A Decision has been Rendered with Which You Are Not Satisfied
You will be informed by mail of the Direction de l’IVAC’s initial decision as to whether your application for benefits has been accepted or rejected. If it has been accepted, you will receive other correspondence throughout the decision-making process.
If you have received a decision letter about your right to benefits and you are not satisfied with the decision, you can request a review or reconsideration by the Direction de l’IVAC’s Administrative Review Board. To do so, you must submit an application for review or reconsideration in writing, using the form issued for that purpose.
N.B:
As from the date of the decision letter, you have:
- 90 days in which to contest the rate of permanent disability recognized; and
- 30 days in which to contest any other decision about your right to benefits
Review or Reconsideration?
You may file an application for review with the Administrative Review Board regarding the following:
- the eligibility of an application for benefits
- the eligibility of a family member or close friend
- a temporary total disability
- the length of time a benefit is paid
- the amount of a benefit
- the link of the injury to the criminal act; or
- the rate of permanent disability
As of February 4, 2019, you may file a request for reconsideration, directly to the Direction de l’IVAC on the following grounds:
- clerical correction
- failure to rule on a matter
- party unable, for reasons deemed sufficient, to be heard, or remedy of breach of natural justice principle
- correction of a decision based on an error in fact or in law
- correction of a palpable and overriding error
- discovery of a new fact
- correction of an error based on false representations, willful omission of facts or fraud
The Direction de l’IVAC may, on its own initiative, reconsider a decision on the same grounds listed below. There is no time limit to file a request for reconsideration.
When a decision concerns medical assistance, rehabilitation or overpayments, and the application for reconsideration presents sufficient grounds for reconsideration of the decision, the Direction de l’IVAC will inform you in writing of the new decision. However, if your request does not cite sufficient grounds for reconsideration of the decision, the Direction de l’IVAC will inform you in writing that there is no cause for reconsideration of the decision. This refusal to reconsider cannot be contested before the Administrative Review Board.
With any request for reconsideration of a decision regarding your right to benefits that does not present sufficient grounds for reconsideration, the Direction de l’IVAC will inform you in writing that there is no cause for reconsideration of the decision. This refusal to reconsider the decision may not be contested before the Administrative Review Board. Nonetheless, you retain your initial right of recourse with respect to the initial decision. In other words, you can ask to have the initial decision reviewed by filing a request in writing to the Administrative Review Board.
When an application for reconsideration concerns a decision rendered by the Administrative Review Board, you must submit your application in writing and the Administrative Review Board will inform you in writing of its new decision. You then have the same rights and recourses with respect to this new decision as you did with respect to the initial decision and to any refusal to reconsider it for absence of cause. Any such refusal to reconsider a decision may not be contested before the Administrative Tribunal of Québec.
Unsatisfied with the outcome of your application for review with the Administrative Review Board?
You have 60 days from the date of the decision in which to contest it before the Administrative Tribunal of Québec.
For questions regarding any objection in court, consult the site of the Administrative Tribunal of Québec.