Important: You can now submit a Claim for the Removed Child Class and Removed Child Family Class. Learn more about how to complete a Claim.
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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.
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.
ore details about the Cy-près Fund will be shared when information becomes available.
Who is the Administrator?
Deloitte LLP has been appointed as the Administrator of this Settlement.
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 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.
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.
How is a First Nations person defined under the Settlement?
Under this Settlement Agreement, a First Nations person primarily refers to Class Members who:
- Are registered under the Indian Act
- Were entitled to be registered under sections 6(1) or 6(2) of the Indian Act, as it reads as of February 11, 2022
Specific Classes have additional criteria, which will be made available when the various Claims Processes open.
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.
Who is included in the Removed Child Class and Removed Child Family Class?
The following Class Members may be eligible for compensation under the Removed Child and Removed Child Family Classes.
Removed Child Class
A First Nations Individual who, while under the Age of Majority, was removed from their home by Child Welfare Authorities between April 1, 1991, and March 31, 2022
- The removal happened while the Child or at least one of their Caregiving Parents or Caregiving Grandparents were Ordinarily Resident on Reserve in Canada or living in the Yukon; and
- The placement was funded by Indigenous Services Canada (ISC).
Learn more about the Removed Child Class.
Removed Child Family Class
The Caregiving Parents or Caregiving Grandparents of a Removed Child who were living with and assumed and exercised parental responsibilities over the Child at the time of removal, and from whom the Child was first removed. This may include the biological or adoptive parents, biological or adoptive grandparents and First Nations Stepparents of the Child.
Foster parents are not eligible for compensation as Removed Child Family Class Members under the Settlement Agreement.
Learn more about the Removed Child Family Class
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 is the Settlement limited to Children removed after April 1, 1991?
This Settlement is specifically about the discriminatory underfunding of the First Nations Child and Family Services (FNCFS) Program, which was put into place on April 1, 1991, under Directive 20-1 from the Government of Canada. For this reason, children removed from their homes before the start of the FNCFS Program are not included in this Settlement.
How do I know which Class to submit a Claim for?
Learn more about the Classes that are part of this Settlement.
Companion Guides are available for each Claim Form and can help you understand how to complete the Form and know which one is right for you.
The Claims Process for each Class will be rolled out in phases. The Claims Period is now open for the Removed Child Class and Removed Child Family Class.
If you have questions, please call the Administrator toll-free at 1-833-852-0755.
Are Children who were removed from their homes and then later returned eligible for compensation?
Yes, First Nations Children who were removed from their homes and later returned home may be eligible for compensation if they meet the eligibility requirements under the Settlement.
Learn more about eligibility for the Removed Child Class.
Are Children who were under Court supervision but not removed eligible for the Removed Child Class?
To be eligible for the Removed Child Class, a Child must have been removed from their home. The Settlement does not include Children who were under Court supervision but who were not removed from their homes.
Are Children who left home on their own eligible for the Removed Child Class?
A Child who left their home, without the involvement of Child Welfare Authorities and whose placement was not funded by ISC, is not eligible for compensation.
Does the reason for the removal of the Child impact eligibility for the Child or the Caregiver?
The reason for the removal does not impact eligibility for the Removed 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.”
Is everyone in the Removed Child Family Class eligible for direct compensation?
Only the Caregiving Parents or Caregiving Grandparents of a Removed Child who were living with and assumed and exercised parental responsibilities over the Child at the time of first removal may be eligible to receive direct compensation as Removed Child Family Class Members under the Settlement.
This may include the biological or adoptive parents, biological or adoptive grandparents, and First Nations Stepparents.
Foster parents are not eligible for compensation as Removed Child Family Class Members under the Settlement Agreement.
Can you submit a Claim Form if you currently live outside of Canada?
Yes, if you believe you meet the requirements under the Settlement Agreement, you may submit a Claim Form regardless of where you currently live.
Can a foster parent claim compensation as a Caregiving Parent or Caregiving Grandparent?
No, foster parents are not eligible for compensation under the Removed Child Family Class.
Why aren't foster parents eligible for compensation under the Removed Child Family Class?
The Removed Child Class and Removed Child Family Class are aimed at compensating the following individuals who were harmed by the Government of Canada’s discriminatory practices and underfunding of child and family services:
- First Nations Children
- Their biological or adoptive Caregiving Parents or First Nations Stepparents
- Their biological or adoptive Caregiving Grandparents
Foster parents are explicitly excluded under the terms of the Settlement Agreement.
Are siblings, cousins or godparents eligible for direct compensation under the Removed Child Family Class?
Siblings, cousins or godparents are not eligible to receive direct compensation unless they adopted an eligible Removed Child through a verifiable provincial, territorial or custom adoption process and meet the requirements of the Removed Child Family Class as a Caregiving Parent or Caregiving Grandparent.
Siblings may benefit indirectly from the Cy-près Fund, which provides culturally sensitive, trauma-informed supports to Class Members.
Claims Process
I am incarcerated. Is there a way for my family to submit the Claim and receive the compensation on my behalf?
Every individual must submit their own Claim Form. The only exception is if they have a legally appointed representative. The Administrator’s Contact Centre and Claims Helpers are available to help incarcerated Claimants submit Claim Forms. You can request this assistance by calling the Administrator toll-free at 1‑833‑852‑0755.
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.
Will I have to tell my story to be eligible for compensation?
If you are a member of the Removed Child Class or the Removed Child Family Class, you are not required to participate in any interviews or court appearances to submit a Claim. You may be asked to verify information or provide specific details to confirm your eligibility as part of the Claims Process.
Learn more about the Removed Child Family Class.
When will the Claims Process open? When will compensation be available?
The Claims Period for each Class will open in phases after the Claims Process is approved by the Federal Court. The Claims Period is now open for two Classes.
What’s included in the Claims Process?
Each Claims Process will include details on how to submit a Claim, required documentation and the process to receive compensation.
Why is it taking so long to implement the Claims Process?
This Settlement includes nine Classes. There are important steps that must take place before the Claims Process for each Class can start so compensation can be issued to eligible Claimants.
The Claims Period is now open for:
The Claims Periods for the other Classes will be rolled out in phases as the Claims Process for each Class is approved by the Federal Court. Compensation will be issued to eligible Claimants in accordance with the approved Claims Process.
To receive updates on the Settlement and each Claims Process, sign up for emails.
How will Class Members know when they can submit a Claim for compensation?
The Settlement Agreement includes a detailed Notice Plan that was approved by the Federal Court on November 3, 2023. This plan includes extensive national communications campaigns to ensure Class Members are aware of the Settlement and understand when and how to submit a Claim. Information will be shared on the Settlement website and social media, through broadcast and print media, and in communities and urban centres.
The Claims Period is now open for:
Does the Administrator know who is eligible for compensation?
Each Claim and related supporting documentation will be carefully reviewed by the Administrator to determine the applicant’s eligibility based on the terms of the Settlement Agreement.
How many times can a Caregiving Parent or Caregiving Grandparent submit a Claim? For example, what if they have 5 Children or Grandchildren who were removed?
Caregiving Parents and Caregiving Grandparents can submit one Claim Form for all of their Removed Children and/or Grandchildren. The Claim Form includes a dedicated page for details about each Removed Child, and additional pages can be added for more Children. If the Claimant identifies additional Removed Children after they have submitted a Claim Form, they can submit another Claim Form before the deadline.
Learn more about submitting your Claim and the Removed Child Family Class.
What is the Indigenous Services Canada (ISC) Database?
The Indigenous Services Canada (ISC) Database is a confidential database of information that contains certain details of removal for individuals who may be Removed Child Class Members. The ISC Database does not include complete child welfare records.
Canada has provided the ISC Database to the Administrator to be used and relied upon exclusively for the purpose of administering the Claims Process. The Administrator may not provide information included in the ISC Database to any party.
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 Form on behalf of another person?
Every person must submit their own Claim. The 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 or 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 for Removed Child Class and representatives for Removed Child Family Class.
Who can be a representative?
A representative may be either legally appointed or a family member who is an eligible heir. Requirements to submit a Claim as a representative of a Class Member depend on the type of representative you are.
A legally appointed representative is someone designated by the courts to make decisions on behalf of a Person Under Disability or the estate of a Class Member who is deceased. An heir is someone who is related to the Class Member and may submit a Claim on behalf of a Deceased Class Member.
A Personal Representative is someone legally appointed or designated to make decisions for a Person Under Disability, which is a person who is unable to manage or make reasonable decisions about their affairs because of mental incapacity. You need to be legally appointed as someone’s Personal Representative to make a Claim on their behalf. This means you should have:
- A signed Power of Attorney (POA) or Protection Mandate, OR
- A provincial or territorial appointment order (including appointment of a Public Guardian and Trustee), or a federal appointment order for the administration of property by Indigenous Services Canada (Administrator for Property).
A Representative for the estate of a Deceased Removed Child is:
- An individual who is legally appointed to represent the estate of the Deceased Removed Child by way of a Grant of Authority (such as a will); or
- The highest priority living heir of the Deceased Removed Child if the Removed Child died without a Grant of Authority.
A Representative for the estate of a deceased Caregiving Parent or Caregiving Grandparent is:
- An individual who is legally appointed to represent the estate of the Deceased Caregiving Parent or Caregiving Grandparent by way of a Grant of Authority (such as a will); or
- A living heir of the deceased Caregiving Parent or Caregiving Grandparent.
Learn more about representatives for Removed Child Class and representatives for Removed Child Family Class.
Claim Assessment and Compensation
How long will it take for Claimants to receive payment?
The Administrator will process your Claim according to the processing timelines for the Class and only after you have reached the Age of Majority.
Learn more about processing times for the Removed Child Class and Removed Child Family Class.
Do Caregiving Parents and Caregiving Grandparents have to share the compensation?
Up to two individuals who are considered Caregiving Parents or Caregiving Grandparents may each be eligible to receive individual Base Compensation payments. In certain cases, eligible Stepparents may have to share one Base Compensation payment.
Learn more about eligibility and compensation for the Removed Child Family Class.
General
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 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 apply for this Settlement if I already applied to receive Jordan's Principle services through Indigenous Services Canada?
Yes. Compensation claims under the First Nations Child and Family Services and Jordan’s Principle Settlement are different from Jordan’s Principle products, support and services provided by Indigenous Services Canada.
The compensation claims under the First Nations Child and Family Services and Jordan’s Principle Settlement are managed by the Administrator (Deloitte) in accordance with the terms of the Settlement Agreement.
As outlined in the Settlement Agreement, being part of the Jordan’s Principle Class will not have any effect on pending, approved or future requests to Jordan’s Principle.
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.
Legal support and fees
Do Class Members need a lawyer to submit a Claim?
No. You do not need a lawyer to submit a Claim. Legal information is available free of charge through Class Counsel; they can be contacted through the Administrator at 1‑833‑852‑0755 (toll-free). Class Members can access free Claims-related support, including help with filling out a Claim Form, through the Administrator at 1‑833‑852‑0755.
Legal advice is available for free through Class Counsel. If you choose to hire a lawyer or someone else to help you submit your claim, you will have to pay for their services.
Free mental health and wellness supports are available 24 hours a day through the Hope for Wellness Helpline at 1‑855‑242‑3310 or the online chat at hopeforwellness.ca.
Learn more about the Help and Resources.
Who is paying for 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.
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.
Please note: the only way to reset the phone number associated with your account is to call the Administrator at 1‑833‑852‑0755.