Criminal Injuries Counselling Regulations
made under Section 14 of the
Victims’ Rights and Services Act
S.N.S. 1989, c. 14
and
Clause 4(1)(b) of the
Utility and Review Board Act
S.N.S. 1992, c. 11
O.I.C. 94-119 (February 15, 1994, effective April 28, 1992), N.S. Reg. 24/94
amended to O.I.C. 2024-371 (effective October 22, 2024), N.S. Reg. 212/2024
1 These regulations may be cited as the Criminal Injuries Counselling Regulations.
2 (1) An application for counselling pursuant to subsection 11A(1) of the Act shall be
(a) in a form prescribed by the Director; and
(b) accompanied by an authorization to release information in a form prescribed by
the Director.
(2) An application for counselling is deemed to be filed on the date the completed
application is received in the office of the Criminal Injuries Counselling Program.
3 [repealed]
4 The Director may request a police department or police agency to provide information
concerning the circumstances of an offence or alleged offence which is the subject of an
application to the Director, including but not limited to statements and Confidential
Instructions for Crown, and the police department or police agency shall provide the
information to the Director.
5 Counselling services, other than for victims of human trafficking or homicide, may be
provided in the form of individual counselling, group counselling or alternative
therapeutic approaches, so long as approved by the Director or recommended by an
approved counsellor as part of an approved treatment program, at the applicable rate set
out in Section 5AC to a maximum of $4118.00 over a 2-year period beginning on the
date of the Director’s approval.
5A Counselling services for victims of a human trafficking offence as prescribed in the
Schedule to the Act, or an immediate family member of an offence that falls within the
definition of homicide in the Criminal Code (Canada) and is prescribed in the Schedule
to the Act, may be provided in the form of individual counselling, group counselling or
alternative therapeutic approaches, so long as approved by the Director or recommended
by an approved counsellor as part of an approved treatment program, at the applicable
rate set out in Section 5AC to a maximum of $8235.00 over a 3-year period beginning on
the date of the Director’s approval.
5AA Where necessary due to exceptional circumstances, the Director, in their sole discretion,
may approve counselling services beyond the time limits, rates and maximums provided
for in Sections 5 to 5A.
5AB The Director may approve counselling pursuant to Section 5 in respect of the following
Criminal Code (Canada) offences if the offence occurred in the context of intimate
partner violence or was motivated by hatred against an identifiable group:
(a) 264.1 uttering threats;
(b) 430(1) mischief.
5AC Counselling services pursuant to Section 5 or 5A shall be paid at the following rates:
(a) for a registered psychologist as defined in the Psychologists Act, or an
individual who has a similar status in another province of Canada, state or
country, $210.00 per hour;
(b) for a social worker as defined in the Social Workers Act, or an individual who
has a similar status in another province of Canada, state or country, $175.00
per hour; and
(c) for a counselling therapist as defined in the Counselling Therapists Act, or an
individual who has a similar status in another province of Canada, state or
country, $160.00 per hour.
5B An applicant for counselling may appeal a decision of the Director to the person or
tribunal hearing the appeal on any question as to law or the jurisdiction of the Director
but no other question.
6 (1) Pursuant to clause (b) of subsection (1) of Section 4 of the Utility and Review Board
Act and for the purpose of Section 11L of the Act, an appeal from a decision of the
Director shall be to the Nova Scotia Utility and Review Board.
(2) An appeal pursuant to subsection (1) of Section 6 may be brought by filing a notice
of appeal, in a form prescribed by the Director, with the Clerk of the Board within 30
days of receipt of the decision of the Director.
(3) A notice of appeal shall be served by the applicant on the Director within 30 days of
receipt of the decision of the Director.
(4) Service on the Director may be effected by filing a copy of the notice of appeal with
the Director.
7 (1) The Board, on appeal, may receive in evidence any statement, document,
information or matter that in its opinion may assist it to deal effectively with the
matter before it, whether or not the statement, document, information or matter is
given or produced under oath or would be admissible as evidence in any court of
law.
(2) The Board may determine its own procedure for the hearing of an appeal.
8 (1) All appeal hearings shall be open to the public except where
(a) the person whose act or omission caused the injury or death has not been
charged with a criminal offence or, if charged, has not been convicted of any
criminal offence;
(b) the Board determines it would not be in the interests of the victim, or of the
dependants of the victim, of an alleged sexual offence to hold the hearings in
public; or
(c) the Board determines that it is in the interests of the parties or in the public
interest not to hold the hearings in public.
(2) Where the Board considers it necessary for one or more of the reasons mentioned in
subsection (1),
(a) the Board may make an order prohibiting publication of any report or account
of the whole or any part of the evidence at the hearing of an appeal; and
(b) in making an order pursuant to this subsection the Board shall have regard to
the desirability of permitting the public to be informed of the principles and
nature of each case.
(3) Any person who publishes a report or account of any evidence at a hearing contrary
to an Order of the Board pursuant to subsection (2) is guilty of an offence and on
summary conviction is liable to a fine of not more than $2,000.00 or to
imprisonment for a term of not more than one year or to both.
(4) Despite subsection (3), where a corporation is convicted of an offence pursuant to
subsection (3), the maximum penalty that may be imposed upon the corporation is
$25,000.00.
9 These regulations apply to any application made pursuant to Section 11A of the Victims’
Rights and Services Act on and after the date the Financial Measures (2000) Act comes
into force.
The following regulations are not
yet in force and are not included in the current consolidation: