On October 13, 2021, the
Act to assist persons who are victims of criminal offences and to facilitate their recovery (LAPVIC) and the
Regulation respecting the application of the Act to assist persons who are victims of criminal offences and to facilitate their recovery came into force. The LAPVIC is a far-reaching reform of assistance and compensation services designed to help victims of criminal offenses recover. Among other things, the Act provides for:
- broadening the notion of
victim to allow a greater number of people to benefit from financial assistance
- abolition of the list of eligible offences to cover all offences against the person set out in the Criminal Code
- the removal of the time limit for filing an application for qualification for offences committed in the context of domestic violence, sexual violence and childhood abuse
- the possibility for victims of spousal abuse, sexual abuse or child abuse to submit a new application if they had previously been refused for the sole reason that their application had been submitted outside the statutory time limit
- eligibility of victims of a criminal offence committed abroad
- the addition of health professionals who can offer psychosocial support to victims
Transitional measures have also been put in place to make sure that the old IVAC compensation plan is replaced by the Act to assist persons who are victims of criminal offences and to facilitate their recovery.
Transitional Measures
A victim who is eligible for the IVAC compensation plan will continue to receive compensation and services in accordance with the conditions or timeframes set out in the Act to assist persons who are victims of criminal offences and to facilitate their recovery. Existing life annuities will continue to be paid.
Possibility of submitting a new application for qualification
A victim whose application for qualification has been denied may reapply for qualification under the Act to assist persons who are victims of criminal offences and to facilitate their recovery when:
- the criminal offence concerned includes:
- childhood abuse
- sexual abuse
- domestic violence
and
- when an application for qualification has been denied because it was submitted outside the time limit set out in the Crime Victims Compensation Act.
This new application must be made
before October 13, 2024. To submit a new application, the victim must complete the following form
Reactivation of an application previously refused on out of time filing grounds.
Application for financial assistance equivalent to that for temporary total disability (TTD)
Benefits for temporary total disability (TTD) granted under the Crime Victims Compensation Act will cease no later than
October 13, 2024.
If the disability that gave rise to the TTD is still present on October 13, 2024, the victim may make a new application in connection with the same event to receive equivalent financial assistance under the Act to assist persons who are victims of criminal offences and to facilitate their recovery.
Financial assistance equivalent to TTD
Financial assistance to compensate for a loss of income (FALI)
For financial assistance to compensate for a loss of income, a physician, pharmacist, dentist or optometrist must produce a health assessment confirming the victim's inability to hold a job, perform work or assume the duties of an occupation that provides income as a result of the criminal offence. This health assessment must have been carried out after October 13, 2023, and must demonstrate that the victim will still be incapacitated after October 13, 2024.
The victim must provide proof of continued employment, such as a pay slip or letter from the employer attesting to the employment relationship.
Financial assistance to compensate for certain disabilities (FACD)
In the case of financial assistance to compensate for certain disabilities, a physician, pharmacist, dentist or optometrist must produce a health assessment confirming the victim's inability to perform his or her usual tasks as a result of the criminal offence, such as eating, hygiene, home maintenance, mobility or any other activity other than work. This health assessment must be carried out after October 13, 2023, and must show that the victim will still be incapacitated after October 13, 2024.
You can now apply for one of these financial assistance. It can be made in writing or by telephone. The documents required to analyze the application can be sent using the Online transmission of documents, by mail or by fax.
The amount of these financial assistance payments will take into account the amount paid in compensation for temporary total disability (TTD) and will be paid for a maximum period of 3 years, consecutive or not, following October 14, 2024.
Consult the video "Les dispositions transitoires" produced by the ministère de la Justice for a summary of the transitional measures.