If a Claim Form has missing, incomplete, or out-of-date information, the Administrator may not be able to assess the Claim, make a decision on eligibility, or issue compensation.

You should review correspondence from the Administrator for details on what information might be missing.

If Claimants have not heard back from the Administrator, they should verify their Claim status by calling the Administrator at 1-888-221-2898 as soon as possible, as there may be missing information for their Claim.

Types of missing information may include:

• Insufficient information to identify and validate a Claimant’s Representative, per Part 7 of the Claim Form
• Name of Day School attended
• Years of Day School attendance
• Supporting Documents for Level 2-5 Claims
• Claimant Signature
• Identification
• Narrative and list of individuals who harmed Claimant (Level 2-5 Claims)
• Level Selection
• Sworn Declaration<

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 and submit any missing information by June 27, 2025.

Claimants should review correspondence from the Administrator. Missing information may need to be submitted so that your Claim can be processed.

Please call the Administrator at 1-888-221-2898 to inquire about your Claim. The Administrator will let you know what information is required for your Claim to be processed.

If you don’t submit the missing information, the Administrator may not be able to assess your Claim. Some Claims may be processed based on the information provided and may be denied or assessed at a lower level.

Class Counsel (Gowling WLG) may be able to assist. Contact them at 1-844-539-3815

Please call the Administrator at 1-888-221-2898 to inquire about your Claim. The Administrator will let you know what information is required for your Claim to be processed. 

For free legal assistance with missing information, Reconsiderations, and Independent Assessor reviews, contact Class Counsel by calling 1-844-539-3815 or emailing DaySchools@GowlingWLG.com. 

Mental health counselling and crisis support are available to Claimants at no cost 24 hours a day, 7 days a week, through the Hope for Wellness Helpline. Contact Hope for Wellness at 1-855-242-3310 or through their online chat at www.HopeForWellness.ca. Counselling is available in English, French, Cree, Ojibway, and Inuktitut, on request. 

Individuals who have missing information for their Claim Form will need to submit this information by June 27, 2025, so their Claim can be assessed for eligibility and compensation.  

The deadline applies to those who submitted a Claim Form or Extension Request Form by January 13, 2023. For clarity, new Claims are not being accepted by the Administrator, and there is no opportunity to amend a completed Claim. 

Acceptable forms of valid government-issued identification include photocopies of: 

• 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 submitting this missing information, you must ensure that:

• Both sides of your ID are photocopied
• The name and birthdate on the ID match the name and birthdate on the Claim Form
• The ID is not expired

Do not submit original copies of your identification; only submit a photocopy, picture, or scan of the ID.

If you do not have any of the above forms of ID, you can fill out a Sworn Declaration in Part 6 of the Claim Form.

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

Anyone who is the age of majority in their province or territory can act as your witness on page 5 of the Claim Form. The witness can be a family member.
The witness is only required to see you sign page 5 of the Claim Form. The witness does not need to read your entire Claim Form, affirm the accuracy of the events described by you, or have witnessed the abuse described in your Claim Form.

Yes, our legal team can provide assistance with the Sworn Declaration by video. Alternatively, eligible Guarantors may be 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 Councillor, 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)

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 can request a current record that documents the injury you previously suffered and any lasting effects to this day.  

If you cannot obtain any medical, dental, nursing, or therapy records, you can provide a Sworn Declaration included in Part 6 of the Claim Form.

The Administrator only accepts one Claim Form from each Claimant and does not allow revisions or replacements to existing or paid Claims.   

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 Administrator, Claimants could no longer add new information, change their level selection, or submit a new Claim. The Federal Court of Appeal affirmed the decision on January 5, 2024, and leave to appeal was denied by the Supreme Court on May 30, 2024.

Claimants may have an opportunity to submit further information if the Administrator makes a request for additional materials or on a Reconsideration or Independent Assessor request. A Claimant can request Reconsideration or Independent Assessor if the Administrator assessed their Claim at a lower level than the one selected on the Claim Form.

Please visit the FAQs regarding Estates Claims below or this infographic. 

Some information that is required in a Claim may be substituted with a Sworn Declaration, included in Part 6 of the Claim Form. 

For more information on whether a Sworn Declaration may be used, or for help with completing a Sworn Declaration, contact Class Counsel at 1-844-539-3815 or by emailing DaySchools@GowlingWLG.com. 

No, the Claims Period is now closed. 

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. 

No. The Administrator only accepts one Claim Form from each Claimant and does not allow revisions or replacements to existing or paid Claims.

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 Administrator (Deloitte), Claimants could no longer add new information, change their level selection, or submit a new Claim. The Federal Court of Appeal affirmed the decision on January 5, 2024, and leave to appeal was denied by the Supreme Court of Canada on May 30, 2024.

Claimants may submit further information if the Administrator makes a request for additional materials or on a Reconsideration or Independent Assessor request. A Claimant can make a Reconsideration or Independent Assessor request if the Administrator assessed their Claim at a lower level than the one selected on the Claim Form.

Nothing, your Claim is complete.

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.

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 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.

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. 

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

This depends on your answer on page 14 of the Claim Form (the options were: destroy, return, or send to Legacy Fund).

If you selected “Securely Destroy,” your Claim Form and all related documents will be destroyed by the Administrator.

If you selected “Returned to you”, the Administrator will return your Claim Form and all related documents to you.

If you selected “Delivered to the Legacy Fund”, your Claim Form and all related information will be sent to the McLean Day Schools Settlement Corporation for archiving. The McLean Day Schools Settlement Corporation is a non-profit corporation that runs the Legacy Fund, which provides funding for education, language, healing and wellness.

If you did not select any option on page 14 of the Claim Form, your Claim Form and all related documents will be destroyed by the Administrator.

To check the status of your Claim, contact the Administrator by calling 1-888-221-2898 or emailing  IndianDaySchools@Deloitte.ca. 

We understand that receiving a letter of ineligibility can be difficult and disappointing. It’s important to know that being ineligible does not mean your experience did not happen, it just means that you do 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, a letter of ineligibility means that you are not part of the Survivor Class and therefore not eligible for compensation under this process.

Please note that if you are ineligible to claim compensation under this Settlement, you can still bring a separate lawsuit against the individuals or organizations responsible for the abuse that you experienced, including the federal government.

If you have questions about your ineligibility letter, we encourage you to contact the Administrator at1-888-221-2898 or IndianDaySchools@deloitte.com.

There can be several reasons why your Claim was found ineligible by the Administrator. It could be 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
• 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 Administrator. If you have questions about your ineligibility letter, we encourage you to contact the Administrator by calling 1-888-221-2898or emailingIndianDaySchools@Deloitte.ca. 

To be eligible for compensation, an individual must have attended one of the identified Federal Indian Day Schools or Federal Day Schools onSchedule Kof the Settlement Agreement (the school list) and experienced harm during the time the school was run by the Federal government. Find a list of the schools and the qualifying years.

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 inSchedule K.

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, a letter of ineligibility means that you are not part of the Survivor Class and therefore not eligible for compensation under this process. 

Please note that if you are ineligible to claim compensation under this Settlement, you can still bring a separate lawsuit against the individuals or organizations responsible for the abuse that you experienced, including the federal government.   

If you have questions about your ineligibility letter, we encourage you to contact the Administrator at 1-888-221-2898. 

The list of eligible Federal Indian Day Schools (Schedule K) is final. If you attended a school on this list during the years it was run by the Federal government, you were eligible to make a Claim for compensation.  

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

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.

Find a complete list of Federal Indian Day Schools and Federal Day Schools at Schedule K. If your school is not on the list, it is likely a Provincial Day School or another type of institution. 

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 a principal. Institutional records, such as class lists or administrative documents, are not required.

If you cannot obtain school records, you can provide a Sworn Declaration in Part 6 of the Claim Form when submitting missing information.

School records are not required for Level 1 Claims. For Levels 2-5, if you cannot obtain school records, you can provide a Sworn Declaration included in Part 6 of the Claim Form when submitting missing information.

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

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 

There is no such policy. 

The amount of money set aside for eligible Level 1 Claims is based on data on 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. 

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

Compensation ranges from $10,000 to $200,000 in consideration of the 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, “truth-telling” events, as well as the restoration and preservation of Indigenous languages and culture. For clarity, the family of Class Members will not receive personal compensation under the Settlement. 

The 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 have any questions about the status of your submitted Claim Form, you can reach the Administrator by calling 1-888-221-2898. 

No. Once a Claim has been fully adjudicated by the 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 Administrator, Claimants could not add new information, change their level selection, or submit a new Claim. The Federal Court of Appeal affirmed the decision on January 5, 2024, and leave to appeal was denied by the Supreme Court of Canada on May 30, 2024.  

The Administrator does not allow Claimants to edit their Claim Form once it has been submitted, except to provide an updated address or estate information.  

However, Claimants with missing information on their Claim Form will need to provide additional information so that their Claim can be processed. Claimants may also have the option to submit additional information in the event of a Reconsideration or Independent Assessor review of a decision where the 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. 

The Administrator is responsible for distributing individual compensation to Claimants. The Administrator began issuing payments to Claimants whose Claim Forms were reviewed and approved in 2020. 

Claim Forms are generally processed on a rolling basis. In other words, Claims were reviewed as they were received.  

Social Benefits 

The Settlement Agreement provides that there should be no impact on benefits including social assistance, Old Age Security (OAS), and Canada Pension Plan (CPP). For more information, visit section 5.06 of the 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 provincial or territorial 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. 

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 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

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. 

Class Counsel is available to provide free legal assistance with responding to a missing information letter from the Administrator, seeking a Reconsideration, and making an Independent Assessor request. Class Counsel is available at 1-844-539-3815. 

• Facebook: We continuously provide updates through our Facebook Group @McLeanClassAction. 
• Website: Our website, IndianDaySchools.com, has many resources. Claimants were able to register for Zoom (video conference) Claim Form Workshops. During those sessions, we walked Claimants through the Claim Form and answered questions live.  
• Watch an educational video that walks Claimants through the Claim Form step-by-step. 
• Review our tips and infographics about the process.

Claimants who have questions about the status of their Claim can call the Administrator at 1-888-221-2898 and obtain assistance in English, French, James Bay Cree, Inuktitut and Ojibway.  

Finally, we understand that filling out the Claim Form and submitting missing information can be 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. 

The Administrator decides the level of compensation you are eligible for based on the information in your Claim Form and supporting documents. 

On the Claim Form, you were required to identify which level of compensation you were seeking (i.e., Levels 1-5). You could only select one level. If you did not make any level selection, then the Administrator likely sent you a letter asking for you to make a level selection.  Claims with missing level selections need to be completed by June 27, 2025. 

If the Administrator approved your Claim at a lower level of compensation than what you claimed in your Claim Form, you can ask the Administrator for reconsideration of that decision by completing a Reconsideration Decision Form (which would be included in the decision letter sent to you) and providing 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 Administrator, your Claim is still assessed at a level lower than that which you initially claimed, you can request that your Claim be reviewed by the Independent Assessor. 

If, after a Reconsideration, your Claim is assessed at a lower level than you initially claimed, you may submit additional information to the Independent Assessor. 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 Administrator. If you have further questions about your particular Claim, you can contact Class Counsel for guidance by calling 1-844-539-3815 or emailing DaySchools@GowlingWLG.com.

If you receive a decision letter from the Administrator assessing your Claim at a lower level than the level you initially selected, the 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 Class Counsel as soon as possible after receiving a decision letter from the Administrator by calling 1-844-539-3815 or emailing DaySchools@GowlingWLG.com.

When you receive the decision letter from the Administrator, please read it carefully and review the reason(s) provided 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 would be included in the letter, to the 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: 

• Accept the new level assessed by the Administrator, or 
• Request a Reconsideration of your Claim

When making a decision about whether to accept the new level or request a Reconsideration of your Claim, 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 Administrator, your Claim is still assessed at a level lower than that which you initially claimed, you can request that your Claim be reviewed by the Independent Assessor. 

If, after a Reconsideration, your Claim is assessed at a lower level than you initially claimed, you may submit additional information to the Independent Assessor. 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 Administrator. If you have further questions about your particular Claim, you can contact Class Counsel for guidance by calling 1-844-539-3815 or emailing DaySchools@GowlingWLG.com. 

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.

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 in Schedule K and experienced harm.  

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. 

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. 

No. The Administrator 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 Administrator accepted Claim Forms until the extended deadline of January 13, 2023. 

If you have any questions about the status of your submitted Claim Form, you can reach the Administrator by calling 1-888-221-2898. 

An estate representative appointed in the will has the authority to file a Claim Form, seek a Reconsideration, or make an Independent Assessor request 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 an estate representative’s authority to represent the deceased Claimant’s estate are needed to process the Claim. A photocopy of those documents must be attached to the Claim Form. Do not send original documents. 

If the deceased Claimant lived on reserve prior to passing away and did not have a will, we recommend that you call one of Indigenous Services Canada (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 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 
• 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.

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 with the court to be appointed as an Estate Administrator, we recommend you seek independent legal advice. 

The local provincial/territorial Public Trustee Office may already be administering the deceased Claimant’s estate. You may wish to contact them before taking further steps. If the deceased Claimant lived off reserve and did not have a will, a representative will need to be appointed as an Estate Administrator. The appointment of an Estate Administrator is a process governed by your local jurisdiction (i.e. provincial or territorial court). Unless the deceased person 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 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 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 with the court to be appointed as an Estate Administrator, we recommend you seek independent legal advice. 

Class Counsel does not assist with depositing cheques. As cheques for estate Claims will be made out to the estate of the deceased (and not the name of the deceased directly), the Estate Representative (Executor or Administrator) will need to ensure an estate account has been opened with a financial institution or bank to be able to deposit the compensation cheque for the Settlement.  

Financial institutions require documentation proving the authority of the Estate Representative (Executor or Administrator) before they will set up an account in the name of the estate. Each financial institution has its own requirements for what documentation they require, so the Estate Representative (Executor or Administrator) will need to consult with the financial institution directly to inquire as to what is needed.  

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. 

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

Grants from the Legacy Fund will be made from the McLean Day Schools Settlement Corporation to charities, not-for-profit organizations, as well as community-based organizations through a proposal-driven selection process. Organizations and charities will have to apply for these grants and the grants will be awarded based on selection criteria. An organization that is provided with a grant will be responsible for carrying out the selected project in the proposed community.