This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
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Criminal Injuries Compensation Regulations

made under Section 14 of the

Victims' Rights and Services Act

S.N.S. 1989, c. 14

and

Clause 4(1)(b) of the

Utility and Review Board Act

S.N.S. 1992, c. 11

O.I.C. 94-119 (February 15, 1994, effective April 28, 1992), N.S. Reg. 24/94

as amended up to O.I.C. 2009-356 (August 26, 2009), N.S. Reg. 270/2009

 

1     These regulations may be cited as the Criminal Injuries Compensation Regulations.

 

2     (1)    An application for compensation pursuant to subsection 11A(1) of the Act shall be in a form prescribed by the Director.

Subsection 2(1) amended: O.I.C. 2000-333, N.S. Reg. 111/2000.

 

       (2)    An application for compensation shall be accompanied by an authorization to release information in a form prescribed by the Director.

Subsection 2(2) amended: O.I.C. 2000-333, N.S. Reg. 111/2000.

 

       (3)    An application for compensation shall be accompanied by receipts for expenses and other documentation or reports as the Director may require to substantiate the claim.

 

       (4)    An application for compensation is deemed to be filed on the date the completed application is received in the office of the Criminal Injuries Compensation Program.

Subsection 2(4) added: O.I.C. 2000-333, N.S. Reg. 111/2000.

 

3     (1)    Where the Director requests a medical doctor, dentist, psychologist, or other health professional to provide a medical report, the medical doctor, dentist, psychologist or other health professional shall provide the medical report to the Director.

 

       (2)    The maximum fee payable in respect of a report provided pursuant to subsection (1) shall be $100.00.

 

4     The Director may request a police department or police agency to provide information concerning the circumstances of an offence or alleged offence which is the subject of an application to the Director, including but not limited to statements and Confidential Instructions for Crown, and the police department or police agency shall provide the information to the Director.

Section 4 amended: O.I.C. 2000-333, N.S. Reg. 111/2000.

 

5     (1)    This Section applies to compensation for counselling services other than for victims of homicide provided for in Section 5A.

Subsection 5(1) added: O.I.C. 2009-356, N.S. Reg. 270/2009.

 

       (1A) Compensation for the following counselling services may be awarded by the Director to a maximum of $85.00 per hour to a total of $2000.00 over a maximum period of 2 years from the date of award:

 

                (a)    individual counselling by a counsellor approved by the Director;

 

                (b)    group counselling and alternative therapeutic approaches as approved by the Director, and when recommended by an approved counsellor as a component of the approved counsellor’s treatment plan.

Subsection 5(1) replaced: O.I.C. 2008-185, N.S. Reg. 242/2008; renumbered (1A): N.S. Reg. 2009-356, N.S. Reg. 270/2009.

 

       (2)    Notwithstanding subsection 11A(4) of the Act, the Director may award compensation where the amount of the claim exceeds $50.00.

Subsection 5(2) amended: O.I.C. 2000-333, N.S. Reg. 111/2000.

 

       (3)    The Director shall not award compensation for any expense or pecuniary loss that was incurred more than one year prior to the date of filing of an application for compensation.

 

       (4)    Where an applicant is in actual financial need and it appears to the Director that the Director will probably award compensation to the applicant, the Director may direct that interim payments be made in respect of counselling and, if compensation is not awarded, the amount so paid shall not, in the absence of fraud or misrepresentation, be recoverable from the applicant or counsellor.

Subsection 5(4) added: O.I.C. 2000-333, N.S. Reg. 111/2000.

 

5A  (1)    Compensation for the following counselling services may be awarded by the Director to an immediate family member of a victim of an offence that falls within the definition of homicide in the Criminal Code (Canada) and is prescribed in the Schedule to the Act, to a maximum of $85.00 per hour to a total of $4000.00 over a maximum period of 2 years from the date of the award:

 

                (a)    individual counselling by a counsellor approved by the Director;

 

                (b)    group counselling and alternative therapeutic approaches as approved by the Director, and when recommended by an approved counsellor as a component of the approved counsellor’s treatment plan.

 

       (2)    If the prosecution of a person or persons accused of committing a homicide is not completed 1 year from the date of the award, and the maximum total of $4000.00 has not been expended, the Director may continue to provide compensation for the counselling services in subsection (1) for 1 year from the date the prosecution is completed.

Section 5A added: O.I.C. 2009-356, N.S. Reg. 270/2009.

 

5B   An applicant for compensation may appeal a decision of the Director to the person or tribunal hearing the appeal on any question as to law or the jurisdiction of the Director but no other question.

Section 5A added: O.I.C. 2000-333, N.S. Reg. 111/2000; renumbered 5B: O.I.C. 2009-356, N.S. Reg. 270/2009.

 

6     (1)    Pursuant to clause (b) of subsection (1) of Section 4 of the Utility and Review Board Act and for the purpose of Section 11L of the Act, an appeal from a decision of the Director shall be to the Nova Scotia Utility and Review Board.

 

       (2)    An appeal pursuant to subsection (1) of Section 6 may be brought by filing a notice of appeal, in a form prescribed by the Director, with the Clerk of the Board within 30 days of receipt of an award or decision of the Director.

Subsection 6(2) amended: O.I.C. 2000-333, N.S. Reg. 111/2000.

 

       (3)    A notice of appeal shall be served by the applicant on the Director within 30 days of receipt of the award or decision of the Director.

 

       (4)    Service on the Director may be effected by filing a copy of the notice of appeal with the Director.

 

7     (1)    The Board, on appeal, may receive in evidence any statement, document, information or matter that in its opinion may assist it to deal effectively with the matter before it, 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.

 

(2)The Board may determine its own procedure for the hearing of an appeal.


8     (1)    All appeal hearings shall be open to the public except where

 

                (a)    the person whose act or omission caused the injury or death has not been charged with a criminal offence or, if charged, has not been convicted of any criminal offence;

 

                (b)    the Board determines 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)    the Board determines that it is in the interests of the parties or in the public interest not to hold the hearings in public.

 

       (2)    Where the Board considers it necessary for one or more of the reasons mentioned in subsection (1),

 

                (a)    the Board may make an order prohibiting publication of any report or account of the whole or any part of the evidence at the hearing of an appeal; and

 

                (b)    in making an order pursuant to this subsection the Board shall have regard to the desirability of permitting the public to be informed of the principles and nature of each case.

 

       (3)    Any person who publishes a report or account of any evidence at a hearing contrary to an Order of the Board pursuant to subsection (2) is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000.00 or to imprisonment for a term of not more than one year or to both.

 

       (4)    Despite subsection (3), where a corporation is convicted of an offence pursuant to subsection (3), the maximum penalty that may be imposed upon the corporation is $25,000.00.

 

9     These regulations apply to any application made pursuant to Section 11A of the Victims’ Rights and Services Act on and after the date the Financial Measures (2000) Act comes into force.

Section 9 replaced: O.I.C. 2000-333, N.S. Reg. 111/2000.


Appendix “A” repealed: O.I.C. 2000-333, N.S. Reg. 111/2000.


Forms 1 and 2 repealed: O.I.C. 2000-333, N.S. Reg. 111/2000.


Form 3 - Notice of Appeal to Nova Scotia Utility and Review Board


Province of Nova Scotia

Department of Justice

Victim Services Division

5151 Terminal Road, 1st Floor, P. O. Box 7

Halifax, Nova Scotia B3J 2L6

Phone: (902) 424-4651 Fax: (902) 424-2056                                               For Office Use Only

                                                                                                                                                       File #


NOTICE OF APPEAL TO NOVA SCOTIA UTILITY AND REVIEW BOARD


Applicant’s Last Name (Please Print)

First Name(s)

Address

Number/Street:

City:Province:Postal Code:

Telephone

Home:

Work:


I wish to appeal the award/decision of the Director of Victim Services dated                               .


Appeal Details

1.  Please explain why you are appealing the decision:

 

 

 

2.  Explain what changes you feel should be made to the decision:

 

 

 


Date:

Signature:


YOU WILL BE NOTIFIED BY MAIL OF A HEARING DATE AND TIME.

THIS NOTICE OF APPEAL MUST BE FILED WITH THE CLERK OF THE BOARD AND A COPY

OF THE NOTICE FILED WITH THE DIRECTOR OF VICTIM SERVICES WITHIN 30 DAYS OF

RECEIPT OF THE AWARD OR DECISION OF THE DIRECTOR

PLEASE ATTACH ANY DOCUMENTS OR ADDITIONAL INFORMATION YOU

WISH THE BOARD TO CONSIDER AND RETURN TO:


Director of Victim Services

5151 Terminal Road, 4th Floor

P. O. Box 7

Halifax, Nova Scotia

B3J 2L6

- and -

Chair, Nova Scotia Utility and Review Board


Mailing address:

P.O. Box 1692, “M”

Halifax, Nova Scotia

B3J 3S3


Office located at:

3rd Floor

1601 Lower Water Street

Halifax, Nova Scotia