Bill 146, Compensation for Victims of Crime and Solicitors Statute Law Amendment Act, 2001

Versions

Bill 146 2001

An Act to amend the
Compensation for Victims of Crime Act
and the Solicitors Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. (1) Clause 5 (a) of the Compensation for Victims of Crime Act is repealed and the following substituted:

(a) the commission of a crime of violence constituting an offence against the Criminal Code (Canada), including poisoning, arson, criminal negligence and an offence under section 86, 220 or 221, subsection 249 (3), (4) or 249.1 (3), section 253 or subsection 255 (2) or (3) of that Act;

(2) Subsection 14 (2) of the Act, as enacted by the Statutes of Ontario, 2000, chapter 26, Schedule A, section 4, is repealed and the following substituted:

Exception

(2) An applicant who is injured or killed by any act or omission in Ontario of any other person occurring in or resulting from the commission of an offence described in section 220 or 221, subsection 249 (3), (4) or 249.1 (3), section 253 or subsection 255 (2) or (3) of the Criminal Code (Canada), is not eligible to receive interim payments under subsection (1) unless they are made in accordance with the regulations made under this Act and do not exceed the amounts specified in the regulations.

Recoverability of amounts

(3) Interim payments made to the applicant,

(a) are recoverable, at the Board's discretion, in accordance with the regulations made under this Act, if they are made under subsection (2);

(a) are not recoverable from him or her even if compensation is not awarded afterwards, if they are not made under subsection (2).

(3) Section 28 of the Act is amended by adding the following clauses:

(c.1) governing the procedure, time and conditions for the payment of interim payments of compensation under subsection 14 (2) and the maximum amount of the payments;

(c.2) governing the procedure, time and conditions for the recovery of interim payments of compensation under clause 14 (3) (a);

2. The Solicitors Act is amended by adding the following section:

Limits on commission or percentage

19.1 (1) The amount of the commission or percentage in an agreement made under subsection 16 (1) shall not exceed the amount or percentage specified by the regulations made under subsection (2).

Regulations

(2) The Lieutenant Governor in Council may make regulations specifying a maximum amount or percentage for the purpose of subsection (1).

Commencement

3. This Act comes into force on the day it receives Royal Assent.

Short title

4. The short title of this Act is the Compensation for Victims of Crime and Solicitors Statute Law Amendment Act, 2001.

EXPLANATORY NOTE

The Bill amends the Compensation for Victims of Crime Act to allow victims of motor vehicle offences under the Criminal Code (Canada), such as impaired driving, to apply for compensation under the Act. At present, victims of those offences are not allowed to apply for compensation under the Act. Payments of interim compensation under the Act are subject to the limitations specified by the regulations made under the Act if the applicant is injured or killed in Ontario resulting from the commission of an offence described in section 220 or 221, subsection 249 (3), (4) or 249.1 (3), section 253 or subsection 255 (2) or (3) of the Criminal Code (Canada).

The Bill amends the Solicitors Act to allow regulations made under the Act to regulate the amount of commission or percentage in agreements for the payment of a solicitor's services.