refunded or repaid under this Act shall be deposited in the Consolidated Fund.
Notwithstanding anything contained in this Act or in any other Act of the Legislature, the Lieutenant Governor in Council may designate any board established under any Act of the Legislature to be the board for the purposes of this Act; and where a board is so designated sections 2 and 3 and subsection 7(1) do not apply to that board.
In this section, "panel" means a medical review panel or the neurosis review panel, as the case requires, and where a medical matter does not relate to neurosis or psycho-neurosis, a reference of the matter under this section by the board shall be to a medical review panel, and where a medical matter relates to a neurosis or a psycho-neurosis, a reference of the matter under this section by the board shall be to the neurosis review panel.
Where in any application under this Act a medical matter arises in which the board desires a further opinion, the board may refer the matter to a panel for its opinion in respect of the matter.
Where in any application under this Act the opinion of a duly qualified medical practitioner appointed by the board in respect of a medical matter differs from the opinion in a certificate in respect of that matter of the duly qualified medical practitioner selected by the applicant, the board shall, on the written request of the applicant, refer the matter to a panel for its opinion in respect of the matter.
Where a matter is referred to a panel, the panel shall invite any medical practitioner who gave a certificate under subsection (3) to attend a meeting of the panel to discuss the matter and his opinion in respect thereof, and may examine the victim involved in the application and may invite other duly qualified medical practitioners and persons to attend a meeting of the panel to discuss the matter and their opinions in respect thereof.
A panel to which a matter is referred under this section shall give its opinion in writing to the board which shall send a copy thereof to the applicant concerned and any duly qualified medical practitioner who gave a certificate under subsection (3) in respect of the matter.
Where a matter is referred to a panel for its opinion, the opinion of a majority of the members of the panel is the opinion of the medical review panel, but, if there is not an opinion common to the majority of the members of the panel, the opinion of the chairman of the panel shall be deemed to be the opinion of the panel.
Where the board desires, or is required, to refer a medical matter to a medical review panel, the board shall notify the Manitoba Medical Association and that Association shall, within 15 days of being so notified, appoint a medical review panel consisting of three duly qualified medical practitioners specially skilled in the medical matter to consider and give its opinion on the medical matter and shall designate one of the duly qualified medical practitioners as the chairman of the medical review panel.
The persons who are from time to time members of the neurosis review panel appointed by The Workers Compensation Board under The Workers Compensation Act are ex officio members, of a neurosis review panel for the purposes of this Act.
Each member of a panel shall be paid such remuneration as may be approved by the board and any travelling or out-of-pocket expenses incurred by him in performing his duties on the panel.
A panel may determine its own rules of procedure.
The opinion of a panel as to a medical matter is final and binding on the board and on any applicant concerned.
Not later than 90 days after the end of each fiscal year of the board, the board shall make a report to the minister on the administration of this Act during that fiscal year and the minister shall forthwith lay the report before the Assembly if the Legislature is then in session and, if the Legislature is not then in session, he shall lay the report before the Assembly within 15 days of the beginning of the next ensuing session.
|Section of Criminal Code||Description of Offence|
|66||taking part in a riot|
|76.1||hijacking of aircraft|
|76.2||endangering safety of aircraft in flight and rendering an aircraft incapable of flight|
|76.3||taking on board a civilian aircraft offensive weapons and explosive substances|
|78||failure to take reasonable care in relation to explosives where death or bodily harm results|
|79||causing explosion of explosive substances with intent to do bodily harm or endanger life|
|84||unlawful pointing of firearm; careless use, carriage, handling etc. of firearm or ammunition|
|146||sexual intercourse with female under age 14; sexual intercourse with female between 14 and 16|
|176||common nuisance causing physical injury|
|197||failure to provide necessaries of life|
|200||abandoning child and endangering its life|
|203||causing death by criminal negligence|
|204||causing bodily harm by criminal negligence|
|228||causing bodily harm with intent|
|229||administering poison or other destructive or noxious things|
|230||overcoming resistance to commission of offence|
|231||traps likely to cause bodily harm|
|233 (as to vessels and aircraft only)||dangerous operation of vessel or aircraft; dangerous operation of vessel or aircraft causing bodily harm; dangerous operation of vessel or aircraft causing death|
|237 (as to vessels and aircraft only)||operation of vessel or aircraft while impaired by alcohol or with more than 80 mgs. of alcohol in 100 millilitres of blood|
|243.2||impeding attempt to save life|
|245.1||assault with weapon; assault causing bodily harm|
|245.3||unlawfully causing bodily harm|
|246||assault on public or peace officers, persons enforcing, etc.|
|246.2||sexual assault with weapon, threats to a third party, causing bodily harm|
|246.3||aggravated sexual assault|
|247||kidnapping, illegal confinement|
|381||intimidation by violence (ss (1) para, (a))|
|387(2)||mischief causing actual danger to life|
|392||causing fire resulting in loss of life|
|393||false fire alarm|
|Section of Criminal Code||Description of Offence|
|233 (as to motor vehicles only)||dangerous operation of motor vehicle; dangerous operation of motor vehicle causing bodily harm; dangerous operation of motor vehicle causing death|
|237 (as to motor vehicles only)||operation of motor vehicle while impaired by alcohol or with more than 80 mgs. of alcohol in 100 millilitres of blood|