Frequently Asked Questions

Individuals are giving up their right to sue Canada for the claims resolved by the proposed 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. Individuals can still submit a claim even if their Band Council does not participate. 

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 
• $6 billion to support construction, upgrading, operation, and maintenance of water 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 of 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

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

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, please contact the Indigenous Services Canada’s regional office in your area: Regional offices (sac-isc.gc.ca).  

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.     

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.  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 Indigenous legal traditions.  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.  

• If you were born on or after November 20, 1995, the Settlement covers the period from November 20, 1995, and June 20, 2021.
• If you were born before November 20, 1995, you are eligible for compensation from November 20, 2013, to June 20, 2021.

There are exceptions in place for those who were incapable of commencing a proceeding in respect of 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.

There are certain legislative limitations that apply to the Settlement, because of Canadian laws that 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 in place for those who were incapable of commencing a proceeding in respect of 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. Specific documentation is required to confirm that the representative submitting a claim on behalf of the deceased Individual is eligible to do so. Please refer to the Representative Claim Form for additional details.

If you were under 18 when you lived on reserve and moved away from your community to attend school, that time will be treated as time spent living in the Impacted First Nations and included.

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 ID, for example, your Indian Status Card.

The Settlement applies only to First Nations members who lived on Impacted First Nations lands subject to a drinking water advisory that lasted at least one year between November 20, 1995, and June 20, 2021. This means that the individual must be a First Nations member to receive compensation under this Settlement. For more information, see Documents.

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 have the option to appeal. The appeal will be reviewed by a Third-Party Assessor whose determination will be final.

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

Individuals who do not agree with the Administrator’s decision for their Individual Claim have 60 days to submit an appeal. First Nations 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 Nations 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 damages.

A photocopy (front and back) of any one piece of your current government-issued identification (ID) (e.g., 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 by the Federal or Provincial/Territorial governments to you:

• 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 (e.g., Library Card) or other organization are not eligible Federal or Provincial/Territorial government-issued ID

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 Councilor

• 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)

In addition to the general compensation, individuals may apply for compensation related to injuries they may have experienced because of drinking water advisories that lasted at least one year between November 20, 1995, and June 20, 2021.

You may be eligible for additional compensation for Specified Injuries if you suffered significant and prolonged health problems that harmed your quality of like and disrupted your wellbeing and/or daily activities, and the health problems were 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 is not covered. Individuals applying for Specified Injuries must submit a Claim Form .

Specified Injuries associated with the following types of harm are included:

• Digestive (gastroenterological)
• Respiratory/Breathing
• Dermatological (skin)
• Liver
• Neurological (brain/nervous system)
• Bloodstream infections
• Kidney
• Tumors or Cancer
• Mental Health

Please see the Individual and Representative Claim Forms  for more information.

To apply for Specified Injuries Compensation, you must submit a Claim Form. You must submit a form even if you are included as part of a Band Council Confirmation list. Your Band Council cannot claim Specified Injuries compensation on your behalf.

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 provided treatment for your injuries. This can include Traditional Healers, Elders, Community Health Leaders, Knowledge Keepers or health care professionals. Please see the Individual or Representative Claim Forms for more information. You are not required to provide any additional information to make this claim.

As part of the Settlement, 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 and based on 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.

For more information, see Documents.

You will need to include the name and type of health practitioner you tried to get treatment from or provided treatment for your injuries. This can include Traditional Healers, First Nation Elders, Community Health Leaders, Knowledge Keepers or health care professionals. There will not be a preference of the type of care you received, however you will need to include the name and type of practitioner. Please see the Individual or Representative Claim Forms  for more information.

You can only submit the Claim Form once. If you need advice or support, contact the Administrator at 1-833-252-4220 or 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.

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. Please see the Individual 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. 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 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 you have suffered harm because of using treated or tap water in accordance with a long-term drinking water advisory and wish to claim for Specified Injuries compensation, you can fill out Part 4 of the Claim Form by indicating the Specified Injury suffered, level of harm and include the name of the person you saw for treatment. You do not have to provide backup to make a claim. If you choose, you can include things like medical records of the injury and its cause; other records, including written records, photographs, and videos, of the injury and its cause; a written statement; or oral testimony. You must, however, complete a Sworn Declaration.

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 Specified Injuries Fund is $50 million. The compensation amount eligible individuals receive 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. If the amount applied for by eligible individuals is more than the $50 million, the amount will be prorated by the number of total eligible claims.

For more information, see Documents. 

Every individual who is determined as eligible will receive payment. The Specified Injuries Fund is $50 million. The compensation amount eligible individuals receive 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.  If the amount applied for by eligible individuals is more than the $50 million, the amount will be prorated by the number of total claims.

For more information, see Documents.

The documentation required depends on the scenario.

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

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

If a person who has died does not have assets and/or possessions, 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
• Copy of evidence of relationship to the Deceased Individual Class Member
• Copy of government issued ID for the Deceased Individual Class Member.

If a loved one 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 an Estate Claim 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 such as estate documentation, death certificate, evidence of relationship to the deceased individual and/or copy of government issued ID for the Estate Claimant/family member to continue the claim.

Yes, you can apply for Specified Injuries as part of the Representative Claim, as long as you are the eligible representative for your loved one. Please see the Representative Claim Form for more information and the different types of representatives who can claim on behalf of others.

Yes, the Settlement also includes compensation for minor children.  A minor child is defined by the legislation of the province or territory of residence. In most cases, it means someone under the age of 18 years. If you’re making a claim on a minor child’s behalf, you are considered that minor child’s “personal representative”. Please see Part 7 of the Representative Claim Form  to learn more about how to apply for a Minor Child.

You can apply for an impacted Minor Child by completing the Representative Claim Form. A minor child is defined by the legislation of the province or territory of residence. In most cases, it means someone under the age of 18 years. If you’re making a claim on a minor child’s behalf, you are considered that minor child’s “personal representative”. 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 .

Review the  Representative Claim Form Part 7 for instructions on how to apply for a minor child. You will need to provide document(s) that show you’re eligible to be the minor child’s personal representative, such as a copy of the Birth Certificate, legal documentation of guardianship such as custody or adoption records, or documents showing you to be guardian over minor child’s property. Only one claim is allowed per minor child. If there are competing claims, 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 representation. Minor children will not receive funds directly. Payment will be made to the individual who is determined to be the eligible personal representative for the minor child.

As a personal representative for a 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 in respect of their affairs by reason of mental incapacity AND for whom a personal representative has been appointed pursuant to the applicable provincial or federal legislation to manage 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 property/finances. This must be either: a signed power of attorney or 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 eligible personal representative.

The Courts approved the Settlement on December 22, 2021. The claims process opened on March 7, 2022. You have received a Settlement Notice because your First Nation community is included in the list of Impacted First Nations.

Impacted First Nations  have until December 2, 2022, to confirm their acceptance by submitting a Band Council Acceptance Resolution. The Administrator will contact the Band Office to assist with this process. 

Impacted First Nations  must submit a Band Council Acceptance Resolution to the Administrator by December 2, 2022.

The Administrator will contact the Band Office to assist with this process.

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)

You can receive advice on the Settlement from Class Counsel at 1-833-265-7589 or email counsel@firstnationsdrinkingwater.ca.

First Nations will be paid the $500,000 base payment after confirmation of the Band Council Acceptance Resolution is 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 for Individual damages will be made after the claims deadline, March 7, 2023, and expected to begin in late 2023.

For more information, see Documents.

First Nations will receive an amount equal to 50% of the amounts paid to eligible individuals who resided on the respective First Nation during a long-term drinking water advisory (excluding Specified Injuries).

For more information, see Documents.

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

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

For more information, see Documents.

What is the compensation for individuals?

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 while subject to a long-term drinking water advisory that lasted at least one year between November 20, 1995, and June 20, 2021. Individuals must have resided on the Impacted First Nation for at least one year during that time.

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 that 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 because of their 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 participate. 

In some cases, individuals (including minor child and Deceased Individual Class Members) may be included in the information submitted by their Band Council as part of the Band Council Confirmation list. If this is the case, no further action is required, unless you also plan on claiming Specified Injuries compensation. However, the Band Council Confirmation list 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 Forms. Claim Forms will take precedence over information submitted by Band Council.

If you have additional questions about the claims process, please contact the Administrator at 1-833-252-4220.  If you have questions about the terms of the Settlement, please contact Class Counsel 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. 

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 mid-2023 or later. 

For more information, see Documents.

Open 24 hours a day, 7 days a week. Counselling is available in English, French, Cree, Ojibway and Inuktitut, on request.

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

The Administrator can provide information on the claims process and filling in the Claims Form. You can reach them at Administrator at 1-833-252-4220.