Updates

We would like to take this opportunity to provide a longer update addressing questions you may have surrounding holds on cheques, upcoming outreach and updated claimant statistics. Please see below for more information:

1. Holds on cheques

Interim payments for Eligible Class Members began going out on June 10^th, 2020, either through cheque or direct deposit. We understand that while a number of people have now received their cheques, some financial institutions have elected to place a temporary hold on these funds as it is their standard practice. While the cheque holds by financial institutions is common for large sums, we hear these concerns and recognize the frustration this has caused for claimants.

Collectiva has actively communicated with various financial institutions to help resolve this. We are actively monitoring this situation and are committed to ensuring this process continues to move along.

Below are some additional information and please see our FAQ for more. Please note this FAQ has been updated as June 25, 2020. We will continuously update the FAQ with new information and post it on this website as the situation evolves.

What is Collectiva doing about the banks holding of cheques?

It is important to note that federally regulated financial institutions are able to place a hold on a cheque for four to eight days and that this is common practice for large sums. Collectiva has actively communicated with various financial institutions to help resolve this. For our bank, Scotiabank, the procedure as of June 16^th, 2020, has been the following:

• Compile a daily list from all branches across the country for cheque certification
• Once accounting has completed the daily positive pay, Collectiva confirms the cheque certification. This process usually takes 24 hours.

For other banks that get in touch with us for specific individuals, our procedure is the following:

• We confirm Collectiva has issued the cheque, though it is at the discretion of the bank to continue the hold even after we have confirmed it. We are actively monitoring this situation and are committed to ensuring this process continues to move along.

Why weren’t the cheques certified before Collectiva sent them?

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.

The following information regarding potential hold on claimant cheques is based on information provided by Canada’s Federally Regulated Financial Institutions. For details on your particular payment, you must call or visit your bank, credit union, or lending institution. 

FAQ 

Why might my financial institution hold the funds deposited by cheque? 

A 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.) 

Federally regulated financial institutions (FRFI) are able to hold the money you deposit by cheque for 4 to 8 days. The amount of time depends on the amount of the cheque and how it was deposited.  

There may also be additional delays—for example, if the cheque is written on an account located in another province or country. 

If you have questions regarding deposits or holds, you must contact your own financial institution for details. 

Can I have the hold removed? 

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. 

Your right to receive information 

When you open an account, FRFI 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. 

What you should do if you feel your rights are not being respected 

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. Call FCAC toll-free at 1-866-461-3222 for more information. 

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. 

2. Upcoming outreach over the summer months

On June 10, 2020, interim payments for those with approved applications (Eligible Class Members) have begun to go out and people should be receiving these payments either by cheque or direct deposit.

Over the summer months, we will be actively reaching out to Applicants whose applications are in progress with an update on their individual application status. The goal of these updates is simply to provide you with more information as we continue the review process. 

You can expect to hear from us with either a letter or email.  It will take a few months for us to be in touch with everyone.  Please don’t worry if you don’t hear from us right away.

As a reminder, we are still not denying anyone’s claims right now, and deadlines are still suspended.  

We know how hard this time of waiting is and thank you for your patience during this time, it is greatly appreciated. 

3. Update on claimant statistics

And finally, we’d like to provide you with the latest numbers on the administration of the Sixties Scoop Settlement as of June 25, 2020:

• Total number of Individual Payment Applications filed – 34, 767
• Total number of Eligible Class Members processed to date – 12,551

For your reference, the breakdown on the administration of the Sixties Scoop Settlement as of May 12, 2020 was:

• Total number of Individual Payment Applications filed – 34,767
• Total number of Eligible Class Members processed to date – 12,551

We wanted to provide you with a brief update on interim payments to Eligible Class Members (those who have previously been sent a “Notice of Eligible Class Member” letter). The majority of payments to Eligible Class Members have now gone out. We are still working on issuing some payments where there are unique circumstances.
If we need more information from you—for example banking or address information— to issue your payment, we will be in touch with you directly by email.

Also, we want to let you know that we are receiving a high volume of calls right now. If you cannot get through immediately, please leave us a message with your full name and phone number.  We will return your call within three business days.

Here are the answers to a few common questions about interim payments that you may find useful:

I requested direct deposit, so why did I receive a cheque?
In some cases a direct deposit wasn’t possible because the banking information didn’t match the information in our files.  For example, we can’t issue a direct deposit to a joint account (an account in two peoples’ names), when only one of those people is an Eligible Class Member.  In a case like that, we would have to issue a cheque instead.

I requested a direct deposit and it hasn’t happened yet. What do I need to do?
It is rare though we have had some situations where we’ve tried to issue a direct deposit, but it hasn’t gone through.  We are actively and urgently working with banking institutions to solve this. If, for some reason, we need additional information from you to process your direct deposit we will be in touch with you directly by email.

I haven’t received my cheque yet. How do I know it hasn’t gotten lost in the mail?
We know that it can take as long as four weeks for mail delivery to certain parts of Canada. If you have not received your cheque in the mail by July 15th please let us know and we will take action.

My loved one, an Eligible Class Member, passed away. Who will receive the interim payment?
Please let us know if you are in this situation.  We will issue the interim payment to your loved one’s Estate Executor.

Please see our FAQ for more information.

Please find here the answers to a number of commonly asked questions that we hope you will find helpful. This FAQ covers categories including:

• Claims process
• Compensation
• Eligibility
• Resources and support
• The Foundation
• About the Sixties Scoop Class Action 

This FAQ was created on June 10, 2020. We will continuously update the FAQ with new information and post it on this website as the situation evolves. If you have specific questions about your personal situation, you can reach us toll-free at 1-844-287-4270 or by email: sixtiesscoop@collectiva.ca.

Just a quick update to share that interim payments for Eligible Class Members have begun to go out today.  People should shortly begin to receive these payments either by cheque or, if previously requested, by direct deposit.

We wanted to provide you with a brief update on interim payments to Eligible Class Members (those who have previously been sent a “Notice of Eligible Class Member” letter). The majority of payments to Eligible Class Members have now gone out. We are still working on issuing some payments where there are unique circumstances. If we need more information from you—for example banking or address information— to issue your payment, we will be in touch with you directly by email.

Also, we want to let you know that we are receiving a high volume of calls right now. If you cannot get through immediately, please leave us a message with your full name and phone number.  We will return your call within three business days.

Here are the answers to a few common questions about interim payments that you may find useful:

I requested direct deposit, so why did I receive a cheque?
In some cases a direct deposit wasn’t possible because the banking information didn’t match the information in our files.  For example, we can’t issue a direct deposit to a joint account (an account in two peoples’ names), when only one of those people is an Eligible Class Member.  In a case like that, we would have to issue a cheque instead.

I requested a direct deposit and it hasn’t happened yet. What do I need to do?
It is rare though we have had some situations where we’ve tried to issue a direct deposit, but it hasn’t gone through.  We are actively and urgently working with banking institutions to solve this. If, for some reason, we need additional information from you to process your direct deposit we will be in touch with you directly by email.

I haven’t received my cheque yet. How do I know it hasn’t gotten lost in the mail?
We know that it can take as long as four weeks for mail delivery to certain parts of Canada. If you have not received your cheque in the mail by July 15th please let us know and we will take action. 

My loved one, an Eligible Class Member, passed away. Who will receive the interim payment?
Please let us know if you are in this situation.  We will issue the interim payment to your loved one’s Estate Executor.

Please see our FAQ for more information.

We have heard a few questions from Applicants regarding the interim payment to Eligible Class Members and wanted to provide the following answers for clarification.

How will I get my payment?
You will get your payment by cheque via regular mail through Canada Post unless you have made other arrangements with the Administrator. If your address has changed from the one submitted to the Administrator as part of your claims application and have not since updated this, we strongly suggest you give us a call at 1-844-287-4270  to ensure we have the right information. Requests for payments by direct deposit made by email, mail or fax to the Administrator received by Friday, noon EST, on June 5^th has been processed as such.

What if I get a call requesting my banking information. What should I do?
Please do not give anyone your banking information over the phone.  Collectiva is not asking for your banking information by phone.  If you receive such a call, please hang up immediately. It’s a scam.

Will payments I receive impact my ability to get social benefits?
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 Canada Revenue Agency (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.

Following Monday’s announcement by the Federal Court, we are pleased to announce that the Ontario Superior Court of Justice has approved a similar interim payment order today. Now that both Courts have approved the order, this means that we can begin issuing an interim payment of $21,000 to all Eligible Class Members. All Eligible Class Members will be receiving this interim payment in the coming weeks.

Today, the Federal Court of Canada approved an order allowing us to issue interim payments of $21,000 to all Eligible Class Members.  To date, over 12,500 individuals have been deemed eligible for individual payment as part of a national settlement between the Government of Canada and plaintiffs representing Sixties Scoop Survivors. We understand that a similar order to issue interim payments is also being put in front of the Ontario Superior Court, which also presides over the Settlement. We anticipate hearing a decision soon.

This announcement comes in the wake of delays to the claims process resulting from COVID-19. To protect public health, a number of provincial archives have closed.  These archives contain important information that we need in order to verify some people’s claims.  Further, social distancing has created barriers for Applicants seeking information and support to back up claims that we have flagged as incomplete. 

 Under these circumstances, the fair and necessary thing to do was to make sure no one’s application is denied while we’re still in this period of uncertainty. Because of this decision, it will take a little longer to determine the total number of eligible applications and, therefore, the final individual payment amount that each person will ultimately receive.

We recognize the huge emotional toll this delay has had on Applicants. Please know that it is our highest priority to get Eligible Class members the payments they are owed as quickly as possible.

The approval process is still moving forward

For Applicants still awaiting a decision on their application, we understand your anxiety and frustration.  We want you to know that, while we are not denying claims right now, we are still doing the work to approve them.  Those efforts are more difficult because of the pandemic, but they are ongoing.

We can also confirm that Applicants whose applications are approved in the weeks and months ahead will also receive the interim payment of $21,000.

The pause on application denials and timelines is a critical opportunity for Applicants who received a “Notice of Intent to Reject” letter dated in February or March of 2020.  Our strong advice to Applicants is to get in touch with Class Counsel, who can review your claim and offer guidance. Applicants have the right to legal support from the four law firms involved in the settlement.  The cost of these legal services is paid for by the settlement and you can access them at no additional cost to you.   Please find contact information on this page below.

Next steps

Currently, we are closely monitoring provincial public health updates and are in discussion with our Indigenous partners to determine a threshold for when it will be safe and fair to reinstate timelines for incomplete applications and to resume the process of issuing denials, where appropriate.

We don’t yet know when we’ll be able to issue final payments for Eligible Class Members, but we do know that all parties are planning to return to court to seek an order that will answer that question.  We’ll provide an update on that as soon as one is available.

We truly hope that today’s announcement offers a glimmer of optimism for Applicants. We are fully committed to keeping you as informed as possible in this evolving situation and we are grateful for your patience.

Top Four Questions

Here are answers to some questions you may have about this update:

1. How soon will I get an interim payment?
   Right now we are still waiting for the Ontario Court to approve the interim payment order (it is in the process of being put before the Court).  As soon as the order is approved, we will start issuing payments to Eligible Class Members. 
    
2. I haven’t gotten an approval notice. What should I do?
   We know how difficult and stressful this waiting period is.  We want you to know that we are still doing the hard work to review claims and we are still sending out approvals as quickly as we can.  We are grateful for your patience. 
    
3. What if I got a “notice of intent to reject” letter or an “Official Rejection” letter? What should I do?
   If you received one of these letters dated in February or March of 2020, the good news is that you now have more time to respond.  We strongly recommend that you connect with Class Counsel for their guidance, which is your right and is already paid for by settlement.
    
4. If my application is approved later, can I still get an Interim Payment? Will the money run out?
   Yes, you will be able to get an interim payment if your application is approved in the weeks or months ahead.  The money will not run out.  Given the total number of outstanding claims, the interim payment will not deplete the total available funds. 
   
   For more information, please see today’s news release: CLICK HERE

Below are statistics on the administration of the Sixties Scoop Settlement:

• Total number of Individual Payment Applications filed – 34,767
• Total number of Eligible Class Members processed to date – 12,551

Please note that the Administrator is currently in the process of actively reviewing applications.

Implications of Court Order

The Sixties Scoop settlement provides for each Eligible Class Member to receive an equal share of the Settlement Fund. For this reason, it is necessary for all application forms to be reviewed and determined to be either eligible or rejected prior to calculating individual payment amounts. As process of resolving incomplete applications, including consultation with provincial and territorial government agencies, has taken more time than originally estimated, the Federal Court has ordered that the distribution of payments may proceed once more than 4,767 applications have been fully and finally rejected.

Regrettably, the suspension of the time limits referred to below has resulted in a delay in the rejection of applications. For this reason, payments to Eligible Class Members are currently on hold.