11. Every application for benefits under this Act, accompanied with the notice of election provided for in section 8, must be made to the Commission within two years of the occurrence of the material damage or the injury suffered by the victim, or of his death.
For the purposes of the first paragraph, the occurrence of an injury is the moment the victim becomes aware of the damage suffered and of its probable connection with the criminal offence.
If the claimant fails to apply and to give the notice of election within the prescribed time, he is presumed to have renounced the right to avail himself of this Act, subject to the second paragraph of section 8. This presumption may be rebutted if, among other things, it is shown that it was impossible for the victim to act.
The application and the notice of election must be made in the manner the Commission prescribes by regulation.
1971, c. 18, s. 9; 1974, c. 80, s. 7; 1976, c. 10, s. 8; 1999, c. 40, s. 148; 2013, c. 8, s. 5.