Procedure

Filing a compensation claim is free. You must file your claim for compensation within 3 years from the date the bodily injury is first manifested.

For your claim to be valid, your file must contain the following:

• ‘Compensation Claim’ form
• ‘Authorisation for Release of Medical Information’ form
• ‘Medical Report’ form completed by a physician who accepts to represent you. This physician can be, for example, your family doctor or the physician who prescribed the product that has caused the injury.

You may download these 3 forms  from the ministère de la Santé et des Services sociaux website (available in French only).

Return the 3 completed forms to the Institut national de santé publique du Québec, which manages the plan, at the following address:

Institut national de santé publique du Québec
Compensation plan for victims of a Héma-Québec product
190 Crémazie East Blvd., suite 1.21
Montréal (Québec)  H2P 1E2

If you have questions regarding the plan, you may call toll-free at 1-855-881-9870.

Your compensation claim will be examined by an evaluation committee of 3 physicians from the Collège des médecins du Québec. The Minister of Health and Social Services appoints the first physician and the victim appoints the second. These two physicians together appoint a third physician, who chairs the committee.

Once they have evaluated your file, the evaluation committee makes recommendation to the Minister of Health and Social Services regarding the following:

• Evaluation of the bodily injury you have suffered
• Whether or not there is a connection between the bodily injury suffered and the product distributed by Héma-Québec
• Compensation to be paid, determined with the help of the Société de l’assurance automobile du Québec (SAAQ)

Once they have examined the committee’s recommendations, the Minister of Health and Social Services renders their decision in writing.

When a claim is not eligible due to plan eligibility criteria that are not medical, the Minister of Health and Social Services can render a decision without the claim being examined by an evaluation committee.

Whether your claim is granted or denied, you will receive a letter signed by the Minister of Health and Social Services informing you of the decision.

If your claim is eligible for a medical evaluation, you will also receive a copy of the evaluation committee’s report.

If your claim is granted, you will receive compensation. The compensation will be paid by the Société de l'assurance automobile du Québec (SAAQ) under the mandate given to this organisation by the Ministère de la Santé et des Services sociaux. The SAAQ calculates and pays the compensation according to rules and provisions under the Québec Automobile Insurance Act.

If your claim is denied and you disagree with this decision, you can contest it by appealing to the Tribunal administratif du Québec. The act of appealing to the Tribunal administratif du Québec to contest the decision is equivalent to a civil lawsuit.  

Your appeal can be about the following:

• The denial of your compensation claim
• The compensation amount granted
• The compensation terms of payment

You have 60 days to contest from the date on which you are informed of the Minister of Health and Social Services’ decision.

If you are granted a compensation, you will continue receiving it even if you appeal before the Tribunal administratif du Québec.

The Tribunal administratif du Québec’s services (file review, hearing and judgment) are free. The Minister of Health and Social Services covers their own defense expenses.

However, you must pay for the costs of your legal proceedings. Meaning, you must cover the other fees related to your defense, such as the services of a lawyer if you choose to hire one to help you, the time you invest in the process, etc.

If you receive a settlement after your dispute, you must reimburse the Minister of Health and Social Services the total that you have already received, as you cannot be awarded compensation from two sources.

To appeal a decision, contact the Tribunal administratif du Québec:

• By email: tribunal.administratif@taq.gouv.qc.ca
• In person, in writing, or by phone:

Québec area

575, rue Jacques-Parizeau
Québec (Québec)
G1R 5R4

418 643-3418
Fax: 418 643-5335

Montréal area

500 René-Lévesque West Blvd., 21^st floor
Montréal (Québec)
H2Z 1W7

514 873-7154
Fax: 514 873-8288

Elsewhere in Québec

Dial the following number: 1 800 567-0278 (toll- free)