IVAC may deny your application for qualification for various reasons.
Lack of evidence of a criminal offence against the person
IVAC may deny an application for qualification if the facts reported by the victim do not demonstrate that a criminal offence against the person was committed.
IVAC does not require a complaint to be made against the assailant or that a trial be held to establish that there was a criminal offence. It bases its analysis on the information on file, including the information provided by the victim.
Gross fault and participation in the criminal offence
A victim of a criminal offence is not entitled to financial assistance if they:
- suffer physical or psychological harm or die as a result of their gross fault
- participated in the criminal offence committed against them
In these circumstances, their partner, close relations or parents, if the victim is an adult, are not eligible for financial assistance.
Exceptions
The victim's child may be eligible for financial assistance, even if the victim was guilty of gross fault or participated in the criminal offence.
The parent or the person who has parental authority over a minor victim could be eligible for financial assistance, even if the minor victim is guilty of gross fault or participated in the criminal offence.
If the victim can show that they were subjected to violence or a threat of violence beforehand, 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 who is 12 years of age or younger or to a person who is considered incompetent.
Compensation for a criminal offence under another act
Criminal offence that may be eligible for compensation under the Act respecting industrial accidents and occupational diseases (AIAOD) and the Act to assist persons who are victims of criminal offences and to facilitate their recovery (AAPVCO)
When a physical or psychological injury or death is caused by a criminal offence committed in the course of or in connection with work, both the AIAOD and the AAPVCO may apply. However, by operation of law, the compensation plan provided for in the AIAOD takes precedence over that of the AAPVCO. In this case, the victim must file the worker's claim with the CNESST. Following the CNESST's decision, if the claim is denied, the victim may submit their claim to IVAC and attach the CNESST's letter of refusal.
For criminal offences committed before October 13, 2021
The same principle was applicable for criminal offences committed before the Act came into force, since the AIAOD had priority over the Crime Victims Compensation Act (CVCA).
In this case, the victim must file their worker's claim with the CNESST. Following the CNESST's decision, if the claim is denied, the victim may submit their claim to IVAC and attach the CNESST's letter of refusal.
Criminal offence that may be eligible for compensation under the Automobile Insurance Act (AIA) and the AAPVCO
When an injury or death occurs as a result of a criminal offence involving a motor vehicle, both the AIA, for which the Société de l'assurance automobile du Québec (SAAQ) is responsible, and the AAPVCO may apply. To receive compensation, the victim must choose the plan that suits them best, either that of IVAC or that of the SAAQ, by completing the form Selection of Benefits.
For criminal offences committed before October 13, 2021
Before the AAPVCO came into force, the choice of plan option also applied, but only for the offence of assault committed by means of a motor vehicle.
For criminal offences committed before October 13, 2021
The victim is not entitled to financial assistance if:
- they suffered physical or psychological harm or died as a result of their gross fault
- participated in the criminal offence committed against them
The victim's close relations are not entitled to financial assistance.
If a file has already been opened at IVAC for an event and a denial decision has already been rendered, a second application for qualification may not be filed concerning the same criminal offence. An exception applies for the application for qualification of a minor child that is denied due to the absence of proof of injury.
Application for qualification after the time limit
IVAC may deny your application for qualification if you did not comply with the
prescribed time limit.