Understanding inconclusive status

If you received a letter about your Claim having inconclusive status, it means the Administrator is not yet able to assess your Claim’s eligibility. 

An inconclusive status is not an eligibility decision about your Claim. It does not mean your Claim has been denied. Your Claim is still active and awaiting a decision.

Eligibility

Eligibility for compensation depends on specific criteria approved by the Court.

In the Removed Child Class, the Settlement applies to First Nations Children were removed from their homes:

  • Between April 1, 1991, and March 31, 2022
  • While they were living most of the year living on reserve (Ordinarily Resident on Reserve) or in the Yukon
  • And placed into care funded by Indigenous Services Canada (ISC)

Some people removed from their homes may not meet the eligibility requirements of the Settlement.

This could include situations where:

  • The removal happened while neither the Child nor their biological or adoptive caregiver were living on reserve (Ordinarily Resident on Reserve)
  • The removal happened either before April 1, 1991, or after March 31, 2022
  • The placement was not funded by ISC
  • The removal happened through the provincial/territorial child welfare system

In the Removed Child Family Class, the Settlement applies to family caregivers who

  • Are the Child’s biological or adoptive parents or grandparents, or First Nation Stepparents
  • Were living with and caring for the Child when they were removed
  • Were the ones the Child was removed from first, if the Child was removed more than once

Foster parents are not eligible for compensation under this Settlement.

Some people removed from their homes may not meet the eligibility requirements of the Settlement.

This could include situations where:

  • The removal happened while neither the Child nor their biological or adoptive caregiver were living on reserve (Ordinarily Resident on Reserve)
  • The placement was not funded by ISC
  • The removal happened through the provincial/territorial child welfare system

Getting to a decision

According to the terms of the Settlement, the Administrator must follow a separate process to assess inconclusive Claims. This process is in development and must be approved by the Federal Court before the Administrator can assess the remaining inconclusive status Claims.

Why did the Claims Period open before the process to assess inconclusive Claims was complete? 

It was important to the Settlement Implementation Committee to start getting compensation into the hands of Claimants as soon as possible. Waiting another year or more past March 10, 2025, to start was not acceptable.

The Committee decided to open the first Claims Period before the process for assessing inconclusive Claims was complete. This decision ensured that people whose information could be confirmed early would not have to wait longer to receive compensation, allowing eligible Claimants to receive more than $654 million in the first year and $1 billion by the end of June 2026. 

0M+
paid to eligible Claimants in the first year
0B+
paid by the end of June 2026

This is also why:

  • Some Claims are processed earlier than others
  • Processing times may be different, as each Claim involves unique circumstances and may require different levels of review or supporting information — even when Claims were submitted at the same time or by members of the same family

What happens next?

  • You do not need to do anything right now. You do not need to hire a lawyer.
  • If you have been notified of an inconclusive status, your Claim remains active. The Administrator will contact you if additional information or next steps are required.
  • “Inconclusive” is a temporary status given to Claims that cannot be confirmed using records provided by ISC. It is not an eligibility decision, and it cannot be appealed.
  • Once the inconclusive assessment process is approved by the Federal Court, the Administrator can begin to assess remaining inconclusive status Claims.

Sign up to receive email updates about the Settlement. We will share information by email and over social media when we have a timeline for when the process may be approved and when assessment of remaining inconclusive status Claims will begin.

FAQs

This Settlement covers Child removals that were funded by Indigenous Services Canada and its predecessors (e.g., Indian Affairs and Northern Development until 2011 and Indigenous and Northern Affairs Canada until 2017). Records for these removals are in the ISC Database. These do not include Child removals that were funded directly by the First Nation under self-governance or by a different level of government. 

Individuals may request their Child removal records from ISC; however, these will be the same as the information included in the ISC Database. At this time, ISC does not have any additional data beyond what is being provided for the ISC Database.

If you received an Inconclusive Eligibility Letter, it’s because ISC has not been able to provide any documentation to show that your removal was funded by ISC. This may mean that your removal was not funded by ISC.

Any additional records submitted with respect to Claims with Inconclusive Eligibility will be processed after the Off-Database Claims Process has been approved.

The Database is now considered to be near complete.  

The process is under development and will not be available until it has Federal Court approval.

The Administrator is working with Class Counsel and the Settlement Implementation Committee to develop an Off-Database Claims Process. This process may include the Administrator seeking additional information about the indigenous removal from the Claimant, Child Welfare Agencies, First Nations, or other levels of government to determine whether the removal is covered by this Settlement.  

Yes. There are a number of class actions, often referred to as the Millenium Scoop Class Actions, at various stages in the courts, dealing with off-reserve removals. They are not connected to this Settlement. Find out more: Off Reserve Removals →

Questions about your situation?

Call the Administrator at 1‑833‑852‑0755 (toll free) between 8 a.m. and 8 p.m. ET Monday to Friday (excluding statutory holidays), choose your language and press 2 to speak with a Claims Helper.