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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER C-38

AN ACT TO PROVIDE FOR THE PAYMENT OF COMPENSATION IN RESPECT OF PERSONS INJURED OR KILLED BY CERTAIN CRIMINAL ACTS OR OMISSIONS OF OTHERS

Analysis

1. Short title

2. Definitions

3. Establishment of board

4. Member of House of Assembly may be member of board

5. Chairperson

6. Remuneration of board members

7. Status of members and employees

8. Powers of board

9. Offices of board

10. Appointment of staff

11. Vacancy

12. Payment of compensation

13. Criminal intent

14. Payment of compensation

15. Condition precedent to board's order

16. Compensation for certain matters

17. Oath of office

18. Hearings

19. Hearings to be public

20. Certain hearings to be private

21. Disabled persons

22. Persons may appear by legal counsel

23. Procedure of board

24. Evidence

25. Board may order costs

26. Compensation not subject to execution, etc.

27. Amount of compensation

28. How compensation determined

29. Orders sent to minister

30. Orders made subject to terms, etc.

31. Powers of board to vary orders

32. Recovery of compensation from offender

33. Order filed and enforced

34. Attorney General may bring certain actions

35. Repayment of certain amounts by victim

36. Appeal

37. Judicature Act and Rules of Supreme Court to apply to appeals

38. Time of appeal

39. Offences

40. Recovery of compensation

41. Regulations

42. Report by board

43. General

44. Agreements with Canada

Schedule


Short title

1. This Act may be cited as the Criminal Injuries Compensation Act.

RSN1970 c68 s1

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Definitions

2. In this Act

(a) "board" means the Newfoundland Crimes Compensation Board;

(b) "child" includes a child whose parents never married and a child with respect to whom a victim stands instead of a parent;

(c) "crime" or "criminal offence" means an offence contrary to a provision of the Criminal Code that is enumerated in the Schedule to this Act;

(d) "dependant" means a spouse, child or other relative of a deceased victim who was, in whole or in part, dependent upon the victim for support at the time of the victim's death and includes a child of the victim born after his or her death;

(e) "injury" means actual bodily harm and includes pregnancy resulting from the commission of a crime and mental or nervous shock and "injured" has a corresponding meaning;

(f) "minister" means the Minister of Justice;

(g) "order" includes the variation of an order; and

(h) "victim" means a person injured or killed in the circumstances set out in section 12.

1973 No94 s2

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Establishment of board

3. (1) The Newfoundland Crimes Compensation Board is continued.

(2) The Lieutenant-Governor in Council shall appoint to the board at least 3 members who shall hold office during pleasure.

(3) The Lieutenant-Governor in Council shall designate 1 member of the board to be chairperson and another to be vice-chairperson of the board.

(4) The chairperson of the board or a member of the board designated by the chairperson, may hold an inquiry or conduct a hearing on behalf of the board with respect to an application for the payment of compensation under this Act and may make an order for the payment of that compensation.

(5) The chairperson of the board or the member of the board designated by the chairperson under subsection (4) shall have all the powers of the board with respect to the payment of compensation under this Act

RSN1970 c68 s4; 1990 c31 s1

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Member of House of Assembly may be member of board

4. Notwithstanding the Legislative Disabilities Act, where a member of the House of Assembly is or becomes a member of the board, his or her seat does not become vacant by reason only of the member's appointment and acceptance of remuneration as a member of the board, and a member of the board is not, by reason only of being a member of the board and accepting remuneration as a member of the board, rendered ineligible to be elected or to act or vote as a member of the House of Assembly.

RSN1970 c68 s5

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Chairperson

5. (1) The chairperson is the chief executive officer of the board, and is charged with the general direction, supervision and control of the business of the board and has those other powers, duties and functions that may be conferred by the regulations.

(2) During the incapacity or absence of the chairperson or a vacancy in the office of chairperson, the vice-chairperson has and may exercise the powers of the chairperson and shall discharge his or her duties.

(3) All acts done by the board shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the board, be as valid as if that defect had not existed.

RSN1970 68 s6

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Remuneration of board members

6. The Lieutenant-Governor in Council may authorize the payment of a daily allowance or remuneration and expenses to the members of the board, and the payment shall be made by the Minister of Finance under subsection 43(2).

RSN1970 c68 s7

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Status of members and employees

7. A member of the board or a person employed by the board does not become, by reason of that employment only, an officer or servant of the Crown.

RSN1970 c68 s8

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Powers of board

8. The board, and each member of the board, has the powers that are or may be conferred upon a commissioner appointed under the Public Inquiries Act.

RSN1970 c68 s9

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Offices of board

9. (1) The head office of the board shall be in the City of St. John's.

(2) Subject to the approval of the minister, the board may establish the other offices and agencies in the province that it considers expedient.

RSN1970 c68 s10

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Appointment of staff

10. Subject to the approval of the minister, the board may appoint a secretary to the board and the investigators, other officers and technical and professional and other employees that may be considered necessary, and fix their remuneration and terms of service and prescribe their duties and functions, and those persons shall be paid for their services by the Minister of Finance under subsection 43(2).

RSN1970 c68 s11

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Vacancy

11. Notwithstanding section 4, where the board or a member of the board has begun to consider, review, hear and make a decision on an application and the appointment of the members of the board or that member terminates before it makes an order, the board for the purpose of deciding on that application, shall be considered to be composed of those members who were appointed to it when the board or that member began to consider, review, hear and make a decision on that application and the board or that member shall continue to have the powers conferred by this Act to consider, review, hear and decide on that application.

1990 c31 s2

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12. Payment of compensation

(1) The board shall make an order in accordance with this Act for the payment of compensation where it is established to its satisfaction that a person has, after March 4, 1969, been injured or killed in the province as a result of

(a) the commission of a crime;

(b) lawfully arresting or attempting to arrest, after March 4, 1969, a person offending or suspected of offending against an Act of the Parliament of Canada or a regulation made under such an Act or helping, after March 4, 1969, a peace officer in making or attempting to make an arrest in relation to an offence;

(c) after June 2, 1971

(i) being a physician or registered nurse coming within the scope of the Emergency Medical Aid Act, in this paragraph referred to as "that Act", rendering services or assistance referred to in, and under the circumstances set out in, paragraph 3(a) of that Act, or

(ii) being a person other than a physician or registered nurse referred to in subparagraph (c)(i) rendering assistance referred to in, and under the circumstances set out in, paragraph 3(b) of that Act,

for which under that Act the person is not liable for damages as referred to in that Act; or

(d) lawfully preventing or attempting to prevent, after March 4, 1969, the commission of an offence or suspected offence against an Act of the Parliament of Canada or a regulation made under such an Act or helping, after March 4, 1969, a peace officer in preventing or attempting to prevent the commission of an offence.

(2) The board shall make an order for compensation under subsection (1) to, or on behalf of, an applicant who is

(a) the victim;

(b) a person who is responsible for the maintenance of a victim; or

(c) where the death of the victim has resulted, the victim's dependants or the person who was responsible for the maintenance of the victim immediately before death or who has, on behalf of the victim or his or her estate, incurred an expense for which compensation may be awarded.

(3) The compensation that may be made to applicants under this Act is subject to an order made under subsection 27(2).

(4) The board shall not make an order for compensation under this Act where the victim is culpable in relation to the crime or where, at the time of the commission of the crime resulting in the victim's injury, the victim was engaged in unlawful activity, unless the board is of the view that, having regard to exceptional circumstances, compensation should be awarded.

(5) A person who otherwise qualified for compensation shall not be refused compensation on the ground that the victim is or was not ordinarily living in the province at the time of the injury or death.

(6) The Lieutenant-Governor in Council may, by order, amend the Schedule to this Act by

(a) adding to it a description of a criminal offence; or

(b) deleting from it the description of a criminal offence set out in it.

1973 No94 s3

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Criminal intent

13. Notwithstanding that a person is legally incapable of forming criminal intent, the person shall, for the purposes of this Act, be considered to have intended an act or omission that caused injury or death for which compensation is payable under this Act.

1983 c34 s1

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Payment of compensation

14. The board, in making an order under section 12, shall consider and take into account all the circumstances that it considers relevant to the making of the order and the board shall consider and take into account behaviour that directly or indirectly contributed to the injury or death of the victim.

RSN1970 c68 s14; 1973 No94 s4

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Condition precedent to board's order

15. (1) The board shall not make an order for compensation under section 12

(a) where the application for compensation is made after the expiration of 1 year from the date of the injury or death; or

(b) where the injury or death and the act or omission or the event resulting in the injury or death are not reported within a reasonable time after they occur to the proper law enforcement authority.

(2) Notwithstanding paragraph (1)(a), the board may, where it considers it to be advisable, extend the time for making an application for compensation under section 12.

RSN1970 c68 s15; 1973 No95 s2

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Compensation for certain matters

16. Compensation may be awarded by the board under this Act in respect of

(a) expenses actually and reasonably incurred or to be incurred as a result of the victim's injury or death;

(b) monetary loss or damages incurred by the victim as a result of total or partial disability affecting the victim's capacity for work;

(c) monetary loss or damages incurred by dependants as a result of the victim's death;

(d) maintenance of a child born as a result of sexual assault;

(e) other monetary loss or damages, including pain or suffering, resulting from the victim's injury and an expense that, in the opinion of the board, it is reasonable to incur; and

(f) claims arising under circumstances mentioned in paragraph 12(1)(b) or (d), other damage to the injured person resulting from the injury for which compensation may be recovered at law, other than punitive or exemplary damages.

1973 No94 s5

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Oath of office

17. Each member of the board shall, before entering upon the duties of office, take and sign the following oath of office before a person authorized to administer oaths or affirmations:

I, A.B., swear (or affirm) and say that I will to the best of my ability, and without fear, favour or affection, faithfully perform the duties of a member of the Newfoundland Crimes Compensation Board under the Criminal Injuries Compensation Act while I hold office as a member. (In the case where an oath is taken add "So help me God".)

RSN1970 c68 s17

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Hearings

18. The board shall, upon receipt of an application for the payment of compensation under this Act, fix a time and place for the hearing of the application and shall give written notice of the application to the applicant and to other persons that the board considers to be interested in the proceedings.

RSN1970 c68 s18

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Hearings to be public

19. The hearing by the board of an application for the payment of compensation under this Act, except where the board considers that the hearing or a part of it should be held in private, shall be open to the public.

RSN1970 c68 s19

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Certain hearings to be private

20. Notwithstanding section 19, hearings by the board of an application for the payment of compensation under this Act shall be held in private 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 a 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 interests of public morality to hold the hearings in public.

RSN1970 c68 s20

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Disabled person

21. Where a person who is entitled to make an application for the payment of compensation under this Act,

(a) is an infant, the application shall be made on the person's behalf by a parent or guardian or by the person that the board, may direct; or

(b) is a person of unsound mind, the application shall be made on the person's behalf by a guardian, or where the person does not have a guardian, by the person that the board may direct.

RSN 1970 c68 s21

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Persons may appear by legal counsel

22. A person appearing before the board in respect of an application for the payment of compensation under this Act may appear and be represented by legal counsel.

RSN1970 c68 s22

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Procedure of board

23. Except as otherwise provided in this Act or the regulations, the board may determine its own procedure.

RSN1970 c68 s23

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Evidence

24. (1) The board may receive in evidence a statement, document, information or matter that, in its opinion, may help it to deal effectually with the matter before it whether or not the statement, document, information or matter would be admissible as evidence in a court of law.

(2) Where 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 where an appeal was taken, it was dismissed and no further appeal is available, be taken as conclusive evidence that the offence has been committed.

RSN1970 c68 s24

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Board may order costs

25. The board may, with respect to a hearing, inquiry or other proceeding under this Act, make an order as to costs that it thinks appropriate.

RSN1970 c68 s25

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Compensation not subject to execution, etc.

26. Compensation, or an amount awarded as costs, paid or payable under this Act shall not be capable of being assigned, charged, alienated, attached, taken in execution, anticipated or given as security, and a transaction purporting to assign, charge, alienate, attach, take in execution, anticipate or give as security the compensation or the amount awarded as costs is void.

RSN1970 c68 s26

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Amount of compensation

27. (1) Where the board makes an order for the payment of compensation, it may award the amount that it thinks appropriate, and the compensation awarded may be in a lump sum or periodical payments during the period that the board thinks appropriate, or in both of these ways.

(2) The Lieutenant-Governor in Council may, by order, fix the minimum and maximum amount of compensation that may be awarded in respect of the matters set out in section 16.

RSN1970 c68 s27; 1973 No94 s6

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How compensation determined

28. (1) The board shall take into consideration, in determining an amount of compensation to be awarded to an applicant,

(a) an amount recovered from the person whose act or omission resulted in the injury or death, whether as damages or compensation, under an action at law or otherwise;

(b) 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 a victim, or

(iii) by the applicant in respect of the death of the victim

under an Act of the Parliament of Canada or of the Legislature of the province or of another province or territory of Canada, other than benefits under a pension plan or program under such an Act; and

(c) other benefits received or to be received by an applicant as the board considers reasonable.

(2) Subject to an agreement entered into under section 44, the Lieutenant-Governor in Council may, by order, designate certain payments or amounts, or certain classes of payments or amounts, received or to be received by a victim or the victim's dependants that shall not be considered by the board in determining compensation under this Act.

1973 No94 s7

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Orders sent to minister

29. Where the board makes an order for the payment of compensation under this Act, a copy of the order, certified by 1 of the members of the board, shall be sent by the board to the minister.

RSN1970 c68 s29

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Orders made subject to terms, etc.

30. An order for the payment of compensation under this Act may be made subject to the terms and conditions that the board thinks appropriate with respect to the payment, disposition, allotment or apportionment of the compensation to or for the benefit of the victim or the dependants or as to the holding of the compensation or a part of it in trust for the victim or the dependants whether as a fund for a class or otherwise.

RSN1970 c68 s30

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Power of board to vary orders

31. (1) The board may, on the application of the Attorney General or the victim or a dependant or the offender, vary an order for payment of compensation made under this Act in the manner that the board thinks appropriate, whether as to terms of the order or by increasing or decreasing the amount ordered to be paid or otherwise.

(2) In dealing with an application under subsection (1), the board shall consider

(a) new evidence that has become available;

(b) a change of circumstances that has occurred since the making of the order or a change of circumstances that is likely to occur; or

(c) other matters the board considers relevant.

RSN1970 c68 s31

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Recovery of compensation from offender

32. (1) Where a person is convicted of a criminal offence and an order for the payment of compensation is or has been made under this Act in respect of the injury or death resulting from the act or omission constituting the offence, the board may, on the application of the Attorney General, require the person to appear before the board and show cause why an order should not be made directing the person to pay to the board all or a part of the amount of compensation paid or payable.

(2) The board may, after giving the convicted person an opportunity to be heard and after considering the financial situation of the person, his or her family responsibilities and other factors that the board considers relevant, make an order directing the person to pay to the board all or part of the amount of compensation paid or payable in respect of the injury or death resulting from the act or omission constituting the offence for which the person was convicted.

(3) An order made under subsection (2) may be made subject to the terms and conditions that the board may prescribe and may be varied by the board on application made by the Attorney General or the convicted person.

(4) In dealing with an application under subsection (3) to vary an order, the board shall consider

(a) new evidence that has become available;

(b) a change of circumstances that has occurred since the making of the order or a change of circumstances that is likely to occur; or

(c) other matters the board considers relevant.

RSN1970 c68 s32; 1971 No17 s4

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Order filed and enforced

33. An order made under subsection 32(2) may be filed with the Registrar of the Supreme Court and, when filed, the order is of the same effect and proceedings may be taken on it as if it were a judgment of that court for the recovery of a debt against the person named in the order.

RSN1970 c68 s33

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Attorney General may bring certain actions

34. Where the board makes an award of compensation under this Act and the person injured or a dependant of the person killed by the act or omission in respect of which the compensation is awarded does not pursue a cause of action against the offender, the Attorney General may, in order to recover all or part of the compensation awarded, bring and maintain an action against the offender that could have been brought by the person injured or by the dependants of the person killed.

RSN1970 c68 s34

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Repayment of certain amounts by victim

35. (1) Where compensation is awarded under this Act to a person injured or to a dependant of a person killed, and the person or the dependant receives an amount from the offender under a judgment delivered in an action brought against the offender causing the injury or death or otherwise, the person or dependant shall refund to the board

(a) the compensation awarded under this Act, where the amount received by the person or dependant is equal to or more than the compensation; or

(b) the amount received, where the amount is less than the compensation paid or payable under this Act.

(2) Compensation or an amount required to be refunded under subsection (1) may be recovered by the Attorney General as a debt due to the Crown.

RSN1970 c68 s35

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Appeal

36. (1) There shall be no appeal from an order or decision of the board under this Act and the proceedings, orders and decisions of the board shall not be reviewable by a court of law nor subject to certiorari, mandamus, prohibition, injunction or other proceeding.

(2) Notwithstanding subsection (1), a person who is ordered under subsection 32(2) to pay an amount in respect of compensation may appeal to the Trial Division which may make an order with respect to the matter and to costs as it thinks appropriate.

RSN1970 c68 s36; 1974 No57 Sch C;
1986 c42 Sch A

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Judicature Act and Rules of Supreme Court to apply to appeals

37. (1) The Judicature Act and the Rules of the Supreme Court, so far as they are consistent with this Act, apply to proceedings with respect to appeals referred to in subsection 36(2).

(2) A notice or other document required to be served on the board may be served on the chairperson or vice-chairperson of the board.

(3) The Trial Division has power, with respect to appeals referred to in subsection 36(2) to direct that a person interested, or, where there is a class of persons interested, 1 or more persons as representatives of the class, shall be notified of the hearing and those persons are entitled to be heard.

(4) When an appeal is taken to the Trial Division under subsection 36(2) all proceedings shall, unless that court otherwise directs, be taken and the matter shall be determined as if that court were conducting a new hearing into the matter or thing concerning which the order of the board appealed from was made.

RSN1970 c68 s37; 1974 No57 Sch C;
1986 c42 Schs A&B

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Time of appeal

38. An appeal to the Trial Division under subsection 36(2) shall be made within 30 days from the date of filing of the order appealed from.

RSN1970 c68 s38; 1974 No57 Sch C;
1986 c42 Sch A

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Offences

39. A person who, in a hearing, inquiry or other proceeding under this Act, makes a false statement to the board or a member of the board or misleads or attempts to mislead the board or a member of the board is guilty of an offence and liable on summary conviction to a fine of not less than $50 nor more than $500.

RSN1970 c68 s39

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Recovery of compensation

40. Where a person is convicted of an offence under section 39 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.

RSN1970 c68 s40

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Regulations

41. 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 proceedings under this Act, including the procedure for the service of notices and documents;

(b) prescribing forms, and their content for use under this Act, including the form and content of applications to the board;

(c) providing, with respect to a person or class of persons under disability, for substituted service of notices and documents under this Act on other persons to be prescribed in the regulations, including guardians and parents;

(d) prescribing the duties and responsibilities of the other persons with respect to the substituted service, providing that the other persons who fail to comply with or otherwise contravene a provision of the regulations prescribing their duties and responsibilities are guilty of an offence, and prescribing penalties to which the other persons are liable on summary conviction for the failure or contravention;

(e) prescribing fees to be paid in respect of applications or proceedings under this Act; and

(f) generally to give effect to the purpose of this Act.

RSN1970 c68 s41; 1971 No17 s5

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Report by board

42. The board shall make a report to the minister annually, on a date to be prescribed by the minister, concerning the work of the board during the previous year, and the report shall be laid before the Legislature within 15 days after it is submitted to the minister if the Legislature is then sitting, and, if it is not, then within 15 days after the beginning of the next session.

RSN1970 c68 s42

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General

43. (1) Compensation or an amount of money recovered, refunded or repaid under this Act shall be deposited in the Consolidated Revenue Fund of the province.

(2) The Minister of Finance shall, from money voted by the Legislature for the purpose, make payments out of the Consolidated Revenue Fund of the province for the purpose of this Act.

RSN1970 c68 s43

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Agreements with Canada

44. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister, acting on behalf of the Crown may enter into agreements with a minister of the Crown, acting on behalf of the Crown in right of Canada, respecting, subject to the terms and conditions that are agreed upon, the payment by Canada to the province of the part of the expenditures required for the purpose of this Act that is agreed upon.

(2) Power to enter into an agreement under subsection (1) includes power, subject to the approval of the Lieutenant-Governor in Council, to amend the agreement.

1971 No17 s6

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SCHEDULE

Section of Description of Offence
Criminal
Code

65 taking part in a riot

76 hijacking an aircraft

77 endangering safety of aircraft

78 taking on board civilian aircraft offensive weapons or
explosives

79 failure to take reasonable care in respect of explosives where death or bodily harm results

81 causing injury with intent by explosive substance

86 careless use of firearms

151 sexual interference

180 common nuisance causing harm

215 failure to provide necessaries for preservation of life

218 abandoning child

220 causing death by criminal negligence

221 causing bodily harm by criminal negligence

235 murder

236 manslaughter

239 attempted murder

244 causing bodily harm with intent

245 administering noxious substances (poison)

246 overcoming resistance to commission of an offence

247 setting traps likely to cause death or harm

248 interfering with transportation facilities

249 dangerous operation of a vessel or towed objects

249(3) dangerous operation of motor vehicle causing bodily harm

249(4) dangerous operation of motor vehicle causing death

255(2) impaired operation of motor vehicle, vessel, or aircraft causing bodily harm

255(3) impaired operation of motor vehicle, vessel, or aircraft causing death

262 impeding an attempt to save life

266 assault

267 assault with a weapon or causing bodily harm

268 aggravated assault

269 unlawfully causing bodily harm

269.1 torture

270 assaulting a peace officer

271 sexual assault

272 sexual assault with a weapon, threats to a third party or causing bodily harm

273 aggravated sexual assault

279 kidnapping

279.1 hostage taking

280 abduction of a person under 16

281 abduction of a person under 14

343 robbery

423 intimidation by violence

430(2) mischief causing actual danger to life

433 arson

436 causing fire resulting in loss of life

437 false fire alarm

1973 No94 s8

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