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

Section 18 Disposition versions

2021-10-13

18. For the purposes of this Title,

“close relation” means, in relation to a person who is a victim, their brother, sister, grandparent or grandchild, a child of their spouse, the spouse of their parent, a child of the spouse of their parent, or the significant person designated either by a person who is a victim who suffers interference with their integrity due to the commission of a criminal offence against the latter or by an intervening person, as applicable; where the person who is a victim or the intervening person is under 14 years of age, such a designation is made by their parent, a person having parental authority over them or any other person of full age entrusted with representing them for that purpose and, where the person who is a victim or the intervening person is deceased, the significant person is the one who demonstrates a significant bond with the person or intervening person who is deceased;

“criminal offence” means any offence under the Criminal Code (R.S.C. 1985, c. C-46) committed after 1 March 1972 and causing a person to suffer interference with their physical or mental integrity; a criminal offence against property is therefore excluded;

“dependant” means any person more than 50% of whose needs are provided for by the person who is a victim who is deceased or suffers interference with their integrity due to the commission of a criminal offence against the latter;

“spouse” means a person who is in either of the following situations:

(1)  the person is married to or in a civil union with a person who is a victim; or

(2)  the person has been sharing a community of life with a person who is a victim for at least three years, or shares a community of life with such a person and

(a)  a child has been born or is to be born of their union;

(b)  they have adopted a child together; or

(c)  one of them has adopted a child of the other.

For the purposes of this Title, a person who disappears under circumstances that lead to believe that their death is probable and that the disappearance results from the commission of a criminal offence is presumed to be deceased.

Where a provision of this Act refers to a parent, the reference does not cover a parent who is deprived of parental authority or, in the case of a child of full age, a parent who was deprived of parental authority when the child reached full age.

2021, c. 13, s. 18.

Not in force

In force: 2021-10-13

18. For the purposes of this Title,

“close relation” means, in relation to a person who is a victim, their brother, sister, grandparent or grandchild, a child of their spouse, the spouse of their parent, a child of the spouse of their parent, or the significant person designated either by a person who is a victim who suffers interference with their integrity due to the commission of a criminal offence against the latter or by an intervening person, as applicable; where the person who is a victim or the intervening person is under 14 years of age, such a designation is made by their parent, a person having parental authority over them or any other person of full age entrusted with representing them for that purpose and, where the person who is a victim or the intervening person is deceased, the significant person is the one who demonstrates a significant bond with the person or intervening person who is deceased;

“criminal offence” means any offence under the Criminal Code (R.S.C. 1985, c. C-46) committed after 1 March 1972 and causing a person to suffer interference with their physical or mental integrity; a criminal offence against property is therefore excluded;

“dependant” means any person more than 50% of whose needs are provided for by the person who is a victim who is deceased or suffers interference with their integrity due to the commission of a criminal offence against the latter;

“spouse” means a person who is in either of the following situations:

(1)  the person is married to or in a civil union with a person who is a victim; or

(2)  the person has been sharing a community of life with a person who is a victim for at least three years, or shares a community of life with such a person and

(a)  a child has been born or is to be born of their union;

(b)  they have adopted a child together; or

(c)  one of them has adopted a child of the other.

For the purposes of this Title, a person who disappears under circumstances that lead to believe that their death is probable and that the disappearance results from the commission of a criminal offence is presumed to be deceased.

Where a provision of this Act refers to a parent, the reference does not cover a parent who is deprived of parental authority or, in the case of a child of full age, a parent who was deprived of parental authority when the child reached full age.

2021, c. 13, s. 18.