C-20 - Act to promote good citizenship

À jour au 31 août 2024

Ce document a valeur officielle.

chapter C-20

Act to promote good citizenship

1. In this Act, unless the context indicates a different meaning, “rescuer” means a person who, in Québec and after 31 December 1976, having reasonable cause to believe another person’s life or physical integrity is in danger, benevolently comes to that person’s assistance.

1977, c. 7, s. 1; 1978, c. 57, s. 86; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1997, c. 43, s. 168; 2015, c. 15, s. 237; 2021, c. 13, s. 129.

2. A rescuer who suffers interference with his integrity is eligible for the same financial assistance as an intervening person referred to in subparagraph 1 or 2 of the first paragraph of section 16 of the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1) is entitled to receive.

A minor child of a parent who is deceased, in a case where the parent is a rescuer, or a child over whom a deceased rescuer has parental authority is entitled to the same lump sum because of a death resulting from the commission of a criminal offence as the child of a deceased intervening person referred to in subparagraph 4 of the first paragraph of section 16 of that Act.

The spouse of a person who is deceased, in a case where the person is a rescuer, is entitled to the same lump sum because of a death resulting from the commission of a criminal offence as the spouse of a deceased intervening person referred to in subparagraph 5 of the first paragraph of section 16 of that Act.

A dependant of a person who is deceased, in a case where the person is a rescuer, is entitled to the same lump sum because of a death resulting from the commission of a criminal offence as a dependant of a deceased intervening person referred to in subparagraph 6 of the first paragraph of section 16 of that Act.

For the purposes of entitlement to such financial assistance, the rescuer and any other person referred to in the preceding paragraphs must comply with the provisions of Title III, except those of Chapters IX and XII, of the Act to assist persons who are victims of criminal offences and to facilitate their recovery that apply, with the necessary modifications, to them and their situation.

In addition to the provisions of Title III of the Act to assist persons who are victims of criminal offences and to facilitate their recovery, the provisions of Titles V and VI, section 109 and Title VIII of that Act apply, as the case may be and with the necessary modifications, to the rescuers and other persons referred to in this section as well as to their situation.

1977, c. 7, s. 2; 1978, c. 57, s. 87; 2013, c. 8, s. 9; 2021, c. 13, s. 130.

3. (Repealed).

1977, c. 7, s. 3; 1978, c. 57, s. 88; 1999, c. 40, s. 52; 2013, c. 8, s. 10; 2021, c. 13, s. 131.

4. (Repealed).

1977, c. 7, s. 4; 1997, c. 43, s. 169; 2021, c. 13, s. 131.

5. (Repealed).

1977, c. 7, s. 5; 2021, c. 13, s. 131.

6. (Repealed).

1977, c. 7, s. 6; 1978, c. 57, s. 84; 2021, c. 13, s. 131.

7. (Repealed).

1977, c. 7, s. 7; 1997, c. 43, s. 170; 2021, c. 13, s. 131.

8. (Repealed).

1977, c. 7, s. 8; 1978, c. 57, s. 85; 2021, c. 13, s. 131.

9. (Repealed).

1977, c. 7, s. 9; 1978, c. 57, s. 85; 2021, c. 13, s. 131.

10. (Repealed).

1977, c. 7, s. 10; 1978, c. 57, s. 89.

11. (Repealed).

1977, c. 7, s. 11; 2021, c. 13, s. 131.

12. (Repealed).

1977, c. 7, s. 12; 1978, c. 57, s. 85; 2021, c. 13, s. 131.

13. (Repealed).

1977, c. 7, s. 13; 2021, c. 13, s. 131.

14. (Repealed).

1977, c. 7, s. 14; 1978, c. 57, s. 85; 1999, c. 40, s. 52; 2021, c. 13, s. 131.

15. Upon the recommendation of the Minister of Justice, the Government may, for an act of good citizenship, grant a person an award not exceeding $5,000 or award him decorations or distinctions.

1977, c. 7, s. 15; 1996, c. 21, s. 35; 2005, c. 24, s. 25.

16. For the application of section 15, the Government may make regulations to:

(a)  determine the decorations and distinctions that may be awarded;

(b)  determine the cases where they may be awarded, and the procedure therefor;

(c)  prescribe the form of the decorations attached to the distinctions; and

(d)  establish a committee to advise the Minister on the granting of awards or the awarding of decorations and distinctions, determine its composition and functions and provide for the mode of appointment of its members.

A regulation made under this section shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1977, c. 7, s. 16.

17. Section 15 applies even where the rescuer has not suffered any interference with his integrity or is not eligible for any financial assistance.

1977, c. 7, s. 17; 1978, c. 57, s. 84; 2021, c. 13, s. 132.

18. An application validly made under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Automobile Insurance Act (chapter A-25) or the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1) and refused on the ground that it should have been made under this Act is nevertheless deemed to have been validly made under this Act.

1977, c. 7, s. 18; 1985, c. 6, s. 491; 2021, c. 13, s. 133.

19. (Repealed).

1977, c. 7, s. 19; 1997, c. 43, s. 171; 2021, c. 13, s. 134.

20. (Repealed).

1977, c. 7, s. 20; 2021, c. 13, s. 134.

Not in force

20.1. Where the injury sustained by the rescuer or his death results from an event having occurred before (insert here the date of coming into force of chapter 54 of the statutes of 1993), paragraphs c, e and f of section 1 and sections 2, 3, 8, 20, 21 and 21.1, as they read before being amended, replaced or repealed by sections 197 to 199, 203, 205 and 206 of the Act respecting assistance and compensation for victims of crime (1993, chapter 54), continue to apply to the claimant, subject to the following amendments:

(1)  section 2 is amended by replacing the word “commission” in the second line of the first paragraph by the words “Minister of Justice”;

(2)  section 3 is amended

(a)  by replacing the word “commission” in the first line of the first paragraph by the word “Minister”;

(b)  by adding the words “, subject to section 14 of the Act respecting assistance and compensation for victims of crime” after the word “benefit” in the second line of the second paragraph;

(3)  section 8 is amended by replacing the words “commission shall establish it according to the method it” in the second and third lines by the words “Minister shall establish it according to the method he”;

(4)  section 20 is amended by adding, at the end, the following paragraphs:

“Sections 14 to 17, section 21, Chapter VIII of Title II, with the exception of sections 113 and 121, Chapter IX of that title and sections 140, 143 to 146, 148, 150 to 159 and sections 164 to 169 of the Act respecting assistance and compensation for victims of crime also apply, with any necessary changes.

The provisions of Chapter IX of Title II of that Act relating to decision, review and appeal do not apply to applications for review brought before (insert here the date of coming into force of chapter 54 of the statutes of 1993). Such applications shall be heard, continued, decided and appealed from in accordance with the provisions applicable to them on the date on which they were made.”.

1993, c. 54, s. 204.

Not in force

20.2. Where the rescuer suffers a relapse after (insert here the date preceding the date of coming into force of chapter 54 of the statutes of 1993) and more than two years after the end of the last period of incapacity for which he was entitled to an indemnity or, if he was not entitled to such an indemnity, more than two years after the date of the manifestation of his injury, he shall be subject, from the date of the relapse, to the provisions of the Act respecting assistance and compensation for victims of crime (1993, chapter 54) as if it were a new injury.

1993, c. 54, s. 204.

21. No financial assistance shall be granted under this Act if the rescuer has suffered interference with his physical or mental integrity or died in circumstances that give rise to the application of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1) or an Act other than an Act of the Parliament of Québec.

If, in the case described in the first paragraph, benefits provided by an Act other than an Act of the Parliament of Québec are smaller than those provided by this Act, the rescuer or any other person mentioned in section 2, as the case may be, may claim the difference by virtue of this Act.

1977, c. 7, s. 21; 1978, c. 84, s. 84; 1985, c. 6, s. 492; 2021, c. 13, s. 135.

21.1. If, by reason of the interference with a rescuer’s integrity or of the death that results from it, a person is entitled to an indemnity under the Automobile Insurance Act (chapter A-25) and financial assistance under this Act, that person may elect to claim either an indemnity under the Automobile Insurance Act or financial assistance under this Act.

Compensation under the Automobile Insurance Act sets aside any right to financial assistance under this Act.

1985, c. 6, s. 492; 2021, c. 13, s. 136.

22. Where, in circumstances to which this Act is applicable, a rescuer or a person mentioned in section 2 obtains an indemnity under section 79 of the Act respecting the conservation and development of wildlife (chapter C-61.1), it must be deducted from any financial assistance received pursuant to this Act.

1977, c. 7, s. 22; 1978, c. 57, s. 90; 2021, c. 13, s. 137.

23. (Repealed).

1977, c. 7, s. 23; 2021, c. 13, s. 138.

24. (Repealed).

1977, c. 7, s. 24; 1978, c. 57, s. 84; 2021, c. 13, s. 138.

25. (Repealed).

1977, c. 7, s. 25; 2021, c. 13, s. 138.

26. (Repealed).

1977, c. 7, s. 28; 1999, c. 40, s. 52; 2021, c. 13, s. 138.

27. The moneys necessary for the application of this Act shall be taken out the Consolidated Revenue Fund.

1977, c. 7, s. 29.

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

2021, c. 13, s. 139.

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.

2021, c. 13, s. 139.

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.

2021, c. 13, s. 139.

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.

2021, c. 13, s. 139.

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.

2021, c. 13, s. 139.

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.

2021, c. 13, s. 139.

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

2021, c. 13, s. 139.

28. The Minister of Justice is responsible for the application of this Act.

1977, c. 7, s. 30; 1996, c. 21, s. 35; 2005, c. 24, s. 25.

29. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 7 of the statutes of 1977, in force on 31 December 1977, is repealed, except section 31, effective from the coming into force of chapter C-20 of the Revised Statutes.