If you are related to a person who died as a result of a crime, you and the deceased’s dependants may be entitled to certain benefits. In addition, funeral expenses and the cost of transporting the body may be partially reimbursed to the payer.
Assistance services are also provided to help overcome the psychological consequences of such events.
A person who has been the victim of a crime may receive compensation for the injury sustained.
Compensation may be in the form of:
- indemnities for temporary total disability
- a pension for permanent disability
- a pension for the maintenance of a child born as a result of sexual assault
- reimbursement of medical assistance expenses
- physical, social or vocational rehabilitation services or reimbursement of the cost of such services
If the victim dies during or as a result of the crime,
- his or her dependants (see Definitions) or parents, if he or she is a minor, may receive death benefits
- his or her close relations (see Definitions) are entitled to psychotherapeutic rehabilitation services
- the person who paid the funeral expenses, the cost of transporting the body and the cost of cleaning the crime scene may apply for a reimbursement
As part of the Commission des normes, de l'équité, de la santé et de la sécurité du travail, the Direction de l'indemnisation des victimes d'actes criminels (IVAC) is responsible for analyzing and processing applications for compensation.
Crimes in the Workplace
If the crime is committed during or as a result of the work of the victim, he or receives compensation under the Act respecting industrial accidents and occupational diseases, which has precedence over the Crime Victims Compensation Act.
Crimes Involving the Use of a Vehicle
If the crime involves the use of a vehicle, the victim receives compensation:
- under the Crime Victims Compensation Act or the Automobile Insurance Act (as the victim so chooses) in cases of assault
- under the Automobile Insurance Act, for all other types of crime (e.g. hit-and-run, dangerous driving, impaired driving).
Dependant
The following persons are considered to be dependants of the victim:
- the victim’s spouse
- the victim’s child, if the child is:
- less than 18 years of age
- between 18 and 25 years of age and is enrolled in an educational institution on a full-time basis
- over 18 years of age and considered to be disabled
- any other person who is wholly or partly dependent upon the victim’s income
Close relations
The following persons are considered to be close relations of the victim:
- the victim’s spouse
- the victim’s father or mother or a person standing in place of a parent to the victim
- a child of the victim or a child of the victim’s spouse
- the victim’s brother or sister
- the victim’s grandfather or grandmother
- a child of the spouse of the victim’s father or mother
Spouse
A person who meets one of the following criteria is considered to be the victim’s spouse:
- is married to or in a civil union with the victim and cohabits with him or her
- is of opposite sex or the same sex and has been living in a de facto union with the victim for 3 years, or for 1 year if a child was born of their union, and is publicly introduced as the victim’s spouse
- is entitled to receive support from the victim under a judgment or an agreement
Clientele and Requirements
Any person who has suffered physical or psychological injuries as a result of a crime. The parent of a child killed by a former spouse is recognized as a victim if the child was the main target of the crime.
If the victims dies, compensation may be granted to:
- his or her close relations or dependants (see Definitions)
- the person who paid the funeral expenses, the cost of transporting the body or the cost of cleaning the crime scene
Requirements
The following requirements apply:
- the crime must be listed in the schedule to the Crime Victims Compensation Act and have been committed in Québec
- the link between the injury (or death) and the crime must be certified by a member of a recognized professional order (proof will be required)
Restrictions
Compensation is not granted if:
- the victim contributed to his or her injuries or death through his or her gross fault (provocation, gross negligence, involvement in illegal activities)
- the crime was committed in circumstances subject exclusively to legislation other than the Crime Victims Compensation Act
In addition, compensation is not granted to persons who took part in the crime.
The following compensation is applicable to events that occurred in 2019.
Indemnities for temporary total disability
Indemnities for temporary total disability are paid to the victim for the period during which he or she is unable to work, pursue studies or engage in most of his or her usual activities and is receiving medical care or treatment.
The amount awarded and the frequency of payment depend on the victim’s situation at the time when the event occurred:
| Person holding employment |
90% of his or her usual net income, up to the maximum insurable income in effect, every 2 weeks, regardless of age |
| Person not holding employment or pursuing studies full time |
Depending on the age of the victim:
- 90% of the minimum wage in effect, every two weeks, if he or she is of full age
- compensation calculated based on minimum wage in effect on date disability first observed by a physician
|
If the victim is a minor, his or her indemnities are paid to a person of full age designated to administer them in the victim’s name (e.g. parent or tutor).
Pension for Permanent Disability
A pension for permanent disability is granted to a victim who, despite medical treatment, has physical or psychological sequelae for which no improvement is foreseeable. This pension, which is calculated in proportion to the victim’s degree of physical or mental disability, is paid monthly for the rest of the victim’s life or, in certain cases, is provided in a single payment.
Pension for the maintenance of a child born as a result of sexual assault
A pension for the maintenance of a child born as a result of sexual assault is paid monthly to the person who is responsible for the child.
The amount of the pension is based, in particular, on the wages of that person or, if the person did not hold employment at the time of the event, on the minimum wage in effect
Reimbursement of Medical Assistance Expenses
Medical assistance expenses that may be reimbursed to a victim include those incurred to:
- be transported by ambulance and receive care in a private institution
- buy medications or other pharmaceutical products
- buy prostheses or orthotic devices or have them repaired
- receive services from a health professional (e.g. physiotherapy treatments, dental care);
- other care determined by IVAC.
Rehabilitation Services and Reimbursement of Costs
As part of its rehabilitation programs, IVAQ:
- pays for certain rehabilitation services for victims, particularly:
- home assistance services
- psychotherapy services
- training, refresher and job search programs
- reimburses victims for other expenses related to their rehabilitation, such as lease cancellation costs, moving expenses or self-protection expenses (e.g. self-defence courses, alarm system)
Death Benefits for Dependants of a Deceased Victim
The amount of these benefits, which are paid in the form of a monthly pension, is determined on the basis of the victim’s earnings and number of dependants.
They are paid according to the following terms and conditions:
- Death benefits for surviving spouses are granted for a minimum period of 5 years. After that, payment ends if:
- the spouse receiving the benefits is under the age of 35, has no children and is not disabled
- the spouse receiving the benefits remarries, enters into a civil union or lives in a de facto union with a person publicly recognized as his or her spouse for 3 years, or for 1 year if a child is born of their union
- Death benefits for children cease when the child receiving the benefits reaches 18 years of age and is not disabled, unless he or she is attending an educational institution on a full-time basis
Death benefits for the father and mother of a victim who dies while still a dependant
The father and mother of a person who dies during a crime while still a dependant may receive an indemnity of $6,567 each.
However, one of the parents may receive, in addition to his or her indemnity, that which should normally have been paid to the other parent (for a total of $13,134), if that other parent cannot claim benefits under the Act because, for example, he or she:
- was the perpetrator of the homicide
- has been deprived of parental authority or has abandoned the dependent child
- was entitled to the indemnity but failed to submit a claim for it within 2 years following the victim’s death.
Psychotherapeutic Rehabilitation Services Following a Victim’s Death
Close relations of the deceased are entitled to:
- 30 psychotherapy sessions, in the case of a homicide or a disappearance
- 25 psychotherapy sessions in all other cases
Professionals consulted receive up to $86.60 per one hour session and are paid directly by IVAC.
Reimbursement of Death-Related Expenses
The person who paid expenses related to the victim’s death may be reimbursed for up to:
- $5,473 for funeral expenses
- $500 for the cost of transporting the body
- $3,503 for the cost of cleaning the crime scene, if:
- the crime scene is located in a private residence
- the victim died as a result of the crime
- the cleaning was done by a specialized cleaning firm
Terms and conditions of payment of compensation
Payment is by cheque or direct deposit.
Note
Compensation is:
- tax-free
- cannot be seized, except in the situations explicitly provided for in the legislation (e.g. the payment of a support debt)
- cannot be transferred to a third party.
The Crime Victims Compensation Act applies only to crimes committed since March 1, 1972.
