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About the First Nations Drinking Water Settlement

This lawsuit between Canada and certain First Nations and their members addresses Canada’s failure to take all reasonable steps to ensure that First Nations communities have adequate access to clean, safe drinking water.

The settlement includes compensation for individuals and First Nations subject to a drinking water advisory that lasted at least one year between November 20, 1995 and June 20, 2021.  The settlement also includes commitments to fund the construction, operation, and maintenance of infrastructure to help individuals enjoy regular access to safe drinking water in their homes in a quantity sufficient for everyday use: laundry, cooking, washing dishes, bathing, etc.

You have received a Settlement Notice because your First Nation community is included in the list of Impacted First Nations in the First Nations Drinking Water Class Action Settlement Agreement. This Settlement was approved by the Courts on December 22, 2021, and the claims process opened on March 7, 2022.

Individuals are giving up their right to sue Canada for the claims resolved by this settlement. That means you will not be able to sue Canada for damages incurred before June 20, 2021 that were caused by Canada’s failure to provide safe drinking water in your community.

Impacted First Nations who do not accept the settlement will not be bound by it and cannot benefit from the terms of it. IMPORTANT: Individuals can still submit a claim even if their Band Council does not participate.

Approval of the settlement means you cannot take legal action against Canada for damages before June 20, 2021. However, you can take action against Canada for damages beginning or continuing after June 20, 2021.

No. This Settlement Agreement does not cancel or take priority over any treaty between Canada and any Class Member, or any existing agreement between Canada and any Class Member with respect to First Nation water and wastewater systems, long-term drinking water advisories or similar matters.

The $8 billion settlement includes:

  • $1.8 billion in compensation to individuals and Impacted First Nations
  • an additional $50 million allocated for eligible individuals who suffered Specified Injuries due to a drinking water advisory that lasted at least one year between November 20, 1995 and June 20, 2021
  • At least $6 billion to support construction, upgrading, operation, and maintenance of water and wastewater infrastructure in First Nations communities
  • A renewed commitment to Canada’s Action Plan for the lifting of all long-term drinking water advisories
  • Planned modernization and inclusion of standards in Canada’s First Nations drinking water legislation
  • The creation of a First Nations Advisory Committee on Safe Drinking Water
  • Support for First Nations to develop their own safe drinking water by-laws and initiatives

Class Counsel in this case are McCarthy Tétrault LLP and Olthuis Kleer Townshend LLP. They can be reached by phone at 1-833-265-7589 (toll free) or by email at counsel@firstnationsdrinkingwater.ca.

No. Class Counsel’s fees will be paid by Canada. They can help you with claims for Specified Injuries Compensation or legal questions about the settlement. There is no cost to you.

Canada has committed to making all reasonable efforts to ensure that Class Members have regular access to safe drinking water in their homes. In support of that commitment, Canada will spend at least $6 billion on First Nation water infrastructure between June 20, 2021 and March 31, 2030, at a rate of at least $400 million each year. This spending commitment will be administered by Indigenous Services Canada.

Canada has committed to making all reasonable efforts to ensure that class members have regular access to safe drinking water in their homes. In support of that commitment, Canada will spend at least $6 billion on First Nation water infrastructure between June 20, 2021 and March 31, 2030, at a rate of at least $400 million each year. This spending commitment will be administered by Indigenous Services Canada.

Through the development of annual First Nation Infrastructure Investment Plans, Indigenous Services Canada’s regional offices work with First Nations to prioritize and address any identified repairs, upgrades or new infrastructure and provide related funding based on project prioritization using the National Priority Ranking Framework and the Priority Ranking Framework for Water and Wastewater Projects. These prioritization tools help direct funding towards projects in a fair and consistent manner and ensure that the highest priority projects are funded.

For more information on Prospective Relief Funding, please contact the Indigenous Services Canada regional office in your area: Regional offices (sac-isc.gc.ca).

Your First Nation can give notice to Canada, directed to the Deputy Minister of Indigenous Services, if Canada is failing to meet its commitment to make all reasonable efforts to ensure that your First Nation’s members have regular access to safe drinking water in a quantity sufficient for everyday use, such as cooking, cleaning, laundry, bathing or otherwise.

If your First Nation and Canada cannot agree on the necessary remedial measures, your First Nation can invoke an alternative dispute resolution process that incorporates your nation’s legal traditions, which can include a process in your language, including your ceremonies, and in your territory. This mechanism will determine the extent of Canada’s obligations, and if necessary, direct compliance.

For more information, please contact Class Counsel at counsel@firstnationsdrinkingwater.ca.

Claims Process

Individuals can apply by submitting a Claim Form.

Or, in some cases, individuals may not need to submit a claim if they already have been included in the information submitted by their Band Council as part of the Band Council Confirmation list of people that lived on the reserve during a long-term water advisory.

But, before you complete a Claim Form, check www.firstnationsdrinkingwater.ca to see if your First Nation has filed a claim on behalf of its members. If it has, please call the Administrator at 1-833-252-4220  to check if you’re on the list. Individuals included on the list will not be named on the website so you must call to find out.   If you are on the list, no further action is required, unless you are planning to submit an Individual Claim Form for Specified Injuries. Individuals seeking compensation for Specified Injuries must submit a Claim Form.

Note that Individuals must submit a Claim Form if:

  • Your Band Council has not included you in a Band Council Confirmation list.
  • You are filing as a personal representative for a person under disability (under Power of Attorney)
  • You are filing as a personal representative/guardian for a minor child who has not been included as part of the Band Council Confirmation list
  • You are filing as an estate representative/Executor on behalf of an individual who passed away on or after November 20, 2017
  • You are filing as the highest priority heir on behalf of a family member who passed away on or after November 20, 2017
  • You prefer to file an Individual Claim Form rather than be included in your Band Council Confirmation list

You only need one Claim Form even if you lived in multiple Impacted First Nations or experienced multiple Specified Injuries.

Your Claim Form will take priority over information your Band Council submits. If you submit a Claim Form and your name is on the Band Council Confirmation List, your Claim Form will trump the List.

Eligibility 

You may be eligible if you:

  • Are a member of a First Nation; and
  • You lived on a First Nation during a long-term drinking water advisory (boil water, do not consume or do not use) that lasted for at least a year between November 20, 1995 and June 20, 2021.

IMPORTANT – due to federal legislative limitations, individuals who were born before November 20, 1995 are only eligible for compensation going back to November 20, 2013.

This limitation is in place because of Canadian laws that limit the time that adults have to bring forward a lawsuit after an event happens. There are exceptions in place for those who may not have been able to because of their physical, mental, or psychological condition. If you are unsure how this limitation applies to you, please contact Class Counsel for more information.

You may be eligible for compensation even if your First Nation, or a First Nation on which you lived, does not accept the Settlement Agreement.

The Impacted First Nations can be found on this list. Those First Nations on this list are known to have been subject to a drinking water advisory that lasted at least one year between November 20, 1995 and June 20, 2021.

First Nations who fit the eligibility criteria but are not on this list are invited to reach out to the Administrator to discuss and determine whether the First Nation is an Impacted First Nation.

For Impacted First Nations to accept the settlement, they must submit a Band Council Acceptance Resolution (BCAR) to the Administrator at firstnationswater@deloitte.ca or by mail at PO Box 160 Station Adelaide, Toronto, ON M5C 2J2. For a template of this BCAR, please reach out to the Administrator at firstnationswater@deloitte.ca.

The deadline to submit the Band Council Acceptance Resolution is March 7, 2023.

Certain First Nations are not included in this settlement as they are bringing their claims in a different way. Those First Nations are:

  • Tsuu T’ina Nation
  • Sucker Creek First Nation
  • Ermineskin Cree Nation
  • Blood Tribe (Kainai Nation)
  • The Okanagan Indian Band

Yes. If your First Nation is on this list and chooses not to participate, you can still apply for compensation using the relevant Claim Form for you or the Individual you represent.

The eligibility period is different based on when you were born.

If you were born on or after November 20, 1995, you can apply for the period between November 20, 1995 and June 20, 2021.

If you were born before November 20, 1995, you can apply for the period between November 20, 2013 and June 20, 2021.

Please note that there are exceptions for those who could not begin a proceeding for their claim before November 20, 2013, due to their physical, mental, or psychological condition. Please see the Individual Claim Form for more details or contact the Administrator or Class Counsel for assistance.

Legislative limitations in Canadian law place limits on how long adults have to bring a lawsuit forward after an event happens.

This means that if you were born before November 20, 1995, you are eligible for compensation from November 20, 2013 to June 20, 2021.

There are exceptions for those who could not begin a proceeding for their claim before November 20, 2013 because of their physical, mental or psychological condition. Please see the Individual Claim Form for more details or contact the Administrator or Class Counsel for assistance.

In some cases, yes. If the eligible individual passed away on or after November 20, 2017, their family or other personal representative may apply on their behalf.

Documentation is required to confirm that the person submitting a claim on behalf of the deceased individual is eligible to do so. Please refer to the Representative Claim Form  for additional details.

Yes. If you were under 18 when you lived on an Impacted First Nation and moved away from your community to attend school, you may apply for the time you attended school regardless of where you lived.

The Individual Claim Form includes a checklist that outlines all the information you need to submit with your claim. You will need to provide a copy of a government-issued identification (ID), for example, your Indian Status Card.

If you are submitting a claim for Specified Injuries (Part 4 of the Claim Form), you do not have to provide supporting documents or testimony to make a claim. However, for certain types of Specified Injury Claims, you may be asked by the Administrator to provide documentation. If asked, you can include things like (a) medical records of the injury and its cause; (b) other records including written records, photographs, and videos, of the injury and its cause; (c) a written statement; or (d) oral testimony.

If you do not have a government-issued ID, you must complete the Sworn/Affirmed Declaration in Part 5 of the Claim Form where you will state that you do not have a government-issued ID. You must also have a Guarantor witness and sign the statement, and they must also include their personal details in Part 5 of the Claim Form. The date of both signatures (Class Member’s and Guarantor’s) must be the same.

The settlement ONLY applies to First Nations members who lived on Impacted First Nations lands on this list and were subject to a drinking water advisory that lasted at least one year between November 20, 1995 and June 20, 2021.

The individual must be a member of a First Nation to receive compensation under this settlement. They do not need to be a member of the First Nation they are residing on / claiming for, but they do have to be a member somewhere. Please see the Notice Documents for more details.

If your First Nation did not have an advisory that lasted a least one year or longer, you are NOT eligible for compensation. The settlement only applies to Impacted First Nations subject to a drinking water advisory that lasted at least one year between November 20, 1995 and June 20, 2021.

If you do not agree with the decision, you can appeal. The appeal will be reviewed and assessed by a Third-Party Assessor whose decision will be final.

Instructions for how to submit an appeal will be included with the decision letter from the Administrator.

  • Individual community members who do not agree with the Administrator’s decision have 60 days to submit an appeal.
  • First Nation Band Councils that do not agree with the Administrator’s decision for their claim for the Base Payment or First Nation damages have 30 days to submit an appeal. First Nation Band Councils cannot appeal the amount of the Base Payment ($500,000); however, they may appeal the Administrator’s decision of whether they are eligible for the Base Payment or the calculation of the First Nation’s damages.
A photocopy (front and back) of any one piece of your current government-issued identification (ID), for example, issued by a Federal, Provincial or Territorial government, must be submitted as part of your claims package.

Acceptable ID: one of the following cards issued to you by the Federal or Provincial/Territorial governments:

  • Driver’s License (or Operator’s License, in some provinces)
  • Provincial/Territory Photo Card
  • Passport
  • Certificate of Indian Status (Indian Status does not expire. Your registration number confirms your status.)
  • Secure Certificate of Indian Status (Indian Status does not expire. Your registration number confirms your status.)
  • Land Claim Beneficiary Card (including NTI Enrolment Card)
  • Social Insurance Card (Paper or Card)
  • Birth Certificate
  • Old Age Security (OAS) Identification Card
  • Firearms Possession and Acquisition Licence (PAL)
  • Official Military ID
  • Nexus Card
  • Bring Your ID (BYID) Card (age of majority card)
  • Permanent Resident Card
  • U.S. State ID
  • Certificate of Canadian Citizenship
  • Prison/Correctional ID
  • First Nations/Indigenous Government ID

Not acceptable ID: Any cards issued by the city/municipality/region (for example, Library Card) or other organization are not eligible Federal or Provincial/Territorial government-issued ID

If you do not have any government-issued ID, you must complete the Sworn/Affirmed Declaration in Part 5 of the Claim Form, where you will declare that you do not have a piece of a government-issued ID and are therefore providing this Sworn/Affirmed Declaration. This statement must be witnessed and signed by a Guarantor who must also complete all the personal details included in Part 5 of the Claim Form. The signature dates of both the Individual Class Member and Guarantor must match.

The following individuals may act as a Guarantor and sign the Sworn/Affirmed Declaration:

  • Border Service Officer
  • Certified Aboriginal Financial Manager
  • Certified/Registered Accountant
  • Chartered Professional Accountant
  • Chief
  • Commissioner of Oaths
  • Correctional Officer
  • Federal or Provincial Court Judge or Justice of the Peace
  • Government or Band Councillor
  • Indian Registration Administrator
  • Indigenous/Aboriginal Liaison Officer
  • Inuit Community Leader
  • 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)

Specified Injuries 

Specified Injuries are harms sustained because of drinking water advisories that lasted at least one year between November 20, 1995 and June 20, 2021. Please find more details on the Claim Form.

Please note that any amounts determined eligible and paid for Specified Injuries will be in addition to the Individual Damages payable to eligible class members for time lived on an Impacted First Nation during a long-term drinking water advisory.

You may be eligible for additional compensation for Specified Injuries if you suffered significant and long-term health problems that harmed your quality of life and disrupted your wellbeing and/or daily activities. Those health problems must be directly caused by the drinking water advisory, either because you used treated or tap water in accordance with the advisory but still got sick, or because you didn’t have proper access to treated or tap water.

This means you must have followed the drinking water advisory instructions. For example, if a boil water advisory was in place, you must have followed the instructions and always boiled your tap water beforehand. This also means that you must have been using the treated or tap water. Source water (lakes or streams) is not covered. Individuals applying for Specified Injuries must submit a Claim Form.

Specified Injuries may include or be associated with nine types of harm:

  1. Digestive (gastroenterological)
  2. Respiratory/Breathing
  3. Dermatological (skin)
  4. Liver
  5. Neurological (brain/nervous system)
  6. Bloodstream infections
  7. Kidney
  8. Tumors or Cancer
  9. Mental Health

Please see the Individual Claim Form  or Representative Claim Form  for more information.

To apply for Specified Injuries Compensation, you must submit a Claim Form, including Parts 1-5. You must submit a form even if you are included in a Band Council Confirmation List. Your Band Council cannot claim Specified Injuries compensation on your behalf.

You can provide information in support of your Specified Injury by indicating the type of harm, . If you can’t remember the name of the health practitioner you saw, you can still put their role and where you saw them (for example, nurse at Neskantaga Nursing Station). Depending on your Harm Level, this can include Traditional Healers, Elders, Community Health Leaders, Knowledge Keepers or health care professionals. You may attach or upload documents that support your claim for Specified Injuries. For certain types of Specified Injury Claims, you may be asked by the Administrator to provide additional documentation.

You must complete a Sworn Declaration as part of your Specified Injuries Claim.

Please see the Individual Claim Form  or Representative Claim Form  for more information.

Class Counsel consulted with 14 experts including First Nations Elders, Knowledge Keepers, a Hydrologist, Infectious Disease experts, an Aquatic Toxicologist, History Professors and an Actuary to determine compensation amounts.

The Administrator has been appointed by the Courts to process applications in accordance with the terms of the settlement, the findings of the experts, and the information provided by the Individual Class Members and Impacted First Nations. The Administrator does not represent Canada, the First Nations, or First Nations members.

Please see the Notice Documents for more details.

You will need to include the name and type of health practitioner you tried to get treatment from, or who provided treatment for your injuries. Depending on your Harm Level, this can include Traditional Healers, First Nation Elders, Community Health Leaders, Knowledge Keepers or health care professionals. You will need to try your best to include the name and type of health practitioner on your form. For Harm Level 1, this could be an Elder, Community Health Leader, Shaman, Knowledge-Keeper, Traditional Healer, Medicine-Person, nurse, or doctor. For Harm Level 2, this could be a Traditional Healer, Medicine-Person or doctor.

Please see the Individual Claim Form or Representative Claim Form for more information.

You can only submit the Claim Form once. If you need help making changes to your Claim Form, contact the Administrator at 1-833-252-4220. If you need help with your claim for Specified Injuries Compensation, contact Class Counsel at 1-833-265-7589.

If your Claim Form is incomplete or does not contain all the required information, you will be contacted and asked to provide the missing details. This may delay the processing of your claim.

No, please use one Claim Form for all Specified Injuries you are applying for. Submitting multiple Claim Forms will delay the processing of your claim.

Please fill out the Claim Form to the best of your ability. You will need to include the name and type of health practitioner who you tried to get treatment from or who provided treatment for your injuries. This can include Traditional Healers, First Nation Elders, Community Health Leaders, Knowledge Keepers or health care professionals.

You must also complete a Sworn Declaration as part of your Specified Injuries Claim.

Please see the Claim Form for more information as there are different requirements depending on the Harm Level you are claiming.

You only need to include the name and type of practitioner who attended to your injuries. They do not need to still be working in your community. If you can’t remember the name of the health practitioner you saw, you can still put their role and where you saw them (for example, nurse at Neskantaga Nursing Station).

For certain types of Specified Injury Claims, you may be asked by the Administrator to provide additional documentation.

Please see the Claim Form for more information.

Level 1 is for serious harm that impacted you for more than one month but less than one year, and where you tried to get treatment for your health problems from someone, such as an Elder, Community Health Leader, Shaman, Knowledge-Keeper, Traditional Healer, Medicine-Person, nurse, or doctor.

Level 2 is for serious harm that impacted you for more than one year, and where you actually received treatment for your health problems from a Traditional Healer, a Medicine-Person, or a doctor.

Please see the Claim Form  for more information.

If your injury is not on the Specified Injuries list, you may still be able to submit a claim. Please contact Class Counsel for more information at 1-833-265-7589.

The settlement has a Specified Injuries Fund of $50 million. The compensation amount for each eligible individual will depend on how many eligible claims are made.

If you are eligible, your compensation will be based on the total number of eligible claims, the type of harm you suffered, and the level of that harm.

This amount will not be known until all claims are received and reviewed.

Please see the Notice Documents for more details.

Every individual who is determined as eligible will receive compensation.

Please see the Notice Documents for more details.

Representation Claims Process and Compensation Estate Claims

The documentation required depends on the scenario.

If the person who passed away has assets and/or possessions (Estate) and you are the Estate Executor with legal authority, and are appointed to represent the Deceased Individual Class Member, you need to provide:

  • Copy of your government-issued identification (ID)
  • Documentation showing the date of death (for example, death certificate)
  • Documentation appointing you the Estate Executor, such as a will
  • Copy of government-issued ID for the Deceased Individual Class Member

If the person passed away and no one was appointed to represent their Estate, and you are the highest priority living heir, you need to provide:

  • Copy of your government-issued ID
  • Confirmation that you are the highest priority living heir (for example: spouse, children, siblings, etc.)
  • Copy of evidence of relationship to the Deceased Individual Class Member (for example, marriage certificate, birth certificate, etc.)
  • Copy of government-issued ID for the Deceased Individual Class Member

It is important to review Part 8 and Part 9 of the Representative Claim Form in detail to understand which situation applies to you and avoid delays in processing your claim. If you are not sure, please contact the Administrator at 1-833-252-4220 for assistance.

If the person died on or after November 20, 2017, a Representative Claim Form may be filed on their behalf. The Representative Claim Form must be completed by the Estate Executor, Trustee, Administrator or Liquidator of the deceased individual.

If there is no Executor/Trustee/Administrator/Liquidator, then a family member of the Individual Class Member may file a claim on their behalf. This family member must be the highest priority living heir.

Additional information on how to file a Claim on behalf of a deceased individual is available in Part 8 and 9 of the Representative Claim Form.

Please notify the Administrator at 1-833-252-4220. The Administrator will require additional information for the Estate Executor/highest priority living heir to continue the claim. This information may include: estate documentation; death certificate; evidence of relationship to the deceased individual; and/or copy of government-issued identification (ID).

Yes, the settlement also includes compensation for Minor Children.

The definition of a Minor Child varies by the province or territory of residence. In most cases, it means someone under the age of 18 years. If you are making a claim on behalf of a Minor Child, you are considered the Minor Child’s “personal representative.”

You can apply for a Minor Child who has been impacted by long term drinking water advisories by completing the Representative Claim Form.

To be an eligible personal representative for a Minor Child, you must be one of the following:

  • the parent, with whom the Minor Child resides
  • not the parent, but have custody of the Minor Child
  • not the parent, but have legal guardianship over the Minor Child’s property

Please see Part 7 of the Representative Claim Form  for more details on how to apply.

If you have any questions, please contact the Administrator at 1-833-252-4220.

You will need to provide document(s) that show you’re eligible to be the Minor Child’s personal representative. This may include: a copy of the Birth Certificate; or legal documentation of guardianship (for example, custody or adoption records, or documents showing that you are the guardian over the Minor Child’s property).

Review the Representative Claim Form Part 7 for instructions on how to apply for a Minor Child.

Only one claim is allowed per Minor Child. If there are multiple claims by different people, additional information and documentation will be required from each of the personal representatives submitting a claim for the Minor Child to demonstrate their right to act as the personal representative (see Part 7 of the Representative Claim Form). By making an application on behalf of a Minor Child, you are consenting to our sharing your name and contact information with other claimants for the same Minor Child, if any. If there is a change in representation of the Minor Child before payment is made, please notify the Administrator toll-free at  1-833-252-4220.

Minor Children will not receive funds directly. If the Minor Child is eligible for the settlement, payment will be made to the Minor’s eligible personal representative on the Minor Child’s behalf unless the rules require something different, such as paying it into trust.

If you are a personal representative for a person who is mentally incapable (person under disability), you can file a Representative Claim Form to apply for compensation for that person.

A person under disability is defined as someone who is unable to manage or make reasonable judgments or decisions about their affairs because of mental incapacity. This person must also have been appointed a personal representative according to the applicable provincial or federal legislation to manage their property/finances.

You need to have been legally appointed as their personal representative to make a claim on their behalf.

Review the Representative Claim Form  for instructions on how to apply for a person under disability.

You will need to provide document(s) that shows you have been legally appointed as their personal representative over their property/finances. This must be one of the following: a signed power of attorney; a protection mandate; or a Provincial or Territorial court appointment order.

If more than one person files a Representative Claim Form for a person under disability, additional information and/or documentation may be required to determine the personal representative of the individual in question.

Band Council Acceptance Resolution 

Impacted First Nations have until March 7, 2023 to confirm their acceptance by submitting a Band Council Acceptance Resolution.

For a copy of the Band Council Acceptance Resolution form, and if you have any questions, contact the Administrator toll-free at  1-833-252-4220.

Impacted First Nations must submit a Band Council Acceptance Resolution to the Administrator by March 7, 2023. Leadership may request a template of the Band Council Acceptance Resolution from either the Administrator or Class Counsel.

If you have questions about the Band Council Acceptance Resolution, please contact Class Counsel toll-free at 1-833-265-7589 or the Administrator toll-free at  1-833-252-4220.

In addition to the Band Council Acceptance Resolution, First Nations have the option to provide the Administrator with a list (Band Council Confirmation List) of band members (eligible individuals) who were subject to a drinking water advisory that lasted at least one year between November 20, 1995 and June 20, 2021. The list will include:

  • Band Membership Number OR Indian Status Card Number
  • Full name of resident (required)
  • Periods ordinarily resident on First Nation Reserve (required)
  • Last known address
  • Date of birth (required)
  • Other contact information (if available)
The Administrator can provide information on the claims process or the Band Council Acceptance Resolution, plus arrange for funding to help you develop your Band Council Confirmation List. You can contact the Administrator at 1-833-252-4220.

You can receive personalized support from Class Counsel. This can be arranged by calling toll-free at 1-833-265-7589 or emailing counsel@firstnationsdrinkingwater.ca.

A nation-wide effort is underway to advertise and distribute educational materials to Impacted First Nations and individuals to ensure they are aware of the settlement and their opportunity to submit a claim. There are also resources available to help you promote the settlement in your community.

Resources are available on the website, firstnationsdrinkingwater.ca, for downloading.

If you have any questions or require printed resources mailed to your community, please contact the Administrator at 1-833-252-4220.

Band Council Confirmation List (BCCL) Support Funding

General

Submitting the Band Council Confirmation list is optional. You can have your community members submit their Claim Forms individually. You will still receive all related payments by the terms of the Settlement Agreement.

Yes, funding is available to support Impacted First Nations in completing their Band Council Confirmation Lists (BCCLs).

The funds are intended to support a resource whose role will be to compile the Band Council Confirmation List.

The funding amounts vary between First Nations based on the nature and length of the Drinking Water Advisory, and the location and population of the Impacted First Nations. The Administrator will confirm the amount of funding, once requested. If the funding amount is insufficient to prepare the list, Nations may be able to receive additional funding.

In addition to the BCCL funding, resources will be available to help Impacted First Nations compile their BCCL, including an instructional webinar and information on the website, firstnationsdrinkingwater.ca.

The funds come out of the budget for the administration of the settlement and will not affect the funds going to individuals and Impacted First Nations.

Impacted First Nations may choose to enlist the help of their Tribal Council to support the recruiting, hiring, monitoring and paying for these positions. Alternatively, the Band Council may choose not to complete a Band Council Confirmation List and encourage community members to complete Individual Claim Forms.

Eligibility

Each Impacted First Nation will need to request funding from the Administrator in writing and clearly indicate that funds are to be used for the preparation of the BCCL.

For more information about the Band Council Confirmation List funding, please contact the Administrator toll-free at 1-833-252-4220.

No, the funding must be requested by a person designated by the Impacted First Nation’s Band Council (for example, an employee).

No, the purpose of this funding is to help Impacted First Nations with the preparation of the Band Council Confirmation List.

NOTE: Impacted First Nations are not required to provide any receipts or documentation of any kind to indicate how the funding was spent.

Process

The Administrator must receive Band Council Confirmation Lists by March 7, 2023. The timing of when the funding for BCCL preparation is requested and/or received by the Administrator does not impact this deadline.

To receive the funding, Impacted First Nations must provide a written (letter, email, fax) request to the Administrator. No prescribed format is required. However, the Impacted First Nation must indicate that funding is required for the preparation of the Band Council Confirmation list and must provide the Name of the First Nation, the name of the designated representative to receive the funding (“Addressee”), and a mailing address for the cheque payment.

Choose one of the following three ways to submit the Impacted First Nation Funding request:

By email at firstnationswater@deloitte.ca

By fax at 647-738-5206

By mail at
PO Box 160
Stn Adelaide,
Toronto ON
M5C 2J2

The Administrator will provide funding support upon request to each Impacted First Nation. If the funding amount is insufficient to prepare the list, Nations may be able to receive additional funding. An additional written request must be submitted to the Administrator.

No, each Impacted First Nation will receive different amounts calculated based on the nature and length of the Drinking Water Advisory and the location and population of the Impacted First Nation.

The funds will be distributed to the Impacted First Nation by cheque through registered mail to the address provided to the Administrator. It will take about ten business days for the requests for funding to be processed before sending the cheque by mail. 

This is up to the Impacted First Nation, who may choose to identify, recruit and train representatives to streamline the process for their community members.

You can contact the Administrator by email at firstnationswater@deloitte.ca if you would like assistance with the process.

Compensation – Band Council 

First Nations will be paid the $500,000 base payment after confirmation that the Band Council Acceptance Resolution has been submitted to and reviewed by the Administrator. Additional payments for First Nations damages, equal to 50% of the amounts paid to eligible individuals who resided on the respective First Nation during a long-term drinking water advisory, will be made after the claims deadline, March 7, 2023. Payments are expected to begin in late 2023.

Please see the Notice Documents for more details.

No, First Nations will not receive an amount related to the Specified Injuries claims.

Please see the Notice Documents for more details.

These payments will be made after the claims deadline, March 7, 2023. Payments are expected to begin in late 2023.

Compensation – Individual 

Eligible individuals may receive a payment for each year and a portion of each year, that they ordinarily resided on an Impacted First Nation community lands while subject to a long-term drinking water advisory that lasted at least one year between November 20, 1995 and June 20, 2021. Eligible individuals must have resided on the Impacted First Nation during that time, with the exception of those under the age of 18 who left their community to attend school.

Compensation for eligible individuals will be based on how many individuals make a claim, depending on the type of advisory and the remoteness of the First Nation community. Compensation amounts will not be known until after the end of the claims period.

IMPORTANT – due to legislative limitations, individuals who were born before November 20, 1995 are only eligible for compensation going back to November 20, 2013. This limitation is in place because Canadian laws place limits on the duration adults have to bring a lawsuit after an event happens. There are exceptions in place for those who may have been incapable of bringing their claim forward before 2013 because of their physical, mental or psychological condition. If you are unsure how this limitation applies to you, please contact Class Counsel for more information.

You may be eligible for compensation even if your First Nation or a First Nation on which you lived, does not submit a Band Council Acceptance Resolution in the Class Action Settlement.

  • Scenario 1: John lived in a remote First Nation community all his life. There was an advisory between May 15, 2019 to May 15, 2020. He can expect to receive $2,000 because he experienced a “boiled water advisory” for one year.
  • Scenario 2: John’s 17-year-old daughter Tina lived with him in their remote First Nation community all her life but went away to school in September of 2019. Even though Tina did not live there for the entire year of the “boil water advisory”, she can expect to receive about $2,000 as she is under 18 and attended school away from her community.
  • Scenario 3: Theresa lives in a non-remote First Nation impacted by a “do not consume” advisory from May 14, 2014 to June 20, 2021, seven (7) whole years. She lived in the community the entire time. Since “do not consume advisories” for non-remote communities are compensated at $1,650 per year, Theresa can expect to receive about $11,550 (7 years x $1,650).
  • Scenario 4: Jim, lived in a non-remote First Nation community impacted by a “boil water advisory” from January 1, 2010 to November 21, 2019, nine (9) whole years. Jim lived in the non-remote First Nation all his life. Since the “boil water advisories” for non-remote communities are compensated at $1,300 per year and Jim was born in 1962, he is eligible from November 20, 2013 to November 21, 2019, or 6 years. Jim can expect to receive about $7,800 (6 years x $1,300).

Compensation is subject to eligibility and may vary depending on the total eligible claimant population and compensation payable.

Yes, if you are on your Band Council’s Band Council Confirmation List (BCCL), then you will receive the eligibility decision and payment (if eligible) without having to submit an Individual Claim Form. The Administrator’s decision on your claim will be based on the information provided by the Band (for example, years lived on Reserve). However, if you are claiming Specified Injuries compensation, then you must submit an Individual Claim Form. Your Band cannot claim for Specified Injuries compensation on your behalf.

Please note that the BCCL is optional and may not be complete, so you may want to check with your Band Council to confirm the information they have submitted.

If you are seeking compensation for Specified Injuries, you must submit an Individual or Representative Claim Form.

Claim Forms will take priority over information submitted in a Band Council Confirmation List.

Payment schedules have been pre-determined by the settlement.

The Administrator can only issue payments to Individual Class Members and First Nation Class Members in accordance with the terms set in the settlement.

If you have additional questions about the claims process, please contact the Administrator toll-free at 1-833-252-4220.

If you have questions about the terms of the settlement, please contact Class Counsel toll-free at 1-833-265-7589 or by email at counsel@firstnationsdrinkingwater.ca.

The claims process is now open. You have until March 7, 2023 to submit your Claim Form.

In some cases, the Administrator will need to clarify which reserve you lived on to determine your eligibility for compensation under this settlement. Please respond to the Administrator as soon as possible to avoid processing delays for your claim.

Individuals can submit a Claim Form until March 7, 2023. Payments will be assessed and issued to eligible individuals after the end of the claims period. Individual compensation payments will begin in late 2023.

Please see the Notice Documents for more details.

No, compensation paid through the claims process of this settlement is not intended to be considered income for tax purposes.

Canada committed to making its best efforts to ensure that compensation received under this settlement will not impact any social benefits or assistance that Class Members would otherwise receive, both from Canada and the Provinces.

Help and Supports 

If you or someone you know needs mental health or wellness support, or crisis counselling, contact Hope for Wellness Help Line at www.hopeforwellness.ca or call toll free at 1-855-242-3310.

This help line is open 24 hours a day, 7 days a week, and counselling is available in English, French, Cree, Ojibway and Inuktitut, upon request.

If you have legal questions about the settlement, please contact Class Counsel toll-free at 1-833-265-7589 or by email at counsel@firstnationsdrinkingwater.ca.

If you need information about the claims process or help to complete the Claim Form, please call the Administrator toll-free at 1-833-252-4220.