1986-1990 HCV TRUST DECLARED
FINANCIALLY SUFFICIENT – May 2018
The Courts have declared that, as of December 31,
2016, the 1986-1990 HCV Trust has sufficient assets
to meet its long-term liabilities and has excess
capital of between $173.6 million and $187.5
million. The court orders/judgment that have
been issued by the three Courts are available here:
While the Courts held the 1986-1990 HCV Trust
has excess assets overall as at December 31, 2016,
the actuarial reviews projected a shortfall of about
$16.8 million in the HCV Late Claims Benefit
Account, which funds the benefits provided under the
recently created HCV Late Claims Benefit Plan
The Joint Committee intends
to request that the Courts allocate some of the 2016
excess capital to fund the deficit in the HCV Late
Claims Benefit Account. It also intends to request
that the Courts allocate some of the remaining 2016
excess capital to fund additional benefits for class
members and late claims class members. Work on the
expert evidence and the motion materials required to
support these additional allocation requests is
The federal government may oppose
these requests to allocate 2016 excess capital to
class members and/or late class members and may
bring its own motions to have the excess capital
paid to it or allocated in a different manner.
The applications to the Courts to allocate
excess capital will not be heard until sometime in
2019. A date has not yet been set as the Joint
Committee is monitoring the actual success rate of
claims made under the HCV Late Clams Benefit Plan as
this plays an important part in determining whether
the actuarial assumptions need to be revised. This
website will be updated with the materials filed in
the Courts when they become available and when a
hearing date is known.
HCV LATE CLAIMS
BENEFIT PLAN CREATED FOR LATE CLAIMANTS LAUNCHED –
The launch of
the new $40 million HCV Late Claims Benefit Plan was
announced through a successful national television,
public relations and social media campaign begun in
Persons infected with the
Hepatitis C virus from blood or blood products
received between January 1, 1986 to July 1, 1990 who
did not make a claim prior to the June 30, 2010
deadline under the existing plans and do not meet
certain exceptions to that deadline can apply now to
receive benefits under the new plan.
more about the HCV Late Claims Benefit Plan, review
the information found
APPROVED PROTOCOLS – January 2018
The Courts amended various court approved
protocols, mostly to make them apply to late claims
under the proposed HCV Late Claims Benefit Plan and
to address various drafting issues. Copies of the
amended court approved protocols can be found in the
Documents portion of this website.
DISTRIBUTION BENEFITS CREATED FOR ALIVE CO-INFECTED
HEMOPHILIACS – December 2017
Alive hemophiliacs co-infected with HIV who made
the $50,000 election under section 4.08(2) of the
Hemophiliac HCV Plan can now apply to the
Administrator to receive all benefits to which they
may be entitled under the Settlement Agreement.
To learn more about applying for this special
distribution benefit approved by the Courts as a
distribution from 2013 excess capital, review the
SPECIAL DISTRIBUTION BENEFITS CREATED FOR ALIVE
PERMANENTLY DISABLED DEPENDANTS – December 2017
Alive permanently disabled dependants of a
deceased Approved HCV Infected Person can now apply
to the Administrator to receive loss of services
benefits for their lifetime instead of the benefit
ceasing at the natural life expectancy of the
Approved HCV Infected Person.
To learn more
about applying for this special distribution benefit
approved by the Courts as a distribution from 2013
excess capital, review the information found
DRUG THERAPY AND THE COURT APPROVED PROTOCOL FOR
MEDICAL EVIDENCE – December 2017
Committee’s motion/application requesting that
direct-acting antiviral agents (“DAA”)
approved by Health Canada be eligible as
“Compensable HCV Drug Therapy” under limited
circumstances where there are significant side
effects and requesting corresponding changes to the
Medical Evidence Protocol was adjourned on consent
of the parties. Additional information will be
posted on this website when the motion is to
EXCESS CAPITAL ALLOCATED TO CREATE SPECIAL
DISTRIBUTION BENEFITS - August 2016
Orders issued in each of the three
jurisdictions declaring that, as of December 31,
2013, the HCV fund has sufficient assets to meet its
long-term liabilities and has excess capital of
The Courts approved, with some
modifications, seven of the nine recommendations
made by the Joint Committee on how to allocate the
2013 excess capital and dismissed the federal
government’s application to have the 2013 excess
capital paid to Canada.
To learn more about
these special distribution benefits approved by the
Courts as distributions from 2013 excess capital,
review the information found
The Administrator has automatically issued
retroactive payments for these special distribution
benefits where it could do so. Unfortunately, the
Administrator could not make payments where it did
not have current contact information for the
recipient or the name and contact information for an
executor of the estate. If you or someone in
your family has not received an expected payment or
to verify your entitlement for these Special
distribution benefits, please contact the
Administrator to ensure it has accurate contact
information. Efforts will continue to
locate all entitled recipients.
of additional materials filed and orders granted by
the Courts can be found by clicking on the link to
the applicable province below, and then clicking on
the applicable motion/application.
We're here to help you
In this Web site, you will find important
information on key aspects of the Hepatitis C (HCV)
January 1, 1986-July 1, 1990 Class Actions Settlement.
Please note that the settlement is for the benefit of
two main groups:
Persons who were infected with HCV
for the first time through blood transfusions during
the period of January 1, 1986 to July 1, 1990,
and certain members of their families;
Persons with certain congenital
clotting deficiencies (hemophilia) or Thalassemia
Major who contracted HCV and received Blood and
blood products in Canada during the period of January
1, 1986 to July 1, 1990, and certain members
of their families.
Please read the information on this Web site
very carefully. This will help you to determine
whether you are eligible or not for compensation
as a member of one of the two groups identified above. Once you have read and reviewed the information
contained in this Web site, you can contact
the Administrator if you have any questions or comments.
To do so, you may send an email or call us toll-free, at 1-877-434-0944.
Our business hours are 8:30 am to 4:30 pm, Eastern Time, Monday to Friday.
DID YOU KNOW?
- A key feature of the benefits under The 1986-1990 Hepatitis C Settlement Agreement is that Approved HCV Infected Class Members are able to return for additional compensation if their Disease progresses. For example, you may have been entitled to Level 2 compensation in the past, but if your Disease has already progressed or does progress in the future you may be approved at a higher disease level and awarded additional compensation. Please contact the Administrator for further information regarding this important feature of the Settlement Agreement.
- If you are an Approved Class Member you may be eligible for reimbursement for uninsured costs of HCV treatment and medications in addition to out-of-pocket expenses such as travel costs associated with seeking medical advice and treatment regarding your Hepatitis C.
- It is important to designate an Executor of your Estate in your Will for the continuation of your claim in the event that you may pass away. It is also important to inform your Executor to contact the Administrator regarding your claim under the 1986-1990 Hepatitis C Settlement Agreement as compensation may be available to your family members if Hepatitis C has materially contributed to your death. Please note that certain claim deadlines will apply to family member applications.
- You can add your email address to your file by emailing us at firstname.lastname@example.org and we will update or add your email address to your file. Your email address will remain strictly confidential and will not be distributed.
Any person who submits a statement of claim to the Administrator containing intentionally inaccurate and/or false information in order to obtain undue benefits under the Agreement is liable to criminal and/or civil action.
March 4, 2015 – Recent HCV Diagnosis Exception to the June 30, 2010 First Claim Deadline
The Court has amended a protocol with regards to issuing Initial Claim Packages to individuals who first learned of their infection with HCV within three (3) years prior to first having advised the Administrator of a potential claim. To view the Court Approved Protocol, click here
March 4, 2015 - Issuance of Initial Claims Packages after the June 30, 2010 First Claim Deadline
The Court has amended a protocol with regards to issuing Initial Claim Packages to individuals upon request, provided that certain conditions are met. To view the Court Approved Protocol, click here
May 1, 2014 – Request Form – Deficiency Deadline Extension
Should you wish to request and extension of your Deficiency Deadline, please submit a “Request Form – Deficiency Deadline Extension” setting out (a) the steps already taken to cure the deficiencies; (b) the reasons why the deficiencies have not been cured to date; and (c) the new steps you propose to take to cure the deficiencies and how long these steps will take. To view and print a “Request Form – Deficiency Deadline Extension”, click here.
May 1, 2014 – Deficient Claims, Claimants that Cannot be Located and Duplicate Claims
The Court has approved a protocol with regards to Deficient Claims, Claimants that Cannot be Located and Duplicate Claims. To view the Court Approved Protocol, click here.
Pre 1986 / Post 1990 Settlement
For further information on that settlement visit
Payments to approved claimants
Approved and denied claims