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

Section 200 Disposition versions

Not in force

Not in force

200. Sections 11 to 14 of the said Act are replaced by the following sections:

“11. If a person institutes civil proceedings that he discontinues, or the amount awarded and collected as a result thereof is less than the amount of the benefits the person would have obtained under this Act, he may invoke this Act to claim the difference by notifying the Minister and filing his claim within one year from the date of discontinuance or of the final judgment.

“12. If the person elects to avail himself of the provisions of this Act, any agreement reached between the parties respecting the civil proceedings or the right to institute such proceedings is without effect until ratified by the Minister. The terms and conditions of payment of the amount agreed upon or awarded shall be determined by the Minister.

“13. Nothing in this Title shall affect the right of the claimant to recover from the person responsible for the injury sustained the amounts required to make up, with the benefits to which he is entitled, an amount equivalent to the loss actually sustained.

“14. Where the Minister decides to grant compensation to the claimant, he is subrogated by operation of law to the rights of the claimant up to the amount he may be called upon to pay him and may, in his own name or in the name and stead of the claimant, continue or institute civil proceedings.

An amount so recovered shall be paid into the Consolidated Revenue Fund.

“14.1. Any hypothec on or any transfer of the right to any benefit provided for under this Act is absolutely null.

The claimant has a right of recovery against any person who receives all or part of an amount of the benefit by virtue of such a hypothec or transfer.”.

1993, c. 54, s. 200; 1999, c. 40, s. 336.

2999-12-31

200. Sections 11 to 14 of the said Act are replaced by the following sections:

“11. If a person institutes civil proceedings that he discontinues, or the amount awarded and collected as a result thereof is less than the amount of the benefits the person would have obtained under this Act, he may invoke this Act to claim the difference by notifying the Minister and filing his claim within one year from the date of discontinuance or of the final judgment.

“12. If the person elects to avail himself of the provisions of this Act, any agreement reached between the parties respecting the civil proceedings or the right to institute such proceedings is null and void until ratified by the Minister. The terms and conditions of payment of the amount agreed upon or awarded shall be determined by the Minister.

“13. Nothing in this Title shall affect the right of the claimant to recover from the person responsible for the injury sustained the amounts required to make up, with the benefits to which he is entitled, an amount equivalent to the loss actually sustained.

“14. Where the Minister decides to grant compensation to the claimant, he is subrogated by operation of law to the rights of the claimant up to the amount he may be called upon to pay him and may, in his own name or in the name and stead of the claimant, continue or institute civil proceedings.

An amount so recovered shall be paid into the consolidated revenue fund.

“14.1. Any hypothec on or any transfer of the right to any benefit provided for under this Act is null by operation of law.

The claimant has a right of recovery against any person who receives all or part of an amount of the benefit by virtue of such a hypothec or transfer.”.

1993, c. 54, s. 200.