Frequently Asked Questions

Home » Help & Support » FAQs

About the Settlement 

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. ​​

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

No. The courts approved Class Counsel’s fees which will be paid by Canada, there is no cost to you. Canada is paying legal fees completely separately from the funds going to Class Members. These funds have been negotiated separately and after the negotiation of the settlement so as to not impact the total compensation for Class Members.

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.  

 

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.

Claim Forms will take precedence over information submitted by Band Council.

Eligibility 

You may be eligible if you are:

  • A member of a First Nation; and
  • Born before November 20, 1995, lived on an Impacted First Nation (Link to Claims Assessment Tool) for over a year during a drinking water advisory that lasted for a year or longer, anytime between November 20, 2013, and June 20, 2021; or
  • Born on or after November 20, 1995, lived on an Impacted First Nation for over a year during a drinking water advisory that lasted for a year or longer between November 20, 1995, and June 20, 2021.

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 of 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 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 participate in the settlement.

There are a number of Impacted First Nations eligible for this Settlement and known to have been subject to a drinking water advisory that lasted at least one year between November 20, 1995, and June 20, 2021.  

Impacted First Nations must accept The Settlement by submitting a Band Council Acceptance Resolution to the Administrator at firstnationswater@deloitte.ca or by mail at PO Box 160 Station Adelaide, Toronto, ON M5C 2J2. 

Impacted First Nations must accept the Settlement by December 2, 2022. 

The Settlement excludes an individual who is a member of any of the following First Nations, which are bringing their claims in a different way:

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

Yes, you can apply for compensation even if your community has decided not to participate. Please submit an Individual Claim Form.

The settlement excludes an Individual who is a member of any of the following First Nations, which are bringing their claims in a different way:

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

If you do not have any government-issued identification, 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 Claim 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 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)

Specified Injuries 

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 life 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.

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. 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 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.

Representation Claims Process and Compensation Estate Claims

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 Claim Member.

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 Claim Member and/or copy of government issued ID for the Estate Claimant/family member to continue the claim.

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.

Band Council Acceptance Resolution 

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)

The Administrator can provide information on the claims process or the Band Council Resolution. You can contact the Administrator at 1-833-252-4220

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

In addition to nation-wide communications and advertising to ensure Impacted First Nations and individuals are aware of the settlement and their opportunity to submit a claim, there are resources available to help you promote the settlement in your community.

There are links to community toolkits available on this website. If you have any questions or require additional information, please contact the Administrator at 1-833-252-4220.

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

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.

Funding amounts are calculated based on the nature and length of the long-term drinking water advisory and the location and population of the Impacted First Nation.

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.

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 (e.g. 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. 

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 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.

Compensation – Individual 

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. Eligible individuals must have resided on the Impacted First Nation 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 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 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 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.

The settlement sets out the timing of all the payments. The Administrator will issue payments to Individual Class Members and First Nation Class Members in accordance with the terms of the settlement.  

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.

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.

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.