A-13.2.1 - Act respecting assistance and compensation for victims of crime

Section 149 Disposition versions

2999-12-31

149. Where, by reason of an indictable offence, a victim is committed to a penitentiary or detained in a house of detention or in a facility maintained by an institution operating a rehabilitation centre governed by the Act respecting health services and social services (chapter S-4.2) or in a reception centre governed by the Act respecting health services and social services for Cree Native persons (chapter S-5), the Minister shall reduce the income replacement indemnity to which he is entitled by reason of the injury sustained, by an amount equivalent on a yearly basis to the following percentage thereof:

(1)  100% in the case of a victim with so spouse or dependants, unless he shows that, by reason of the injury sustained, he has become unable to hold the employment that he holds or would have held during his committal, imprisonment or detention, in which case the percentage is 75%;

(2)  45% in the case of a victim with a spouse or one dependant;

(3)  35% in the case of a victim with a spouse and one dependant, or with two dependants;

(4)  25% in the case of a victim with a spouse and two dependants, or with three dependants;

(5)  10% in the case of a victim with a spouse and three or more dependants, or with four or more dependants.

The reduction shall remain in force until the end of the period of committal, imprisonment or detention of the victim or, as the case may be, until the date of a judgment finding the victim not guilty of the indictable offence.

The reduction shall be adjusted during the committal, imprisonment or detention of the victim, in the cases and on the conditions prescribed by regulation of the Government, according to whether or not he has a spouse, and the number of dependants referred to in the first paragraph.

For the purposes of this section, the income replacement indemnity to which a victim who, on the date of the manifestation of the injury, has a spouse or one or more dependants within the meaning of section 76 is entitled, shall be paid to the spouse or dependants in accordance with the terms and conditions prescribed by regulation of the Government.

If the victim, by virtue of a judgment having acquired the authority of a final judgment (res judicata), is found not guilty of the offence for which he was committed, imprisoned or detained, the Minister shall pay to the victim the amount that had been subtracted from the income replacement indemnity, with interest determined in accordance with the provisions of section 151 and computed from the time the reduction began.

1993, c. 54, s. 149; 1994, c. 23, s. 23.