Compensation payments

All Claimants 

Base compensation 

Compensation amounts and timelines vary by Class and individual circumstances. Compensation payments may be up to $40,000 per eligible associated Removed Child[1].

This amount may be more or less depending on your unique circumstances.

  • Some Removed Child Family Class Claimants may receive more than the Base Compensation for each Removed Child. The Administrator will contact you if you are eligible for additional payments.
  • Up to two Caregiving Parents and Caregiving Grandparents can receive the Base Compensation payment for the same Removed Child.

Claimant who is deceased  

For eligible Deceased Removed Child Family Class Claimants whose associated Removed Child[1] was placed off reserve with non-family and was in care between January 1, 2006, and March 31, 2022:

  • Only the eligible deceased Caregiving Parent’s living children or the eligible deceased Caregiving Grandparent’s living grandchildren will receive compensation.
  • If eligible, compensation will be allocated equally to the living children or grandchildren and will be paid directly to each living child or grandchild.

When a Claim is for a deceased Caregiving Parent or Caregiving Grandparent whose associated Removed Child was not placed off reserve with non-family and did not remain in care between January 1, 2006, and March 31, 2022, the estates of the Caregiving Parents and Caregiving Grandparents are not eligible for compensation unless the Claimant submitted a completed Claim Form before they passed away and prior to the Claims Deadline.
In these cases:

  • Where a Grant of Authority[2] is in place, compensation will be made payable to “the estate of” the Deceased Caregiving Parent or Caregiving Grandparent and sent to the attention of the Representative[3].
  • Where a Grant of Authority is not in place, compensation will be made payable to the highest priority living family members (heirs)[4]. Only the highest priority living heirs will receive compensation, which will be divided equally between the living heirs in the highest priority category (except for the spouse who will receive the entire amount). The priority of heirs will be determined using the following order:
    1. Spouse
    2. Child or Children
    3. Grandchild or Grandchildren
    4. Parents
    5. Siblings
    6. Grandparents

The Administrator will assess eligibility for Claims in the Removed Child Family Class after the Ultimate Claims Deadline, which is four years after your Claims Period opened and includes the three-year Claims Period and one year for extension requests, and only after you have reached the Age of Majority.

This timeline is required because the Administrator may receive competing Claims, such as more than two Caregiving Parents or Caregiving Grandparents submitting a Claim for the same Removed Child. The Administrator must wait until all potential Claimants have had a chance to come forward with a Claim before making an eligibility decision.

Also, different processing timelines apply depending on if you have submitted a Claim for yourself or you have submitted a Claim for someone else with a Grant of Authority or without. Where multiple representatives claim on behalf of the same Class Member, additional time may be required to resolve such competing Claims appropriately.

Multiple Claims for the same Removed Child

Up to two Base Compensation payments for the same Removed Child[1] can be distributed among the Child’s Caregiving Parents and Caregiving Grandparents.

When multiple Caregiving Parents or Caregiving Grandparents submit a Claim for the same Removed Child, whomever the Child was removed from first will take priority to receive compensation.

  • For example, if a Child was removed from two Caregiving Grandparents in 2008 and later removed from a Caregiving Parent in 2010, the two Caregiving Grandparents will each receive a Base Compensation payment, and no other Removed Child Family Class Claimant will receive compensation.

If the Caregiving Parents or Caregiving Grandparents from whom the Child was first removed cannot be confirmed, or if the Child was first removed from more than two Caregiving Parents or Caregiving Grandparents, priority will be given in the following order:

  • Category A: Caregiving Parents who are not stepparents; then
  • Category B: Caregiving Grandparents; then
  • Category C: First Nations[5] Stepparents.

If only one Base Compensation payment remains with respect to a Removed Child, and two Stepparents are assessed as eligible, the two Stepparents will share that one Base Compensation.

More than one Child removed from a Claimant’s care

Caregiving Parents and Caregiving Grandparents who had more than one Child removed from their care and placed off-reserve with non-family at any time during the Removed Child Class Period may be eligible to receive multiple Base Compensation payments. Some Caregiving Parents and Caregiving Grandparents may be eligible to receive a maximum of $80,000 in Base Compensation, depending on individual circumstances.

This applies in cases of one or more of the following:

  • When multiple Children were removed between April 1, 1991, and December 31, 2005, and did not remain in care as of January 1, 2006
  • When the Approved Removed Child Family Class Members were Stepparents
  • To Category B Caregiving Grandparents when a Category A Caregiving Parent has been approved for compensation for the same Removed Child[1]

Claimant who is eligible for multiple Classes

Some Class Members may belong to more than one Class. If you believe this is your situation, you will need to submit a separate Claim Form for each Class. If you are eligible for multiple Classes, you will receive the higher single amount for which you qualify. Compensation amounts will not be combined across Classes. 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.

If you are eligible in multiple Classes, you will receive compensation according to the Claims Period timeframe of each Class in which you submit a Claim and are approved for compensation. For example, this means you could receive compensation under the Removed Child Class sooner than under the Removed Child Family Class, if you are eligible in both Classes. Compensation will not be combined, which means that if eligible under multiple Classes, the total amount you receive will be the highest single amount for which you qualify.

Assessment and compensation timelines

All Claimants 

The Administrator will assess eligibility for Claims in the Removed Child Family Class after the Ultimate Claims Deadline, which is four years after your Claims Period opened and includes the three-year Claims Period and one year for extension requests.

For example, if you have reached the Age of Majority on March 10, 2025, the Ultimate Claims Deadline is March 10, 2029. If you were under the Age of Majority on March 10, 2025, your Ultimate Claims Deadline is four years from the date you reach the Age of Majority.

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[1], can be identified and resolved appropriately.

You will then be contacted regarding compensation.

You have 60 days from the date of the Approval of Eligibility Letter to confirm whether you would like to receive your compensation by direct deposit or mailed cheque. The Administrator will issue your compensation according to your instructions. If your completed Compensation Payment Form is not received by the Administrator within 60 days of the date on the Approval of Eligibility Letter, a cheque will be mailed to you. If your mailing address changes, please call the Administrator immediately.

Claimant who is deceased 

The Administrator will assess Claims for the Removed Child Family Class after March 10, 2029 (three years plus the one-year extension).

After March 10, 2029, the Administrator will begin to process Claims by Deceased Family Class Claimants. After each Claim is processed, the Administrator will send the Claimant’s Representative[3] a letter with more information about timeframes for further assessment and payment, if eligible.

In cases where an incomplete Claim was submitted by an eligible Caregiving Parent or Caregiving Grandparent prior to their death, the Administrator may ask the Representative of the Claimant to provide the Missing Information.

Claimant eligible in multiple Classes

Each Class has a unique Claims Process. The Administrator will assess Claims following the Claims Process and timeframes for that Class.

If you are eligible in multiple Classes, you will receive compensation according to the Claims Period timeframe of each Class in which you submit a Claim and are approved for compensation. For example, this means you could receive compensation under the Removed Child Class sooner than under the Removed Child Family Class, if you are eligible in both Classes. Compensation will not be combined, which means that if eligible under multiple classes, the total amount you receive will be the highest single amount for which you qualify.

Receiving compensation payments 

All Claimants 

Base Compensation comes to you as a payment either by direct deposit into a bank account in your name or by mailed cheque.

If you wish to receive compensation by direct deposit, you will need to have a bank account in your name. The Administrator is not permitted to issue payment to a bank account or issue a cheque in the name of anyone but the Claimant or the Deceased Claimant’s Estate or the approved heir[4] of a Deceased Claimant.

Claimant who is a Person Under Disability 

Compensation for a Claimant who is a Person Under Disability[6] will be made payable in the name of the Claimant and sent to the attention of their Personal Representative[7]. You must have a bank account in the name of the Claimant for compensation to be issued, unless otherwise specified in the appointment order.

Claimant who is deceased 

For Type A deceased Caregiving Parents and Caregiving Grandparents:

  • Any approved compensation payment will be made in the name of the estate of the Deceased Claimant (if a Grant of Authority[2] is in place) or to their eligible highest priority living heirs[4].

For Type B deceased Caregiving Parents and Caregiving Grandparents:

  • Any approved compensation will be divided among and paid directly to 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.

[1] A Removed Child is defined as 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 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. The placement was funded by Indigenous Services Canada.

[2] A Grant of Authority is a document that names the Estate Executor or Estate Administrator and is evidence that the Representative has the legal authority to receive compensation on behalf of the estate of the Eligible Deceased Claimant. A Grant of Authority may include one of the following documents:

  • Will (for example, Notarial Will for Quebec); or
  • Grant of Probate issued by a provincial or territorial court order; or
  • Grant of Administration letter issued by the Government of Canada, such as:
    • Indigenous and Northern Affairs Canada (INAC); or
    • Indigenous Services Canada (ISC); or
      Crown-Indigenous
    • Relations and Northern Affairs Canada (CIRNAC)

[3] 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 an eligible living heir.

[4] An heir may be a spouse, child, grandchild, parent, sibling or grandparent of the Deceased Class Member. Only certain heirs may be eligible to represent a Deceased Class Member and receive compensation on their behalf.

[5] First Nations: Under the Removed Child Family 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

[6] A Person Under Disability is someone who lacks the mental capacity to manage or make reasonable decisions about their affairs.

[7]  A Personal Representative is someone designated by the courts to make decisions on behalf of a Person Under Disability.

  • To be legally appointed as a Class Member’s Personal Representative 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 administrator of property by Indigenous Services Canada (Administrator for Property).