P-9.2.1 - Act to assist persons who are victims of criminal offences and to facilitate their recovery

Section 139 Disposition versions

2021-10-13

139. (Amendment integrated into c. C-20, ss. 27.1 to 27.7).

2021, c. 13, s. 139.

Not in force

In force: 2021-10-13

139. The Act is amended by inserting the following sections after section 27:

“27.1. The Minister may delegate, to a person the Minister designates, the exercise of the powers conferred on the Minister by this Act.

“27.2. The Minister may, in accordance with the law, enter into an agreement relating to assistance for rescuers with a government in Canada or abroad, with a department or body of such a government or with an international organization or a body of such an organization.

“27.3. The Minister may enter into any agreement with any person or any public or private body in relation to the application of this Act.

Any person or body that is a party to such an agreement may exercise, according to the terms set out in the agreement, any power or responsibility conferred on the Minister by this Act. The person or body may likewise perform any act permitted under this Act.

In such a case, the person or body has all the obligations incumbent on the Minister under this Act.

“27.4. The Minister shall enter into an agreement with the Société de l’assurance automobile du Québec and the Commission des normes, de l’équité, de la santé et de la sécurité du travail to establish a procedure for processing financial assistance applications filed under this Act regarding which the circumstances involve situations or matters also covered by the Automobile Insurance Act (chapter A-25) or the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

Such an agreement must make it possible

(1)  to distinguish between the types of impairment, injury and sequelae governed by any of those Acts;

(2)  to determine entitlement to and the amount of the financial assistance, indemnities, benefits or other pecuniary advantages payable under each of the applicable Acts;

(3)  to determine the financial assistance, indemnities, benefits or other pecuniary advantages to be paid by each of the authorities concerned and specify the cases, amounts and terms of repayment between the authorities; and

(4)  to settle disputes regarding the application of the plans under those Acts that may arise between the Minister and the bodies mentioned in the first paragraph.

“27.5. The Minister shall table a report in the National Assembly on the Minister’s activities under this Act for each fiscal year, not later than 30 September following the end of that year. If the Assembly is not sitting, the Minister shall table the report within 30 days after the opening of the next session or resumption.

“27.6. The Minister may investigate any matter relating to an application provided for by this Act and designate investigators for that purpose.

In exercising those powers, the Minister or any designated investigator has, for the purposes of the investigation, the powers and immunities of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

Investigators must not disclose the information obtained during the investigation, except in the performance of their functions or with the authorization of the Minister or a court, or on the order of a coroner in the exercise of the coroner’s functions.

“27.7. Investigators must, on request, identify themselves and produce a certificate of authority issued by the Minister.”.

2021, c. 13, s. 139.