Bill C-350
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C-350
First Session, Forty-first Parliament,
60 Elizabeth II, 2011
HOUSE OF COMMONS OF CANADA
BILL C-350
An Act to amend the Corrections and Conditional Release Act (accountability of offenders)
first reading, November 17, 2011
Mr. Lauzon
411501
SUMMARY
This enactment amends the Corrections and Conditional Release Act to provide that any monetary amount awarded to an offender pursuant to a legal action or proceeding against Her Majesty in right of Canada be paid to victims and other designated beneficiaries.
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1st Session, 41st Parliament,
60 Elizabeth II, 2011
house of commons of canada
BILL C-350
An Act to amend the Corrections and Conditional Release Act (accountability of offenders)
1992, c. 20
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 3 of the Corrections and Conditional Release Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) encouraging the accountability and responsibility of offenders, with a view to ensuring that their obligations to society are addressed.
2. The Act is amended by adding the following after section 78:
Monetary awards to offenders
78.1 (1) In view of the purpose of the federal correctional system referred to in paragraph 3(c), any debt owed to an offender as a result of a monetary award made to the offender by a court, tribunal or agency pursuant to a legal action or proceeding against Her Majesty in right of Canada, or an agent or employee of Her Majesty in the course of the performance of his or her duties, shall be satisfied by the payment of, in the order of priority set out below, the following amounts:
(a) any amount owing by the offender pursuant to a spousal or child support order made by a court of competent jurisdiction;
(b) any amount owing by the offender pursuant to a restitution order made under section 738 or 739 of the Criminal Code;
(c) any victim surcharge owing by the offender pursuant to an order made under section 737 of the Criminal Code; and
(d) any amount owing by the offender pursuant to a judgment awarded by a court of competent jurisdiction.
Pro rata payments
(2) If an offender owes more than one amount described in any of paragraphs (1)(a) to (d), those amounts shall be paid pursuant to that paragraph on a pro rata basis.
No actual knowledge of judgment or order
(3) In making payments under this section, Her Majesty is not required to take into account any judgment or order of which Her Majesty has no actual knowledge at the time the payment is made.
Payment of remainder to offender
(4) Any amount of the monetary award referred to in subsection (1) that remains after all payments have been made in accordance with subsections (1) to (3) shall be paid to the offender.
Published under authority of the Speaker of the House of Commons
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