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About the Settlement Agreement
What is the First Nations Child and Family Services and Jordan’s Principle Settlement about?
The Settlement provides compensation to First Nations individuals who, while under the Age of Majority, were removed from their homes between April 1, 1991, and March 31, 2022, by Child Welfare Authorities. The removal from home must have happened while the Child or at least one of their Caregiving Parents or Caregiving Grandparents were Ordinarily Resident on Reserve or living in the Yukon, and the placement must have been funded by Indigenous Services Canada.
The Settlement also provides compensation to First Nations Children who experienced a delay, denial or gap in in receiving essential services and who had a Confirmed Need for those services between April 1, 1991, and November 2, 2017. This treatment discriminated against the Children and broke a legal rule known as Jordan’s Principle.
Certain eligible Caregiving Parents or Caregiving Grandparents of these Children will also be compensated through the Settlement.
What does the Settlement Agreement include?
The Settlement Agreement includes $23.34 billion in compensation for impacted First Nations Children and their Caregiving Parents or Caregiving Grandparents.
The Settlement also includes a $50 million fund to provide access to culture, community and healing-based programs to Class Members, and a $90 million fund to benefit high-needs Jordan’s Principle Class Members, to ensure their personal dignity and well-being.
More details can be found in the Settlement Agreement Order issued by the Federal Court on October 24, 2023.
Who is responsible for administering the Settlement and what do they do?
Deloitte LLP has been appointed by the Federal Court as the Administrator for the Settlement.
The role of the Administrator is to provide noticing (communications) and implement the Claims Process. This includes reviewing each Claim, determining eligibility and communicating eligibility decisions with Claimants.
The Administrator is an independent body that reports to the Settlement Implementation Committee, a court-appointed committee that includes First Nations and Class Counsel representatives. The Federal Court supervises the implementation of the entire Settlement Agreement.
Who is Class Counsel for the Settlement and what do they do?
Class Counsel are the lawyers representing Class Members.
Collectively, “Class Counsel” means: Sotos LLP, Kugler Kandestin LLP, Miller Titerle + Company, Nahwegahbow Corbiere, and Fasken LLP.
Class Counsel provides free legal advice to Claimants related to this Settlement, as needed. In addition, Class Counsel supports oversight of the Settlement’s administration as part of the Settlement Implementation Committee.
Who is paying the legal fees related to this Settlement?
All costs associated with implementing the Settlement, including legal fees and supports for Class Members, are in addition to the $23.34 billion settlement amount and will be covered by Canada.
All of the $23.34 billion is going to Claimants. All other costs to implement the Settlement are funded separately by Canada.
Is this Settlement connected to the Sixties Scoop or Indian Day School Settlement?
No, the First Nations Child and Family Services and Jordan’s Principle Settlement is not connected to either the Federal Indian Day School or the Sixties Scoop Settlements. It is a separate settlement. Both the Sixties Scoop and Federal Indian Day School Settlements are closed and no longer accepting claims for compensation. You can learn more at:
- Federal Indian Day Schools Settlement
- Sixties Scoop Settlement
If you received compensation through another settlement, it does not impact your eligibility under the First Nations Child and Family Services and Jordan’s Principle Settlement if you meet the eligibility criteria.
Does the long-term reform settlement process impact compensation in the First Nations Child and Family Services and Jordan’s Principle Settlement?
The negotiations about long-term reform of the First Nations Child and Family Services Program are separate to this Settlement Agreement. These negotiations have no impact on the compensation available under the First Nations Child and Family Services and Jordan’s Principle Settlement.
What is the Cy-près Fund?
The First Nations-led Cy-près Fund is designed to benefit the following Class Members:
- Class Members who do not receive direct payment under the Settlement
- Approved Jordan’s Principle Class Members who require additional support from the time they reach Age of Majority in the province or territory in which they reside, to their 26th birthday
There is $50 million in the Cy-près Fund, which will be used to provide culturally sensitive and trauma-informed supports to the Class.
More details about the Cy-près Fund will be shared when information becomes available.
Will the Settlement Funds accrue interest? What will happen to any interest earned by the Settlement Funds?
Yes. The money paid into the Settlement by Canada is being invested to earn interest. In addition to the main compensation Trust Fund, a separate $1 billion Interest Reserve Fund has been created, which also earns interest.
Interest earned on the Interest Reserve Fund will be used to pay interest to eligible Class Members. As detailed in the Settlement Agreement, interest earned from other Settlement Funds will be distributed to Eligible Class Members. None of the interest will be paid to the Government of Canada.
What happens to the Settlement funds if there is money left over once all Claims Periods are closed?
If there is money or earned interest left over after eligible Claimants have been compensated, the remaining funds will be distributed to eligible Claimants at the direction of the Settlement Implementation Committee, as outlined in the Settlement Agreement. The distribution method will be approved by the Court. Surplus funds will not be returned to the Government of Canada.
Surplus funds will be distributed to Approved Class Members in the following order of priority:
- Approved Removed Child Class Members; then
- Approved Jordan’s Principle Class Members; then
- Approved Trout Class Members; then
- Approved Essential Service Class Members; then
- Approved Removed Child Family Class Members.
More information about surplus funds can be found in sections 6.11 and 19.03 of the Settlement Agreement.
If I participate in this Settlement, does that mean I cannot take further action against Canada?
Only individuals who opted out of this Settlement may be able to bring an action against Canada in the future. If you did not opt out of Settlement, you will not be able to take legal action against Canada or make an application to the Canadian Human Rights Tribunal regarding the same discriminatory conduct that is the subject of the class action.
I have a complaint or concern. What should I do?
You can report your concerns to the Administrator toll-free by calling 1-833-852-0755 (Monday to Friday from 8 a.m. to 8 p.m. ET excluding statutory holidays) or by emailing Generalinfo@Contact.FNChildClaims.ca. Alternatively, you can speak directly with a Claims Helper you are working with.
All complaints will be reviewed and investigated by the Administrator.
Eligibility
Who is included in the Settlement?
The following Class Members may be eligible for compensation:
- A First Nations individual
- Who, while under the Age of Majority, was removed from their home between April 1, 1991, and March 31, 2022, by Child Welfare Authorities
- The removal happened while the Child or their Caregiving Parents or Caregiving Grandparents were Ordinarily Resident on Reserve in Canada or living in the Yukon
- The placement was funded by Indigenous Services Canada (ISC)
- A First Nations Child who had a confirmed need of an essential service but faced a delay, denial or a service gap in receiving support between April 1, 1991, and November 2, 2017
- A First Nations Child who was placed off reserve with non-family between April 1, 1991, and March 31, 2022, where a Child Welfare Authority was involved at the time of the placement, but the caregiver who looked after the child during the placement did not receive any funding related to the placement
- Certain Caregiving Parents or Caregiving Grandparents of First Nations Children described above
Learn more about the Classes included in the Settlement.
What are the Classes and why are there so many?
Nine Classes are included in this Settlement: Removed Child Class, Removed Child Family Class, Kith Child Class, Kith Family Class, Essential Service Class, Jordan’s Principle Class, Jordan’s Principle Family Class, Trout Class, and Trout Family Class.
The Settlement includes multiple Classes because it is a consolidation of three separate class actions addressing discrimination in the way child and family services were funded and provided to First Nations.
Each Class includes different groups of people who were harmed in different ways. This is why each of the Classes has different eligibility criteria and a unique Claims Process.
Learn more about the Classes.
How do I know which Class to submit a Claim for?
Eligibility requirements for each Class will be published when the Claims Period for the Class opens.
In general:
- Classes related to the removal of First Nations Children from their homes are the Removed Child Class, Removed Child Family Class, Kith Class and Kith Family Class.
- Classes related to the experience of delays, denials or gaps in receiving essential services for First Nations Children are the Essential Service Class, Jordan’s Principle Class, Jordan’s Principle Family Class, Trout Child Class and Trout Family Class.
To learn about eligibility for each Class, visit the Class pages. The Eligibility Information Tools may also help you understand the eligibility rules for each Class. When the Claims Period for each Class opens, its Eligibility Information Tool will become available.
If you have questions about the Classes, you can contact the Administrator toll-free by calling 1-833-852-0755 (Monday to Friday from 8 a.m. to 8 p.m. ET excluding statutory holidays) or by emailing Generalinfo@Contact.FNChildClaims.ca.
What is the difference between Trout Class, Essential Service Class and Jordan’s Principle Class?
The difference between Trout Class, Essential Services Class and Jordan’s Principle Class is the time when the delay, denial or service gap occurred as well as the level of impact on the individual.
All three Classes include First Nations individuals who, while they were Children (under the Age of Majority in their province or territory of residence) did not receive an essential service related to a Confirmed Need from Canada or whose receipt of an essential service was delayed. This includes a denial, a service gap or delayed service by Canada.
You may be a member of Jordan’s Principle Class or Essential Services Class if you experienced the situation described above between December 12, 2007, and November 2, 2017.
You may be a member of Trout Class if you experienced the situation described above between April 1, 1991, and December 11, 2007.
Can I be eligible under more than one Class? What should I do if I think I am eligible for multiple Classes?
Some Claimants may be eligible for compensation under more than one Class. For example, you may be eligible as both a Removed Child Class Member and a Removed Child Family Class Member.
You will need to submit a separate Claim Form for each Class.
If you are approved in multiple Classes, you will receive compensation according to the Claims Process timeframe for each of those Classes. This means you could receive compensation under the Removed Child Class sooner than you would under the Removed Child Family Class if you are eligible in both Classes.
If you are eligible under more than one Class, your compensation amounts will not be combined. This means you will receive the higher single amount you are eligible for. For example:
- If you were eligible as a Removed Child Class Claimant and received a Base Compensation amount of $40,000; and
- If you were also later found to be eligible as a Caregiving Parent or Caregiving Grandparent and your total compensation under that Class was $126,000; then
- The $40,000 and $126,000 compensation amounts would not be combined. You would receive the remainder ($86,000) for a total compensation of $126,000.
Do I have to be a First Nations individual to be eligible for compensation? What if I live on reserve, but don’t have full status?
Claimants in the Child Classes (Removed Child Class, Essential Services Class, Jordan’s Principle Class, Kith Child Class and Trout Child Class) must be First Nations individuals, as defined in the Settlement Agreement, to be eligible for compensation.
In the Family Classes (Removed Child Family Class, Jordan’s Principle Family Class, Kith Family Class and Trout Family Class), biological or adoptive non-First Nations Caregiving Parents or Caregiving Grandparents may be eligible to receive compensation if they meet the eligibility requirements of the Class. Stepparents must be First Nations and may be eligible under the Removed Child Family Class, Jordan’s Principle Family Class and Trout Family Class. Stepparents are not eligible for compensation under the Kith Family Class.
Family Class Claimants will need to provide proof of how they are related to the Child along with their Claim Forms (for example, a long-form birth certificate that includes the names of the Child’s parents or proof of legal adoption).
How is a First Nations person defined under the Settlement?
Under this Settlement Agreement, a First Nations person primarily refers to a Class Member who:
- Is registered under the Indian Act; or
- Was entitled to be registered under sections 6(1) or 6(2) of the Indian Act, as it read as of February 11, 2022; or
- Is a band member of a First Nation that controls its membership and was included on the band membership list before February 11, 2022.
This definition may differ for each Class. More information will be made available when the Claims Period for each Class opens.
If a Child didn’t have status when they were removed, could they still be eligible for compensation?
Yes. A Child who did not have status when they were removed, but who meets the Settlement Agreement’s definition of a First Nations individual when their Claim is submitted, may be eligible for compensation.
Why are Métis and Inuit Children excluded?
Compensation available for the Child Classes is limited to approved First Nations Claimants. This is because the class actions that led to the Settlement specifically concern First Nations individuals who, as Children, were either removed from their homes by Child Welfare Authorities or faced delays, denials or service gaps in receiving support from the child welfare system.
Under the Family Classes, biological and adoptive Caregiving Parents and biological or adoptive Caregiving Grandparents (including those who are Inuit or Métis) may be eligible for compensation if they meet the eligibility requirements of the Class. Stepparents must be First Nations and may be eligible under the Removed Child Family Class, Jordan’s Principle Family Class and Trout Family Class. Stepparents are not eligible for compensation under the Kith Family Class.
Why does the Settlement only cover First Nations Child removals that happened between April 1, 1991, and March 31, 2022?
This Settlement is specifically about discriminatory underfunding of the Government of Canada’s First Nations Child and Family Services Program, which was put into place on April 1, 1991. For this reason, First Nations children removed from their homes before the start of the FNCFS Program are not included in this Settlement.
The Class Periods for the Removed Child Class and the Kith Child Class end as of March 31, 2022, because Canada increased its First Nations Child and Family Services Program funding as of April 1, 2022, to comply with the related Canadian Human Rights Tribunal ruling.
What does Ordinarily Resident on Reserve mean?
"Ordinarily Resident on Reserve" means the Child or at least one Caregiving Parent or Caregiving Grandparent lived most of the year on a First Nations reserve. They may have been temporarily living off reserve for education or work or to receive social services or other essential care, but if their main home was on reserve, they are considered to have been Ordinarily Resident on Reserve.
Why are Child removals that happened off reserve not eligible?
This Settlement is about the discriminatory underfunding of the First Nations Child and Family Services Program, which was a program that the federal government administered specifically for First Nations Children living on reserve or in the Yukon.
As a result, to be eligible for compensation under the Removed Child Class or Kith Child Class, the Child or at least one of their Caregiving Parents or Caregiving Grandparents had to be Ordinarily Resident on Reserve or living in the Yukon when the Child was removed.
What does “out-of-home placement” mean?
Out-of-home placement refers to the location of placement of First Nations Children who lived on reserve or in the Yukon and who were removed from their homes by Child Welfare Authorities. The location of placement may include an Assessment Home, Non-kin Foster Home, Paid Kinship Home, Group Home, Residential Treatment Facility or another similar placement funded by Indigenous Services Canada (ISC).
Out-of-home placement does not include a placement with family members or other care facilities not funded by ISC.
Are Children who were removed from their homes and then later returned eligible for compensation?
Yes, First Nations Children in the Removed Child Class and Kith Child Class who were removed from their homes and later returned, as well as their Caregiving Parents or Caregiving Grandparents, may be eligible for compensation if they meet the eligibility requirements of the relevant Class.
Are Children who were Crown Wards eligible for compensation? What about their Caregiving Parents or Caregiving Grandparents?
First Nations Children who were Crown Wards may be eligible for compensation if they meet the eligibility requirements of the Class.
Similarly, the Caregiving Parents or Caregiving Grandparents of First Nations Children who were Crown Wards may be eligible for compensation if they, and the associated Children, meet the eligibility requirements of both Classes.
Are children who were under Court supervision, but not removed from their homes, eligible for compensation? What about their parents or grandparents?
Children who were under Court supervision but who were not removed from their homes are not eligible for compensation as part of the Removed Child Class and Kith Child Class. This means their parents or grandparents are also not eligible for compensation in relation to those children as part of the associated Family Classes.
Are children who left home on their own eligible for compensation? What about their parents or grandparents?
Children who left home on their own, without any involvement of Child Welfare Authorities, are not eligible for compensation as part of the Removed Child Class and Kith Child Class.
This means the parents and grandparents of a child who left home on their own, without any involvement of Child Welfare Authorities, are also not eligible for compensation in relation to that child as part of the associated Family Classes.
Am I eligible for compensation if I was raised under customary care?
It depends on the specific circumstances and may be different by Class.
If you were removed from your home by Child Welfare Authorities and placed in paid customary or kinship care and the placement was funded by Indigenous Services Canada, you may be eligible for compensation under the Removed Child Class.
If your Caregiving Parent or Caregiving Grandparent placed you off reserve with a non-family caregiver, and a Child Welfare Authority was involved in your placement, you may be eligible for compensation under the Kith Child Class.
Does the reason for the removal of the Child impact eligibility for the Child or the caregiver?
The reason for the Child’s removal does not impact the Child’s eligibility for compensation under the Removed Child Class or Kith Child Class.
However, Caregiving Parents and Caregiving Grandparents who committed Abuse (as defined by the Settlement Agreement) that resulted in the Child’s removal are not eligible for compensation in relation to that Child.
Abuse is defined in the Settlement Agreement as “sexual abuse (including sexual assault, sexual harassment, sexual exploitation, sex trafficking and child pornography), or serious physical abuse causing bodily injury, but does not include neglect or emotional maltreatment.”
Are parents and grandparents who did not live with their Removed Children or Grandchildren eligible for compensation?
No. To be eligible for compensation, a parent or grandparent in the Removed Child Family Class or Kith Family Class must have been living with and assumed and exercised parental responsibilities for the Removed Child at the time of their removal.
Are deceased persons eligible for compensation?
In most cases, Deceased Class Members who meet the eligibility requirements of the Class may be eligible for compensation. However, in certain Classes, some restrictions apply. Specifically:
- In the Removed Child Family Class, only two types of Deceased Caregiving Parents or Caregiving Grandparents who passed away on or after April 1, 1991, may be eligible for compensation:
- Type A: Those who submitted a complete Removed Child Family Class Claim Form before the Claims Deadline and prior to passing away. For these Claims, any compensation may go to the estate of the deceased person or to their highest priority living heirs, unless they qualify under Type B; or
- Type B: Those who had a child removed during the Class Period (between April 1, 1991, and March 31, 2022), placed off reserve with non-family and still in care anytime between January 1, 2006, and March 31, 2022. For Type B, any approved compensation will be divided among the living children of the Caregiving Parent or living grandchildren of the Caregiving Grandparent. If there are no living children or living grandchildren, the Claim is not eligible for compensation.
- In the Trout Family Class, Deceased Caregiving Parents or Deceased Caregiving Grandparents of a Trout Child who passed away on or after April 1, 1991, may be eligible for compensation only if they also experienced the highest level of impact and submitted a complete Claim during the Claims Period before they passed away.
Base Compensation amounts for Deceased Class Members vary according to the Class and the circumstances of the Claimant.
Refer to the Class “compensation” pages on this website for more information about compensation for Deceased Class Members.
Are Stepparents and Step-grandparents eligible for compensation?
For the Removed Child Family Class, Jordan’s Principle Family Class and Trout Family Class, a Stepparent may be eligible for compensation as a Caregiving Parent if they are First Nations and a spouse of the associated Child’s biological Caregiving Parent. The Stepparent must have lived with that Child's biological Caregiving Parent and contributed to the Child’s support for at least three years before the Child was removed or experienced a Delay, Denial or Service Gap.
Stepparents of Kith Child Class Members are not included in the Settlement and are not eligible for compensation.
Step-grandparents are not eligible for compensation. This includes:
- The parents of a Stepparent, and
- Someone who is the spouse of a Caregiving Grandparent, but who does not have a biological or adoptive relationship with the Child.
Are foster parents or foster grandparents eligible for compensation?
No, foster parents and foster grandparents are not eligible for compensation under this Settlement.
The Settlement is aimed at compensating the following individuals who were harmed by the Government of Canada’s discrimination and underfunding of the First Nations Child and Family Services Program, specifically:
- First Nations Children
- Their biological or adoptive Caregiving Parents or First Nations Stepparents
- Their biological or adoptive Caregiving Grandparents
Are siblings, cousins or godparents eligible for direct compensation?
Siblings, cousins or godparents are not eligible to receive direct compensation from this Settlement unless they adopted an eligible Child through a verifiable provincial/territorial or custom adoption process and meet the requirements of the relevant Family Class as a Caregiving Parent or Caregiving Grandparent.
In certain situations, siblings may be eligible for compensation if they are the highest priority living heir of an eligible Deceased Claimant where no Grant of Authority (such as a will) is in place for the Claimant.
Siblings may also benefit indirectly from the Cy-près Fund, which provides culturally sensitive, trauma-informed supports to Class Members.
If I was removed from home due to Abuse by a caregiver, how can I report it to ensure they don’t receive compensation?
If you are a Removed Child or Kith Child who was removed from your home due to Abuse by a parent or grandparent, you can call the Administrator toll free at 1-833-852-0755 to report the Abuse.
When you call the Administrator, you will be asked for the caregiver’s name and other identifying information. You do not need to share details about the Abuse you experienced.
The Administrator will note your report in their records and may contact you at a later date, if necessary.
Caregivers who commit Abuse, as defined by the Settlement Agreement, that led to a Child’s removal are not eligible for compensation in relation to that Child.
The Settlement Agreement defines Abuse as sexual abuse (including sexual assault, sexual harassment, sexual exploitation, sex trafficking, and child pornography) or serious physical abuse causing bodily injury. The Settlement Agreement does not include neglect or emotional maltreatment in its definition of Abuse.
If you want to talk to someone about your experience, we encourage you to contact the Indigenous-led Hope for Wellness Helpline, which offers free mental health and wellness support. You can connect with them 24 hours a day over the phone by calling 1-855-242-3310 or through the online chat at www.HopeForWellness.ca.
What will happen if multiple Caregiving Parents or Caregiving Grandparents submit a Claim for the same Removed Child? Who will receive compensation?
When more than two Caregiving Parents or Caregiving Grandparents submit a Claim for the same Removed Child or Kith Child, whomever the Child was removed from first will have priority to receive Base Compensation.
Up to two Base Compensation payments for the same Removed Child or Kith Child can be distributed among the Child’s eligible Caregiving Parents and Caregiving Grandparents.
If the Caregiving Parents or Caregiving Grandparents who the Child was removed from first cannot be confirmed, or if the Child was first removed from more than two Caregiving Parents or Caregiving Grandparents, eligibility priority will be:
- Category A: Caregiving Parents who are not Stepparents; then
- Category B: Caregiving Grandparents; then
- Category C: First Nations Stepparents (Removed Child Class only)
The First Nations Stepparent of a Removed Child may be eligible for compensation if they were the spouse of and lived with the Removed Child’s biological Caregiving Parent and contributed to the support of the Child for at least three years before the Child was removed. In certain cases, eligible Stepparents may have to share one Base Compensation payment. Learn more.
Stepparents of Kith Child Class Members are not included in the Settlement and are not eligible for compensation.
Are Children who were placed on reserve eligible for compensation? What about their Caregiving Parents and Caregiving Grandparents?
Yes. First Nations Children who were removed from their homes by Child Welfare Authorities and placed in care funded by Indigenous Services Canada, including paid placements to an assessment home, non-kin foster home, paid kinship home or other ISC-funded placements on reserve or in the Yukon, may be eligible for compensation if they meet all eligibility requirements for the Removed Child Class.
Caregiving Parents and Caregiving Grandparents of these Children may be eligible for compensation as part of the Removed Child Family Class, provided both they and the associated Removed Child meet the eligibility requirements of their Classes.
Eligibility does not include:
- Placements in a non-paid kin or community home
- Removals that took place in the Northwest Territories or Nunavut
This information applies only to the Removed Child Class and Removed Child Family Class.
Claims Process
What is the Claims Process?
The Claims Process is a Court-approved document that outlines how Class Members can submit a Claim for compensation and how the Administrator processes Claims.
Each of the nine Classes of the Settlement will have a unique Claims Process, including specific deadlines, eligibility requirements, Claim Forms and other submission requirements.
Each Claims Process also includes timelines for the Administrator to review and process Claims and distribute compensation to eligible Claimants.
Will the person who reviews my Claim be a First Nations individual?
Some of the people reviewing Claims will be First Nations individuals and all reviewers are trained to impartially apply the eligibility rules of the Class, as defined in the Settlement Agreement.
Many people supporting the Settlement, including Contact Centre staff and Claims Helpers, are First Nations individuals, so Claimants needing additional help can receive support from First Nations individuals as they are completing their Claim Forms.
Everyone who processes Claims or interacts with Claimants in this Settlement has completed a Settlement tailored Cultural Safety and Inclusiveness Training.
When will the Claims Period for each Class open?
The Claims Period (the period of time when Claimants can submit a Claim) for each Class will open in phases after the Claims Process for each Class has been approved by the Federal Court. The Claims Process is a document that details the steps the Administrator will follow to review Claims and make decisions about eligibility. Each Claims Process will include a unique Claims Period and timelines for submitting a Claim and receiving compensation.
The Claims Period is now open for the following Classes:
To receive updates and news about the Settlement and the Claims Process for each Class, sign up for the Settlement news or explore the Settlement website.
You must have already reached or be within two years of reaching the Age of Majority in the province or territory where you live to submit a Claim.
Learn more about Age of Majority.
When will compensation be available?
Once a Claims Period opens, the Administrator begins assessing and making eligibility decisions on Claims received for that Class. Each Claim is unique, and the amount of time required for the Administrator to assess, determine eligibility, and issue compensation in each Claim varies.
For the Removed Child Class, Claims are currently being assessed in the order they are received. In general, these Claimants can expect to receive an eligibility decision 6 to 8 months after submitting their Claim. Base Compensation will be issued in the weeks after the Claimant confirms their preferred payment method.
Removed Child Family Class Claims will receive eligibility decisions and compensation after their Ultimate Claims Deadline. For Removed Child Family Class Members who had reached the Age of Majority by March 10, 2025, the Ultimate Claims Deadline is March 10, 2029.
How do I submit my Claim?
When the Claims Period for your Class opens, you will be able to submit your Claim Form directly to the Administrator through the Online Claims Portal or by mail, email, or fax.
Note that each Class has specific timelines and requirements. You must submit a completed Claim Form to the Administrator before the deadline. If you think you are eligible in more than one Class, you must complete a separate Claim Form for each Class during the Class’s Claims Period.
Learn more about submitting a Claim.
I submitted my Claim. How will I know if the Administrator received it?
If you submitted your Claim by mail, email, or fax, the Administrator will send a “Confirmation of Receipt” letter to the mailing address you provided on your Claim Form. If you do not receive this letter within a few weeks of submitting your Claim, contact the Administrator at 1-833-852-0755 or by emailing Generalinfo@Contact.FNChildClaims.ca.
If you submitted your Claim using the online Claims Portal, you will receive an email confirming that your Claim was received. Check your junk or spam folder if you do not receive this email confirmation.
Even if you use the Claims Portal to submit your Claim Form, the Administrator may need to contact you with a letter sent in the mail. Please be sure to call the Administrator if your mailing address changes so they can communicate with you about your Claim.
I need more time to complete my Claim. Can I get an extension?
Each Class will have a three-year Claims Period when you can submit a Claim. The deadline for submitting a Claim will be available when the Claims Period for the Class opens. See the "Submitting a Claim” page for the Claims Period timelines for your specific Class.
If personal circumstances prevent you from submitting your Claim in the three-year Claims Period, you can ask the Administrator for a one-year extension. Complete and submit a Request for Deadline Extension Form detailing the reasons you were not able to send in your Claim Form on time. The Administrator will review the form and let you know if your request for an extension is approved.
The Request for Deadline Extension Form will be available prior to the first Claims Deadline of March 10, 2028.
What information and documentation will I need to provide to make a Claim?
All Claimants will need to provide a copy (photocopy, scan or photo) of an approved form of government-issued identification (ID) along with their Claim Form. If you are a representative who is submitting a Claim on behalf of a deceased Claimant or a Person Under Disability, you will need to provide a copy of your valid government-issued ID as well as government-issued ID for the Claimant.
Certain Claimants will need to provide additional supporting documentation. The documents required depend on:
- The Class you are applying under
- Whether you are submitting a Claim for yourself or on behalf of someone else (as a representative)
Providing the correct and complete supporting documents will help the Administrator process your Claim.
I don’t have a government-issued identification (ID), or my ID has expired. What should I do?
If you, or the person you represent, do not have a valid form of government-issued ID, or if the ID has expired, you will need to apply to the relevant government office to get valid ID.
If you need support getting valid government-issued ID, Claims Helpers are available to help you, at no cost. Contact the Administrator toll-free by calling 1-833-852-0755 (Monday to Friday from 8 a.m. to 8 p.m. ET excluding statutory holidays) or by emailing GeneralInfo@Contact.FNChildClaims.ca and press 2 to be connected with a Claims Helper.
Do I need to provide a copy of both sides of my identification (ID)?
Yes, please submit a copy of both sides of your valid government-issued ID (or any other documents) with your Claim Form. Please make sure the copies are clear and all of the information on the ID can be read.
Can I submit a Claim if I don't have a phone number or an email address?
Yes. You can submit a Claim if you do not have a phone number or an email address. However, you will need a mailing address so the Administrator can contact you about your Claim by mail.
Learn more about how to get ready to submit a Claim.
If you have questions about your specific situation, please contact the Administrator toll-free by calling 1-833-852-0755 (Monday to Friday from 8 a.m. to 8 p.m. ET excluding statutory holidays) or by emailing GeneralInfo@Contact.FNChildClaims.ca.
Do I need my child welfare records to submit a Claim?
You do not need your child welfare records to submit a Claim under the Removed Child Class or Removed Child Family Class.
The Claims Process for other Classes of the Settlement, including supporting documentation requirements, are still in development and will be available once the Claims Period for each Class opens.
Be sure to check what is needed for your Class and submit all required documentation. The Administrator will contact you if additional information is needed. Be sure to keep your mailing and contact information up to date with the Administrator.
Will I need to tell my story to submit a Claim or receive compensation? Is there a way to tell my story if I want to?
If you are a member of the Removed Child Class or the Removed Child Family Class, you do not need to provide information about your experience. If necessary, the Administrator may request additional information to confirm your eligibility.
The Settlement Agreement does not include a mechanism for recording testimonials.
Visit Indigenous Services Canada for additional wellness resources.
What is meant by Age of Majority?
Age of Majority is the age at which a person is legally considered an adult.
In Canada, the Age of Majority is either 18 or 19, depending on the province or territory you currently live in. Age of Majority is:
- 18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan
- 19 in British Columbia, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut and the Yukon
Anyone who is younger than the Age of Majority in their home province or territory is considered a minor.
Anyone who is older than Age of Majority in their home province or territory is considered an adult.
I am a minor who is under the Age of Majority where I live. Can I submit a Claim?
You can submit your Claim if you are within two years from reaching the Age of Majority in the province or territory where you currently live. You may submit a Claim Form up to two years before reaching this age, but compensation will only be issued once you have reached the Age of Majority, if you are eligible.
The Administrator cannot accept Claims from individuals who are more than two years younger than the Age of Majority where they live.
Can someone submit a Claim on my behalf?
Every person must submit their own Claim. The only situations where a representative can submit a Claim on behalf of a Class Member are:
- As a Personal Representative of a Person Under Disability; or
- As a Representative of a Class Member who has passed away. A Representative may be either legally appointed (called an Estate Representative) or a family member who is an eligible heir (called an Heir Representative).
Claims by family members or legal guardians on behalf of another living person (including a minor) are not permitted unless the Claim is made by the legally appointed Personal Representative of a Person Under Disability.
Learn more about representatives.
What if I am unable to file a Claim due to health issues or other reasons?
If you need support while filling out your Claim Form, you can have a trusted family member or friend assist you. You can also contact the Administrator at 1‑833‑852‑0755 (toll-free) to ask questions about the Claims Process or to walk you through the Claim Form. If you require additional help, the Administrator may direct you to a Claims Helper. Claims Helpers are available, at no cost, to help you complete your Claim Form, learn how to obtain identification, and connect you to cultural and wellness resources and supports.
Regardless of who helps you, you must read and understand everything that is included in the Claim Form, and sign and submit the Claim Form yourself.
Every Claimant needs to submit their own Claim. The Administrator will not accept Claims submitted on behalf of another person unless the Claim is submitted by a legally appointed representative or eligible heir.
I live outside Canada. Can I still submit a Claim?
Yes, if you believe you meet the requirements under the Settlement Agreement, you may submit a Claim Form regardless of where you currently live.
Learn more about submitting a Claim.
What happens if I miss the deadline for the Claims Period?
Claims must be submitted before the deadline for the applicable Class. Claimants in all Classes will have a three-year period to submit their Claims.
If personal circumstances prevent you from submitting your Claim by the deadline for your Class, you may be able to request a one-year extension, which is subject to approval by the Administrator. The Request for Deadline Extension Form will be available prior to March 10, 2028.
See the “Submitting a Claim” page for your Class to learn about timelines for submitting a Claim.
What types of identification (ID) will I need to provide to make a Claim?
You will need to provide a copy (photocopy, scan or photo) of an approved form of valid government-issued ID along with your completed Claim Form. If you are a representative submitting a Claim on behalf of someone else, you will need to provide copies of government-issued ID for you and for the Claimant.
The Administrator will accept several forms of identification, including your birth certificate, driver’s licence and Certificate of Indian Status. See the complete list of approved forms of identification.
Be sure to submit a copy (photocopy, scan or photo) of any documents you are submitting. Do not submit the originals. Original documents received by the Administrator cannot be returned.
What happens if I submit my Claim with missing information?
Be sure to review the Claim submission requirements and submit a complete Claim before the deadline for your Class.
The Administrator will review your Claim Form and documentation to ensure you provided everything that is required. If information is missing, or additional information is needed, the Administrator will contact you.
If the Administrator asks you for additional or missing information, provide it as soon as possible once you receive the request from the Administrator.
There are important deadlines for providing missing information. You will need to ensure the Administrator receives any missing information by the later of:
- Six months after the Claims Deadline (e.g., if your Claims Deadline is March 10, 2028, this means by September 10, 2028); or
- Six months after the date of the Administrator’s request for missing information.
If the missing information is not provided within the above timeframes, the Administrator will send a Final Notice for Missing Information Letter. Prior to sending this final notice, the Administrator will verify that you were offered support with locating and submitting missing information to the Administrator. If missing information is not received by the Administrator within six months of the date of the Final Notice, your Claim will be denied.
If you made a mistake on your Claim Form, have additional information, or need to make changes to your submitted Claim Form, including updates to your personal and contact information, please call the Administrator immediately at 1-833-852-0755.
I am a Caregiving Parent or Caregiving Grandparent of several Children who were removed. How many Claims should I submit?
Caregiving Parents and Caregiving Grandparents of multiple Removed Children, and their representatives, should submit one complete Claim under the Removed Child Family Class. The Claim Form to use depends on your situation:
- Use Claim Form C if you are a Removed Child Family Class Claimant submitting a Claim for yourself, or the Personal Representative of a Removed Child Family Class Claimant who is a Person Under Disability
- Use Claim Form D if you are an Estate Representative or Heir Representative of a Removed Child Family Class Claimant who has passed away
Part 6 of the Claim Forms for the Removed Child Family Class (Claim Form C and Claim Form D), “Information about each Removed Child’s placement” provides space for you to include details about up to two Removed Children.
If more than two Removed Children are associated with your Claim, you can download and add extra Part 6 pages to your Claim, as follows:
- Use Form 2C: Removed Child Family Class – Additional Page if you are submitting Claim Form C
- Use Form 2D Removed Child Family Class – Additional Page if you are submitting Claim Form 2D
You can find Claims Forms for the Removed Child Family Class, including the Additional Pages on the Submitting a Claim webpage for the Class.
If you can’t use the Additional Page from the website, you can just write all of the Part 6 details for additional Removed Children on a separate piece of paper and send it in with your Claim Form.
If you identify additional Removed Children after you have submitted a Claim Form, you may submit another Claim Form before the deadline.
What is the Indigenous Services Canada (ISC) Database, and how is it used in the Claims Process?
The Indigenous Services Canada (ISC) Database is a confidential database of information that contains certain details about the removal of First Nations individuals who may be Removed Child Class Members or Kith Child Class Members.
Canada has provided the Administrator access to the ISC Database for the purpose of administering the Claims Process, specifically for the purpose of confirming the eligibility of Removed Child Class and Kith Child Class Claimants. The Administrator may use the ISC database for this purpose exclusively and may not provide information included in the ISC Database to any party.
The ISC Database does not include complete child welfare records.
What if my name and other information is not in the Indigenous Services Canada (ISC) Database?
If the Administrator is unable to locate your information in the ISC Database, you may receive an Inconclusive Eligibility Letter stating that a decision about your eligibility cannot be made based on available information.
The Administrator will continue to review the Database while it is being updated to see if your information can be located. The continued review of the ISC Database will take place until Canada confirms that no further updates to the Database are to be made.
A process is under development for Claimants who receive an Inconclusive Eligibility Letter. This process will provide direction on next steps for Claimants who, by the time the ISC Database is finalized, are still awaiting an eligibility decision.
Why do I have to submit a Claim Form if the Administrator already has the details of my removal from the Indigenous Services Canada (ISC) Database?
Anyone who wants to receive compensation under this Settlement is required to submit a Claim Form. The Administrator must have a completed Claim Form with your name, current address, signature and a copy of your government-issued identification to process your Claim.
Learn more about submitting your Claim.
Representation
Can I submit a Claim on behalf of another person?
Every person must submit their own Claim, except when the person has an eligible representative who can submit a Claim on their behalf.
The situations where a representative can submit a Claim on behalf of a Class Member are when:
- the Claimant is a Person Under Disability; or
- the Claimant has passed away.
In these cases, the individual submitting the Claim is called a representative.
A representative may be either legally appointed or, in the case of a Class Member who has passed away, a family member who is an eligible heir. Claims by family members or legal guardians on behalf of another living person (including a minor) are not permitted unless the Claim is made by the legally appointed Personal Representative of a Person Under Disability.
Learn more about representatives.
Can I submit a Claim for someone who passed away?
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.
What happens if someone submitted a Claim and passed away afterwards?
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.
Who can be a representative?
A representative is someone who can submit a Claim on behalf of another person.
There are two types of representatives:
- 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.
- 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.
What information and documentation will I need to provide if I am a representative submitting a Claim for someone else?
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
I can’t create an account. What should I do?
If you are having trouble creating an account, please call the Administrator at 1‑833‑852‑0755.
To use the Portal to submit your Claim Forms, you will need:
- An email address; and
- A phone number to receive Multi-Factor Authentication codes (both mobile and landlines will work for this).
I can’t remember my password. What should I do?
If you can’t remember your password, you will need to reset it by taking the following steps:
- Click on the “Forgot Your Password?” link on the Portal homepage, which appears just below the boxes to enter your email address and password, and above the “Continue” button.
- Enter the same email address you originally used to sign up for the account.
- Click “Continue.”
- You will see a “Reset Password” message telling you to check your email inbox.
- If your email address was previously used to create your account, you will receive an email from NoReply@FNChildClaimsAdmin.ca. If you don’t find the message in your inbox, check your junk/spam folder.
- This email will contain a link to click to reset your password. Click on the link or copy the URL and paste it into your web browser.
- Once the page appears, enter the new password in the “New Password” box and again in the “Confirm New Password” box, then click “Continue.”
- Return to the login page and enter your email address and new password.
If you are still having trouble resetting your password, or if you don’t receive a “Reset Password” email, please call the Administrator at 1‑833‑852‑0755.
I’ve created an account but I can’t reset the password. What should I do?
See “I can’t remember my password. What should I do?” for instructions on resetting your password. If you’ve already tried and it did not work, please call the Administrator at 1‑833‑852‑0755.
I did not receive email confirmation of the account being created. What should I do?
Check your email junk or spam folders. Look for an email from NoReply@FNChildClaimsAdmin.ca. If you do not see one, please call the Administrator at 1‑833‑852‑0755.
How do I attach a document in the Portal?
Before you begin submitting a Claim, make sure you have a copy (photocopy, scan or photo) of your document saved on the device you are using to submit your Claim on the Claim Portal.
If you do not already have a copy (photocopy, scan or photo) saved on your device, you can take a picture of your document with your phone and email it to yourself, using the email address you used to create your Portal account. Once you receive it, you'll need to save it to your desktop or phone files. The document will need to be in JPG, JPEG or PNG format.
When you are going through the process of submitting your Claim, you will come to one or more sections called “Upload Documents”. To attach your document, locate the file on your device, and click “Open.” You can also drag and drop the file into the box to upload it.
You can upload more than one document at a time; simply select all the files you want to upload.
I received an error message after I tried to submit my Claim Form. What should I do?
Please call the Administrator at 1‑833‑852‑0755 if you receive an error message. Before you call, please make a note of what the error message says; this will help the Contact Centre staff understand what may be wrong.
I don’t have access to the phone number that I used for Multi-Factor Authentication. What do I do?
If you do not have access to the phone number you used when you were setting up your account, you can click the “Try Another Method” button on the Multi-Factor Authentication page of the login process. Then, choose “Email”. A one-time code will be sent to the email address that you registered your account with.
The status of my Claim in the Claims Portal now says: “Closed – Duplicate Claim.” What does that mean, and can I still submit a Claim?
A Claim is marked “Closed – Duplicate Claim” if more than one Claim has been submitted by the same individual, for the same Class. If you submit more than one Claim for the same Class and type of Claim (for example, two Removed Child Claims for yourself), the Administrator will need more time to process your Claim because each Claim Form must be reviewed.
If you need to update information on your submitted Claim Form, including updates to your contact and mailing information, please do not submit a new Claim Form. Instead, call the Administrator at 1-833-852-0755 or speak to a Claims Helper to provide your updates.
If this wasn’t the case in your situation, and your Claim status is “Closed – Duplicate Claim,” please contact the Administrator to discuss your Claim.
Claim Assessment and Appeals
How will the Administrator decide who is eligible for compensation?
Each Class has specific eligibility requirements outlined in the Court-approved Settlement Agreement and the Claims Process for that specific Class. Claimants who submit a complete Claim prior to the deadline and who meet the eligibility requirements of the Class can receive compensation.
Once you have submitted a complete Claim Form, the Administrator will review it and your supporting documentation to determine whether you meet the eligibility requirements of the Class.
If you submit a Claim under the Removed Child Class, Removed Child Family Class, Kith Child Class or Kith Family Class, the Administrator will also refer to the Indigenous Services Canada (ISC) Database to confirm the details of the Child’s removal.
If the Administrator requires additional information about your Claim, they will contact you directly.
How will I know the Administrator’s decision about my eligibility?
Once the Administrator has assessed the eligibility of your Claim, you will receive an eligibility decision letter.
If you, or the Claimant you represent, are eligible to receive compensation, you will receive an Approval of Eligibility Letter, along with information about your compensation and next steps.
If you, or the Claimant you represent, do not meet the eligibility requirements of the Class, you will receive a Denial of Eligibility Letter, which will include information on how to appeal the decision (if an appeal is permitted).
For Claims in the Child Classes only: if the Administrator is unable to determine whether you, or the Claimant you represent, are eligible to receive compensation, you will receive an Inconclusive Eligibility Letter. This is not a final decision. An Inconclusive Eligibility Letter means that the Administrator was not able to locate information about the removal in the Indigenous Services Canada (ISC) Database. The Administrator will continue to review the ISC Database while it is being updated to see if the information can be found.
A process is under development that will provide next steps for Claimants whose eligibility is currently inconclusive.
How long will it take to process my Claim?
The Administrator will process your Claim according to the processing timelines for the Class and only after you, or the Claimant you represent, have reached the Age of Majority. In general:
- The Administrator will assess Claims in the Child Classes (Removed Child Class, Kith Child Class, Jordan’s Principle Class, Trout Child Class and Essential Service Class) from Claimants who are over the Age of Majority as they are received.
- The Administrator will process Claims in the Family Classes (Removed Child Family Class, Kith Family Class, Jordan’s Principle Family Class and Trout Family Class) after the Ultimate Claims Deadline, which is four years after your specific Claims Period opened and includes the three-year Claims Period and one year for extension requests. This timeline ensures that any competing Claims, such as more than two Caregiving Parents or Caregiving Grandparents submitting a Claim for the same Removed Child, can be identified and resolved appropriately.
Learn more about processing times, assessment, and compensation timelines on the compensation page for your Class.
If the Administrator denies my Claim, can I appeal the decision? Is support available to assist with my Appeal?
If you receive a Denial of Eligibility Letter, it will include information about why your Claim was denied. If the reason for denial can be appealed, the letter will also include the steps to take to appeal the decision. You will have 60 days from the date you receive the decision letter to submit a completed Request for Appeal Form, which must also be received by the Administrator within those 60 days. Appeals will be reviewed by a court appointed independent Third-Party Assessor, whose decision will be final.
Learn more about Appeals.
If you need help with your appeal, a Claims Helper can assist you. If you are not already working with a Claims Helper, contact the Administrator toll-free by calling 1-833-852-0755 (Monday to Friday from 8 a.m. to 8 p.m. ET excluding statutory holidays) or by emailing Generalinfo@Contact.FNChildClaims.ca.
I received an Inconclusive Eligibility Letter. What does this mean and what happens next?
If you received an Inconclusive Eligibility Letter, that means the Administrator does not have enough information to make a decision about your eligibility.
For Claims that involve a Child removal, an Inconclusive Eligibility Letter may indicate that the Administrator is currently unable to locate information about the Removed Child in the Indigenous Services Canada (ISC) Database. An Inconclusive Eligibility Letter is not a final decision. The Administrator will continue to review the ISC Database while it is being updated to see if the information can be located. The continued review of the ISC Database will take place until Canada confirms that no further updates are to be made.
A process is under development that will provide next steps for Claimants whose eligibility is currently inconclusive.
Compensation
When will I receive my compensation payment?
Compensation timelines vary by Class and individual circumstances. The Administrator will process your Claim according to the processing timelines for the Class and only after you have reached the Age of Majority.
In the Child Classes (Removed Child Class, Kith Child Class, Essential Service Class, Jordan’s Principle Class and Trout Child Class), Claims will be processed within six to 12 months of being received. Some Claims may take longer to process depending on the individual circumstances of the Claim (for example, if information is missing or eligibility cannot be confirmed).
In the Family Classes (Removed Child Family Class, Kith Family Class, Jordan’s Principle Family Class and Trout Family Class), Claims will be processed after the three-year Claims Deadline and any related extension period. This is to ensure that any competing Claims, such as when more than two Caregiving Parents or Caregiving Grandparents submit a Claim for the same Child, can be resolved.
Learn more about compensation timelines for Classes with open Claims Periods.
Some people who may be eligible for compensation are still young children. Will there be enough money left to pay their full compensation when they are adults?
The Settlement funds are budgeted and allocated based on the estimated size of the affected Classes in order to help avoid running out of money as compensation is paid out to Children when they become adults. The money in the Settlement Fund has been carefully invested to earn interest for Class Members and protect the value of the funds.
The Settlement Agreement includes many safeguards to ensure the Settlement Fund will last until the end of all nine Claims Periods. These include:
- An investment plan developed by financial experts and approved by the Federal Court;
- Regular reviews of the Settlement Fund and its investments by experts to make sure there are funds to pay approved Claims; and
- Annual financial statements that are audited, approved by the Federal Court, and made available to the public.
Most of the investments are low risk investments. This will help ensure every eligible Class Member will receive the compensation amount they are eligible for in accordance with the Settlement Agreement.
How will I get my compensation?
If you are a Claimant who is eligible for compensation, you will have the option of receiving your compensation money either by direct deposit into a bank account in your name or by mailed cheque.
If you are a representative submitting a Claim on behalf of another person, how compensation is received, and by whom, will depend on the type of Claimant you represent and (if applicable) the payment option you choose.
- If you are the Personal Representative for an Approved Claimant who is a Person Under Disability, compensation can be received by direct deposit into a bank account in the Claimant’s name or by a cheque made payable in the name of the Claimant and sent to your attention. You must have a bank account in the name of the Claimant for compensation to be issued, unless otherwise specified in the order that appointed you as their legal representative.
- If you are a legally appointed Estate Representative operating under Grant of Authority for a Deceased Claimant, compensation can be issued as a direct deposit to an account in the name of the estate of the Deceased Claimant or by mailed cheque with “estate of Claimant” as payee and sent to your attention.
Your eligibility decision letter will include a Compensation Payment Form to select whether you would like to receive your compensation money by direct deposit to a bank account in your name or by mailed cheque. Once you have selected a payment method, it cannot be changed. This means if you choose to receive payment by mailed cheque, it can’t be changed to direct deposit and if you selected direct deposit, it can’t be changed to a mailed cheque. The only changes allowed are if your direct deposit banking information changes. In that case, contact the Administrator to provide the updated bank account details.
The Administrator is not permitted to issue payment to anyone but the Claimant, the Deceased Claimant’s estate or the approved heir of a Deceased Claimant without permission from the court.
Can I make changes to my payment method after I submit the Compensation Payment Form? What if my banking information changes?
No. 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 and 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.
If you have questions or would like support before submitting your form, Claims Helpers are available to help. Call 1‑833‑852‑0755 (toll free), choose your language and press 2 to be connected with a Claims Helper.
How will I know how much compensation I will receive?
Compensation amounts vary by Class and circumstances.
If your Claim involves a Child’s removal from home (Removed Child Class, Removed Child Family Class, Kith Child Class or Kith Family Class), the following general compensation guidelines will apply:
- Eligible Claimants may receive Base Compensation of up to $40,000 per Removed Child.
- Caregiving Parents and Caregiving Grandparents who cared for more than one Removed Child may be eligible for multiple Base Compensation payments.
- If you are eligible under more than one of these Classes, compensation amounts will not be combined. You will receive the higher single amount for which you are eligible.
If your Claim involves a delay, denial or gap in essential services (Essential Service Class, Jordan’s Principle Class, Jordan’s Principle Family Class, Trout Class and Trout Family Class), the following general compensation guidelines apply:
- Eligible Essential Service Class Claimants may receive up to $40,000.
- Eligible Jordan’s Principle Class and Jordan’s Principle Family Class Claimants may receive $40,000 in Base Compensation.
- Eligible Trout Class and Trout Family Class Claimants may receive:
- $20,000 or more if they had a confirmed need for essential services and experienced the highest level of impact. Certain Claimants may also be eligible for additional payments; or
- Up to $20,000 if they had a confirmed need for essential services but their need did not meet the threshold for highest level of impact.
- If you are eligible in more than one Class, compensation amounts will not be combined. You will receive the higher single amount for which you are eligible.
Certain Claimants may also be eligible for additional payments based on enhancement factors and interest.
Learn more by visiting each Class’s compensation page.
Will I receive interest payments in addition to my compensation?
Approved Claimants in the following Classes will receive annualized interest payments of 1.75 per cent from the Interest Reserve Fund:
- Approved Removed Child Class Claimants who were placed off reserve with non-family between January 1, 2006, and March 31, 2022
- Approved Kith Child Class Claimants
- Approved Jordan’s Principle Class Claimants
You do not need to provide additional information with your Claim Form to apply for interest payments. If you are eligible for interest payments, the Administrator will contact you at a later date, after your Claim has been processed, to advise you of next steps. The Administrator may contact you for more information if needed to better assess your Claim.
Will I need to pay tax on my compensation?
Compensation from this Settlement is not taxed federally in Canada, which means you will not need to pay income tax on your compensation to the federal government. The Canada Revenue Agency has confirmed that compensation from this Settlement does not have to be included as income on your annual tax returns.
The Government of Canada has tax collection agreements with all provinces and territories except Québec, which means that those provinces and territories use the same tax rules as the federal government for personal taxable income. As a result, you do not have to pay provincial or territorial income tax on your compensation if you are a resident of one of those provinces or territories. Revenu Québec has also confirmed that compensation from this Settlement does not need to be included on your Québec income tax return. As a result, you do not have to pay Québec income tax on your compensation. See the FAQ from the Canada Revenue Agency for more information.
Once you have received your compensation, what you choose to do with it may impact the tax you pay in the future. For example:
- If you choose to invest your compensation in stocks or bonds in a non-registered account, any income you earn from that investment may be taxable
- If you purchase a savings product such as a Guaranteed Investment Certificate (GIC) in a non-registered account, the interest you earn may be taxable
It’s important to know your options and to plan ahead to get the most out of your compensation.
Learn more about planning for your compensation.
Will any fees be deducted from my compensation?
No fees will be deducted from your compensation payment as part of this Settlement.
Your compensation payment will be issued in your name for deposit in your own bank account. Once you have deposited your payment into your account, your bank or credit union may charge fees for your banking activity. Be sure to check with your financial institution about any fees for their services.
Will my social assistance or other benefits be affected by my compensation? Where can I get more information?
The Government of Canada has confirmed that your compensation will not impact any federal benefits that are based on income reported for federal income tax purposes. As a result, the following federal benefits and credits will not be affected by compensation you receive through this Settlement:
- Canada child benefit
- GST/HST credit
- Canada Workers Benefit
- Employment Insurance
- Guaranteed Income Supplement
- Old Age Security
- Canada Pension Plan
Provincial or other local social benefits for food, clothing, and shelter may be impacted. You may want to discuss your personal situation with each of your benefit providers.
For support connecting with a benefit provider, contact the Assembly of First Nations at 1-888-718-6496 or by email at FNChildCompensation@AFN.ca.
If a Child was denied essential services, but the parents or grandparents paid for those services themselves out-of-pocket, are they eligible for compensation?
Caregiving Parents or Caregiving Grandparents may be eligible for compensation under the Jordan's Principle Family Class or Trout Family Class provided they meet the eligibility requirements of the Class and depending on their specific circumstances. Eligible Claimants will not be directly reimbursed for any out-of-pocket expenses related to essential services.
For additional information, refer to the eligibility page for each Class once its Claims Period opens.
Can funds be distributed to First Nations in trust?
No. In this Settlement, compensation will be provided directly to eligible Claimants or, in the case of eligible Deceased Claimants, their estates or approved heirs.
The Administrator is not permitted to issue payment to anyone but the Claimant, the Deceased Claimant’s estate or the approved heir of a Deceased Claimant.
Supports for Claimants
I need help understanding the Settlement or submitting a Claim. What support is available?
Several types of trauma-informed and culturally safe supports are available to help you understand the Settlement and complete your Claim.
As a starting place, the following information and resources are available on this website:
- Interactive eligibility information tools to help you understand how the eligibility requirements of each Class may apply to you
- Companion guides and explainer videos for all Claim Forms
- A searchable resource library of documents related to the Settlement
- Financial information and resources to assist you in planning for your compensation
The Administrator is the primary point of contact for Claimants. You can call the Administrator toll-free at 1-833-852-0755 (Monday to Friday from 8 a.m. to 8 p.m. ET excluding statutory holidays) or email Generalinfo@Contact.FNChildClaims.ca.
The Administrator can provide information and answer questions about the Settlement Agreement and how to complete a Claim Form. If you need additional assistance, the Administrator can connect you with a Claims Helper.
Claims Helpers, located across the country, can provide free one-on-one support to help you fill out your Claim Form, understand how to access the identification and documentation you need, and connect you to local cultural and wellness services and supports. You can also access Claims Helpers by calling the Administrator at the same number provided above, selecting your language and then pressing 2 for a Claims Helper.
What is the Claims Helper Program and how does it work?
Claims Helpers are part of the support the Administrator provides to Claimants. They are individuals located across the country to provide free, one-on-one help understanding the Settlement and the Claims Process. Claims Helpers can:
- Give you information about the Settlement and Claims Process
- Help you fill out Claim Forms and find supporting documentation
- Refer you to other resources and supports as needed
The majority of Claims Helpers are Indigenous, and all Claims Helpers are trained in providing culturally safe and trauma-informed services. Claims Helpers work directly with Claimants over the phone, by video call or in person, where available. They offer support in English, French and some Indigenous languages.
Call the Administrator at 1-833-852-0755 (Monday to Friday from 8 a.m. to 8 p.m. ET excluding statutory holidays), select your language and then press 2 to speak to a Claims Helper.
Learn more about Claims Helpers.
Can I get assistance with the cost of getting government identification (ID)?
The Settlement does not provide financial support for you to apply for your ID; you will need to pay this cost yourself. However, if you need help applying for a form of government-issued ID, the Administrator or a Claims Helper can assist you. Contact the Administrator at 1-833-852-0755 (Monday to Friday from 8 a.m. to 8 p.m. ET excluding statutory holidays) or email Generalinfo@Contact.FNChildClaims.ca.
Do I need a lawyer to submit a Claim or to receive compensation? Is legal support available for Claimants?
The Settlement does not provide financial support for you to apply for your ID; you will need to pay this cost yourself. However, if you need help applying for a form of government-issued ID, the Administrator or a Claims Helper can assist you. Contact the Administrator at 1‑833‑852‑0755 (Monday to Friday from 8 a.m. to 8 p.m. ET excluding statutory holidays) or email Generalinfo@Contact.FNChildClaims.ca. No, you do not need a lawyer to submit a Claim or receive compensation from this Settlement.
Legal information about the Settlement is available free of charge for Class Members through Class Counsel. Class Counsel is Sotos LLP, Kugler Kandestin LLP, Miller Titerle + Company, Nahwegahbow Corbiere, and Fasken LLP, collectively. These are the law firms representing Class Members.
Class Counsel can be contacted through the Administrator at 1‑833‑852‑0755 (toll-free).
Free support with filling out a Claim Form is available at no cost for Class Members and their families. For more information about the resources available to support Class Members, explore this website or contact the Administrator by calling 1‑833‑852‑0755 or emailing Generalinfo@Contact.FNChildClaims.ca.
Any legal professional assisting Class Members with their Claim or publishing information directed to Class Members related to this Settlement must obtain prior approval from the Federal Court and follow the Non-Class Counsel Legal Professionals Protocol. These measures were put in place to help ensure that Class Members receive the full amount of their Settlement funds, without any reduction for legal services.
Are there wellness supports available to Class Members?
Yes, free mental health and wellness support is available 24 hours a day through the Hope for Wellness Helpline at 1-855-242-3310 or online at HopeForWellness.ca. Support is available in English, French, Cree and Ojibway (Anishinaabemowin) on request.
Children and youth can also call the Kids Help Phone anytime at 1-800-668-6868 or text FIRSTNATIONS to 686868.
I am not sure how to manage my compensation. Is financial information available?
Yes. Online resources and information are available to help you make the most of your money, including how to plan for receiving your compensation, how to protect your money, what to know about financial accounts and products, and questions to ask an organization or someone you know who is good with finances.
AFOA Canada has also developed financial wellness webinars and resources to support Claimants of this Settlement. These webinars are intended to provide general, culturally relevant financial information to help Claimants prepare for and manage their compensation.
Learn about the financial information and resources provided by the Settlement.
What supports are available for First Nations communities and organizations, so they can share information about the Settlement?
Several supports and resources are available for First Nations communities and service providers so they can assist Claimants throughout the process.
Regional Liaisons work directly with First Nations and First Nations organizations, offering their experience and knowledge of the region to provide support and guidance. Regional Liaisons help communities stay informed about the Settlement and the Claims Process for each Class. As part of their role, they attend regional meetings, offer briefings on the Settlement, share progress updates and answer questions from First Nations leaders.
In addition, First Nations communities and organizations can request support from a Claims Helper, who can provide presentations, workshops, and private support on how to fill out and submit Claim Forms.
To be connected with a Regional Liaison or to request a presentation for your community, please contact the Administrator at 1-833-852-0755 or email GeneralInfo@Contact.FNChildClaims.ca.
Resources are also available on this website to support community organizations and service providers, including:
- A Cultural Safety and Inclusiveness training webinar series
- A community toolkit with printable and virtual materials communities can use to raise awareness about the Settlement
- A searchable resource library with all Settlement documents and videos in one place
General
How will my privacy be protected if I submit a Claim?
Information you provide to the Administrator or other Settlement staff, including Claims Helpers, will be kept confidential at all times, as prescribed by the Settlement Agreement. This includes information you provide on your Claim Form and any supporting documentation you submit along with your Claim.
Your personal information will be used in accordance with the terms of the Settlement Agreement, unless specifically authorized and agreed to by the Settlement Implementation Committee or court order.
The Administrator uses a range of physical, electronic, and managerial measures to ensure that personal data is kept secure, accurate, and up to date.
The Administrator will destroy all Claimant information and documentation in its possession two years after completing the payment of all compensation under this Settlement Agreement. The only exception is if a Claimant or their legal representative specifically requests the return of their information within the two-year period.
Learn more about the Administrator's privacy policy.
If you have any questions about privacy, please contact the Administrator toll-free at 1-833-852-0755.
How are Class Members being informed about the Claims Process?
An extensive, Court-approved Notice Plan sets out requirements to ensure Class Members are:
- Informed about the Settlement
- Understand their rights
- Know how to submit a Claim for compensation
- Can access resources and supports
Efforts to raise awareness about the Settlement and each Class’s Claims Period include television, radio, social media, in-community advertising, direct mail, and other outreach efforts.
You can also sign up to receive Settlement updates.
Is the Jordan's Principle Class under this Settlement the same as Jordan's Principle products, services or supports?
No. The Jordan’s Principle Class under the First Nations Child and Family Services and Jordan’s Principle Settlement is different from Jordan’s Principle products, supports and services provided by Indigenous Services Canada. Please refer to Indigenous Services Canada’s website for general information on Jordan’s Principle requests. If you have specific questions about your Jordan’s Principle request, please contact your Regional Focal Point. A list of Focal Points and contact information can be found on the website.
Can I submit a Claim in this Settlement if I already applied to receive Jordan's Principle services through Indigenous Services Canada (ISC)? What if I received funding from a First Nations government or health authority?
Yes. The First Nations Child and Family Services and Jordan’s Principle Settlement is separate and different from requests for products, support and services provided by Indigenous Services Canada or from your First Nations government or a local health authority under Jordan’s Principle. Please read this article to learn more about the differences.
As outlined in the Settlement Agreement, being a Jordan’s Principle Class Member in this Settlement will not have any effect on pending, approved or future requests for Jordan’s Principle products, support or services.
Claims for compensation under this Settlement are managed by the Administrator in accordance with the terms of the Settlement Agreement. Eligibility for compensation is determined based on whether your situation meets the requirements laid out in the Settlement Agreement.
The Essential Service Classes in this Settlement (Jordan’s Principle Class, Jordan’s Principle Family Class, Trout Class, Trout Family Class, and Essential Service Class) provide compensation for those who experienced a delay, denial, or gap in receiving essential services.
Learn more about the requirements on the eligibility page for your Class.
