Victims of Crime Act Regulations

t VICTIMS OF CRIME ACT REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to November 25, 2023. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Regulations Table of Contents REGULATIONS Table of Contents Section Page 1. Definition ................................................................................................................................................. 5 2. Authorized organizations ......................................................................................................................... 5 3. Amount of surcharge ................................................................................................................................ 5 4. Amount of compensation – small claims ................................................................................................. 6 5. Sections of Criminal Code (Canada) ....................................................................................................... 6 6. Maximum amount of compensation ......................................................................................................... 6 7. Revocation ............................................................................................................................................... 6 SCHEDULE 7 SCHEDULE OF CRIMINAL CODE (CANADA) OFFENCES 7 c t Current to: November 25, 2023 Page 3 Regulations VICTIMS OF CRIME ACT CHAPTER V-3.1 REGULATIONS Pursuant to section 37 of the Victims of Crime Act R.S.P.E.I. 1988, Cap. V-3.1, Council made the following regulations: 1. Definition In these regulations, “Act” means the Victims of Crime Act R.S.P.E.I. 1988, Cap. V-3.1. (EC984/23) 2. Authorized organizations The following organizations are authorized to designate a representative as a member of the Advisory Committee under clause 6(1)(a) of the Act: (a) the Law Society of Prince Edward Island; (b) the PEI Advisory Council on the Status of Women; (c) the PEI Association of Chiefs of Police; (d) the Royal Canadian Mounted Police, “L” Division; (e) PEI Rape & Sexual Assault Centre Inc.; (f) PEI Family Violence Prevention Services Inc.; (g) Community Legal Information Association of Prince Edward Island Inc.; (h) Immigrant and Refugee Services Association PEI Inc; (i) Epekwitk Assembly of Councils Inc. (also known as the Mi’kmaq Confederacy of PEI). (EC984/23) 3. Amount of surcharge (1) For the purposes of subsection 9(2) of the Act, the amount of surcharge imposed under subsection 9(1) in respect of a conviction for an offence under an enactment is $25. Order of application (2) Money received by the court in respect of a conviction for an offence under an enactment shall be applied in the following order: (a) in payment of the surcharge; c t Current to: November 25, 2023 Page 5 Regulations (b) in payment of the fine. (EC984/23) 4. Amount of compensation – small claims For the purposes of subsection 15(3) of the Act, the prescribed amount of compensation in respect of small claims is $2,500. (EC984/23) 5. Sections of Criminal Code (Canada) For the purposes of clause 16(1)(a) of the Act, the prescribed sections of the Criminal Code (Canada) are those set out in column 1 of the Schedule to these regulations relating to the offences described in column 2 of the Schedule to these regulations. (EC984/23) 6. Maximum amount of compensation For the purposes of subsection 25(1) of the Act, the maximum amount of compensation that may be awarded to all applicants (a) in respect of the injury or death of one victim is $25,000; and (b) in respect of one occurrence is $50,000. (EC984/23) 7. Revocation The Victims of Crime Act Regulations (EC464/19) are revoked. (EC984/23) Page 6 Current to: November 25, 2023 t c Regulations SCHEDULE SCHEDULE OF CRIMINAL CODE (CANADA) OFFENCES ITEM COLUMN 1 COLUMN 2 Number Section Offence 1 65 taking part in a riot 2 76 hijacking an aircraft 3 77 endangering safety of an aircraft or airport 4 78 taking on board civilian aircraft offensive weapons or explosives 5 78.1 seizing control of a ship or fixed platform 6 80 failure to take reasonable care in respect of explosives where death or bodily harm results 7 81 intentionally causing bodily harm or death by explosive substance 8 86 careless use of firearm 9 87 pointing a firearm 10 151 sexual interference 11 152 invitation to sexual touching 12 153 sexual exploitation 13 153.1 sexual exploitation of a person with disability 14 155 incest 15 162 voyeurism 16 162.1 publication of an intimate image without consent 17 163.1 child pornography 18 170 parent or guardian procuring sexual activity 19 171.1 making sexually explicit material available to a child 20 172 corrupting children 21 172.1 luring a child 22 172.2 agreement or arrangement to commit sexual offence against a child 23 173 indecent act, exposure 24 180 common nuisance causing harm 25 182 neglect of or improper interference with dead body 26 215 failure to provide necessaries of life 27 218 abandoning a child 28 220 causing death by criminal negligence 29 221 causing bodily harm by criminal negligence 30 235 murder 31 236 manslaughter 32 237 infanticide 33 238 killing unborn child in act of birth 34 239 attempted murder 35 241 counselling or aiding suicide 36 242 neglect to obtain assistance in birth of a child 37 243 disposing of dead body of child to conceal delivery by mother c t Current to: November 25, 2023 Page 7 Regulations ITEM COLUMN 1 COLUMN 2 Number Section Offence 38 244 causing bodily harm with intent, firearm 39 244.1 causing bodily harm with intent, air gun or pistol 40 245 administering noxious thing (poison) 41 246 overcoming resistance to commission of an offence 42 247 setting traps likely to cause death or bodily harm 43 248 interfering with transportation facilities 44 249* dangerous operation of motor vehicles, vessels, and aircraft 45 249(1)(b)* dangerous operation of a vessel or towed object 46 252* failure to stop at scene of accident 47 253* operating while impaired 48 254* failure or refusal to provide sample 49 255* impaired driving causing bodily harm or death 50 262 impeding an attempt to save life 51 264 criminal harassment 52 266 assault 53 267 assault with a weapon or causing bodily harm 54 268 aggravated assault 55 269 unlawfully causing bodily harm 56 269.1 torture 57 270 assaulting a peace officer 58 270.01 assaulting a peace officer with a weapon or causing bodily harm 59 270.02 aggravated assault of a peace officer 60 271 sexual assault 61 272 sexual assault with a weapon, threats to a third party or causing bodily harm 62 273 aggravated sexual assault 63 273.3 removal of a child from Canada for sexual purpose 64 279 kidnapping, forcible confinement 65 279.01 trafficking in persons 66 279.011 trafficking of a person under 18 years of age 67 279.1 hostage taking 68 280 abduction of a person under 16 years of age 69 281 abduction of a person under 14 years of age 70 282 abduction in contravention of a custody order 71 283 abduction 72 320.13(1) dangerous operation of a conveyance 73 320.13(2) dangerous operation of a conveyance, causing bodily harm 74 320.13(3) dangerous operation of a conveyance, causing death 75 320.14(1) impaired operation of a conveyance 76 320.14(2) impaired operation of a conveyance, causing bodily harm 77 320.14(3) impaired operation of a conveyance, causing death Page 8 Current to: November 25, 2023 t c Regulations ITEM COLUMN 1 COLUMN 2 Number Section Offence 78 320.15(1) failure or refusal to comply with demand 79 320.15(2) failure or refusal to comply with demand, accident resulting in bodily harm 80 320.15(3) failure or refusal to comply with demand, accident resulting in death 81 320.16(1) failure to stop after accident 82 320.16(2) failure to stop after accident, accident resulting in bodily harm 83 320.16(3) failure to stop after accident, accident resulting in death 84 343 robbery 85 344 robbery with a restricted or prohibited firearm 86 348 breaking and entering with intent 87 423 intimidation 88 430(2) mischief causing actual danger to life 89 433 arson 90 436 arson by negligence *As that section read before December 18, 2018. (EC984/23) c t Current to: November 25, 2023 Page 9