Home » The Class » Removed Child Class » Eligibility

This page includes information on:

Eligibility requirements

The Removed Child Class includes:

First Nations[1] 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[2] or living in the Yukon, and the placement was funded by Indigenous Services Canada.

The reason for the removal does not impact eligibility for the Removed Child Class.

Eligibility may include

  • First Nations[1] Children who were Crown Wards[3] as long as they meet the eligibility requirements of the Class
  • First Nations Children who were removed from their homes and later returned may be eligible for compensation under the Removed Child Class if they meet the eligibility requirements for the Class

Eligibility does not include

  • Métis or Inuit Children
  • Child removals that took place in the Northwest Territories and Nunavut. This is because Child and Family Services in the Northwest Territories and Nunavut are not funded through the First Nations Child and Family Services Program
  • First Nations[1] Children who left home on their own, without the involvement of Child Welfare Authorities, and whose placement was not funded by Indigenous Services Canada
  • Children who were under court supervision and not removed from their homes

In some cases, it’s possible to submit or continue a Claim for someone who has passed away, including:

  • A deceased person who may be eligible as a Removed Child Class Member
  • A person who passed away after submitting a Claim as a Removed Child Class Member and a decision has not yet been issued for the Claim

Age of Majority

Anyone who is younger than the Age of Majority in their home province or territory is considered a minor. Anyone who is older than the Age of Majority in their home province or territory is considered an adult.

Age of Majority depends on where you currently live. 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

Impact of the Age of Majority on submission and Claims processing timelines 

Submission timelines

If you were over the Age of Majority when the Claims Period opened on March 10, 2025, you have until March 10, 2028, at 11:59 p.m. PT to submit your Claim. If you need more time because of a personal situation or community-based situation that personally impacted you, you can request a one-year extension. This request for extension is subject to approval by the Administrator.

If you are a minor, you must be within two years of the date you reach the Age of Majority where you currently live to submit a Claim. Once you reach the Age of Majority, you will have three years to submit your Claim.

If you are a Representative[4] for a Removed Child who passed away before March 10, 2025, you have three years from March 10, 2025, to submit a Claim.

If you are a Representative for a Removed Child who was an adult on March 10, 2025, and passed away afterward, you have three years from March 10, 2025, to submit a Claim.

If you are a Representative for a Removed Child who passed away after March 10, 2025, while under the Age of Majority, you have three years from their date of death to submit a Claim.

Examples

IF:

  • You were 18 years old when the Claims Period opened on March 10, 2025; and 
  • You live in Manitoba where Age of Majority is 18 

THEN:

  • You may submit your Claim immediately; and 
  • The last day you can submit your Claim is March 10, 2028 

IF:

  • You were 17 years old on March 10, 2025; and 
  • Your birthday is June 15; and 
  • You live in British Columbia where Age of Majority is 19

THEN:

  • You may submit your Claim immediately; and 
  • The last day you can submit your Claim is June 15, 2029 

IF:

  • You were 15 years old on March 10, 2025; and  
  • Your birthday is September 12; and 
  • You live in Ontario where Age of Majority is 18 

THEN:

  • You must wait until September 12, 2025, to submit a Claim; and 
  • The last day you can submit your Claim is September 12, 2030 

IF:

  • The deceased person you represent was 18 years old on March 10, 2025; and  
  • Lived in Nova Scotia where Age of Majority is 19; and 
  • Passed away on February 1, 2026, before their 19th birthday 

THEN:

  • The last day you can submit the Claim is February 1, 2029

Claims processing timelines  

The Administrator will process your Claim according to the processing timelines for the Class and only after you have reached the Age of Majority. If your Claim is eligible, you will receive compensation after you reach the Age of Majority.

Eligibility decisions and appeals

Claims for the Removed Child Class will be processed as they are received. Once the Administrator has assessed your eligibility, you will receive a letter from the Administrator. 

Approval of Eligibility 

If you are eligible to receive compensation, you will receive an Approval of Eligibility Letter, along with information about your compensation and next steps.

Denial of Eligibility 

If you 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).  

Inconclusive Eligibility 

If the Administrator is unable to locate your information in the Indigenous Services Canada (ISC) Database[5], 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 ISC 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 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. 

Learn about assessment and compensation timelines for the Removed Child Class →

Appeals

The Denial of Eligibility Letter will provide the steps to take if you wish to appeal the decision (where appeals are permitted under the Settlement). Individuals will have 60 days from the date they receive the decision letter to request an appeal.

Appeals will be reviewed by an independent Third-Party Assessor whose decision will be final.

[1] First Nations: Under the Removed Child Class, as defined in the Settlement Agreement, a First Nations individual is someone who:

  • Is registered under the Indian Act
  • Was entitled to be registered under section 6 of the Indian Act as it reads as of February 11, 2022
  • Is a band member of a First Nation that controls its membership and was included on the band membership list before February 11, 2022

[2] Ordinarily Resident on Reserve means you lived most of the year on a First Nations reserve. You may have been temporarily living off reserve for education or work or to receive social services or other essential care, but if your main home was on reserve, you are considered to have been Ordinarily Resident on Reserve.

[3] A Crown Ward is a person under the Age of Majority who has been taken away from their parents’ care by the court, is the legal responsibility of the government and in the care of a children’s aid society.

[4] A Representative is someone designated by the courts to make decisions on behalf of the estate of a Class Member who is deceased, where a Grant of Authority is in place, or where no Grant of Authority is in place, the highest priority living heir. The

[5] 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, where the removal and placement was funded by Indigenous Services Canada. The ISC Database extracts information from relevant records but 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.