Individual Compensation is provided to eligible members of an Impacted First Nation who lived on First Nations lands subject to a drinking water advisory that lasted at least one year between November 20, 1995, and June 20, 2021.

Compensation is also available for:

• persons under disability,
• minor children,
• deceased Individual Class Members who passed away on or after November 20, 2017, and
• individuals who have experienced Specified Injuries related to a drinking water advisory that lasted at least one year between November 20, 1995, and June 20, 2021.

In this Settlement, individuals born before November 20, 1995, are eligible for compensation only for long-term drinking water advisories that happened after November 20, 2013, up to June 20, 2021. This is because of the federal limitation period, which provides adults with six years to bring a lawsuit forward after something happens.

Since the First Nations Drinking Water Class Action was filed in 2019, those born before November 20, 1995, are eligible for compensation as of November 20, 2013 (six years prior to the class action being filed).

The six-year limitation period doesn’t apply to people who were unable to begin a proceeding for a claim before November 20, 2013, because of a physical, mental or psychological condition. It also doesn’t apply to minors under 18 years old as they are not expected to launch a lawsuit while they are under the federal age of majority. This means that the eligibility period for minors can be up to 18 years before November 20, 2013.

Please see the Individual Claim Form for more details or contact the Administrator at  firstnationswater@deloitte.ca or toll-free at 1-833-252-4220. You can also contact Class Counsel at counsel@firstnationsdrinkingwater.ca or toll-free at 1-833-265-7589.

If you are eligible for Individual Compensation, the amount you will receive is based on the type of water advisory you experienced, the remoteness of your First Nation community, the number of years you lived in the community and when you submitted your claim. A remote community is one that is classified as Zone 3 or 4 in the Band Classification Manual and is generally a community located over 350 km from the nearest service centre with year-round road access or a community that does not have year-round road access to a service centre.

The possible ranges are based on the type of water advisory you experienced, the remoteness of your First Nation community, the number of years you lived in the community and when you submitted your claim.

Compensation ranges from $1,300 to $2,000 for each full year that you lived in a community that was under a drinking water advisory. If you only lived in the community part of the year, compensation will be prorated. This means the amount you will receive is based on the number of days that you lived in the community while under a drinking water advisory.

Here are a few examples.

Sally lived in an eligible remote First Nation community for three years between January 1, 2015, and December 31, 2017. The community was under a boil water advisory that lasted one and a half years from July 1, 2016, to December 31, 2017. This community is within the compensation category that provides $2,000 per year.

Since the drinking water advisory lasted one and a half years, Sally would receive $3,000 (1.5 years x $2,000).

Joe lived in an eligible remote First Nation community for one month between January 1 and 31, 2018. The community was under a, “do not use” water advisory. Joe then moved to an eligible non-remote First Nation community on February 1, 2018. He lived there for two years. The community was under a boil water advisory for one full year, from April 1, 2018 to March 31, 2019.

The compensation categories that apply to this situation are:

• Remote First Nations under a “do not use” water advisory ($2,000 per year); and
• Non-remote First Nations under a boil water advisory ($1,300 per year).

For the first community under a “do not use” advisory, Joe would receive a prorated amount of $169.86 (31 days out of 365 days).
For the second community, a non-remote First Nation community under a boil water advisory for a full year, he would receive $1,300.
Joe’s total compensation would be $1,469.86.

Betty lived in an eligible non-remote First Nation community for five years. The second year that she lived there, the community was under a boil water advisory. The boil water advisory lasted for three years before turning into a “do not consume” advisory for the remaining year that she lived in the community.

The compensation categories that apply to this situation are:

• Non-remote First Nations under a boil water advisory ($1,300 per year); and
• Non-remote First Nations under a “do not consume” water advisory ($1,650 per year).

Betty would receive $3,900 for the three years under a boil water advisory and $1,650 for the year she lived under a do not consume advisory.

Betty’s total compensation would be $5,500.

Randy was born on January 15, 1975, and lived in a non-remote First Nation community. The First Nation community was under a boil water advisory for two years from November 20, 1995 to November 19, 1997, and then again for another one year from November 1, 2014 to October 31, 2015. This community is within the compensation category that provides $1,300 per year.

Since the First Nations Drinking Water class action was filed in 2019, and since the federal limitation period provides adults with six years to bring a lawsuit forward after something happens, those born before November 20, 1995, are eligible for compensation as of November 20, 2013 (six years prior to the class action being filed). As result, Randy would receive a $1,300 for the boil water advisory that lasted one year between November 1, 2014, and October 31, 2015.

Raymond’s daughter Tina was born on January 1, 1996, and lived in a remote First Nation community that was under a drinking water advisory for two years from July 1, 1996 to December 31, 1997. This community is within the compensation category that provides $1,300 per year.

Since Tina was under the federal age of majority six years before the First Nations Drinking Water class action was filed in 2019, she is eligible for compensation starting July 1, 1996 (start of drinking water advisory). As result, Tina would receive a prorated amount of $1,950 ($1,300 for one full year under a boil water advisory from July 1, 1996 to June 30, 1997, plus a prorated amount of $650 for half a year under the advisory from July 1, 1997 to December 31, 1997).