P-9.2.1, r. 1 - Regulation respecting the application of the Act to assist persons who are victims of criminal offences and to facilitate their recovery

Section 38 Disposition versions

2021-10-13

38. In the event of the death of a person who is a victim by reason of the commission of a criminal offence, the lump sum established on the basis of the foreseeable sequelae that the victim would have suffered is determined

(1)  in accordance with Division II when the victim dies more than 12 months after the commission of the criminal offence and permanent functional and esthetic sequelae sufficiently serious to correspond to a category of severity were medically foreseeable. Compensation is calculated on the basis of the impairments that the victim would have suffered on a permanent basis;

(2)  in accordance with Division III

(a)  when the person who is a victim dies more than 24 hours after the commission of the criminal offence but within 12 months thereof;

(b)  when the person who is a victim dies more than 12 months after the commission of the criminal offence and it was medically foreseeable that no permanent functional or esthetic sequelae would have been suffered or that the severity of the sequelae would have been insufficient to give entitlement to a lump sum under Division II.

The lump sum is paid to the succession. However, it is not paid if the person who is a victim dies within 24 hours after the commission of the criminal offence.

O.C. 1266-2021, s. 38.

Not in force

In force: 2021-10-13

38. In the event of the death of a person who is a victim by reason of the commission of a criminal offence, the lump sum established on the basis of the foreseeable sequelae that the victim would have suffered is determined

(1)  in accordance with Division II when the victim dies more than 12 months after the commission of the criminal offence and permanent functional and esthetic sequelae sufficiently serious to correspond to a category of severity were medically foreseeable. Compensation is calculated on the basis of the impairments that the victim would have suffered on a permanent basis;

(2)  in accordance with Division III

(a)  when the person who is a victim dies more than 24 hours after the commission of the criminal offence but within 12 months thereof;

(b)  when the person who is a victim dies more than 12 months after the commission of the criminal offence and it was medically foreseeable that no permanent functional or esthetic sequelae would have been suffered or that the severity of the sequelae would have been insufficient to give entitlement to a lump sum under Division II.

The lump sum is paid to the succession. However, it is not paid if the person who is a victim dies within 24 hours after the commission of the criminal offence.

O.C. 1266-2021, s. 38.