Frequently Asked Questions

The Federal Court of Canada and the Ontario Superior Court of Justice released orders allowing for the issuance a final payment of $4,000 to all Eligible Class Members who had received an interim payment of $21,000. The Administrator has begun the process of issuing payments and is committed to moving the process forward as quickly as possible.

New Eligible Class Members who have not received the interim payment, can expect to receive a total one-time payment of $25,000.

It is important to contact the Administrator if your contact or banking information has changed.
Sixties Scoop Class Action Administrator
200-2170, René Lévesque Boulevard West, Suite 200
Montreal, Quebec H3H 2T8
Phone: 1-844-287-4270
Fax number: 1-514-287-1617
Email: SIXTIESSCOOP@COLLECTIVA.CA

• All Eligible Class Members who received the interim payment of $21,000 will receive a final payment of $4,000.
• As new Eligible Class Members are approved by the Administrator, they will receive a one-time payment of $25,000.

• A $4,000 final payment will be made to those who received the interim payment of $21,000.

• A one-time payment of $25,000 will be made to new Eligible Class Members who have not received the interim payment.

The Administrator has begun the process of issuing payments and is committed to moving the process forward as quickly as possible.

According to the Settlement Agreement, if between 20,000 and 30,000 Eligible Class Members are approved by the Administrator, each Eligible Class Member will receive $25,000 total. The total number of Eligible Class Members now exceeds 20,000.

The Administrator continues to actively process and approve applications. If you haven’t heard from us since we confirmed receipt of your application (meaning you haven’t received any letters or notices), that just means we are still doing the work needed to assess your application. You will hear from us as soon as we have an update for you. It is very important that all Class Members review their application contact information and contact the Administrator to provide any address or banking updates.

Yes. If you are determined to be an Eligible Class Member, you will receive a one-time payment of $25,000.

The Administrator is continuing to actively review, assess, and approve applications. Any newly approved Eligible Class Members will be notified, and interim payments will be issued.

The total number of claims received by the late claim application deadline of December 2019 is: 34,785

Please refer to the Claim Stats Table for the latest information and application numbers that have been received and in process.

No. The deadline for brand new applications expired in December 2019.

The Administrator will provide an update on final number of approved applications after all claims have been assessed. Please refer to the Claim Stats Table for the latest information and application numbers that have been received and in process.

If you haven’t heard from us since we confirmed receipt of your application (meaning you haven’t received any letters or notices), this means we are still doing the work needed to assess your application. You will hear from us as soon as we have an update for you.  There is nothing more you need to do right now.  We are very grateful for your patience.

This is not a rejection letter. It simply means that we need more information in order to assess whether your application can be approved.  Here is the list of reasons why we would assess an application as needing more information, in order to approve it:

• We were unable to confirm that you are a Registered Indian (as defined by the Indian Act), entitled to be a Registered Indian or Inuit;
• We were unable to confirm that you were placed in the care of non-Indigenous adoptive or non-Indigenous foster parents;
• We were unable to confirm that you were removed from your home between January 1, 1951 and December 31, 1991;
• We were unable to confirm that you were removed from a home in Canada;
• Unable to confirm that you were placed in long-term care with non-Indigenous parents within the meaning of the Settlement Agreement. (If this reason is selected, please send us more information on the length of time and location of your placement).
• The person you applied for died before February 20, 2009;
• Unable to confirm that you were adopted or made a Permanent or Crown Ward.
• Your application is missing information needed to process it. (If this is the reason, we’ve sent you a letter with your Individual Payment Application Form with the missing information highlighted in yellow).

If you received this letter and it was dated in February or March of 2020, the deadline to get additional information to the Administrator was suspended. As of March 2021, all claims processes are now resumed. The Administrator will be contacting you directly in writing to let you know your new deadline and what actions you need to take by that date.

Our strong recommendation is to connect with Class Counsel who can provide you with legal advice that may help support your application’s approval.

Please know that access to these legal services is your right and is already paid for under the settlement. There will be no additional cost to you. You can find contact information below under “Resources and Support.”

If you receive a “Reminder Letter (Action Required)” notice, it means that the deadline date for you to provide more information for your claim has passed. This letter is an urgent reminder that your application is missing information and is at risk of being rejected.

Our strong recommendation is to connect with Class Counsel immediately. They can provide you with legal advice that may help support your application’s approval. If you do nothing after receiving the Reminder Letter or do not respond to the letter within 30 days of the date on the letter, your application will be rejected.

You have the right to ask for reconsideration of their application by the Reconsideration Officer within 30 days of the date of their “official rejection” notice. They can do this by submitting a “request for reconsideration form.”

If you received an “official rejection” notice and it was dated in February or March of 2020, the deadline to request an appeal was suspended. As of March 2021, all claims processes are now resumed and the Administrator will contact you directly in writing to let you know your new deadline and what actions you need to take by that date.

Our strong recommendation is to connect with Class Counsel before your deadline. They can provide you with legal advice that may help support your application’s approval. Please note your new deadline and get in touch with Class Counsel before it passes. Remember, once this deadline passes, there is no further recourse within this claims process to help your application’s approval.

Please know that access to these legal services is your right and is already paid for under the settlement. There will be no additional cost to you. You can find contact information below under “Resources and Support.”

If you received this letter, unfortunately there is no other action you can take to get approved in the settlement. Making a claim was a very big step in this long and difficult journey. For emotional support, please visit our “Contact Us” page to find the Hope for Wellness hotline.

The Court has appointed Honourable William John Vancise as the Reconsideration Officer. When someone requests a reconsideration of their application after receiving an “official rejection” notice, it is the Reconsideration Officer’s job to review that request and make a final decision. In some cases, he will seek the guidance of the Exceptions Committee. The Reconsideration Officer is appointed by the court.

The job of the Exceptions Committee is to help consider and decide questions about eligibility that may impact some Class Members. They receive regular reports from the Administrator, help resolve any disagreements between the different parties in the Settlement, and also provide direction to the Administrator on certain issues. You can read some of the directions provided to the Administrator on the “Official Documents” section of this website.

The members of the Exceptions Committee include:

• Designate of the Federal Court – The Honourable Robert A. Blair – retired Judge from the Court of Appeal for Ontario
• Representative of Class Counsel – E. F. Anthony Merchant Q.C. – The Merchant Law Group
• Representative of Canada – Catharine Moore – Senior General Counsel – Department of Justice Canada
• Indigenous representative – Kenn Richard – Former Executive Director at Native Child and Family Services of Toronto

All requests for reconsideration submitted within the 30-day deadline from the date official rejection letters were received will be considered. The reconsideration requests are in queue for review by the new Reconsideration Officer and the Exceptions Committee. While there may be some minor delays in the review process due to this transition, please rest assured that your submission remains under consideration, and you will be notified of the outcome of the review in due course.

Funds from an estate claim need to be deposited into an “Estate Account” by the estate’s executor or administrator. We strongly encourage individuals acting on behalf of a loved one to connect directly with their financial institution to set up an Estate Account if one does not already exist. Banks require a complete legal document, naming you as the executor or administrator of an estate before they can set up an account. Steps may include presenting the financial institution with a valid ID, your loved one’s death certificate, or a complete will that names you as the estate administrator or executor.

If your loved one did not live on reserve, you have two options:

1. Contact Class Counsel in your region to help you. They cannot perform the legal estate services themselves, but they will refer you to a law firm that specializes in estate planning to get this in place for you. Please note the services provided by Class Counsel are at no extra cost to you, but the services by an estate law firm will be an additional cost to you since this service is separate from the claims process.
2. Refer to the Contact List of Provincial Law Societies to get the contact information for your regional legal aid service provider. They can also refer you to an estate planning law firm to help you establish an executor for your loved one’s estate.

If your loved one lived on reserve at the time of their death:
You can reach out to Indigenous Services Canada who can appoint an executor and support you through other necessary processes. Please email Estate Services for support at aadnc.estates-successions.aandc@canada.ca.

Class Counsel’s role is to support you through the claims process specifically. Unfortunately, they are not able to provide legal services to support estate administration.
They can, however, refer you to the right place to get the job done. If you are in this position, please contact Class Counsel in your appropriate region and they will assist you with this by referring you to a law firm that specializes in estate planning.

If you received the Supplementary Claim Form, it means that the Administrator needs more information to continue processing your application. The Administrator has asked only the applicants who have received this letter to complete the Supplemental Claim Form.

If you have not received a Request for Additional Information Letter with the Supplemental Claim Form, no action is required.

If you have any questions, please contact Class Counsel, the legal teams paid to support applicants through the claims process, to help you complete your Supplemental Claim Form.

Don’t worry, you can get another copy. The Administrator has created an email address specifically for Supplemental Claim Form related needs and questions. Please email scf-sixtiesscoop@collectiva.ca to request another copy of the form.

Your safety is important to us. We have created this guide below on how to safely get your form signed.

The Federal Court of Canada and the Ontario Superior Court of Justice have released orders allowing for the issuance a final payment of $4,000 to all Eligible Class Members who have received an interim payment of $21,000. The Administrator can now begin the process of issuing payments and is committed to moving the process forward as quickly as possible.

New Eligible Class Members who have not received the interim payment, can expect to receive a total one-time payment of $25,000.

Please visit the Claims Statistics table for a complete breakdown on the status of submitted claims.

According to the Settlement Agreement, if between 20,000 and 30,000 Eligible Class Members are approved by the Administrator, each Eligible Class Member will receive $25,000 total compensation.

No. We have been advised by the CRA that these payments are not considered “income” and therefore are not taxable under the “income tax act.” Please see this letter for more information.

We expect that a number of benefit programs will not count these payments as “income” that would affect your benefits. However, we do strongly recommend reaching out to your benefits program directly to confirm this. It may help to share this letter from the CRA that explains their assessment of these payments as not taxable income. If you have any questions or concerns about this, please contact Class Counsel.

The Administrator has confirmed that the number of Eligible Class Members now exceeds 20,000.

According to the Settlement Agreement, if between 20,000 and 30,000 Eligible Class Members are approved by the Administrator, each Eligible Class Member will receive $25,000 total compensation.

As stipulated by an Order of the Court regarding payment, where more than 20,000 claimants are determined to be Eligible Class Members, the Parties must return to Court to seek an Order regarding the second and final payment to Eligible Class Members.

Counsel is in the process of requesting Court approval to issue a final payment of $4,000 to all Eligible Class Members who have received an interim payment of $21,000.

New Eligible Class Members who are approved by the Administrator, and who have not received the interim payment, can expect to receive a total one-time payment of $25,000.

Yes. There are enough funds available to cover all outstanding claims.

You will get your payment by cheque unless you have made arrangements with the Administrator to receive it by direct deposit.  If you have already requested payment by direct deposit, we strongly suggest that you give us a call to ensure we have all the right information.

Please let us know if you are in this situation. We will issue the interim payment to your loved one’s estate executor.

Please forward by email, fax or mail to Collectiva a direct deposit form, which you should be able to get from your bank or from your online banking account. Our call center cannot take the information for your direct deposit by telephone given the confidential nature of the information.

Please send your form to:

Email:
sixtiesscoop@collectiva.ca

Fax:
514.287.1617

Mail:
Sixties Scoop Settlement
2170 René Lévesque boulevard West, suite 200
Montreal QC H3H 2T8

NOTE: It is very important that the information on your direct deposit form matches the information you entered on your individual payment application meaning:

• The name on your direct deposit form should be identical to the name on your application
• The address on your direct deposit form should be identical to the address on your application (if you have updated your address with our office since submitting your application, the address on the form should show your new address).

To avoid any issues with your direct deposit, please note:

• A direct deposit can be made to a joint account as long as one of the names on the joint account matches and is identical to the name that Collectiva has on record for that application file.
• We cannot issue a direct deposit to an account that is for an estate.
• All banking information should be complete, containing your institution number, transit number, and bank account number.
• A direct deposit form sent be fax or by email as an image must be clear to read. We won’t be able to process blurry forms.

Federally regulated financial institutions are able to place a hold on a cheque for four to eight days; this is a common practice for large sums.

Collectiva has actively communicated with various financial institutions to help alleviate holds. For our bank, Scotiabank, we have been able to work with them directly to certify cheques they receive from Class Members, generally within 24 hours.

For other banks that get in touch with us for specific individuals, we confirm that Collectiva has issued the cheque. It is at the discretion of the bank to continue the hold even after we have confirmed it.

Sending certified cheques for class action cases is not common industry practice. The reason for this is because if the cheque needs to be cancelled or altered in any way, that cannot be done and thus, the cheque can be treated as cash.

According to the Financial Consumer Agency of Canada financial institution might hold the funds you deposit by cheque for several reasons, including:

• to make sure that the cheque is drawn on a valid account and that the person or company issuing the cheque has the money to cover it
• to make sure that the person or company issuing the cheque has not put a stop payment order on the cheque. (A stop payment order is placed on a cheque if, for some reason, the person or company issuing the cheque does not want it to be cashed.)

The process for a cheque to clear and be returned for non-sufficient funds normally takes about four or five days, provided the cheque writer’s financial institution is located in Canada.

The amount of time it takes for a cheque to clear will depend on:

• the amount of the cheque
• whether it is deposited in person with an employee at one of a financial institution’s branches or points of service, or in another manner, such as at an automated banking machine
• whether the cheque is drawn on a bank in Canada or outside Canada

Contact your financial institution for details on your account and deposit details.

When you open an account, your financial institution must give you a written copy of their policy on holding funds that are deposited by cheque. In addition, the financial institutions must also, in each of their branches, display and make available copies of their policy on holding funds deposited by cheque.

The financial institution’s policy on holding funds deposited by cheque may be included in your account agreement or given to you as a separate document. The financial institution may provide this information to you electronically if you consent to receive required information in electronic format rather than as paper documents. You can also request a written copy of the policy at any time.

The financial institution’s policy must contain the following information:

• the maximum amount of time it may hold funds for a cheque that is issued in Canadian dollars and drawn on an account at a financial institution’s branch in Canada
• the maximum amount of time it may hold the funds deposited from a cheque that is not governed by access to funds legislation

Whether a hold will apply to your account(s) is not stated in this policy; the institution makes that decision when you deposit your cheque.

If you have an account at a deposit-taking institution that is not federally regulated, such as a credit union or caisse populaire, ask the financial institution about its policy on holding funds deposited by cheque.

From time to time, the financial institution may make changes to its policy on holding funds deposited by cheque. If the financial institution makes changes to this policy that result in a longer cheque hold period, it must let you know what these changes are before they apply to your account.

If you receive a regular statement in the mail, your bank must send you (or the person you choose to receive this information) a written notice explaining any change in its hold on funds deposited by cheque policy at least 30 days before the change is applied to your account.

If you carry a passbook, which you present to the financial institution when you make your transaction, your financial institution must display a notice explaining the change in its policy on holding funds deposited by cheque for at least 60 days before this change applies to your account.

Contact your financial institution for details on your account and deposit details.

If the financial institution refuses to honour the maximum cheque hold periods or does not provide you with the first $100 of funds you deposit by cheque because of any of the exceptions noted above, the financial institution must give you a written notice of its refusal. If you do not receive it, ask for it. The bank must also tell you how to contact the Financial Consumer Agency of Canada (FCAC).

Tell the bank you want to make a complaint. By law, all banks must have a complaint-handling process. If you feel that a federally regulated financial institution is not respecting your rights, contact the Financial Consumer Agency of Canada toll-free at 1-866-461-3222. If you feel that a federally regulated financial institution is not respecting your rights, contact the Financial Consumer Agency of Canada. Contact your financial institution to find out about its policy on holding funds and the maximum amount of time it may hold the funds you deposit by cheque drawn on a foreign bank or financial institution.

Here’s is the exact wording in the Settlement Agreement describing the group of people who are Eligible Class Members in this specific Class Action (you can find that document here).

“The settlement includes people who:

• Are registered Indians (as defined in the Indian Act) and Inuit as well as people eligible to be registered Indians; and
• Were removed from their homes in Canada between January 1, 1951 and December 31, 1991 and placed in the care of non-Indigenous foster or adoptive parents”

By direction of the Exceptions Committee, the Claims Administrator can accept claims from Eligible Class Members who were placed in foster care for five or more cumulative years, provided that the other criteria for eligibility are also met. This means that if you were in care for a total of five or more years (even if those years were spread out over time), you can be considered eligible.

Yes. The Exceptions Committee has directed that the Claims Administrator may determine a Class Member’s Indigenous status, or eligibility to status, as of the present, and need not investigate whether the class member had status, or was entitled to status, as of the date of their removal.

The answer to this question will likely be different for each person. Here is the list of reasons why we would assess an application as needing more information, in order to approve it:

• We were unable to confirm that you are a Registered Indian (as defined by the Indian Act), entitled to be a Registered Indian or Inuit;
• We were unable to confirm that you were placed in the care of non-Indigenous adoptive or non-Indigenous foster parents;
• We were unable to confirm that you were removed from your home between January 1, 1951 and December 31, 1991;
• We were unable to confirm that you were removed from a home in Canada;
• Unable to confirm that you were placed in long-term care with non-Indigenous parents within the meaning of the Settlement Agreement. (If this reason is selected, please send us more information on the length of time and location of your placement).
• The person you applied for died before February 20, 2009;
• Unable to confirm that you were adopted or made a Permanent or Crown Ward.
• Your application is missing information needed to process it. (If this is the reason, we’ve sent you a letter with your Individual Payment Application Form with the missing information highlighted in yellow).

Our strong recommendation is that you connect directly with Class Counsel to get their legal counsel and guidance about how best to update your application. Accessing these legal services is your right, and these services are already paid for under the Settlement Agreement. There will be no additional cost to you. You can find contact information for the legal teams responsible for supporting Applicants below, under “Support and Resources.”

Under the Settlement Agreement, you have the right to ask that your application be reconsidered by the Reconsideration Officer. It is our strong recommendation that you reach out to Class Counsel for their legal support. It’s important to note that the decisions made by the Reconsideration Officer are final.

Accessing legal services to help you with your application is your right, and these services are already paid for under the Settlement Agreement. There will be no additional cost to you.

Here’s the contact information of the legal teams responsible for supporting you:

British Columbia:
Klein Lawyers – 1-604-874-7171

Alberta:
Merchant Law Group – 1-306-653-7756

Saskatchewan:
Merchant Law Group – 1-306-653-7756

Manitoba:
Merchant Law Group – 1-306-653-7756

Quebec:
Merchant Law Group – 1-306-653-7756

Ontario:
Koskie Minsky – 1-855-595-2626 or Burrison Hudani Doris LLP (BHD) – 1-866-360-5952

Northwest Territories, Yukon, and all Atlantic Provinces:
Koskie Minsky – 1-855-595-2626

The Administrator can help answer questions about the status of your application. You can reach us toll-free at 1-844-287-4270 or by email: sixtiesscoop@collectiva.ca. We want you to know that, if you haven’t heard from us for a while, that just means we haven’t been able to do all the work we need to do to assess your application. But please know we are working on it and you will hear from us as soon as we have an update for you. There’s nothing more you need to do right now, except to keep us up to date with any changes to your address or phone number. We are very grateful for your patience.

Class Counsel can provide you with legal advice that may help support your application’s approval. Please know that access to these legal services is your right and is already paid for under the settlement. There will be no additional cost to you.

Class Counsel can provide you with legal advice that may help support your application’s approval. Please know that access to these legal services is your right and is already paid for under the settlement. There will be no additional cost to you.

If you or anyone you know is in crisis, please call the Hope for Wellness Helpline. These are trained counselors who specialize in Indigenous mental health, and they are there to support you 24 hours a day, 7 days a week.  The number is: 1-855-242-3310, or you can reach them online at www.hopeforwellness.ca.

The approved national settlement for Sixties Scoop survivors provides $50 million to establish the Sixties Scoop Foundation. This Foundation is fully independent of government and it is for everyone impacted by the Sixties Scoop, and primarily for survivors across the country. A new Survivor-led Board of Directors has now been officially launched. You can find more information about the Foundation here: www.sixtiesscoophealingfoundation.ca.

Between 1951 and 1991, First Nation and Inuit children were taken into care and placed with non-Indigenous parents where they were not raised in accordance with their cultural traditions nor taught their traditional languages. This dark chapter in Canada’s history is commonly referred to as the “Sixties Scoop.” The Class Action argues that those affected by the Sixties Scoop suffered significant harms as a result of these practices–specifically the loss of their cultural identity.

The National Settlement between the Government of Canada and plaintiffs representing the group of Sixties Scoop Survivors who constitute “Eligible Class Members” was approved in December 2018.

The original Class Action, which ultimately led to the National Settlement, was filed with the Ontario Superior Court. It was the Ontario Superior Court that found the Government of Canada liable for harms. Through settlement agreement discussions between the Ontario lead plaintiff and the Government of Canada, as well as with counsel representing Sixties Scoop Survivors across the country, it was determined that the definition of “Eligible Class Member” should be broadened to include those beyond what was defined in the Ontario case. The Federal Court presides over decisions that impact Class Members who are included in that broader group.

The Sixties Scoop Métis and Non-Status Indian Class Action is on behalf of Metis and Non-Status Indian individuals affected by the Sixties Scoop.

In July 2021, the Court issued a certification order for this class action. This means the Court has approved for a representative plaintiff to advance the Class Action on behalf of all the class members. The certification order does not affect the Sixties Scoop Settlement Agreement for registered Indians (as defined in the Indian Act) and Inuit.

For further information or if you are a class member, please contact Koskie Minsky LLP at 1-866-778-7986 or email them at metisnonstatus60sscoopclassaction@kmlaw.ca. You can also visit the Koskie Minksy website.