I-6 - Crime Victims Compensation Act

À jour au 16 janvier 2007

Ce document a valeur officielle.

chapter I-6

Crime Victims Compensation Act

1. In this Act, the following words mean:

(a)  “Commission” : the Commission de la santé et de la sécurité du travail;

(b)  “injury” : bodily injury, pregnancy, or mental or nervous shock; “injured” has a similar meaning;

(c)  “claimant” : the victim or, if he has been killed, his dependents, the person referred to in section 6 and the parents referred to in section 7.

1971, c. 18, s. 1; 1976, c. 10, s. 1; 1977, c. 5, s. 14; 1978, c. 57, s. 92; 1979, c. 63, s. 329.

2. Every crime victim or, if he has been killed, his dependents may avail himself or themselves of this Act and benefit from the advantages provided therein.

Not in force

Where the victim suffers a relapse after (insert here the date preceding the date of coming into force of chapter 54 of the statutes of 1993) and more than two years after the end of the last period of temporary incapacity for which he was entitled to an indemnity or, if he was not entitled to such an indemnity, more than two years after the date of the manifestation of his injury, he shall be subject, from the date of the relapse, to the provisions of the Act respecting assistance and compensation for victims of crime (1993, chapter 54) as if it were a new injury.

1971, c. 18, s. 2; 1993, c. 54, s. 211.

3. A crime victim, for the purposes of this Act, is any person killed or injured in Québec:

(a)  by reason of the act or omission of any other person occurring in or resulting directly from the commission of an offence the description of which corresponds to the criminal offences mentioned in the schedule to this Act;

(b)  while lawfully arresting or attempting to arrest an offender or suspected offender or assisting a peace officer making an arrest;

(c)  while lawfully preventing or attempting to prevent the commission of an offence or suspected offence, or assisting a peace officer preventing or attempting to prevent the commission of an offence or suspected offence.

Any person who, even if he has not been killed or injured, incurs material damage in circumstances described in paragraph b or c of this section, is also a crime victim.

1971, c. 18, s. 3; 1976, c. 10, s. 2.

4. The dependants of a victim are, for the purposes of this Act, the persons who, at the time of the crime or injury, as the case may be, were dependent on him within the meaning of the Workers’ Compensation Act (chapter A-3).

1971, c. 18, s. 4; 1976, c. 10, s. 3; 1978, c. 57, s. 76.

5. The advantages from which a crime victim or his dependents may benefit under this Act are those provided in Divisions III, IV and V of the Workers’ Compensation Act (chapter A-3).

In addition, any mother who is herself providing for the maintenance of a child born as the result of sexual assault, as described in section 271, 272 or 273 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), or of sexual intercourse as described in section 153 of the said Code may be granted, for the maintenance of the child, a monthly payment of compensation equal to that granted under the Workers’ Compensation Act to a widow having one child. However, payment of the benefit may be made to a person other than the mother if, due to the death of the mother or for other cause, such person provides for the maintenance of the child to the satisfaction of the Commission.

The victim or, if he has been killed, his dependents may receive a compensation of up to $1,000 for material damage incurred by the victim in the circumstances described in paragraph b or c of section 3.

1971, c. 18, s. 5; 1976, c. 10, s. 4; 1985, c. 6, s. 498.

5.2. The Government may, by regulation, determine the persons who are qualified to provide services under the measures taken under section 5.1, set the conditions such persons must meet, establish the tariff of fees payable by the Commission and set the maximum number of sessions the Commission may authorize.

2006, c. 41, s. 2.

6. Notwithstanding section 2, the person who, without being a dependent, has paid for the funeral expenses of the victim, may be reimbursed for them up to $3,000; if such a person has paid for the costs of transportation of the remains of the victim, he is entitled, in the cases provided for by the regulations made under the Workers’ Compensation Act (chapter A-3), to be reimbursed for the sum prescribed therein.

The amount of the indemnity for funeral expenses is revalorized on 1 January of each year in accordance with sections 119 to 123 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

1976, c. 10, s. 5; 1978, c. 57, s. 77; 2006, c. 41, s. 3.

7. Notwithstanding section 2, where the parents, that is the father or mother, of a minor child were not dependents of such child but were providing for his maintenance in whole or in part, they may invoke this Act to obtain an indemnity of $2,000 if the child died in circumstances to which this Act applies.

However, if the parents lived apart at the time of the death, only the person who then had physical custody of the child may invoke this section.

1976, c. 10, s. 5.

8. The claimant may elect to claim the benefit of this Act or institute civil proceedings against any person responsible for the material damage, injury or death.

If the sum awarded and collected under civil proceedings is less than the amount of the compensation the claimant would have obtained under this Act, he may invoke this Act to claim the difference by notifying the Commission and filing his application within one year from the date of the judgment.

1971, c. 18, s. 6; 1976, c. 10, s. 6.

9. Upon the production of a claim, the Commission is subrogated pleno jure in the rights of the claimant up to the amount it may be called upon to pay to him and it may, in its own name or in the name and stead of the claimant, continue or institute civil proceedings.

Any sum so recovered shall be paid into the Consolidated Revenue Fund.

If the claimant elects to avail himself of this Act, any agreements or compromises effected between the parties respecting the civil proceedings or the right to such proceedings is without effect until ratified by the Commission; payment of the amount agreed upon or adjudged shall be made only in the manner indicated by the Commission.

1971, c. 18, s. 7; 1976, c. 10, s. 7; 1978, c. 57, s. 78; 1999, c. 40, s. 148.

10. Nothing in this Act affects the right of the claimant who has elected to claim the benefit of this Act to recover from any person responsible for the material damage, injury or death the amounts required to make up, with the compensation, an amount equivalent to the loss actually sustained.

1971, c. 18, s. 8; 1976, c. 10, s. 7.

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 one year of the occurrence of the material damage or the injury suffered by the victim, or of his death.

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.

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.

12. An application for benefits under this Act, made in accordance with section 11, shall interrupt the prescription provided for in the Civil Code until the day the Commission or, as the case may be, the Administrative Tribunal of Québec renders its decision upon the application.

1971, c. 18, s. 10; 1977, c. 7, s. 26; 1997, c. 43, s. 303.

13. The application provided for in section 11 may be made whether or not any person is prosecuted for or convicted of the offence giving rise to material damage, injury or death, but the Commission may, on its own initiative or upon the application of the Attorney General, adjourn its proceedings pending the final determination of prosecution already instituted or of any prosecution that may be instituted subsequently.

1971, c. 18, s. 11; 1976, c. 10, s. 9.

14. Every person legally incapable of forming criminal intent is, for the application of this Act, considered capable of forming such an intent.

1971, c. 18, s. 12; 1976, c. 10, s. 9; 1999, c. 40, s. 148.

15. The provisions of the Workers’ Compensation Act (chapter A-3), except subsection 1 of section 3, that are not inconsistent with this Act apply with the necessary modifications.

Not in force

Sections 14 to 21, Chapter VIII of Title II, with the exception of sections 113 and 121, Chapter IX of that title and sections 140, 143 to 146, 148, 150 to 159 and Title III of the Act respecting assistance and compensation for victims of crime (1993, chapter 54) also apply, with the necessary modifications.

Not in force

The provisions of Chapter IX of Title II of that Act relating to decision, review and appeal do not apply to applications for review brought before (insert here the date of coming into force of chapter 54 of the statutes of 1993). Such applications shall be heard, continued, decided and appealed from in accordance with the provisions applicable to them on the date on which they were made.

1971, c. 18, s. 13; 1977, c. 5, s. 14; 1985, c. 6, s. 499; 1993, c. 54, s. 215.

16. If, upon receipt of an application the Commission is of opinion that it will probably grant the benefits under this Act, it may make temporary payments to the applicant for his maintenance and medical costs, if he is in need; if the Commission later concludes that the application should not be granted, the amounts paid under this section shall not be recoverable.

1971, c. 18, s. 14.

17. The Commission must notify the Attorney General of any application which it receives under this Act; he may present observations to the Commission and object to the application if he sees fit.

1971, c. 18, s. 15; 1997, c. 43, s. 304.

18. Where the indemnity in a case of total or partial disability cannot be determined on the basis of the victim’s earnings, the commission itself shall establish it according to the method it considers best suited to the circumstances.

1971, c. 18, s. 16; 1978, c. 57, s. 79.

19. If a person is convicted of a criminal offence in respect of an act or omission on which an application under this Act is based, proof of the conviction shall, after the time for an appeal has expired or if an appeal taken has been dismissed, or no further appeal is available, be taken as conclusive evidence that the offence has been committed.

1971, c. 18, s. 17.

20. The benefits under this Act shall not be granted:

(a)  if the victim is injured or killed in circumstances giving recourse to the Act respecting industrial accidents and occupational diseases (chapter A-3.001) or an Act other than an Act of the Parliament of Québec, either in his favour or in that of his dependents;

(b)  if the victim, through his gross fault, contributed to his injuries or death;

(c)  to a claimant who was a party to the offence or who, through his gross fault, contributed to the injuries or death of the victim;

(d)  if the victim is injured or killed as the result of a criminal act involving the use or operation of a motor vehicle, with the exception of the case provided for in section 265 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46).

If, in the case described in paragraph a, benefits provided by an Act other than an Act of the Parliament of Québec are smaller than those provided by this Act, the victim or a dependent, as the case may be, may claim the difference by virtue of this Act.

1971, c. 18, s. 18; 1976, c. 10, s. 10; 1985, c. 6, s. 500; 2006, c. 41, s. 4.

20.1. Where, by reason of an injury sustained by a crime victim or of his death as a result thereof, a person is entitled to an indemnity under the Automobile Insurance Act (chapter A-25) and compensation under this Act, that person may elect to claim either an indemnity under the Automobile Insurance Act or compensation under this Act.

Compensation under the Automobile Insurance Act sets aside any right to compensation under this Act.

1985, c. 6, s. 501.

21. Where, in circumstances to which this Act is applicable, a claimant obtains an indemnity under section 79 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the indemnity must be deducted from the amount applied for to the Commission.

1976, c. 10, s. 11.

22. An application validly made under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) or the Act to promote good citizenship (chapter C-20) and refused by the Commission on the ground that it should have been made under this Act is nevertheless deemed to have been validly made under this Act.

1977, c. 7, s. 27; 1985, c. 6, s. 502.

23. Not later than 30 June each year the Commission shall file with the Minister a report of its activities, in the administration of this Act, for the preceding fiscal period.

The Minister shall table the report of the Commission before the National Assembly within thirty days of receiving it, if the Assembly is in session or, if it is not sitting, within thirty days of the next session or of resumption, as the case may be.

1971, c. 18, s. 19; 1985, c. 6, s. 502.

24. The Minister of Finance shall repay the Commission, upon production of a statement, the expenses incurred by it in the administration of this Act.

1971, c. 18, s. 20.

25. The Minister of Finance may, at the request of the Commission, when it believes it necessary to ensure prompt payment of the compensation and annuities it decides to grant under this Act, deposit with the Commission from time to time money out of which it shall pay the compensation and annuities.

1971, c. 18, s. 21.

26. The moneys required for the purposes of sections 24 and 25 shall be taken out of the Consolidated Revenue Fund.

1971, c. 18, s. 22.

27. The Commission may, according to law, make an agreement with the government of another province or of a foreign country or with a body of such a government respecting the payment, to a victim not domiciled in Québec, of the benefits under this Act.

1971, c. 18, s. 23; 1988, c. 41, s. 91.

28. The Minister of Justice may, on behalf of the Gouvernement du Québec, make agreements with the government of Canada or with any body thereof respecting the payment by Canada to the province of Québec of the part of the expenses required for the application of this Act as determined by such agreements.

1971, c. 18, s. 24; 1977, c. 5, s. 14.

29. The Minister of Justice shall have charge of the carrying out of this Act.

1971, c. 18, s. 26.

The Minister of Health and Social Services exercises the functions of the Minister of Justice for the application of the first paragraph of section 5 of this Act, as regards medical aid provided for in Division IV of Workers' Compensation Act (chapter A-3). Order in Council 655-2020 dated 22 June 2020, (2020) 152 G.O. 2 (French), 2935.

30. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE

(Section 3)

Criminal Code

(Revised Statutes of Canada, 1985, chapter C-46)

Sections             Description of Offence


65         taking part in a riot
76         hijacking of an aircraft
77         actions endangering the safety of an aircraft in
           flight or rendering the aircraft incapable of flight
78         taking offensive weapons and explosive substances on
           board an aircraft
80         failure to take reasonable care in respect of
           explosives where death or bodily harm results
81         intentionally causing death or bodily harm by
           explosive substance
86         pointing a firearm or using a firearm in a dangerous
           manner
153        sexual intercourse with female under 14 or under 16
           years of age
155        incest
180        common nuisance causing harm
215        failure to provide necessaries
218        abandoning child
220        causing death by criminal negligence
221        causing bodily harm by criminal negligence
229        murder
234        manslaughter
239        attempted murder
244        causing bodily harm with intent
245        administering poison
246        overcoming resistance to commission of offence
247        setting traps likely to cause death or bodily harm
248        interfering with transportation facilities
258(1)     dangerous operation of vessel or towed object
258(4)     impaired operation of vessel
262        impeding attempt to save life
265        assault by use of motor vehicle
266        assault
267        assault with a weapon or causing bodily harm
268        aggravated assault
269        unlawfully causing bodily harm
270        assault interfering with lawful process
271        sexual assault
272        sexual assault with a weapon
273        aggravated sexual assault
279(1)     kidnapping
279(2)     unlawful confinement
343        robbery
423        intimidation by violence
430(2)     mischief causing actual danger to life
433        arson
436        causing fire resulting in loss of life
437        false fire alarm    

1971, c. 18, Schedule; 1976, c. 10, s. 12; 1985, c. 6, s. 503.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 18 of the statutes of 1971, in force on 31 December 1977, is repealed, except sections 25 and 27, effective from the coming into force of chapter I-6 of the Revised Statutes.

The amendments to the Workers’ Compensation Act (chapter A-3) enacted by chapter 57 of the statutes of 1978 apply to claimants whose entitlement to advantages under this Act commences on or after 1 January 1979.

However, amendments to section 34 and Division V of the Workers’ Compensation Act enacted by sections 17 and 31 of chapter 57 of the statutes of 1978 apply also to claimants whose entitlement to advantages under this Act commences before 1 January 1979. (1978, c. 57, s. 91).