FAQs


Take your time reviewing the FAQs. If you do not find the answer to your question in the FAQs or the Notice Documents, please contact the Administrator.
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.
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.
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.
While the First Nations Drinking Water Settlement website is for compensation for Impacted First Nations and Individuals, there are resources where you can learn more about other commitments in the Settlement Agreement. There is a page on Indigenous Services Canada’s website and this one on investments in Indigenous community infrastructure.
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
Canada, as part of this process, may disclose information in its possession to any of the following groups: the Administrator, Class Counsel, the Third-Party Assessor, the Joint Committee, the Settlement Implementation Committee, and/or the First Nations Advisory Committee on Safe Drinking Water.
Privacy is important. The information you submit will be kept confidential except where we need to share it with others as part of this process.
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
- 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.
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.
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.
Yes, the settlement also includes First Nation Minor Children. The definition of a Minor Child can be different by province or territory of residence. In most cases, it means someone under the age of 18 years. Minor Children will not receive compensation directly. Payment for an eligible Minor Child will be made to the legal personal representative who submits the claim on behalf of the Minor Child, unless the law requires something different. If more than one personal representative files a claim for a Minor Child, additional information and/or documentation may be required to determine the appropriate representative. Please see the Representative Claim Form for additional details.
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.
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 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.
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.
- 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)
The settlement applies to First Nations individuals who lived on Impacted First Nations that were subject to a drinking water advisory that lasted at least one year between November 20, 1995 and June 20, 2021. See list of Impacted First Nations here: this list.
To be eligible for compensation under this settlement, you must be a member of a First Nation. You do not need to be a member of the First Nation you live(d) on. Please see the Notice Documents for more details.
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.
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:
- Digestive (gastroenterological)
- Respiratory/Breathing
- Dermatological (skin)
- Liver
- Neurological (brain/nervous system)
- Bloodstream infections
- Kidney
- Tumors or Cancer
- Mental Health
Please see the Individual Claim Form or Representative Claim Form for more information.
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.
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.
Please see the Individual Claim Form or Representative Claim Form for more information.
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.
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.
You may choose to support your claim with: medical records; written records, photographs, videos; a written statement; or oral testimony.
You must also complete a Sworn Declaration as part of your Specified Injuries Claim.
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.
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.
Please see the Notice Documents for more details.
Representation Claims Process and Compensation Estate Claims
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 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, you can apply for Specified Injuries as part of the Representative Claim, as long as you are the legal 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.
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.
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.
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.
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
First Nations Band Council need to complete a Band Council Acceptance Resolution to be included in the settlement and receive compensation.
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)
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.
Where do we get documents or other support materials to help our members understand this settlement?
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
Please see the Notice Documents for more details.
Please see the Notice Documents for more details.
The First Nation base payment ($500,000) and First Nations damages (equal to 50% of eligible resident individual damages compensation) will be paid directly to the eligible First Nation Band Council.
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.
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.
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.