Bill C-350
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C-350
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-350
An Act to amend the Corrections and Conditional Release Act (accountability of offenders)
Reprinted as amended by the Standing Committee on Public Safety and National Security as a working copy for the use of the House of Commons at Report Stage and as reported to the House on May 14, 2012
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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http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
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 furtherance of the purpose referred to in paragraph 3(c), any amount owed to an offender as a result of a monetary award made to the offender by a final decision of a court or tribunal pursuant to a legal action or proceeding against Her Majesty in right of Canada, or an agent or employee of Her Majesty for any act or omission in the performance of his or her duties, must be satisfied by the payment of, in the order of priority set out below,
(a) any amount owing by the offender as a result of a spousal or child support order made by a court of competent jurisdiction;
(b) any amount owing by the offender as a result of a restitution order made under section 738 or 739 of the Criminal Code;
(c) any victim surcharge imposed under section 737 of the Criminal Code that is owing by the offender; and
(d) any other amount owing by the offender as a result of a judgment awarded by a court of competent jurisdiction.
Proportional payments
(2) If an offender owes more than one amount described in any of paragraphs (1)(a) to (d), the amounts owed under that paragraph must be paid on a proportional basis if there are insufficient monies to fully satisfy them.
Excluded amounts
(3) Subsection (1) does not apply to any amount awarded in the decision for costs.
Settlements
(4) Subsection (1) does not apply to any amount to be paid to an offender as a result of the Indian Residential Schools Settlement Agreement which came into force on September 19, 2007.
Written notice
(5) In order to establish a right to receive a payment under subsection (1), a creditor must give written notice of the debt owed to him or her by the offender under any of paragraphs (1)(a) to (d) to the Service, in the prescribed form and manner and containing the prescribed information.
Actual knowledge of judgment or order
(6) In making payments under this section, Her Majesty must only take into account judgments or orders in respect of which a notice has been received under subsection (5).
Payment of remainder to offender
(7) 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 (6) must be paid to the offender.
Application
(8) This section applies subject to any other Act of Parliament.
Exception
(9) Subsection 30(1) of the Crown Liability and Proceedings Act does not apply to amounts referred to in section 78.1.
Disclosure — identity
78.2 (1) In order to establish whether a person to whom Her Majesty owes an amount as a result of a monetary award made to them by a final decision of a court or tribunal is an offender, the affected departments and agencies and the Service may, subject to any other Act of Parliament, disclose to each other any information that is necessary to establish the person’s identity.
Disclosure — debts, etc.
(2) If it is established that a person referred to in subsection (1) is an offender, the Service may disclose to the affected department or agency any information with respect to debts for which it has received notice under subsection 78.1(5).
Regulations
78.3 The Governor in Council may make regulations respecting
(a) the administration and operation of the scheme established under section 78.1; and
(b) the disclosure of information under section 78.2.
Published under authority of the Speaker of the House of Commons