Financial Exploitation of Crime 1996

APPENDIX F
DRAFT LEGISLATION
. ADMINISTRATIVE RE-DISTRIBUTION

Criminals' Exploitation of Violent Crime Act 61

Table of Contents

1. Definitions
2. Paying for a criminal's recollection
3. Selling a criminal's recollection
4. Persons deemed to be agents
5. Use of consideration by (Government Agency)
6. Amounts distributed to victims
7. When consideration distributed to victims
8. Interim distributions
9.Distribution if no victims
10. Offences
11. Regulations

Definitions

1. In this Act,

"convicted" includes a verdict that the accused committed the act or made the omission that formed the basis of the offence with which the accused was charged but was not criminally responsible on account of mental disorder; 62

"recollection of a violent crime" includes a recollection of circumstances relating to the crime, an expression of thoughts or feelings about the crime and a re-enactment of the crime;

"violent crime" means,63

(a)an offence under the Criminal Code (Canada) that was an indictable offence for which the offender might have been sentenced to imprisonment for five years or more and that involved,

(i)the use or attempted use of violence against another person, or

(ii)conduct that endangered or was likely to endanger the life or safety of another person or inflicted or was likely to inflict severe psychological damage upon another person,

(b)an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), or 273 (aggravated sexual assault) of the Criminal Code (Canada),

(c)an offence in a jurisdiction other than Canada that corresponds to an offence described in clause (a) or (b).

Paying for a criminal's recollection

2. (1) No person shall give consideration in exchange for the recollection of a violent crime to a person who has been convicted of the crime or his or her agent.

(2) A person who has an obligation to give consideration that would contravene subsection (1) shall, without delay, give the consideration to the (Government Agency) See footnote 64 instead of to the person to whom it would otherwise be owed.

(3) The situations to which this section applies include situations in which consideration is given outside the province if the consideration is given by a resident of the province.

(4) This section does not apply with respect to consideration that is given to an official or agency in another jurisdiction that is prescribed in the regulations as the (Government Agency)'s counterpart in that jurisdiction.

Selling a criminal's recollection

3. (1) No person who has been convicted of a violent crime or agent of such a person shall accept consideration in exchange for the recollection of the crime.

(2) A person who has a right to receive consideration that would contravene subsection (1) shall, without delay, direct the person from whom they have a right to receive the consideration to give the consideration to the (Government Agency).

(3) The situations to which this section applies include situations in which consideration is accepted outside the province if the consideration is accepted by a resident of the province.

(4) Subsection (2) does not apply if the person who has a right to receive consideration directs the person from whom they have a right to receive the consideration to give it to an official or agency in another jurisdiction that is prescribed in the regulations as the (Government Agency)'s counterpart in that jurisdiction.

Persons deemed to be agents

4. (1) For the purposes of sections 2 and 3, the following persons shall be deemed to be agents of the person convicted of the crime:

1.An assignee of rights of the person convicted of the crime to receive consideration in exchange for the recollection of the crime.

2.A corporation if the person convicted of the crime has a substantial interest in or connection to, the corporation as defined in the regulations.

(2) For the purposes of sections 2 and 3, a relative of the person who has been convicted of the crime shall be deemed, in the absence of evidence to the contrary, to be an agent of the person.

Use of consideration by (Government Agency)

5. (1) The (Government Agency) shall retain one half of the consideration it receives in respect of the recollection of a violent crime for which a person was convicted for distribution to victims of that crime and other crimes for which the person was convicted.

(2) The (Government Agency) shall distribute one half of the consideration it receives to the persons to whom the consideration would have been given had it not been given to the (Government Agency).

Amounts distributed to victims

6. (1) The (Government Agency) shall distribute consideration it retains for victims of crimes to the victims of whom the (Government Agency) has notice in proportion to the harm they have suffered as a result of the crimes.

(2) The proportion of harm suffered by the victims shall be determined by the (Government Agency) in accordance with the regulations.

When consideration distributed to victims

7. (1) The (Government Agency) shall distribute consideration it retains for victims upon the expiry of the three year period following the first receipt of such consideration.

(2) The (Government Agency) shall distribute consideration for victims received after the three year period at the times prescribed in the regulations.

Interim distributions

8. (1) The (Government Agency) may make interim distributions of the consideration it retains for victims during the three year period referred to in subsection 7 (1).

(2) An interim distribution may be made only if, in the opinion of the (Government Agency), the interim distribution will not prejudice any person to whom consideration would otherwise be distributed upon the expiry of the three year period.

(3) If interim distributions have been made the distribution upon the expiry of the three year period shall be made so that the total amount distributed on an interim or final basis to each victim is what they would have received had the interim distributions not been made.

Distribution if no victims

9. If the (Government Agency), at the time it would otherwise distribute consideration it retains to victims, does not have notice of any such victims, the (Government Agency) shall pay the consideration into the consolidated revenue fund.

Offences

10. (1) A person who contravenes subsection 2(1) or 2(2) is guilty of an offence and on conviction is liable to a fine not exceeding the greater of $5,000 and the amount of the consideration that the person gave in contravention of subsection 2 (1) or failed to give as required under subsection 2 (2).

(2) A person who contravenes subsection 3 (1) or 3 (2) is guilty of an offence and on conviction is liable to a fine not exceeding the greater of $5,000 and the amount of the consideration accepted in contravention of subsection 3 (1) or with respect to which the person failed to make a direction as required under subsection 3 (2).

(3) The payment of a fine under subsection (1) or (2) does not affect any liability a person may have to the (Government Agency) arising from their failure to give consideration to the (Government Agency) or to give a direction that consideration be given to the (Government Agency).

(4) A person who fails to give the (Government Agency) information as required under a regulation made under clause 11 (b) is guilty of an offence and on conviction is liable to a fine not exceeding $5,000.

Regulations

11. The Lieutenant Governor in Council may make regulations,

(a)prescribing an official or agency in another jurisdiction as the (Government Agency)'s counterpart in that jurisdiction;

(b)requiring the following persons to give the (Government Agency) information described in the regulations at the times and in the manner set out in the regulations,

(i)persons who are required under subsection 2 (2) to give consideration to the (Government Agency),

(ii)persons who are required under subsection 3 (2) to give a direction that consideration be given to the (Government Agency);

(c)defining a substantial interest in or connection to a corporation for the purposes of paragraph 2 of subsection 4 (1);

(d)defining, for the purposes of this Act, who is a victim of a crime;

(e)governing the determination of the proportion of harm suffered by the victims under subsection 6 (2);

(f)prescribing the times at which the (Government Agency) shall distribute consideration for victims under subsection 7 (2);

(g)governing the final distribution of consideration in circumstances in which interim distributions have been made and there is not enough consideration remaining to comply with subsection 8 (3);

(h)requiring interest to be credited by the (Government Agency) to consideration retained by the (Government Agency) and governing the determination of such interest;

(i)requiring interest that would have been credited had interim distributions not been made to be taken into account in the final distribution of the consideration and governing how such interest shall be taken into account;

(j)authorizing the (Government Agency) to convert non-monetary consideration into money or to accept money instead of non-monetary consideration and governing such conversion or acceptance.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018