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Bill C-246

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1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-246

An Act respecting the provision of compensation to public safety officers who lost their lives while on duty

Preamble

Whereas police and firefighters are required to place their lives at risk on a daily basis in the execution of their duties;

Whereas the employment benefits of police and firefighters often provide insufficient compensation to the families of those who are killed while on duty;

And Whereas the public, who are protected by police and firefighters, owe to the families of those killed while on duty such protection and comfort as may be provided by financial compensation;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short title

1. This Act may be cited as the Public Safety Officers Compensation Act.

Definitions

2. The definitions in this section apply in this Act.

``Fund''
« Fonds »

``Fund'' means the Public Safety Officers Compensation Fund established by subsection 3(1).

``Minister''
« ministre »

``Minister'' means the Solicitor General.

``participa-
ting province''
« province partici-
pante
»

``participating province'' means a province that concludes an agreement with Her Majesty in right of Canada pursuant to a negotiation by the Minister pursuant to section 6.

``public safety officer''
« agent de la sécurité publique »

``public safety officer'' means a member of

      (a) the Royal Canadian Mounted Police,

      (b) a police force established by or under an authority granted by an Act of Parliament or the legislature of a participating province, or

      (c) a firefighting service established by or under an authority granted by an Act of Parliament or the legislature of a participating province.

``regula-
tions''
« règle-
ments
»

``regulations'' means the regulations established by order of the Governor in Council pursuant to section 8.

Fund established

3. (1) There is hereby established a fund to be known as the Public Safety Officers Compensation Fund into which shall be paid money

    (a) appropriated to the Fund by Parliament or the legislature of a participating province; or

    (b) received by gift or bequest.

Purpose of Fund

(2) The purpose of the Fund is to provide compensation to the families of public safety officers killed while on duty.

Charitable foundation

(3) The Fund is a charitable foundation within the meaning of section 149.1 of the Income Tax Act.

Administra-
tion of Fund

4. (1) The Fund shall be administered by a board of directors of not more than seven directors appointed by the Minister from those nominated to represent

    (a) the Government of Canada;

    (b) the provinces or regions of Canada;

    (c) the bodies that represent the professional interests of police and firefighters in Canada; and

    (d) the families of police and firefighters.

Chairperson and Vice-
Chairperson

(2) The Minister shall name one of the directors to be Chairperson and one to be Vice-Chairperson of the board of directors.

Term of office, expenses

(3) The directors shall serve such term or terms of office and receive such reimbursement of expenses as may be provided for in the regulations.

Executive Director

5. The board of directors may appoint an Executive Director to manage the Fund, subject to the directions of the board, who shall receive such remuneration and reimbursement of expenses as may be provided for in the regulations.

Agreements

6. The Minister may conclude agreements providing for provinces to provide money to the Fund and for families of public safety officers in police forces and firefighting services within the jurisdiction of the province in question to be entitled to the benefits provided from the Fund.

Benefits

7. The family of a public safety officer killed

    (a) while on duty,

    (b) while off duty but while carrying out an activity related to public safety,

    (c) because of the position the officer holds as a public safety officer, or

    (d) because of anything done by the officer acting pursuant to an authority that derives from the position the officer holds as a public safety officer

shall receive such benefit from the Fund as is provided for by the regulations.

Regulations

8. The Governor in Council may make regulations

    (a) establishing those persons who are to be considered as the family of a public safety officer for the purposes of this Act, which may include the spouse, children, parents or others who were dependent on the officer or who were related to the officer and were part of the officer's household;

    (b) establishing the circumstances in which a benefit may be paid under section 7;

    (c) directing the manner in which the assets of the Fund may be acquired, held, invested, accounted for and disposed of;

    (d) establishing the amount of compensation that may be paid to the family of a public safety officer and the factors to be considered in setting the amount, including other compensation that may be payable to the family;

    (e) providing for compensation to be paid in one or more lump sums or in periodic payments and for compensation to be paid directly to the members of the family or to a provider of services to the members of the family, or to both;

    (f) providing for the remuneration of the Executive Director of the Fund and the reimbursement of the expenses of the directors and the Executive Director of the Fund; and

    (g) providing for any other matter that may be necessary for the fulfilment of the purposes of this Act.