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Financial assistance and leaves of absence for victims of crime

On October 13, 2021, the Gouvernement du Québec broadened the notion of victim of a criminal offence (of a crime). As a result, more people can now apply for financial assistance from the Indemnisation des victimes d’actes criminels (IVAC) plan.

The Act to assist persons who are victims of criminal offences and to facilitate their recovery This hyperlink will open in a new window. also contains provisions for:

  • providing more appropriate and equitable financial assistance
  • expanding eligibility to all criminal offences, including luring, sharing intimate images, procuring and criminal harassment
  • covering offences against the person committed outside Québec
  • removing the time limit for filing an application for financial assistance in cases of sexual or domestic violence, or childhood abuse.

Eligibility criteria for financial assistance

The definition of victim includes persons who have suffered harm to their physical or mental integrity due to a criminal offence committed against them. It also includes their parents, children, spouse, dependants and close relations.

Witnesses to a criminal offence or to the intact scene of the offence are also recognized as victims. 

For a victim to receive financial assistance, the crime must:

  • be an offence against a person (property crimes, such as fraud, are not included)
  • have been committed in Québec, or, with certain restrictions, outside Québec.
  • For crimes committed before October 13, 2021, the eligibility criteria in the previous legislation, the Crime Victims Compensation Act (CVCA), apply.

Persons who are victims:

  • are not required to file a complaint against the perpetrator to receive compensation
  • can receive compensation even if the perpetrator has not been identified, prosecuted or found guilty in criminal proceedings
  • may file an application for financial assistance on their own from age 14.

The eligibility criteria are summarized in the video Les critères de qualification This hyperlink will open in a new window. (in French only).

Application for compensation – Domestic or sexual violence or violence suffered during childhood

Were you were a victim of sexual or domestic violence or violence suffered during childhood? You have the following options.

Apply for compensation from IVAC (no time limit)

IVAC allows victims of criminal offences to obtain assistance services to mitigate the impact of traumatic events and receive support on their journey to recovery. In some cases the compensation is monetary.

There is no time limit for filing an application, irrespective of when the offence was committed.

However, if it occurred before October 13, 2021, the application must satisfy the eligibility criteria set out in the previous law (CVCA).

To file an application, visit the page Steps in an application for qualification This hyperlink will open in a new window. on the IVAC website and follow the steps.

All the documents you will need to prepare your application are available on the page Forms and Guides This hyperlink will open in a new window. on the IVAC website.

Apply for compensation

File a new application if you had an application refused before October 13, 2021.

Are you a victim of a criminal offence involving domestic or sexual violence or child abuse?

Did you previously file an application with IVAC before October 13, 2021?

Was your application refused for the sole reason that you filed it after the statutory time limit expired?

You may file a new application before October 12, 2024.

To do so, complete the form Reactivation of an application previously refused on out of time filing grounds This hyperlink will open in a new window., available on the IVAC website.

Application for compensation – Other crimes against the person

If you were the victim of a crime against the person after October 13, 2021, you must file your application with IVAC within:

  • three years of the victim becoming aware of the harm (injury, trauma, loss of revenue, etc.) suffered as a result of a criminal offence, or
  • three years of the death of a person resulting from a criminal offence.

Are you filing an application outside of those time limits? IVAC will analyze your application if you demonstrate a reasonable reason for the delay.

For crimes committed before October 13, 2021, the eligibility criteria in the previous legislation, the Crime Victims Compensation Act (CVCA), apply.

To file an application, visit the page Steps in an application for qualification This hyperlink will open in a new window. on the IVAC website and follow the steps.

All the documents you will need to prepare your application are available on the page Forms and Guides on the IVAC website.

Apply for compensation

Restitution for losses and damages

Have you suffered losses or damages for which a value can be easily determined? For example, if the accused damaged the front door to your house?

The criminal and penal prosecuting attorney (the lawyer who is prosecuting the accused) can help you by asking the judge to order the accused to pay you restitution.

Express to the case prosecuting attorney that you seek compensation for the damage.

You also have the right to request restitution from the accused by completing the form Statement on Restitution (SJ-1021B) (PDF 56 Kb).

You cannot seek restitution if the accused is a young person between 12 and 17 years old.

Workplace crimes

You may receive financial assistance if you were injured due to a criminal offence committed while you were at work.

Notify your employer as soon as it occurs. In turn, your employer must inform the Commission des normes, de l’équité, de la santé et de la sécurité du travail du Québec (CNESST) of the situation.

If you are the spouse or the dependant of a worker who died due to a criminal offence, you may receive financial assistance under certain conditions.

Contact the CNESST This hyperlink will open in a new window. to find out what assistance you are entitled to.

If you are the victim of a crime that renders you unable to perform your regular job, you are also entitled to a leave of absence from work. Visit the CNESST website This hyperlink will open in a new window. for more information.

Crimes involving a motor vehicle

Bodily injury

You may receive financial assistance if you were injured due to a crime that involves a motor vehicle (car, motorcycle, truck, bus, etc.).

If you are the spouse, the dependent or, in some cases, the child of a person who died due to a crime that involves a road vehicle, you may receive financial assistance.

Property damage

Your liability insurance, if you have any, may cover property damage caused by a criminal offence. For more information, contact your insurer.

If your liability insurance does not cover hit-and-run offences, check with the Société de l’assurance automobile du Québec (SAAQ) to see if you are eligible to be compensated for property damage.

No matter whether you have suffered bodily injury or property damage, contact the SAAQ This hyperlink will open in a new window. to find out what assistance you are entitled to.

Fraud

If you were a victim of fraud after doing business with:

  • an insurance, mutual fund or scholarship plan representative
  • a claims adjuster
  • a financial planner, or
  • a mortgage broker,
  • you may be entitled to compensation from the Fonds d’indemnisation des services financiers.

Visit the Autorité des marchés financiers website to file a compensation claim This hyperlink will open in a new window..

Accused enrolled in the Adult General Alternative Measures Program

The Adult General Alternative Measures Program (AGAMP) allows adults accused of certain crimes to take responsibility for their actions and resolve their legal problems without having to face the traditional justice system.

Under the AGAMP, they submit to alternative measures designed to help them understand the consequences of their actions and make amends for the harm they caused.

The criteria used to select the alternative measures include meeting the victim’s needs – financial and otherwise. For example, you could receive financial compensation from an accused in the program.

You will be notified if the criminal and penal prosecuting attorney (the lawyer who is prosecuting the accused) opts to admit the offender to the AGAMP.

Learn more about the Adult General Alternative Measures Program This hyperlink will open in a new window. (in French only).

Emergency assistance to leave a hostile environment

Are you a victim of sexual or domestic violence? If you cannot afford it, you are entitled to emergency financial assistance to quickly leave an environment that threatens your safety or your life.

This assistance can be used to cover some emergency expenses, such as transportation to a shelter. It also entitles you to appropriate medical care for the violence you suffered.

Ask a victim services worker or police officer to make the request for you.

Civil action and proceedings

Do you know the person who committed the crime you suffered?

You can seek financial compensation from them by filing a claim for damages and interest in civil court, which will lead to civil proceedings.

You may file a claim, irrespective of whether:

criminal charges have been laid against the perpetrator

they were found guilty.

The Civil proceedings section describes civil suits and the steps of the civil judicial process.

Claims not exceeding $15,000

You may take your case to the Small Claims Division of the Court of Québec, where you must act without legal counsel.

Claims over $15,000

We recommend consulting a lawyer.

Find a lawyer in the Barreau du Québec directory This hyperlink will open in a new window.

You may be eligible for legal aid services, which the Gouvernement du Québec offers free of charge or at low cost.

To check if you are eligible for legal aid, contact your nearest Community legal centre This hyperlink will open in a new window..

Last update: February 26, 2024

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