Section 1 (1) definition of "physician" BEFORE repealed by 2003-57-42, effective March 1, 2009 (BC Reg 420/2008).
"physician" means a person registered under the Medical Practitioners Act;
Section 1 (1) definition of "qualified practitioner" BEFORE amended by 2003-57-42, effective March 1, 2009 (BC Reg 420/2008).
"qualified practitioner" means a person registered under the Podiatrists Act, the Chiropractors Act or the Dentists Act or a person registered as a naturopathic physician under the Health Professions Act;
Section 1 (1) definition of "spouse", paragraph (b) BEFORE amended by 2011-25-322(a), effective March 18, 2013 (BC Reg 131/2012).
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;
Section 1 (2) (a) and (b) BEFORE amended by 2011-25-322(b), effective March 18, 2013 (BC Reg 131/2012).
(a) was qualified as a spouse or child of the victim under an enactment of British Columbia or Canada to apply for maintenance or alimony from the victim, or
(b) was entitled to maintenance or alimony from the victim under an order or agreement enforceable under such an enactment.
Section 2 (1) BEFORE amended by BC Reg 160/2002 under 2001-38-32, effective June 30, 2002 (BC Reg 160/2002).
(1) Every victim of crime is, or, if the victim has been killed, his or her immediate family members are, entitled to apply, in the manner provided in this Act, to the board for compensation.
Section 2 (4) BEFORE amended by 2002-11-1(a), effective April 16, 2002.
(4) Compensation may be awarded for any of the following:
Section 3 (1) (b) (i) and (ii) BEFORE amended by 2002-56-44, effective June 30, 2002 (BC Reg 152/2002).
(b) award compensation in the form of periodic payments, and
(i) if the periodic payments are awarded to a victim who is disabled as a result of an injury, they must, subject to this Act, be of the same amount and for the same duration as payments made to a disabled worker under sections 22, 23, 29 and 30 of the Workers Compensation Act;
(ii) if the periodic payments are awarded to immediate family members, they must, subject to this Act, be of the same amount and for the same duration as payments made to dependants under section 17 of the Workers Compensation Act;
Section 3 (1) (c) BEFORE amended by 2002-56-44, effective June 30, 2002 (BC Reg 152/2002).
(c) if a victim is killed and the funeral, burial and cremation expenses are not provided for under an Act of Canada or British Columbia, pay expenses, not exceeding the amount that would be paid under section 17 of the Workers Compensation Act;
Section 3 (1) (b) and (c) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).
(b) award compensation in the form of periodic payments, and
(i) if the periodic payments are awarded to a victim who is disabled as a result of an injury, they must, subject to this Act, be of the same amount and for the same duration as payments made to a disabled worker under sections 22, 23, 29 and 30 of the Workers Compensation Act, as those sections read before being amended by the Workers Compensation Amendment Act, 2002;
(ii) if the periodic payments are awarded to immediate family members, they must, subject to this Act, be of the same amount and for the same duration as payments made to dependants under section 17 of the Workers Compensation Act, as it read before any amendments in the Workers Compensation Amendment Act, 2002 came into force;
(iii) may commute all or part of the periodic payments to one or more lump sum payments, to be applied as directed by the board;
(c) if a victim is killed and the funeral, burial and cremation expenses are not provided for under an Act of Canada or British Columbia, pay expenses, not exceeding the amount that would be paid under section 17 of the Workers Compensation Act, as it read before any amendments in the Workers Compensation Amendment Act, 2002 came into force;
Section 5 (3) (a) BEFORE amended by 2002-56-45, effective June 30, 2002 (BC Reg 152/2002).
(a) except under section 2 (4) (f), to a victim who is injured in circumstances giving recourse to the Government Employees Compensation Act (Canada) or the Workers Compensation Act,
Section 5 (3) (a) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).
(a) except under section 2 (4) (f), to a victim who is injured in circumstances giving recourse to the Government Employees Compensation Act (Canada) or the Workers Compensation Act, as it read before being amended by the Workers Compensation Amendment Act, 2002,
Section 13 (1) (b) BEFORE amended by 2002-56-46(a), effective June 30, 2002 (BC Reg 152/2002).
(b) for periodic payments, exceed the amount payable to a worker or dependant under sections 17, 22, 23, 29 and 30 of the Workers Compensation Act.
Section 13 (3) and (4) BEFORE repealed by 2002-56-46(b), effective June 30, 2002 (BC Reg 152/2002).
(3) Beginning July 1, 1980 and every 6 months after, the board must adjust periodic payments in the manner provided under section 25 of the Workers Compensation Act.
(4) For the purpose of calculating periodic payments to be paid after July 1, 1980, awards of periodic payments made before July 1, 1980 must be adjusted by the board, to the amount those payments would have been on that date if they had been awarded and adjusted under the Workers Compensation Act, and after that awards must be adjusted as provided in subsection (3).
Section 13 (1) (b) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).
(b) for periodic payments, exceed the amount payable to a worker or dependant under sections 17, 22, 23, 29 and 30 of the Workers Compensation Act, as those sections read before being amended by the Workers Compensation Amendment Act, 2002.
Section 15 (3) BEFORE amended by 2002-40-57, effective September 30, 2002 (BC Reg 263/2002).
(3) If a victim is not supporting his or her spouse and children and they are likely to require income assistance under the BC Benefits (Income Assistance) Act, a youth allowance under the BC Benefits (Youth Works) Act or a disability allowance under the Disability Benefits Program Act, or if an order has been made against the victim by a court of competent jurisdiction for the support or maintenance of the spouse or children, the board may pay all or part of the compensation to or for the benefit of the spouse or children.
Section 15 (3) BEFORE amended by 2002-41-39, effective September 30, 2002 (BC Reg 265/2002).
(3) If a victim is not supporting his or her spouse and children and they are likely to require income assistance under the BC Benefits (Income Assistance) Act, a youth allowance under the BC Benefits (Youth Works) Act or a disability allowance under the Disability Benefits Program Act, or if an order has been made against the victim by a court of competent jurisdiction for the support or maintenance of the spouse or children, the board may pay all or part of the compensation to or for the benefit of the spouse or children.
Section 20 (6) BEFORE amended by BC Reg 160/2002 under 2001-38-32, effective June 30, 2002 (BC Reg 160/2002).
(6) Despite subsections (2) to (5), the board has full discretionary power at any time to reopen, rehear and redetermine any matter, except a decision of the appeal division, that has been dealt with by it or by an officer of the board.
Section 22 (2) to (5) BEFORE amended by BC Reg 160/2002 under 2001-38-32, effective June 30, 2002 (BC Reg 160/2002).
(2) Despite subsection (1), a decision of the officer or appointed person may be reviewed by an appeal committee composed of members as may be appointed by the board.
(3) At the request of the victim, an immediate family member or the Attorney General, the appeal committee must review the decision of an officer of the board or appointed person under subsection (1), and the board may act on the findings and report of the appeal committee.
(4) A request for a review of a decision under subsection (3) must be made within 90 days after the day the decision was communicated to the victim or an immediate family member, as the case may be.
(5) By leave of the appeal committee, or of the chief appeal commissioner of the board, the appeal division may further review the decision, or the findings and report.
Section 23 (2) and (3) BEFORE amended by BC Reg 160/2002 under 2001-38-32, effective June 30, 2002 (BC Reg 160/2002).
(2) A victim, an immediate family member or the Attorney General may apply to the chief appeal commissioner for reconsideration of a decision of the appeal division on the grounds that new evidence has arisen or has been discovered after the hearing of the matter decided by the appeal division.
(3) If the chief appeal commissioner considers that the evidence referred to in subsection (2)
(a) is substantial and material to the decision, and
(b) did not exist at the time of the hearing or did exist at that time but was not discovered and could not through the exercise of due diligence have been discovered,
he or she may direct that
(c) the appeal division reconsider the matter, or
(d) the applicant may make a new claim to the board with respect to the matter.