FAQs

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Below are answers to some of the most commonly asked questions about the Settlement. The Notice of Settlement Approval – Long Form contains even more detailed information, and we encourage everyone to review it carefully. The Gowling WLG team is also here to help answer any questions you may have – and our support is free to Claimants.

Common Missing Information Questions Related to the Claim Form

Q1. What types of government-issued ID were accepted with my Claim Form?

Acceptable forms of valid government-issued identification included:

  • Social Insurance Card
  • Driver’s license Card
  • Provincial/Territory Photo Card
  • Passport
  • Birth Certificate
  • Old Age Security (OAS) Identification Card
  • Firearms Possession and Acquisition License (PAL)
  • Official Military ID
  • Nexus Card
  • Bring Your ID (BYID) Card (age of majority card)
  • Permanent Resident Card
  • S. State ID
  • Certificate of Canadian Citizenship
  • Indian Status Card
  • Certificate of Indian Status (CIS)
  • Secure Certificate of Indian Status (SCIS)
  • Land Claim Beneficiary Card (Inuit)

When you submitted your Claim Form, you must have ensured that:

  • both sides your ID are photocopied,
  • the name and birthday on the ID match the name and birthdate on the Claim Form, and
  • the ID is not expired.

Please note that health cards are NOT acceptable forms of ID for privacy reasons. Membership cards issued by an organization, or cards issued by a city, municipality, or region are also not acceptable forms of ID, as they are not issued by a state, provincial, territorial, or federal government.

If you did not have any of the above forms of ID, you could have filled out a Sworn Declaration at Part 6 of the Claim Form.

Q2. Who could have been the witness on page 5?

Anyone who is the age of majority in your province or territory could have acted as your witness on page 5 of the Claim Form. The witness could have been a family member. The person did not need to have been a witness to your abuse at a Federal Indian Day School or Federal Day School. The witness was only required to see you sign page 5 of the Claim Form. The witness did not need to read your entire Claim Form or affirm the accuracy of the events described by you.

Q3. Were you, as Class Counsel, available to be a Guarantor?

Yes, our legal team could provide assistance with the Sworn Declaration by video. Alternatively, see the list of eligible Guarantors, as there may be someone available in your community:

  • Border Service Officer
  • Certified Aboriginal Financial Manager
  • Certified/Registered Accountant
  • Chartered Professional Accountant
  • Commissioner of Oaths
  • Correctional Officer
  • Elected Officials (e.g., Chief, Government Councilor, or Inuit Community Leader)
  • Federal or Provincial Court Judge or Justice of the Peace
  • Indian Registration Administrator
  • Indigenous/Aboriginal Liaison Officer
  • Lawyer
  • Licensed Medical Doctor/Physician
  • Northern Villages’ Secretary Treasurer
  • Notary Public
  • Peace Officer
  • Pharmacist
  • Police Officer
  • Psychologist/Psychiatrist
  • Registered Clinical Counsellor
  • Registered Nurse
  • Registered Occupational Therapist
  • Registered Social Worker
  • Teacher (primary or secondary)

Q4. How could I access records from doctors/dentists hired by Indian Affairs?

Medical, dental, nursing, or therapy records can be obtained from your healthcare provider. If you cannot access past records from a doctor or dentist hired by Indian Affairs, you could request a current record that documents the injury you previously suffered and any lasting effects to this day.

If you could not obtain any medical, dental, nursing, or therapy records, you could have provided a Sworn Declaration included on Part 6 of the Claim Form.

Q5. What if I already sent in my Claim Form and I now want to amend it?

Claimants may only submit one Claim Form. Once submitted, the Claim Form cannot be revised or replaced.

The Claims Process is designed for Claimants to make one claim submission based on the most severe harm experienced at a Day School as set out in Parts 4 and 5 of the Claim Form. On September 23, 2021, the Federal Court confirmed that once a Claim Form had been received by the Claims Administrator, Claimants could no longer add new information, change their level selection or submit a new claim.

Claimants may, however, still have an opportunity to submit further information if the Claims Administrator makes a request for additional materials or for the Reconsideration request or Appeal of a decision where the Claims Administrator assessed a claim at a lower level than the one selected on the Claim Form.

Q6. I have been told I have missing information regarding an estates claim, what should I do?

Please see the FAQs regarding Estates Claims below, or check out the infographic here.

Q7. I submitted a Claim but haven’t heard back, what should I do?

If you submitted a Claim by January 13, 2023 and have not heard back, you may have missing information. Please call the Administrator at 1.888.221.2898 to inquire about your claim.

Q8. How do I know what information is missing in my Claim?

Please call the Administrator at 1.888.221.2898 to inquire about your claim. The Administrator will be able to let you know what information is required for your claim to be processed.

Q9. What is the deadline to submit my missing information?

Missing information can cause delays in processing your Claim. Please call the Administrator as soon as possible to learn what information might be missing from your Claim.

10. What happens if I don’t submit the missing information?

If you don’t submit the missing information needed to complete your Claim, your Claim can not be assessed.

Q11. What if I need help completing the Missing Information form?

Please contact Class Counsel at 1.844.539.3815 if you need help completing the Missing Information form.

Q12. I received a letter and am unsure what to do. What resources are available to help me through this process?

Please call the Administrator at 1.888.221.2898 to inquire about your claim. The Administrator will be able to let you know what information is required for your claim to be processed.

Q13. What if I can’t find the missing information needed to complete my claim?

Please call the Administrator at 1.888.221.2898 and they will be able to assist you.

Q14. Can I submit a Claim for compensation?

No, the Claims Period is closed.

Q15. I received compensation for Level one but would like to change my narrative for a higher level of compensation, can I do this?

No, if you have submitted a Claim or already received compensation, it is not possible to change or reopen your Claim.

The Administrator is now focused on gathering missing information for Claim Forms that were submitted by January 13, 2023.

Q16. I forgot to include information in my narrative that I believe would entitle me to a higher level of compensation, can I add/change my narrative?

Claimants may only submit one Claim Form. Once submitted, the Claim Form cannot be revised or replaced.

The Claims Process is designed for Claimants to make one claim submission based on the most severe harm experienced at a Day School as set out in Parts 4 and 5 of the Claim Form. On September 23, 2021, the Federal Court confirmed that once a Claim Form had been received by the Claims Administrator, Claimants could no longer add new information, change their level selection or submit a new claim.

Claimants may, however, still have an opportunity to submit further information if the Claims Administrator makes a request for additional materials or for the Reconsideration request or Appeal of a decision where the Claims Administrator assessed a claim at a lower level than the one selected on the Claim Form.

Q17. What do I do if I’ve already received compensation?

Nothing. Your Claim is considered completed if you have received compensation.

Q18. I received a letter saying I was ineligible for compensation; can I re-submit an application?

We know that it is difficult and disappointing for people when they learn that they are not eligible for this Settlement. A finding of ineligibility does not mean that your experience is not real and valid. It just means that it does not meet the terms of this specific Settlement Agreement.

Unless there was an error in fact or law in how your claim was processed concerning the application of Schedule K (the school list), or you have documentation showing that you did in fact attend a school listed on Schedule K, we can do no more for you in this process. If you have questions about your ineligibility letter, we encourage you to contact the Claims Administrator at: 1.888.221.2898 or indiandayschools@deloitte.ca.

About

Q1. What is the Federal Indian Day School Settlement all about?

In 2009, Garry McLean launched a class action lawsuit against Canada to seek compensation for the harms suffered by Indigenous students forced to attend Federal Indian Day Schools and Federal Day Schools across Canada.

On August 19, 2019, the Federal Court approved a nation-wide Class Action Settlement to compensate Claimants for harms suffered while attending federally established, operated, maintained, and controlled Day Schools.

Q2. The term “Indian” is outdated, not inclusive, and even offensive. Why use it?

Using this word was not an easy choice, because we recognize that it has negative connotations for many people. Federal “Indian Day Schools” were created under Canada’s “Indian Act,” which applied to First Nations, Inuit, and Métis peoples. The schools, and their name, reflect the dark reality of Canada’s history with Indigenous peoples. This Settlement sheds important light on that history.

Q3. What rights did I give up, if any, by agreeing to the Settlement?

The Settlement was approved by the Federal Court on August 19, 2019. If you did not opt out of the class action, then you gave up your right to bring an individual lawsuit against the federal government for harms experienced as a result of attending a Federal Indian Day School or a Federal Day School as listed here. In return, you were eligible for compensation for the most severe harm that you experienced while attending a Federal Indian Day School or a Federal Day School, subject to meeting the requirements outlined in the Claim Form.

For clarity, nothing in the Settlement Agreement prohibits you from bringing a suit against any other entity or organization for harms you experienced.

Q4. Where will Claim Forms eventually be stored after the process is over?

This will depend on your answer on page 14 (destroy, return, or send to Legacy Fund). If you want to have your information stored, you can send it to the Legacy Fund for archiving, which is run by the McLean Day Schools Settlement Corporation, a non-profit corporation run by Day School Claimants, to promote education, healing, and wellness.

Q5. How can I check on the status of my Claim?

To check the status of your Claim, contact the Claims Administrator at: 1.888.221.2898 or indiandayschools@deloitte.ca.

Ineligibility

Q1. Why did I get assessed as ineligible by the Claims Administrator?

There can be a number of reasons why your claim was found ineligible by the Claims Administrator. It could have been because:

  • the school, or for the years you attended the school, was not run by the federal government;
  • you opted out of this Settlement;
  • you have already received compensation for the same harms through another settlement with the federal government; or
  • the claim is on behalf of an estate and the deceased died before July 31, 2007.

The reason for your ineligibility will be listed in the letter from the Claims Administrator. If you have questions about your ineligibility letter, we encourage you to contact the Claims Administrator at: 1.888.221.2898 or indiandayschools@deloitte.ca.

Q2. I attended an Indian Day School. Why am I not eligible?

To be eligible for compensation, an individual must have attended one of the identified Federal Indian Day Schools or Federal Day Schools on Schedule K of the Settlement Agreement (the school list) and experienced certain abuse/harm during the time the school was run by the federal government. You can find a list of the schools and the qualifying years here.

Some schools were run by entities other than the federal government, such as churches, First Nations, or provincial or territorial governments. If you do not see the school you attended on the list (Schedule K), it is not covered under this class action. This Settlement only applies to those who attended federally established, operated, maintained, and controlled schools set out in Schedule K.

Q3. I disagree with my assessment of ineligibility. Is there anything I can do about my ineligibility letter?

We know that it is difficult and disappointing for people when they learn that they are not eligible for this Settlement. A finding of ineligibility does not mean that your experience is not real and valid. It just means that it does not meet the terms of this specific Settlement Agreement.

Unless there was an error in fact or law in how your claim was processed concerning the application of Schedule K (the school list), or you have documentation showing that you did in fact attend a school listed on Schedule K, we can do no more for you in this process. If you have questions about your ineligibility letter, we encourage you to contact the Claims Administrator at: 1.888.221.2898 or indiandayschools@deloitte.ca.

Schedule K – List of Federal Indian Day Schools

Q1. What if I don’t see the school I attended on the list of eligible schools?

The list of eligible Federal Indian Day Schools (Schedule K) is final. If you attended a school on this list, you may be eligible to make a Claim for compensation. The current list of schools can be found here.

Q2. Is it only the years listed for the schools on Schedule K that are eligible?

Yes. The eligible class periods are the dates for each school on Schedule K only. You must have attended one of the eligible school within the opening and closing or transfer date.

Q3. Do you have a list of which Day School(s) I attended?

Class Counsel does not have a list of the Federal Indian Day School(s) or Federal Day School(s) that you attended. If you are unsure about which school(s) you attended, we encourage you to speak to any family members, old classmates, or community workers who may know that information.

Q4. How can I differentiate a Federal from a Provincial Day School?

A complete list of Federal Indian Day Schools and Federal Day Schools can be found here. If your school is not on the list, it is likely a Provincial Day School or another type of institution.

Q5. Where can I locate my school records?

Evidence of school attendance includes school records that you or a family member may already have, including report cards, class photographs, or letters from teachers or the principal. Institutional records, such as class lists or administrative documents, are not required.

If you could not obtain school records, you could have provided a Sworn Declaration included on Part 6 of the Claim Form.

Q6. What if I cannot find my school records?

School records were not required for Level 1 Claims. For Levels 2-5, if you could not obtain school records, you could have provided a Sworn Declaration included on Part 6 of the Claim Form.

Q7. Are school class photos sufficient proof to satisfy evidence of attendance?

Yes. Class photographs are listed on page 10 of the Claim Form as acceptable proof under “School Records”.

Q8. What amendments were made to Schedule K?

The Federal Court approved three discrete changes to Schedule K to correct errors that were identified after the Settlement Agreement was implemented.

The eligible years for the affected schools are now:

  • Rossville Day School (adding June 30, 1967, to August 31, 1968)
    • September 1, 1875, to September 1, 1957
    • June 30, 1967, to August 31, 1968
  • Quinte Mohawk Day School (adding September 1, 1955, to August 31, 1960)
    • September 1, 1955, to September 1, 1997
  • Indian Cove/Pictou Landing (correcting the date from 1985 to 1958)
    • 1880 to June 30, 1958

Compensation

Q1. Is payment of compensation made on a “first come, first served” basis?

There is no such policy.

The amount of money set aside for eligible Level 1 Claims is based on data about the total number of students who are believed to have attended eligible Federal Indian Day Schools or Federal Day Schools. The data was reviewed by an independent expert and made available to the Federal Court for approval to ensure that funds would be available for anticipated Level 1 Claims. The Federal Court accepted this approach to Level 1 payments in approving the Settlement.

Payments of Level 2 to 5 Claims are made by Canada to the Claims Administrator after approval.

Q2. What does the Settlement include in terms of compensation?

Compensation ranges from $10,000 to $200,000 in consideration of your harms associated with attending a Federal Indian Day School or Federal Day School. An eligible Claimant will receive a payment reflecting the most severe harm suffered while attending a Federal Indian Day School or Federal Day School, irrespective of the number of schools attended or how long the Claimant attended such schools.

The Settlement also recognizes that harm was experienced not only by individual Claimants, but also by families and whole communities. That is why it also includes a $200 million Legacy Fund to support commemoration projects, health and wellness programs, and language and culture initiatives for Indigenous communities. For clarity, family of Class Members will not receive personal compensation under the Settlement.

Q3. When can I expect to receive compensation?

The Claims Administrator began issuing payments to Claimants whose Claim Forms were reviewed and approved. Claims were processed on a rolling basis, meaning Claims were reviewed as they were received.

If you any questions about the status of your submitted Claim Form, you can reach the Claims Administrator, Deloitte, by calling the Claims Help Line at 1.888.221.2898.

Q4. I received compensation for the level I requested, but believe that I am eligible for a higher level. Can I submit a new claim?

No. Once a claim has been fully adjudicated by the Claims Administrator or Independent Assessor, that decision is final.

The Claims Process was designed for Claimants to make one claim submission based on the most severe harm experienced at a Day School as set out in Parts 4 and 5 of the Claim Form. On September 23, 2021, the Federal Court confirmed that once a Claim Form had been received by the Claims Administrator, Claimants could not add new information, change their level selection or submit a new claim.

Q5. What if I have already submitted my claim form and now want to change it?

Applicants are not allowed to edit their application form once it has been submitted. However, claimants may have the option to submit additional information if the claims administrator makes a request for additional information if the claims administrator makes a request for additional documents or on a reconsideration of a decision where the claims administrator has assessed a claim at a lower level than selected on the claim form.

Please note that claimants were only able to submit one (1) claim form as part of the claims process.

Q6. How will compensation be distributed?

The Claims Administrator is responsible for distributing individual compensation to Claimants. The Claims Administrator began issuing payments to Claimants whose Claim Forms were reviewed and approved.

It is important to know that Claim Forms are processed on a rolling basis. In other words, Claims were reviewed as they were received. Compensation under the Settlement flows directly from the Claims Administrator to the Claimants.

Q7. Will my compensation be taxed or have an impact on insurance payments, pensions, social assistance, etc.?

Social Benefits

The Settlement Agreement provides that there should be no impact on benefits including social assistance, OAS, and CPP (see section 5.06 of Settlement Agreement).

The Government of Canada has committed to working with provincial and territorial governments and federal departments to ensure that any payment Claimants receive will not affect the amount, nature, or duration of any social benefits. Similar efforts were successful with respect to the Indian Residential School Settlement payments.

Tax

Payments from this lawsuit are not taxable. These payments compensate for abuse and harms at Federal Indian Day Schools or Federal Day Schools. The Canada Revenue Agency makes it clear that litigation damages for personal injuries are not taxable income.

Old Age Security (OAS) and Guaranteed Income Supplement

There will be no impact on OAS and Guaranteed Income Supplement payments. The Old Age Security Act defines income in accordance with the Income Tax Act. Litigation payments for personal injury, including psychological harm, are exempt from the Canada Revenue Agency’s definition of income.

The OAS pension is a monthly payment available to seniors aged 65 and older who meet the Canadian legal status and residence requirements. Low-income seniors are also eligible for the Guaranteed Income Supplement which is added to OAS. Neither will be impacted by compensation received from this Settlement.

CPP (Pension)

There will be no impact on CPP. Eligibility for CPP is based on age and contribution to CPP by working in Canada. It is not based on present income levels but contributions over the beneficiary’s lifetime.

Q8. What assistance was provided to Claimants?

A Claimant were able to receive assistance completing a Claim Form at no cost to them by Class Counsel, Gowling WLG.

  • Phone: Claimants who had specific questions about the Claim Form could call the Claims Administrator’s Help Line and obtain assistance in English, French, James Bay Cree, Inuktitut, and Ojibway. Class Counsel continues to be available to assist Claimants regarding reconsiderations and appeals.
  • Facebook: We provided updates through our Facebook Group, called “McLean Class Action on Indian Day Schools.”
  • Website: Our website, IndianDaySchools.com, has many resources. Claimants have been and continue to be able to:
  • Register for a Zoom (video conference) Claim Form Workshop. During these sessions, we walked Claimants through the Claim Form and answered questions live. We continue to offer support sessions regarding reconsiderations and appeals. The schedule of sessions is here.
  • Watch an educational video that walks Claimants through the Claim Form step-by-step.
  • Review our tips and infographics about the process here.

Finally, we understand that filling out the Claim Form could have been emotional. Mental health support continues to be available through the toll-free Hope for Wellness Help Line at 1.855.242.3310 or via the online chat at www.hopeforwellness.ca.

Q9. Who decided what level of compensation I am eligible for under the Settlement? Can I “appeal” a decision?

On the Claim Form, you were required to identify which level of compensation you are seeking (i.e., Levels 1 to 5). You could only select one level. If you did not make any level selection, then the Claim Form would have likely been returned to you as incomplete.

If the Claims Administrator approved your claim at a lower level of compensation than you claimed in your Claim Form, you can ask the Claims Administrator for reconsideration of that decision by filling out the “Reconsideration” Decision Form which will be in the decision letter they sent you and additional information, if applicable. You are able to provide additional information in support of the harm level that you claimed. If, following the reconsideration by the Claims Administrator, you are still unsatisfied, you can request that your claim be reviewed by the Independent Assessor.

The Independent Assessor may invite you to submit additional information in support of your claim before making a decision. The decision of the Independent Assessor is final. The Independent Assessor may on occasion refer a difficult or unique claim to the Exceptions Committee. The specific facts and circumstances of an individual claim will determine whether it is referred to the Exceptions Committee. A decision by the Exceptions Committee is final.

The Reconsideration and Independent Assessor process is not available to Claimants who seek to change their selected level after their Claim Form has been filed with the Claims Administrator. If you have further questions about your particular claim, you can contact Class Counsel for guidance.

Q10. The Claims Administrator assessed my claim at a lower level than the one I selected. What should I do?

If you receive a decision letter from the Claims Administrator assessing your claim at a lower level than the level you selected, please note that this decision is not final. Class Counsel continues to be available to provide free legal assistance to Claimants who require help in deciding how best to move forward with their claim. Please contact us at 1.844.539.3815 or by email at dayschools@gowlingwlg.com.

Upon receiving the decision letter from Deloitte, please read it carefully and review the reason(s) provided by the Claims Administrator as to why they assessed your claim at a lower level than you selected. You will have 120 days to submit your “Reconsideration” Decision Form, which is included in the letter, to the Claims Administrator along with additional information, if applicable. This form asks you to choose how you would like to proceed with your claim. You may either:

  1. accept the new level assessed by the Claims Administrator, or
  2. request a Reconsideration of your claim.

When making the decision about whether to accept the new level or request a Reconsideration, please consider whether you have additional information to provide to the Administrator that would help them make a different decision. In a Reconsideration, the Administrator will conduct another review of your narrative and any additional information you provide to assess if your claim can meet the level you requested, based on the criteria outlined in the harms grid (page 7 of the Claim Form). We strongly suggest contacting Class Counsel for support with this part of the process.

If, following the Reconsideration by the Claims Administrator, you are still unsatisfied, you can request that your claim be reviewed by the Independent Assessor.

The Independent Assessor may invite you to submit additional information in support of your claim before making a decision. The decision of the Independent Assessor is final. That said, the Independent Assessor may, on occasion, refer a difficult or unique claim to the Exceptions Committee. The specific facts and circumstances of an individual claim will determine whether it is referred to the Exceptions Committee. A decision by the Exceptions Committee is final.

The Reconsideration and Independent Assessor process is not available to Claimants who seek to change their level selected after their Claim Form has been filed with the Claims Administrator. If you have further questions about your particular claim, you can contact Class Counsel for guidance.

Q11. The Claims Administrator assessed my claim at a higher level than the one I selected. What should I do?

If you receive a decision letter from the Claims Administrator assessing your claim at a higher level than the level you selected, you may be required to submit additional information. Although a higher-level claim may require additional time and effort, it may result in a higher compensation amount.

Upon receiving the decision letter from Deloitte, please read it carefully and take note of any additional information requested by the Claims Administrator. The letter will include a “Confirmation of Self-identified Level” Decision Form, which asks you to choose how you would like to proceed with your claim. You may either:

  1. remain at the level you selected on your Claim Form, or
  2. request that your Claim Form be assessed at a higher level than the level you selected on your Claim Form.

If you choose to have your Claim Form assessed at a higher level, then you will likely be asked to submit the documents listed on the Additional Information and/or Documents form. Please note that your claim will take longer for the Claims Administrator to process as the Claim Form will need to be sent to the Government of Canada for review of eligibility. Canada has 60 days to review Levels 2-3, and 90 days to review Levels 4-5, starting from when the claim is received from the Claims Administrator.

Class Counsel is available to provide free legal assistance to Claimants who require help in deciding how best to move forward with their claim. Please contact us at 1.844.539.3815 or email dayschools@gowlingwlg.com.

Q12. Are there legal fees or costs associated with participating in this Settlement?

No. There are no legal fees or costs to apply for compensation. To be eligible for compensation, you must have attended one of the identified schools listed on Schedule K and experienced harm. If you have questions, Gowling WLG is here to provide legal advice free of charge.

Q13. How is Gowling WLG getting paid?

Canada has agreed to pay Class Counsel its legal fees and disbursements directly. The amount has been approved by the Federal Court. Class Counsel’s fees are separate and apart from the compensation for Claimants and from the Legacy Fund.

Q14. What is the impact of retaining a non-Class Counsel lawyer on my later use of Gowling WLG as Class Counsel?

Any Claimant retaining non-Class Counsel releases Class Counsel from any ongoing responsibilities to them. The retainer of non-Class Counsel must outline the consequences that a retainer with them will have on the usual duties and responsibilities owed by Class Counsel to the Claimant.

By signing a separate retainer agreement and/or choosing to use a lawyer other than Class Counsel, the Claimant will be deemed to have given up their access to free legal services from Class Counsel and will be deemed to have released Class Counsel from their obligations to support that particular Claimant.

Q15. Has compensation been delayed due to COVID-19?

No. The Claims Administrator has issued payments for Claimants whose Claim Forms have been reviewed and approved. Claims were processed on a rolling basis, meaning Claims were reviewed as they were received. The Claims Administrator accepted Claim Forms up until the extended deadline of January 13, 2023 and will process those received by that deadline.

If you have any questions about the status of your submitted Claim Form, you can reach the Claims Administrator, Deloitte, by calling the Claims Help Line at 1.888.221.2898.

Estate Claims

Q1. What if the deceased Claimant had a Will?

An estate representative appointed in the Will may file a Claim Form on behalf of the deceased Claimant. For more information please see the Estates Infographic.

Please also see page 13 of the Claim Form. The listed documents that confirm you have the authority to represent the deceased Claimant’s estate were needed to process your claim. A photocopy of those documents should have been attached to the Claim Form. Do not send original documents.

Q2. What if the deceased Claimant lived on reserve and did not have a Will?

If the deceased Claimant lived on reserve prior to passing away, we recommend that you call one of Indigenous Services Canada’s (“ISC”) Regional Offices to be appointed as the Estate Administrator. The Regional Office that will be responsible for the estate depends on the province/territory where the individual died. To start the estate process, the death must be reported to ISC. To report the death of a registered family member, you can provide ISC with a copy of the:

  • vital statistics death record or extract;
  • church death certificate;
  • coroner’s report;
  • burial permit; or
  • internment certificate.

By Mail:

Indigenous Services Canada, Office of the Indian Registrar
10 Wellington Street
Gatineau QC  K1A 0H4

or

Send to the ISC Regional Office (contact the Regional Office in the region where the individual died for appropriate address. See phone numbers below.)

or

By Email: aadnc.estates-successions.aandc@canada.ca

Regional Office Numbers – only for deceased who lived on reserve:

Atlantic Region 1.800.567.9604 or 1.902.661.6200
Quebec 1.800.567.9604 or 1.800.263.5592
Ontario 1.416.973.6234
Manitoba 1.800.567.9604
Saskatchewan 1.306.780.5392
Alberta 1.780.495.2773
British Columbia 1.604.775.7114 or 1.604.775.5100
Northwest Territories 1.867.669.2500
Yukon 1.867.667.3888

To apply to be appointed as the Estate Administrator, you will need to obtain (1) a copy of the Death Certificate and (2) a copy of the Application for Administration from your Regional Office. Once completed, send the Application for Administration to ISC. Due to the COVID-19 pandemic, some Regional Offices may be closed to walk-ins and there may be processing delays; timelines for processing estate matters vary by region.

When individuals contact ISC requesting to be appointed as an Estate Administrator, ISC may seek following information:

  • your name and contact information (e.g., address, email, phone number);
  • the full name, date of birth, date of death and registration number of the deceased (copy of the status card, if available);
  • confirmation of whether the deceased lived on or off reserve at the time of death;
  • proof of death (see above); and
  • confirmation of whether the deceased had a will.

Please note that provincial law governs estate appointments for deceased Claimants who lived in a First Nation community with a “modern treaty”, which is discussed in the following question.

Q3. What if the deceased Claimant had a will and lived in a First Nation community with a 'modern treaty'?

You will need to start the appointment process with the provincial court in which the deceased Claimant last resided.

As Class Counsel, Gowling WLG does not handle any estate legal services related to the claims process. Prior to taking steps to with the court to be appointed as an administrator or estate trustee, you should seek independent legal advice.

Q4. What if the deceased Claimant lived off reserve and did not have a Will?

The local Public Trustee Office may already be administering the deceased Claimant’s estate. You may wish to contact them before taking further steps. That aside, if the deceased Claimant lived off reserve and did not have a will, a representative will need to be appointed as an Administrator or Estate Trustee. The appointment of an administrator or estate trustee is a process governed by your local jurisdiction (i.e., provincial or territorial court). Unless the deceased resided in the Province of Quebec, you will need to start the appointment process with the court.

If the deceased Claimant resided in the Province of Quebec, then the heirs must appoint a liquidator. Once appointed, the liquidator may submit a Claim Form along with the following documents:

  1. Death Certificate;
  2. Certificate of Will search by Chamber of notaries;
  3. Certificate of Will search by Quebec Law Society; and

one of the following:

  1. Declaration of hereditary (sworn before a notary, lawyer or Commissioner of Oaths); or
  2. A designation of a liquidator by the heirs (e.g. Revenue Quebec form LM-14.1, BD-81.7 or BD-81.4-V)).

Please note that if a Will is disputed or an estate is contested by family members, the Claims Administrator may require additional documents, including a judgement issued by a superior court and a probated will.

If the deceased Claimant resided in the Province of Quebec and the Will or estate is under dispute, the Claims Administrator would require a probate judgement issued by the Superior Court of Quebec or by a Notary authorized by law to probate Wills; in addition, the Will must be certified by the Superior Court of Quebec or by the Notary who probated the Will.

As Class Counsel, Gowling WLG does not handle any estate legal services related to the claims process. Prior to taking steps to with the court to be appointed as an Administrator or Estate Trustee, you should seek independent legal advice.

Q5. Will Class Counsel assist with the depositing of funds in an estate claim?

Class Counsel does not provide assistance in terms of depositing cheques made out to an estate. We strongly encourage individuals acting on behalf of a loved one to connect directly with their financial institution in order to set up an estate account if one does not already exist.

Q6. Why might my financial institution prevent the depositing of funds in an estate claim?

Banks require a complete legal document, naming you as the Executor or Administrator, before they can set up an account in the name of the estate in order to disburse funds. This will need to be done by the Estate Representative (Executor or Administrator). Steps may include presenting valid ID, the death certificate, and the Administrator Certificate or complete Will (which may need to be probated) appointing the Estate Representative as Administrator or Executor.

Q7. Why might my financial institution hold the funds deposited by cheque?

According to the Financial Consumer Agency of Canada, a financial institution might hold the funds you deposit by cheque for several reasons, including:

  • to make sure that the cheque is drawn on a valid account and that the person or company issuing the cheque has the money to cover it, and
  • to make sure that the person or company issuing the cheque has not put a stop payment order on the cheque. (A stop payment order is placed on a cheque if, for some reason, the person or company issuing the cheque does not want it to be cashed.)

Contact your financial institution to find out its policy on holding funds and the maximum amount of time it may hold the funds you deposit by cheque drawn on a foreign bank or financial institution. If you feel that a federally regulated financial institution is not respecting your rights, contact the Financial Consumer Agency of Canada toll-free at 1.866.461.3222.

Legacy Fund

Q1. What is the Legacy Fund?

The Settlement includes a $200 million Legacy Fund to support commemoration projects, health and wellness programs, “truth-telling” events, and the restoration and preservation of Indigenous languages and culture.

Q2. How do I apply for the Legacy Fund?

Grants will be made from the McLean Day Schools Settlement Corporation to charities, not-for-profit organizations, and community-based organizations through a proposal-driven selection process. Organizations and charities will have to apply for these grants according to the guidelines and procedures put in place for the selection process. An organization that is provided with a grant will be responsible for carrying out the selected project in its community.