Victims of Crime Act

t VICTIMS OF CRIME ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 29, 2026. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts 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 Victims of Crime Act Table of Contents VICTIMS OF CRIME ACT Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 PART I — STATEMENT OF PRINCIPLES 5 2. Declaration ............................................................................................................................................... 5 PART II — VICTIM SERVICES 6 3. Advisory Committee ................................................................................................................................ 6 4. Functions .................................................................................................................................................. 6 5. Annual report to Minister ......................................................................................................................... 7 6. Membership of Committee ...................................................................................................................... 7 7. Victim Services ........................................................................................................................................ 8 PART III — VICTIM ASSISTANCE FUND 8 8. Establishment of Fund ............................................................................................................................. 8 9. Application of surcharge .......................................................................................................................... 8 10. Other sources ........................................................................................................................................... 8 11. Use of Fund .............................................................................................................................................. 9 12. Administration of Fund ............................................................................................................................ 9 PART IV — CRIMINAL INJURIES COMPENSATION 9 13. Definitions................................................................................................................................................ 9 14. Application of Part ................................................................................................................................. 10 15. Administration ....................................................................................................................................... 10 16. Entitlement to compensation .................................................................................................................. 10 17. Limitation period for application ........................................................................................................... 11 18. Interim compensation ............................................................................................................................. 11 19. Compensation of last resort .................................................................................................................... 11 20. Determining compensation .................................................................................................................... 12 21. Failure to notify of change of address .................................................................................................... 12 22. Hearing ................................................................................................................................................... 12 23. Considerations in assessing claims ........................................................................................................ 13 24. Deductions ............................................................................................................................................. 13 25. Maximum award .................................................................................................................................... 14 26. Conditions of payment ........................................................................................................................... 14 27. Release of exhibits ................................................................................................................................. 15 28. Payment of compensation ...................................................................................................................... 15 29. Appeal .................................................................................................................................................... 15 30. Variation of award ................................................................................................................................. 15 31. Compensation not subject to garnishment ............................................................................................. 15 32. Civil proceedings ................................................................................................................................... 16 33. Offence and penalty ............................................................................................................................... 16 c t Current to: May 29, 2026 Page 3 Table of Contents Victims of Crime Act PART V — GENERAL 17 34. Act creates no cause of action ................................................................................................................ 17 35. Agreements with Canada ........................................................................................................................ 17 35.1 Definition, “victim services record” ....................................................................................................... 17 36. Annual report .......................................................................................................................................... 18 37. Regulations ............................................................................................................................................. 18 Page 4 Current to: May 29, 2026 t c PART I — STATEMENT OF PRINCIPLES Victims of Crime Act Section 1 VICTIMS OF CRIME ACT CHAPTER V-3.1 1. Definitions (1) In this Act (a) “Committee” means the Victim Services Advisory Committee established under section 3; (b) “conviction” includes a reprimand, conditional discharge, absolute discharge, and in relation to a young offender includes a finding of guilt; (b.1) “court” means the Provincial Court of Prince Edward Island or the Supreme Court of Prince Edward Island, as the case may be; (c) “Department” means the Department of Justice and Public Safety; (d) “enactment” means the Criminal Code (Canada) or other Federal statutes or Acts of the Legislature of Prince Edward Island; (e) “fine” includes any penalty payable in money; (f) “Fund” means the Victim Assistance Fund established under section 8; (g) “Minister” means the Minister of Justice and Public Safety and Attorney General; (h) “surcharge” means the surcharge imposed pursuant to section 9 on conviction under an enactment; (i) “victim” means a person who has suffered harm, including physical or mental injury, emotional suffering or economic loss, by reason of acts which are in violation of criminal laws. Administration (2) The Minister is responsible for the administration of this Act. Minister may delegate powers, etc. (3) The Minister may delegate in writing to an employee of the Department any of the powers, responsibilities and functions of the Minister under this Act as the Minister considers advisable. 1988,c.67,s.1; 1993,c.29,s.4; 1993,c.30,s.61; 1995,c.32,s.13; 1997,c.20,s.3; 2000,c.5,s.3; 2010,c.31,s.3; 2010,c.14,s.3; 2012,c.17,s.2; 2015,c.28,s.3; 2019,c.12,s.1; 2023,c.8,s.1. PART I — STATEMENT OF PRINCIPLES 2. Declaration The following principles are adopted for the guidance of persons in providing justice for victims of crime: c t Current to: May 29, 2026 Page 5 PART II — VICTIM SERVICES Section 3 Victims of Crime Act (a) victims should be treated with courtesy and compassion and with respect for their dignity, privacy and convenience; (b) victims should receive prompt and fair financial redress for the harm that they have suffered; (c) victims should be informed of and should have access to services including social, medical, legal and mental health assistance; (d) victims should be informed about the progress of the investigation and prosecution of the offence, court procedures, the role of the victim in court proceedings and the ultimate disposition of the proceedings; (e) victims are entitled, where their personal interests are affected, to have their views and concerns brought to the attention of the court where consistent with criminal law and procedure; (f) victims and their families should be protected from intimidation, retaliation and harassment; (g) victims should have their stolen property returned to them as soon as possible after recovery by law enforcement authorities; (h) victims are entitled to prepare a victim impact statement and have it considered by the court at sentencing; (i) victims are entitled to be informed about the offender’s status, including release dates, parole eligibility, and probation terms. 1988,c.67,s.2; 1999,c.47,s.1; 2019,c.12,s.2. PART II — VICTIM SERVICES 3. Advisory Committee There is established a committee to be known as the Victim Services Advisory Committee. 1988,c.67,s.3. 4. Functions (1) The Committee shall (a) review existing laws, policies and procedures and recommend changes to benefit victims; (b) assist law enforcement agencies, social agencies and other organizations with the development of guidelines that promote the principles set out in this Act relating to their role in respect of victims; (c) assist with establishing and updating procedures for the handling of complaints by victims; (d) assist with the research, development and distribution of information pertaining to the needs, rights and concerns of victims; (e) provide opportunities for research, discussion, and resolution of issues of concern to victims; and (f) advise on other matters that the Minister may refer to the Committee for consideration. Principles (2) In the performance of its functions the Committee shall be guided by and shall promote the principles set out in section 2. Page 6 Current to: May 29, 2026 t c PART II — VICTIM SERVICES Victims of Crime Act Section 5 Recommendations (3) The Committee may make recommendations to the Minister relating to (a) the development of policies and legislation respecting assistance to victims; (b) the provision of services, including criminal injuries compensation, to victims; and (c) any other matters that the Minister refers to the Committee for its recommendation. 1988,c.67,s.4; 1999,c.47,s.2. 5. Annual report to Minister The Committee shall make an annual report to the Minister on the activities of the Committee. 1999,c.47,s.3. 6. Membership of Committee (1) The Committee shall consist of not less than nine and not more than 20 members, composed of (a) one member representing each organization specified in the regulations, designated by the specified organization; (b) three or more members who are employees of Government, designated by the Minister; and (c) one or more members representing the general public, appointed by the Lieutenant Governor in Council. Representation (2) In addition to the representatives of the general public appointed under clause (1)(c), the membership of the Committee shall include representation from the following professions, groups and organizations: (a) Crown attorneys; (b) court clerks; (c) probation services; (d) law enforcement agencies; (e) the Law Society of Prince Edward Island; (f) community organizations. Reimbursement for expenses (3) Committee members shall not receive remuneration for their services but may receive reimbursement from the Fund of reasonable expenses incurred on behalf of the Committee. Assistance to Committee (4) The Minister shall provide executive, secretarial and any other assistance the Minister considers necessary to enable the Committee to carry out its functions. Term of public representative (5) A member appointed to the Committee under clause (1)(c) shall be appointed for a term of not more than three years and may be reappointed for a second term. Acting member (6) Where a member of the Committee referred to in clause (1)(a) or (b) is unable to carry out the member’s duties by reason of illness, absence or another reason, the person or body that c t Current to: May 29, 2026 Page 7 PART III — VICTIM ASSISTANCE FUND Section 7 Victims of Crime Act designated the member may designate another person to act as or be a member of the Committee in the place of the original member. Continuation of current members (7) Despite subsection (1), a member of the Committee who was appointed prior to the date on which this section comes into force continues as a member until the earlier of (a) the date on which the member’s appointment expires; and (b) the date on which the member resigns. 1988,c.67,s.6; 1993,c.22,s.1; 1993,c.30,s.61; 1999,c.47,s.4; 2023,c.8,s.2. 7. Victim Services The Minister shall establish and administer a program to be known as Victim Services, the purposes of which are (a) to assist victims as needed throughout their contacts with the criminal justice system; (b) to help victims to access other needed services; (c) to receive applications for criminal injuries compensation and investigate claims on behalf of the Minister; (d) to assist with the preparation and filing of victim impact statements; (e) to assist justice personnel and community agencies in providing services to victims; (f) to promote the Statement of Principles set out in section 2. 1999,c.47,s.5. PART III — VICTIM ASSISTANCE FUND 8. Establishment of Fund There is hereby established a fund to be known as the Victim Assistance Fund comprising money collected or received under section 9 or 10. 1988,c.67,s.8. 9. Application of surcharge (1) Where a person is convicted of an offence under an enactment, the court may impose a surcharge against the person and the surcharge shall be collected in the same manner as a fine, and where a fine has been imposed, the surcharge shall be collected before the fine. Amount of surcharge (2) The surcharge imposed under subsection (1) shall be the amount or proportion of the fine that is prescribed by the Lieutenant Governor in Council by regulation. No default for surcharge (3) A surcharge shall not be disposed of or satisfied by participation in a fine option program or by way of imprisonment in default of payment. 1988,c.67,s.9; 1999,c.47,s.6; 2019,c.12,s.3. 10. Other sources (1) Money from any person or source designated for use by the Fund shall be credited to the Fund and money received that is subject to conditions shall be disbursed pursuant to those conditions. Page 8 Current to: May 29, 2026 t c PART IV — CRIMINAL INJURIES COMPENSATION Victims of Crime Act Section 11 Gifts to the Crown (2) Donations designated for use by the Fund are gifts to the Crown and receipts shall be issued accordingly. 1988,c.67,s.10; 1999,c.47,s.7. 11. Use of Fund The Minister, or a person designated by the Minister, may authorize expenditures from the Fund for (a) salaries, expenses and other costs associated with Victim Services; (b) awards to eligible victims through a criminal injuries compensation program; (c) any other purpose the Minister considers necessary for carrying out the purposes of this Act. 1988,c.67,s.11; 1999,c.47,s.8. 12. Administration of Fund (1) The Fund shall be (a) administered by the Minister; (b) used for the purposes of this Act; and (c) accounted for separately in the Operating Fund. Administration of Deposit (2) Money that is received for or otherwise credited to the Fund shall be deposited with the Minister of Finance and Affordability for the account of the Fund. Fiscal year (3) The fiscal year of the Fund shall be the twelve month period ending on March 31 in any year. 1988,c.67,s.12; 1993,c.29,s.4; 1997,c.20,s.3; 1999,c.47,s.9; 2010,c.31,s.3; 2012,c.17,s.2; 2015,c.28,s.3; 2026,c.11,s.3. PART IV — CRIMINAL INJURIES COMPENSATION 13. Definitions In this Part (a) “applicant” means a person who makes an application for compensation under this Part; (b) “child” includes a child with respect to whom a victim stands in the place of a parent; (c) “dependant” means (i) a spouse or child of a victim, or (ii) any other person who was, in whole or in part, dependent upon the income of a victim at the time of the victim’s injury or death; (d) “designated person” means an employee of the Department to whom a power, responsibility or function of the Minister under this Part has been delegated pursuant to subsection 1(3); (e) “injury” means actual bodily harm and includes emotional trauma or pregnancy resulting from sexual assault and mental or nervous shock; c t Current to: May 29, 2026 Page 9 PART IV — CRIMINAL INJURIES COMPENSATION Section 14 Victims of Crime Act (f) “peace officer” has the same meaning as in section 2 of the Criminal Code (Canada) and includes a conservation officer appointed under the Wildlife Conservation Act R.S.P.E.I. 1988, Cap. W-4.1; (f.1) “police service” means a police service as defined in the Police Act R.S.P.E.I. 1988, Cap. P-11.1; (g) “victim” means a natural person injured or killed in circumstances set out in subsection 16(1). 1999,c.47,s.10; 2000,c.5,s.3; 2010,c.31,s.3; 2010,c.14,s.3; 2023,c.8,s.3. 14. Application of Part This Part applies in respect of claims for compensation arising from an injury or death resulting from an act that occurs after this Part comes into force. 1988,c.67,s.14. 15. Administration (1) The Minister shall administer this Part and shall be responsible for receiving applications and investigating claims for compensation. Application, etc. (2) The application and all necessary documentation shall be forwarded to a designated person. Small claims (3) Where a claim is for an amount up to the amount prescribed by regulation for small claims, a designated person may (a) determine eligibility and fix the amount of the claim; and (b) act on behalf of the Minister and make, or decline to make, an order for compensation. Claims other than small claims (4) Where a claim is for an amount greater than that prescribed for small claims pursuant to subsection (3), a designated person shall (a) examine the claim; and (b) make a recommendation in writing to the Minister regarding the making of an order for compensation and the amount of compensation. 1988,c.67,s.15; 1993,c.30,s.61; 1999,c.47,s.11. 16. Entitlement to compensation (1) Where any person is injured or killed by any act that occurred in the province and the injury or death directly resulted to the person (a) from the commission of an offence under any section of the Criminal Code (Canada) prescribed by the regulations; or (b) while the person was (i) arresting or attempting to arrest any offender or suspected offender, or assisting a peace officer in making or attempting to make an arrest, or (ii) preventing or attempting to prevent the commission of any offence or suspected offence, or assisting a peace officer in preventing or attempting to prevent the commission of any offence or suspected offence, the Minister, on receipt of an application in writing, may make an order in accordance with this Act for the payment of compensation Page 10 Current to: May 29, 2026 t c PART IV — CRIMINAL INJURIES COMPENSATION Victims of Crime Act Section 17 (c) to or for the benefit of the injured person; (d) to any person, in respect of financial loss suffered by or expenses incurred by that person as the result of the death or injury of the victim; or (e) to any one or more of the dependants of a victim. Exceptions (2) Subsection (1) does not apply (a) in respect of the injury or death of a peace officer occurring under circumstances entitling the officer or the officer’s dependants to compensation payable out of public money under any other provision of law; (b) where the victim is culpable in relation to the offence or at the time of the commission of the offence was engaged in unlawful activity. Reduced amount (3) Notwithstanding clause (2)(b), compensation of a lesser amount may be awarded having regard to the degree of victim culpability or of the engagement in unlawful activity. 1988,c.67,s.16; 1999, c.47,s.12; 2019,c.12,s.4. 17. Limitation period for application An application for compensation shall be made within one year after the date of the injury or death but the Minister, before or after the expiry of the one-year period, may extend the time for such further period as the Minister considers warranted. 1988,c.67,s.17. 18. Interim compensation (1) Where (a) the applicant is in immediate financial need; and (b) it appears to the Minister or a designated person that a compensation award will probably be granted, the Minister may order interim payments for financial expenses related to the victim’s injury or death. Interim payment up to small claim (1.1) Where an interim payment made pursuant to this section is for an amount up to the amount prescribed for small claims, a designated person may order the payment on behalf of the Minister. Idem (2) If compensation is not awarded, the amount paid pursuant to subsection (1) is not, in the absence of fraud or misrepresentation, recoverable from the applicant. 1988,c.67,s.18; 1999,c.47,s.13. 19. Compensation of last resort (1) Compensation pursuant to this Act is compensation of last resort. Compensation (2) Compensation may be awarded for c t Current to: May 29, 2026 Page 11 PART IV — CRIMINAL INJURIES COMPENSATION Section 20 Victims of Crime Act (a) reasonable expenses incurred or likely to be incurred as a result of the victim’s injury or death; (b) financial loss resulting from total, partial or temporary disability affecting the victim’s capacity for work; (c) financial loss to dependants resulting from the victim’s death; (d) pain and suffering; (e) maintenance of a child born as a result of sexual assault; (f) financial loss incurred in respect of grief or sorrow as a result of the victim’s death; (g) other financial loss resulting from the victim’s injury or death and any expense that in the opinion of the Minister or, in the case of a small claim, in the opinion of a designated person, was reasonable to incur. 1999,c.47,s.14; 2019,c.12,s.5. 20. Determining compensation Subject to this Act and the regulations, when assessing an award of compensation, a designated person (a) shall be guided by previous compensation awards made pursuant to this Act and the regulations; and (b) may consider awards made pursuant to similar criminal injuries legislation in other Canadian jurisdictions. 1999,c.47,s.15. 21. Failure to notify of change of address An applicant who moves to a new address and does not inform Victim Services of the new address shall, after a period of one year after the applicant’s last contact with Victim Services, be deemed to have withdrawn the application. 1999,c.47,s.16. 22. Hearing (1) Repealed by 1999,c.47,s.17. Powers (2) A designated person has all the powers of a commissioner under the Public Inquiries Act R.S.P.E.I. 1988, Cap. P-31. Evidence (3) A designated person may receive any statement, document, information or matter that may assist the designated person to deal effectively with the application, whether or not the statement, document, information or matter is given or produced under oath or would be admissible as evidence in any court of law. Compensation not dependent on a conviction (4) A designated person may recommend that an order for compensation be made whether or not any person is prosecuted for or determined to be guilty of the offence giving rise to the injury or death but the Minister or the Minister’s designate may delay making an order for compensation, in whole or in part, pending the final determination of a prosecution. Conviction as conclusive evidence (5) If a person is determined to be guilty of a criminal offence in respect of an act on which a claim under this Act is based, proof of the determination of guilt shall be taken as conclusive evidence that the offence has been committed. Page 12 Current to: May 29, 2026 t c PART IV — CRIMINAL INJURIES COMPENSATION Victims of Crime Act Section 23 Mental capacity of offender (6) Notwithstanding that a person for any reason is legally incapable of forming criminal intent, the person shall, for the purposes of this Act, be deemed to have intended an act that caused injury or death for which compensation is payable under this Act. 1988,c.67,s.22; 1999,c.47,s.17. 23. Considerations in assessing claims (1) A designated person, when examining and assessing a claim for compensation shall consider and take into account all the circumstances the designated person considers relevant, and shall take into account (a) any behavior of the victim or dependant that directly or indirectly contributed to the victim’s death or injury; (b) any provocation or imprudent behavior on the part of the victim or dependant that contributed to the victim’s death or injury; (c) the fact that the victim was engaged in unlawful behavior at the time of the victim’s death or injury; (d) the fact that a dependant was engaged in unlawful behavior, at the time of the victim’s death or injury, causally connected to the victim’s death or injury; (e) whether the victim’s or dependant’s past character and lifestyle contributed in whole or in part to the injury or death of the victim; and (f) previous criminal injuries compensation awarded to the victim. Co-operation of victim (2) A designated person may decline to recommend an order for compensation if the victim does not co-operate fully with law enforcement authorities or Victim Services. Reference to court (3) The Minister may refer any matter in relation to a claim to a judge of the Supreme Court where circumstances warrant the holding of a hearing before a judge. 1988,c.67,s.23; 1999,c.47,s.18; 2008,c.20,s.72(91). 24. Deductions (1) Subject to subsection (2), in assessing the amount of compensation, if any, to be awarded to an applicant, the designated person shall deduct (a) any amount recovered from the person whose act resulted in the injury or death, whether as damages, compensation or restitution pursuant to an action at law or otherwise; and (b) any benefits received or to be received (i) by the victim in respect of the injury, (ii) by the person who is responsible for the maintenance of the victim, or (iii) by the applicant in respect of the death of the victim, under an Act of Canada or of Prince Edward Island or of any other province other than benefits under a pension plan or program under such an Act; and (c) such other benefits received or to be received by the applicant or other person as the designated person considers reasonable. c t Current to: May 29, 2026 Page 13 PART IV — CRIMINAL INJURIES COMPENSATION Section 25 Victims of Crime Act Type of deduction to be used in calculation (1.1) In calculating deductions pursuant to subsection (1), the designated person shall make deductions only for the types of compensation contemplated by subsection 19(2). Non-deductible items (2) The Lieutenant Governor in Council may, by regulation, designate certain payments or amounts, or certain classes of payments or amounts, received or to be received by a victim or the dependants of a victim, that shall not be deducted by the designated person in assessing compensation under this Act. 1988,c.67,s.24; 1999,c.47,s.19. 25. Maximum award (1) The Lieutenant Governor in Council shall, by regulation, establish the maximum amount of compensation that may be awarded (a) to all applicants in respect of the injury or death of one victim; or (b) to all applicants in respect of one occurrence. Distribution (2) Subject to subsection 23(1), where a victim is killed as a result of circumstances mentioned in subsection 16(1) (a) the maximum award is payable; and (b) after deduction of funeral or other expenses, the maximum award shall be divided equally among all dependants who make application for compensation. Determination of occurrence (3) For the purposes of this section, a designated person may deem more than one act to be one occurrence where the acts have a common relationship in time and place. Calculation of award (4) Subject to subsection 23(1), where a victim is injured as a result of circumstances mentioned in subsection 16(1), when assessing the amount of the award, the designated person shall (a) calculate the total loss; (b) make deductions in accordance with section 24; and (c) apply the rules in this section relating to the maximum award. 1988,c.67,s.25; 1999,c.47,s.20; 2019,c.12,s.6. 26. Conditions of payment (1) An order for the payment of compensation may be made subject to such terms and conditions as the Minister thinks fit (a) with respect to the payment, disposition, allotment or apportionment of the compensation; or (b) as to the holding of the compensation or any part of the compensation in trust for the victim or the dependants, or any of them, whether as a fund for a class or otherwise. Idem (2) Any compensation payable for expenses under section 18 or 19 may, in the discretion of the Minister, be paid directly to the person entitled to the compensation. Page 14 Current to: May 29, 2026 t c PART IV — CRIMINAL INJURIES COMPENSATION Victims of Crime Act Section 27 Payment in trust (3) If a person entitled to an award under this Act is under the age of eighteen years or in the opinion of the Minister or a designated person requires assistance in managing the person’s own affairs, any amount payable may be paid to the person’s parent, spouse or guardian or to the Public Guardian and Trustee or may be paid to such other person or applied in such manner as the Minister or designated person considers in the best interests of such person, and amounts so paid shall be received and administered by the payee for the benefit of the person. 1988,c.67,s.26; 1999,c.47,s.21; 2023,c.8,s.4; 2023,c.35,s.43(2). 27. Release of exhibits The designated person shall, upon request, release documents or copies of documents to the lawful owner or the person entitled to possession of the documents or copies of the documents within a reasonable time after the matter in issue has been finally determined. 1988,c.67,s.27; 1999,c.47,s.22; 2023,c.8,s.5. 28. Payment of compensation (1) Compensation ordered to be paid shall be paid out of the Fund. Disposition of money received (2) Any money to which the Minister is entitled under section 32 shall be paid into the Fund. 1988,c.67,s.28. 29. Appeal Subject to section 30, a decision of the Minister is final except that an appeal lies, within thirty days of the date of the decision of the Minister, to a judge of the Supreme Court on any question of law. 1988,c.67,s.29; 1993,c.22,s.3; 2008,c.20,s.72(91). 30. Variation of award (1) Upon an application made within two years by any interested person or upon the Minister’s own initiative, the Minister may vary an order for compensation in such manner as the Minister thinks fit, whether as to the terms of the order or by increasing or decreasing the amount to be paid, or otherwise. Application (2) This Act, except section 17, applies to a variation under subsection (1) in the same manner as to an application for compensation. Documentation (3) A person who applies for a variation under subsection (1) must provide all relevant documentation within one year of applying for the variation or must state in writing why the documentation is not yet available or the application for a variation shall be dismissed. 1988,c.67,s.30; 1993,c.22,s.4; 1999,c.47,s.23. 31. Compensation not subject to garnishment An amount awarded as compensation paid or payable under this Act is not subject to execution, garnishment, attachment, seizure or any other legal process and the right to compensation under this Act is not assignable. 1988,c.67,s.31; 2019,c.13,s.7; 2023,c.8,s.6. c t Current to: May 29, 2026 Page 15 PART IV — CRIMINAL INJURIES COMPENSATION Section 32 Victims of Crime Act 32. Civil proceedings (1) Subject to subsections (2), (2.1), (3) and (4), nothing in this Act affects the right of any person to recover from any other person by civil proceedings damages in respect of the injury or death. Subrogation (2) The Minister is subrogated to all the rights of the person to whom payment is made under this Act to recover damages by civil proceedings in respect of the injury or death and may maintain an action in the name of that person against any person against whom such action lies, and any amount recovered by the Minister shall be applied (a) first, in payment of the costs actually incurred in the action and in levying execution; and (b) secondly, in reimbursement to the Fund of the value of the compensation awarded, and the balance, if any, shall be paid to the person whose rights were subrogated. Double recovery (2.1) Where compensation is paid pursuant to this Act, the Minister may recover the amount of compensation from any judgment, settlement, restitution, insurance or any other source from which money is paid to the victim or dependant of the victim in respect of the injury or death. Settlement of civil action (3) Any settlement or release does not bar the rights of the Minister under subsection (2) unless the Minister has concurred in it. Notice of civil action (4) An applicant or a person awarded compensation shall forthwith notify the Minister of any action that person has brought against the person who caused the injury or death of the victim. 1988,c.67,s.32; 1993,c.22,s.5; 1999,c.47,s.24; 2023,c.8,s.7. 33. Offence and penalty (1) A person who, in connection with a claim for compensation, knowingly (a) makes a false statement to the Minister or a person designated to act on the Minister’s behalf; or (b) misleads the Minister or a person designated to act on the Minister’s behalf is guilty of an offence and liable on summary conviction to a fine of not more than $500 and, in addition, is liable to repay to the Minister the amount of compensation received. Recovery of compensation awarded on false evidence (2) Where a person is convicted of an offence under subsection (1) and the Minister has made an award of compensation on the basis of the evidence of the convicted person, the Minister may recover from the person to whom the compensation was paid all or a portion of the compensation as a debt due the Government. 1988,c.67,s.33; 1999,c.47,s.25; 2022,c.62,s.69. Page 16 Current to: May 29, 2026 t c PART V — GENERAL Victims of Crime Act Section 34 PART V — GENERAL 34. Act creates no cause of action This Act does not create any civil cause of action, right to damages or any right of appeal on behalf of any person except the right of appeal under section 29. 1988,c.67,s.34. 35. Agreements with Canada (1) Subject to the approval of the Lieutenant Governor in Council, the Minister, acting on behalf of the Government, may enter into agreements with any Minister of the Crown, acting on behalf of the Government of Canada respecting, subject to such terms and conditions as are agreed upon, the payment by Canada to the province of such part of the expenditures required for the purposes of this Act, or such other agreements in support of the administration of this Act, as is agreed upon. Other agreements respecting disclosure of information (1.1) The Minister, acting on behalf of the Government, may enter into agreements with the Government of Canada, the Royal Canadian Mounted Police or any other police service respecting the disclosure of information reasonably required for the purposes of this Act. Amendment of agreements (2) Power to enter into any agreement under subsection (1) or (1.1) includes power, subject to the approval of the Lieutenant Governor in Council, to amend the agreement. 1988,c.67,s.35; 1993,c.22,s.6; 2022,c.62,s.69; 2023,c.8,s.8. 35.1 Definition, “victim services record” (1) In this section, “victim services record” means a record created by or for, or that is in the custody or under the control of, the Department for the purposes of assisting a person who is a victim or providing services to a victim under this Act. Right of access limited (2) Notwithstanding Part I of the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01, a person is not entitled to access to a victim services record unless the person is the victim to whom the record pertains. Right to request correction limited (3) Notwithstanding section 34 of the Freedom of Information and Protection of Privacy Act, a person is not entitled to request correction of personal information in a victim services record unless (a) the person is the victim whose personal information is contained in the victim services record; and (b) the personal information that is requested to be corrected is the personal information of the victim. Right to request review limited (4) Notwithstanding section 60 of the Freedom of Information and Protection of Privacy Act, a person is not entitled to request that the Information and Privacy Commissioner appointed under that Act review any decision, act or failure to act with respect to a request for access to a victim services record, or for correction of personal information in a victim services record, c t Current to: May 29, 2026 Page 17 PART V — GENERAL Section 36 Victims of Crime Act unless the person is the victim to whom the victim services record or the personal information pertains. Authority to act on behalf of victim limited (5) Notwithstanding the authority granted under section 71 of the Freedom of Information and Protection of Privacy Act, the authority of a person listed in that section to exercise a right or power on behalf of an individual who is a victim shall not be exercised with respect to a victim services record pertaining to that victim where the person authorized under section 71 has been convicted of harming the victim or, in the opinion of the Minister, the person authorized under section 71 is alleged to have caused the victim to suffer harm, including physical or mental injury, emotional suffering or economic loss, by reason of acts that are in contravention of criminal laws. 2023,c.8,s.9. 36. Annual report (1) The Minister shall make an annual report on the administration of this Act. Content of report (2) The annual report shall include (a) a copy of the report of the Committee on its activities; (b) a report on the operation of Victim Services; (c) a report on the operation of the criminal injuries compensation program; (d) the financial statements of the Fund. Report to be tabled (3) The Minister shall table the report in the Legislative Assembly as soon as is practicable. 1988,c.67,s.36; 1999,c.47,s.26; 2019,c.12,s.8. 37. Regulations The Lieutenant Governor in Council may make regulations (a) specifying organizations that are authorized to designate a representative as a member of the Committee under clause 6(1)(a); (b) prescribing the amount of the surcharge to be imposed under subsection 9(1); (c) providing that where money is received by a court official in respect of a conviction for an offence under an enactment, it shall be applied first to the payment of the surcharge; (d) prescribing the small claims amount for the purposes of subsection 15(3); (e) specifying sections of the Criminal Code for the purposes of section 16; (f) designating payments or amounts, or classes of payments or amounts, that shall not be deducted pursuant to section 24 in assessing compensation; (g) establishing the maximum amount of compensation that may be awarded pursuant to subsection 25(1). 1988,c.67,s.37; 2023,c.8,s.10. Page 18 Current to: May 29, 2026 t c