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About the Settlement Agreement

Eligibility

Claims Process

Representation

You must be an eligible Representative to submit a Claim on behalf of a deceased person. This means you must be either:

  • An individual who is legally appointed by way of a Grant of Authority (such as a will) to represent the estate of the Deceased Claimant (this is called an Estate Representative); or
  • A living heir (family member) of the Deceased Claimant (this is called an Heir Representative). Only certain heirs are eligible to submit a Claim, depending on the Class and circumstances of the Claimant.

In most situations, it is possible to submit a Claim for a Deceased Class Member who meets the eligibility requirements of the Class. However, exceptions apply if the deceased person was:

  • A Removed Child Family Class Member whose associated Removed Child was placed off reserve with non-family between April 1, 1991, and December 31, 2005; or
  • A Trout Family Class Member

In these situations, the deceased person must have submitted a complete Claim prior to their death for their estate to be eligible for compensation.

Who will receive compensation for an eligible Deceased Claimant varies according to the Class and the circumstances. In some situations, who is eligible to receive compensation may not be the Representative who submits the Claim.

Learn more about submitting a Claim for someone who has passed away.

If a Class Member submitted a complete Claim prior to death, their Claim will be reviewed by the Administrator according to the eligibility requirements of the Class.

If eligible, compensation will be paid directly to the estate of the Claimant when a Grant of Authority (such as a will) is in place, or to the highest priority heir when a Grant of Authority is not in place.

The exception is when the Claim is for a Deceased Removed Child Family Class Member whose associated Removed Child was in care off reserve with non-family anytime during the period from January 1, 2006, to March 31, 2022. In this case, any compensation will be divided equally among the living children of the Deceased Caregiving Parent or living grandchildren of the Deceased Caregiving Grandparent.

A representative is someone who can submit a Claim on behalf of another person.

 

There are two types of representatives:

  1. A legally appointed representative designated by the courts or by Indigenous Services Canada (ISC) to make decisions on behalf of:
  • A Person Under Disability who lacks the mental capability to manage or make decisions about their legal or financial affairs, or
  • The estate of a Class Member who is deceased.
  1. A family member who is an eligible heir of a Deceased Claimant.

Who can be a representative depends on the Class and the circumstances of the Claimant.

Learn more about representatives.

The information and documentation you will need to submit depends on the situation of the Claimant and the type of representative you are. In all cases, you will need to provide a copy of valid government-issued identification (ID) for yourself, as well as government-issued ID for the Claimant.

Learn more about submitting a Claim for a Person Under Disability.

Learn more about submitting a Claim for someone who has passed away.

Claims Portal

Claim Assessment and Appeals

Compensation

Supports for Claimants

General