There are various reasons why the IVAC’s Direction can refuse a claim. In this regard, in 2012, the IVAC rejected 39 applications because the event occurred prior to the entry into force of the Act and 69 others because it concluded that there was no evidence of injury. In addition, 209 decisions where the outcome was adverse to the applicant were made in the same year because the Direction found that the victim’s behaviour showed recklessness, a dangerous carelessness or gross negligence1.
In the same vein, since any adverse decision made by the IVAC’s Direction can be challenged by submitting a written request for review or reconsideration, it is important for each victim to examine its options while being mindful of deadlines for challenges. In this regard, it is important to note that the deadline for challenging a decision regarding permanent disability is 90 days and the deadline for all other decisions is 30 days. These time limits are always listed at the end of the written decision by the IVAC’s Direction, as well as the nature of the proceedings that can be undertaken to challenge this decision.
Moreover, in 2012, the Bureau de la révision administrative IVAC-Civisme reviewed 1,931 files from dissatisfied victims. Within these requests for review, nearly 239 were favourable to the victim. In addition, amongst the decisions rendered following requests for administrative reconsideration, nearly 84 did not uphold the decision of the first instance2.
These figures demonstrate the importance of taking action after being informed of an adverse decision by the IVAC’s Direction, especially since this organization covers a wide range of costs that the victim has to pay, such as medical care, medication and funeral expenses.
With the precious collaboration of Ms. Marylise Soporan, articling student.
1Commission de la santé et de la sécurité du travail du Québec, Direction de l’indemnisation des victimes d’actes criminels (IVAC), Rapport annuel d’activité 2012 , p.23.
2Commission de la santé et de la sécurité du travail du Québec, Direction de l’indemnisation des victimes d’actes criminels (IVAC), Rapport annuel d’activité 2012 , p.11.