Act to assist persons who are victims of criminal offences and to facilitate their recovery

Here is the main changes for the Loi visant à aider les personnes victimes d’infractions criminelles et à favoriser leur rétablissement, that come into force on October 13, 2021 and a reminder of the current provisions of the Loi sur l’indemnisation des victimes d’actes criminels (LIVAC). The Règlement d’application de la Loi visant à aider les personnes victimes d’infractions criminelles et à favoriser leur rétablissement was also adopted to specify certain provisions as well as the modalities of application of the law.

The content of this text is informative and is intended to be an aid to understanding. Laws and regulations have legal force and priority at all times.

Notion of victim

The notion of victim has been broadened with the definition of several categories

From October 13, 2021

There will be several categories of victims.

Victims

The following people are considered to be victims:

the person against whom the criminal offence was committed
a parent of a child or a person who has parental authority over a child against whom a criminal offence was committed or who died as a result of a criminal offence
a child of a parent or a child over whom a person has parental authority against whom a criminal offence was committed or who died as a result of a criminal offence
the spouse of a person against whom a criminal offence was committed or who died as a result of a criminal offence
the dependant of a person against whom a criminal offence was committed or who died as a result of a criminal offence
a close relation of a person against whom a criminal offence was committed or who died as a result of a criminal offence
a witness to a criminal offence or to the intact scene

People who intervene

The following people are, as a result of a civic intervention, considered to be victims:

a person who suffers interference with their integrity or who dies while attempting to prevent a criminal offence from being committed
a parent of a child or a person who has parental authority over a child who dies or suffers interference with their integrity as a result of their intervention
a child of a person (parent or person who has parental authority) who dies or suffers interference with their integrity as a result of their intervention
the spouse of a person who dies or suffers interference with their integrity as a result of their intervention
a dependant of a person who dies or suffers interference with their integrity as a result of their intervention
a close relation of a person who dies or suffers interference with their integrity as a result of their intervention t

A person may qualify in more than one category of victim and receive financial assistance for each category.

Until October 12, 2021

Only the following people may be compensated:

a person who is the victim of a criminal offence
a witness present at the scene when the criminal offence was committed
a person who attempted to arrest an offender or who attempted to prevent a criminal offence from being committed
the parent of a child who is murdered by the other parent
the close relations of a victim or a person who intervenes

Who may file an application

A young person 14 years of age or older may file an application for qualification themselves

From October 13, 2021

A person 14 years of age or older who is a victim of a criminal offence will be able to file an application for qualification under the IVAC compensation plan.

Until October 12, 2021

Only people 18 years of age or older may apply for benefits under the IVAC plan. If the person is a minor, the application is filed by the parent of the minor or the person who has parental authority over the minor.

Time limit for filing an application

The time limit for filing an application for qualification has been amended

From October 13, 2021

The time limit to file an application for qualification with the IVAC will be 3 years. The time limit starts from the time the victim becomes aware of the damage they suffered as a result of the criminal offence or within 3 years of the death of a person as a result of a criminal offence.

However, their application will be examined if they show that there was a reasonable cause for their late filing.

For criminal offences involving domestic violence, violence suffered during childhood or sexual assault, an application for qualification may be filed at any time. There is no longer a time limit.

Until October 12, 2021

A victim has 1 year to apply for benefits if the crime was committed before May 23, 2013 and 2 years if the crime was committed after May 23, 2013.

However, their application will be examined if they show, for instance, that they were unable to act.

Criminal offences

The list of eligible criminal offences has been expanded

From October 13, 2021

Any criminal offence under the Criminal Code committed after March 1, 1972 that affects a person’s physical or psychological integrity is covered by the new Act. Criminal offences against property are still excluded.

Until October 12, 2021

Only the victim of a crime listed in the schedule to the CVCA is eligible for compensation.

Where the offence is committed

Criminal offence committed outside Québec

From October 13, 2021

A victim of a criminal offence committed outside Québec may receive financial assistance if the offence is considered a criminal offence in Canada. In particular, the victim must:

be a Canadian citizen, a permanent resident or have any other status determined by regulation;
be domiciled in Québec at the time of the criminal offence
have stayed in Québec for at least 182 days in the year preceding the criminal offence, excluding exceptions determined by regulation

Until October 12, 2021

In order for a victim to be eligible for the IVAC compensation plan, the criminal offence must have been committed in Québec.

Gross fault and participation in the criminal offence

Amendments have been made to the exclusion for gross fault

From October 13, 2021

A victim of a criminal offence will not be entitled to any financial assistance if:

they suffered interference with their integrity or die as a result of their gross fault
participated in the criminal offence committed against them

Their spouse, close relations or parents will not be eligible for financial assistance.

However, the victim’s child might be eligible for financial assistance.

The parent of a minor victim who is guilty of gross fault might be eligible for financial assistance.

Exceptions

If the victim can show that they were subjected to violence or a threat of violence, they might be eligible for financial assistance even if they participated in the offence or if they are guilty of gross fault.

Gross fault does not apply to a person who files an application in relation to domestic or sexual violence.

Gross fault or participation in a criminal offence does not apply to a victim 12 years of age or younger or to a person who is considered incompetent.

Until October 12, 2021

A victim is not eligible if, through their gross fault, they contributed to their injuries or death. Nor are their family and close relations eligible. Gross fault does not apply to an application concerning sexual violence.

Psychotherapeutic and psychosocial rehabilitation

A victim of a criminal offence may obtain financial assistance for psychotherapeutic or psychosocial rehabilitation

From October 13, 2021

Every eligible victim is entitled to financial assistance for psychotherapeutic or psychosocial rehabilitation in connection with the criminal offence.

Until October 12, 2021

An eligible victim is entitled to psychological or psychotherapeutic treatment that continues as long as it is deemed necessary by the therapist or other attending professional.

Crime scenes

Reimbursement of the cost of cleaning up crime scenes has been extended to all criminal offences

From October 13, 2021

A person who has paid for cleaning in a private home where a criminal offence was committed may be reimbursed for these costs.

Until October 12, 2021

A person who has paid for cleaning in a private home where a homicide was committed may be reimbursed for these costs.

Temporary total disability (TTD)

The temporary total disability benefit has been replaced by financial assistance to compensate for a loss of income or financial assistance to compensate for certain disabilities

From October 13, 2021

Temporary total disability (TTD) will be replaced by financial assistance to compensate for a loss of income or financial assistance to compensate for certain disabilities for unemployed victims. Only certain categories of crime victims will be eligible for this financial assistance.

Financial assistance to compensate for a loss of income or financial assistance to compensate for certain disabilities will be paid, for the same event, over a period of 2 or 3 years, depending on the category of victim.

Until October 12, 2021

Compensation is paid to victims of criminal offences until a physician determines that the injury has healed or stabilized or until the person returns to work.

Permanent disability (PD)

Permanent disability benefits have been replaced by a lump sum payment

From October 13, 2021

The benefits that were previously known as permanent disability (PD) benefits will be replaced by a lump sum payment. Only certain categories of crime victims will be eligible for a lump sum payment.

The lump sum payment will be established after a health assessment confirms the victim’s physical or psychological sequelae. It applies when there is no possibility of a significant improvement.

The lump sum payment may include an amount that covers loss of quality of life, pain, mental suffering or other unfavourable consequences that are temporary.

The lump sum payment may be paid in a single instalment or over a period of 12 or 24 months, at the eligible victim’s request.

If there is an aggravation of the consequences of the damage resulting from the criminal offence, the victim may have the aggravation recognized and request a reassessment of the lump sum payment.

Until October 12, 2021

Permanent disability is established based on the permanent physical or psychological impairment, or sequelae, and the victim’s inability to return to work (IRT).

Permanent disability is assessed as a percentage. It can be paid in the form of an annuity or an amount.

Lump sum payment in the event of death

The death annuity has been replaced by a lump sum payment in the event of death

From October 13, 2021

If a victim dies as a result of a criminal offence, a lump sum will be paid to certain categories of victim.

Until October 12, 2021

An annuity is paid to the spouse and dependants of a victim who dies as a result of a criminal offence.

Review

The time limit to file an application for a review of a decision rendered by IVAC has been extended to 90 days and the type of decisions subject to review has been expanded

From October 13, 2021

The time limit for filing an application for a review of a decision rendered by IVAC will be 90 days.

An application may be filed for a review of a decision rendered by IVAC, except where the decision grants the applicant the maximum financial assistance.

Until October 12, 2021

The time limit for filing an application with IVAC for a review of a decision on eligibility or the right to benefits is 30 days. In the case of a decision on permanent disability, it is 90 days.

Decisions on medical aid, overpayments and rehabilitation do not include a right of review.

Transitional measures

Measures have been provided for to ensure the transition from the previous legislative framework to the Loi visant à aider les personnes victimes d’infractions criminelles et à favoriser leur rétablissement (LAPVIC)

A victim who is eligible for the IVAC plan will continue to receive their benefits and services in accordance with the conditions or the time limits provided for in the Act.

Existing life annuities will continue to be paid.

However, if a person’s claim for benefits was denied, they may reapply for qualification under the new Act if:

the criminal offence concerned includes:
- violence suffered during childhood
- sexual violence
- domestic violence

and if

the claim for benefits was denied because the claim was not filed within the time limit provided for in the LIVAC

The new application for qualification must be filed before October 13, 2024.

Other transitional measures have also been provided for, in particular:

A claim received at IVAC before the day the LAPVIC comes into force will be examined based on the eligibility criteria in the LIVAC.
A benefit granted for total temporary disability (TTD) on the day the LAPVIC comes into force will cease on October 14, 2024 at the latest.
If a new disability or a new need arises after the day the LAPVIC comes into force, the assessment will be carried out in accordance with the provisions of the new Act.