Practice Direction on Requests to Vary an Order

Practice Directions support the Criminal Injuries Compensation Board (CICB) Rules of Procedure and provide guidance about what the CICB expects of the parties and, in turn, what the parties can expect from the CICB. They assist in understanding the Rules.

Scope of a Request to Vary

The request to vary process allows the CICB to consider changes in circumstances or evidence which was not available at the time the CICB made its decision. A request to vary is not a review or an appeal of an Order. The CICB will not vary a denial of compensation. For example, if the CICB denied your claim for lost wages you cannot ask the CICB to vary that order to award compensation for wage loss. If you disagree with that decision you must use the review or appeal processes to try to change the result.

The CICB will not award more compensation for pain and suffering unless you have new medical evidence which shows a change in circumstance not anticipated at the time the first order was made.

Who can make a Request to Vary?

A request to vary an order for compensation may be made by the:

  1. applicant
  2. applicant's dependant
  3. Attorney General
  4. alleged offender

How to Make a Request to Vary?

Complete the Application to Vary an Order for Compensation form and file it with the CICB.

If you are asking for additional compensation for medical, dental, physiotherapy, counselling or other treatments you must provide a report from the treatment provider.

How Does the CICB Decide a Request to Vary?

Requests to vary are usually decided in a written hearing.

The Member considers all the materials on file. This is why it is very important to include all the information you feel supports the Request.

Effective as of September 4, 2018