Compensation

When Claims for Deceased Claimants are approved, payment of compensation depends on whether there is a Grant of Authority.

• Where a Grant of Authority is in place, compensation will be made payable to “the estate of” the Deceased Removed Child and sent to the attention of the Estate Representative.
• Where a Grant of Authority is not in place, compensation will be made payable to the highest priority living family members (heirs). Only the highest priority living heirs will receive compensation, which will be divided equally between the living heirs in the highest priority category (except for the spouse who will receive the entire amount). The priority of heirs will be determined using the following order:

1. Spouse
2. Child or Children
3. Grandchild or Grandchildren
4. Parents
5. Siblings
6. Grandparents

Different processing timelines apply depending on if there is a Grant of Authority in place. Claims submitted by Representatives with a Grant of Authority will take priority over Claims by Representatives without a Grant of Authority.

For Claims where there is no Grant of Authority, the Administrator must wait until after the Ultimate Claims Deadline (Claims Deadline plus the extension period) to process those Claims. This wait is required because the Administrator may receive more than one Claim by potential heirs for the same Deceased Claimant, and the Administrator must wait until all potential Claims are submitted before making a decision on who may be eligible as the highest priority living heir.

Claims by Removed Child Class Members who are over the Age of Majority will be processed as they are received. Once the Administrator has assessed your eligibility, they will send you an eligibility decision letter, indicating whether your eligibility is approved, denied or inconclusive.

If your eligibility is approved, you will receive an Approval of Eligibility Letter and Compensation Form. You have 60 days from the date of the Approval of eligibility Letter to confirm whether you would like to receive your compensation by direct deposit or mailed cheque. The Administrator will issue your compensation according to your instructions. If your completed Compensation Payment Form is not received by the Administrator within 60 days of the date on the eligibility letter, a cheque will be mailed to you. If your mailing address changes, please call the Administrator immediately.

Where a Grant of Authority is in place, the Administrator will assess Claims as they are received.

Where a Grant of Authority is not in place, the Administrator will assess Claims after the Ultimate Claims Deadline, which is after the Claimant’s three-year Claims Period and one-year extension period ends.

Representatives of Deceased Removed Children who were not placed off reserve and did not remain in care between January 1, 2006, and March 31, 2022, will receive a letter from the Administrator with more information about timeframes for assessment and payment, if eligible.

Each Class has a unique Claims Process. The Administrator will assess Claims following the Claims Process and timeframes for each Class.  

If you are eligible in multiple Classes, you will receive compensation according to the Claims Period timeframe of each Class in which you submit a Claim and are approved for compensation. For example, this means you could receive compensation under the Removed Child Class sooner than under the Removed Child Family Class, if you are eligible in both Classes. Compensation will not be combined, which means that if eligible under multiple classes, the total amount you receive will be the highest single amount for which you qualify.

Base Compensation comes to you as a payment either by direct deposit into a bank account in your name or by mailed cheque.

If you wish to receive compensation by direct deposit, you will need to have a bank account in your name. The Administrator is not permitted to issue payment to a bank account or issue a cheque in the name of anyone but the Claimant, the Deceased Claimant’s Estate or the approved heir of a Deceased Claimant.

Important: Once you have submitted the Compensation Payment Form, you cannot request changes to your selected payment method. This means you cannot switch between direct deposit or cheque.

If you selected direct deposit, do not close your bank account before you receive your compensation. If this happens, or you make other changes to your direct deposit information, your payment can then only be mailed by cheque.

Compensation for a Claimant who is a Person Under Disability will be made payable in the name of the Claimant and sent to the attention of their Personal Representative. You must have a bank account in the name of the Claimant for compensation to be issued, unless otherwise specified in the appointment order.

If you are potentially eligible for payments in addition to the Base Compensation, including interest, you do not need to take any action at this time. The Administrator may contact you at a later date to request more details related to your removal. It’s important to keep your contact information up to date so the Administrator can get in touch with you about additional payments and interest. To update your mailing address or contact information, call the Administrator at 1-833-852-0755. To protect your privacy, updates to personal information can only be accepted over the phone and are subject to identity verification screening to confirm the caller is the Claimant or their legally appointed representative.

You will not need to pay federal or provincial income tax on your compensation payment under this Settlement.

This means that you do not need to include your compensation as income on the annual tax return you submit to the Canada Revenue Agency. If you live in Québec, you do not need to report your compensation payment as income on your Québec provincial tax return.

What are Exceptional Early Payments?

Eligible Removed Child Class Claimants who are under the Age of Majority and have a terminal condition or severe degenerative life-threatening condition may be eligible to receive Exceptional Early Payments of up to $40,000 to fund or reimburse the cost of a life-changing or end-of-life experience.

Application Requirements

To assess the Claimant’s circumstances and eligibility for Early Payment, the Administrator requires a completed Minor Removed Child Class Early Payment Application Form. Along with the Form, the Administrator requires medical documentation and information about the life-changing or end-of-life experience request.

What kinds of medical documentation are required?

Medical records should be limited to only what is necessary to support the existence of the medical condition. It is not necessary to provide medical records about the Claimant’s complete medical history. The documentation must show:

• Medical professional’s name, address, and current contact information (phone number/email address)
• Date the medical condition was diagnosed
• Date the document was issued (should be no more than 24 months before the date you submit the Early Payment Application Form).

Examples of acceptable medical documentation include:

• A copy of a letter from the treating medical professional that describes the medical condition, clinical findings, diagnosis, and prognosis, OR
• A copy of a report from a medical test or investigation that confirms the medical condition, OR
• A copy of a report from a consultation with a specialist that confirms the diagnosis and prognosis for the medical condition, OR
• A copy of hospital records with details of hospital visits/stays for medical/surgical procedures or treatment of the medical condition (e.g., chemotherapy treatment), OR
• Copies of other relevant documentation that confirm the diagnosis/medical condition

Please do not send any original documents – only photocopies, scans, or photos.

How will your personal information be protected?

The personal information and medical documentation you submit with your Minor Removed Child Early Payment Application Form will be used only as required for assessing the Claimant’s eligibility to receive Early Payment on an exceptional basis. We use a range of physical, electronic and administrative measures to ensure that your personal information is protected. For more information, please review the Privacy Policy.