Dans un soucis de mieux répondre aux besoins de sa clientèle, la Direction de l'IVAC est fière de vous présenter son nouveau site Web!

Vous pourrez facilement trouver des informations très complètes et plus simples à comprendre en ce qui concerne entre autres les victimes d'actes criminels, les sauveteurs, les services et indemnités offerts et les étapes d'une demande de prestations.

Nous espérons que vous serez satisfaits des efforts mis pour améliorer notre site. Si toutefois vous avez des commentaires ou suggestions qui pourraient nous aider à le bonifier, n'hésitez pas à nous le laisser savoir en communiquant avec nous.

​​​​ The Charter of the French language and its regulations govern the consultation of English-language content.

​​​​ The law to assist persons who are victims of criminal offences and to facilitate their recovery is now in force. Consult the main changes brought about by this new law.​​​​​


 Victims: possible criteria for refusing a request for qualification

​​The Direction générale de l'IVAC may refuse your application for the following reasons :

No preponderance of evidence of a criminal offence

The Direction générale de l'IVAC may refuse a request for qualification if the description of the circumstances of the event does not demonstrate that a criminal offence against the victim has occurred.

The Direction générale de l'IVAC does not require that a complaint be filed against the aggressor or that a trial be held in order to establish that a criminal offence has occurred. It bases its analysis on the information provided by the victim, including the information on the application for qualification, in order to make a decision on the application.


Application filed after the deadline

For events occurring on or after October 13, 2021

The time limit to apply for qualification with the IVAC is now 3 years. It starts from the moment the victim becomes aware of the harm he or she has suffered as a result of the criminal offence or within 3 years of the death of a person caused by a criminal offence.

However, if the time limit is exceeded, the application will be considered if the person demonstrates a reasonable reason for the delay.

For criminal offences involving domestic violence, sexual violence or violence suffered during childhood, the application for qualification can be made at any time. There is no longer a time limit.

For events prior to October 13, 2021

The 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. This time limit is calculated from the time the person became aware of their injury in connection with the crime.

However, if the time limit is exceeded, the application will be analyzed if the victim demonstrates, among other things, that it was impossible to act.

The Direction générale of the IVAC will proceed with a specific analysis to determine if an application could be accepted even if it seems to be submitted outside the time limit. This is the case when it is demonstrated that the victim was unable to act, i.e., that he or she was not able to file the application within the required timeframe due to, for example:

  • a disabling physical or psychological condition
  • a situation of vulnerability

Coverage of criminal offences

For events occurring on or after October 13, 2021

All crimes against the person occurring on or after October 13, 2021 are eligible for compensation. Property crimes are not covered by the plan.

For events prior to October 13, 2021

Only victims of a crime listed in the Appendix of the LIVAC can be eligible for the IVAC plan.


Gross fault and participation in the criminal offence​​​

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 also 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.

 

For events prior to October 13, 2021

The victim is not entitled to any financial assistance if :

  • he or she suffered an injury or death due to his or her gross negligence
  • he or she participated in the criminal offence of which he or she is a victim

The victim's relatives are also not entitled to any financial assistance.


The criminal offence gives rise to the application of another law

For events occurring on or after October 13, 2021

Event that may give rise to the application of the Loi sur les accidents du travail et les maladies professionnelles (LATMP) and the LAPVIC

When an injury or death occurs as a result of a criminal offence committed in the course of or in connection with work, both the Loi sur les accidents du travail et les maladies professionnelles (LATMP) and the LAPVIC may apply.

However, by operation of law, the compensation regime provided for in the LATMP takes precedence over that of the LAPVIC. In this case, the victim must file a claim with the CNESST.

Event that may give rise to the application of the Loi sur l’assurance automobile (LAA) and the LAPVIC

When an injury or death occurs as a result of a motor vehicle crime, both the LAA and LAPVIC may apply. The victim cannot combine the financial assistance offered by each. The victim must choose the plan under which he or she wishes to be compensated and notify the Direction générale de l'IVAC by completing the compensation options form.

For events prior to October 13, 2021

If the crime occurs in the workplace, the Loi sur les accidents du travail et les maladies professionnelles takes precedence over the Loi sur l'indemnisation des victimes d'actes criminels. A claim must be submitted to the CNESST.

Following the CNESST's decision, if the claim is refused, the victim may submit his or her claim to the Direction générale de l'IVAC by attaching the CNESST's refusal letter.

If the criminal act involves a road vehicle, a victim intentionally injured by a road vehicle must choose the plan that best suits him or her, that of the IVAC or that of the SAAQ, in order to be compensated and thus exercise his or her right of option.


The crime was committed outside Quebec

For events occurring on or after October 13, 2021

A person who is the victim of a criminal offence committed outside Quebec may receive financial assistance if the offence is considered a criminal offence in Canada. The victim must

  • be a Canadian citizen, permanent resident or have any other status determined by regulation
  • be domiciled in Quebec at the time of the criminal offence
  • have lived in Quebec for at least 183 days in the year preceding the criminal offence, except for the exceptions determined by regulation

If the criminal offence occurred in another province or territory in Canada, the victim must first apply to that other province or territory's plan. If the amount of money the victim is entitled to under that plan is less than the amount of money the victim would be entitled to under the IVAC plan, the victim may apply to the Direction générale de l’IVAC for the difference.

For offences committed outside of Canada, the person must choose between the IVAC system or the system of the state where the offence was committed.

For events prior to October 13, 2021

The crime must have been committed in Quebec.


​Psychological, physical or material damage

For events occurring on or after October 13, 2021

The victim is no longer required to demonstrate the harm he or she has suffered in order to analyze the victim's application for qualification. However, any application for qualification received after October 13, 2021, but for which the criminal offence was committed before that date, must be accompanied by evidence of the harm.

For events prior to October 13, 2021

A medical report that contains a medical diagnosis is the most appropriate document to attach to the claim to serve as objective evidence that an injury occurred as a result of the crime. However, if the victim has another medical, psychosocial, or psychological document or police report in his or her possession that factually describes the injury caused by the crime, he or she may attach it to serve as proof of injury.


The criminal offence occurred before the Act came into force

The Loi sur l'indemnisation des victimes d'actes criminels came into force in March 1972. A criminal offence committed prior to that date cannot be considered for compensation.


A decision has already been rendered on the same file

From October 13, 2021

For criminal offences for which there is no longer a time limit (domestic violence, sexual violence or violence suffered during childhood), victims who have had their application for benefits refused in the past for the sole reason that they were outside the time limit may, within 3 years of the coming into force of the LAPVIC, file an application using the form provided for this purpose: Request for qualification - Non-applicable crimes.

In other cases, if a file has already been opened at the Direction générale de l'IVAC for an event and a decision has already been rendered for that event, the Direction générale cannot accept a second application concerning the same facts.



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