Statistics on the Implementation of the Indian Residential Schools Settlement Agreement
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Information update on the Independent Assessment Process
From September 19, 2007 to March 31, 2019
- The deadline to apply to the Independent Assessment Process (IAP) was September 19, 2012
- The IAP is administered by the Indian Residential Schools Adjudication Secretariat (IRSAS)
- The Government of Canada is responsible for conducting research and disclosing its documents to the IRSAS according to Schedule D of the Indian Residential Schools Settlement Agreement (IRSSA). In addition, the Government of Canada is responsible for negotiating settlements, attending all IAP hearings, and compensating eligible claimants. Statistics shown below reflect how Canada fulfills its obligations. Further statistics are available from IRSAS
Statistics about the IAP
| Process Summary | Total | |
|---|---|---|
| IAP applications received by the IRSAS | 38,257 | |
| IAP claims for which Canada has disclosed its documents to the IRSAS | 30,825 | |
| IAP claims resolved (% of applications received) | 38,178 (99%) | |
| through decisions following a hearing | 26,693 | |
| through negotiated settlements | 4,165 | |
| through negotiated settlements: post hearing | 245 | |
| not admitted or withdrawn or dismissed | 7,075 | |
| Total IAP payments approved | $3.180 billion | |
| Average IAP payment, including legal costs | $111,265 | |
| Statistics include continuing Alternative Dispute Resolution (ADR) claims as per the IRSSA. | ||
Other updates on the implementation of the Indian Residential Schools Settlement Agreement
Requests to add new Indian residential schools to the IRSSA
- Article 12 of the IRSSA sets out a two-part test that is used to assess each requested institution to determine if it should be recognized as an Indian residential school
- To date, 9,471 people have asked for 1,531 distinct institutions to be added to the IRSSA. Since implementation of the IRSSA, CIRNAC has determined that 7 requested institutions meet the Article 12 test criteria and have been added as Indian Residential Schools for specific periods of time. The court has also added 3 institutions, the last of which, Kivalliq Hall (Nunavut), was added on December 14, 2016, by the Nunavut Court of Justice, and upheld on appeal by the Nunavut Court of Appeal via decision dated July 20, 2018. Canada did not appeal this decision, and therefore, the total number of eligible Indian Residential Schools under the IRSSA is now 140. There are no remaining Article 12 challenges
- The Order of Madam Justice Brown regarding the Designated Amount Fund (DAF) Wind-Up was entered July 27, 2015. In order to begin transfer of unused funds in the DAF to the National Indian Brotherhood Trust Fund and Inuvialuit Education Foundation for educational programs, a bar was placed on any new forms of application or Request for Direction that will have the effect of creating a demand or liability on the DAF, such as seeking to add an institution to Schedule F under Article 12
- For information on institutions requested through Article 12, please visit the official IRSSA web site
Outreach
- The Advocacy and Public Information Program began in 2007 and is a contribution funding program managed by CIRNAC to encourage the sharing of information and ensure that the Aboriginal community, particularly former students and their families, are aware of all aspects of the IRSSA, including CEP and IAP. Other objectives include supporting healing and reconciliation, with a particular focus on youth and intergenerational issues
- From 2007 to 2014, over $28 million was fully invested into 140 regional and national projects across Canada. All of these projects were completed by March 31, 2014
Commemoration
- The IRSSA identifies $20 million for commemoration to provide former students, their families and communities the opportunity to pay tribute to, honour, educate, remember, and memorialize their experiences by acknowledging the systemic impacts of the residential school system. CIRNAC and the Truth and Reconciliation Commission (TRC) are jointly responsible for the development and implementation of commemoration
- All project funding under the commemoration initiative was allocated by March 31, 2014
Resolution Health Support Program: Indigenous Services Canada
- The Indian Residential Schools Resolution Health Support Program (IRS RHSP) provides mental health and emotional support services to former students and their families before, during and after their participation in IRSSA processes, including CEP, IAP, TRC events and commemoration activities
- The following services are provided:
- emotional support: Resolution Health Support workers to listen, talk and provide support through all phases of the IRSSA
- cultural support: Elders and traditional healers for teachings, ceremonies, dialogue and traditional healing
- professional counselling: psychologists and social workers that are registered with Health Canada, for individual or family counselling
- assistance with transportation may be offered when professional counselling and cultural support services are not locally available
- For more information on the program and its services, please visit the Indigenous Services Canada website.
Information update on the Common Experience Payment
From September 19, 2007 to March 31, 2016
The deadline for applying to the Common Experience Payment (CEP) was September 19, 2011. The deadline to apply for the CEP under exceptional circumstances was September 19, 2012. After March 31, 2016, updates will be made to the CEP statistics below only when there are significant changes, such as the addition of an institution under Article 12 of the Indian Residential Schools Settlement Agreement or the official completion of the program.
Statistics and information concerning the CEP
| Process summary | Total | |
|---|---|---|
| Projected number of CEP applications at launch of process | 110,000 | |
| Projected number of eligible CEP applications at launch of process | 80,000 | |
| Original amount of the CEP Trust Fund | $1,900,000,000 | |
| Total CEP payments, including advance payments | $1,622,422,106 | |
| Average CEP payment | $20,457 | |
| Total CEP applications received since 2007 | 105,530 | |
| Total CEP applications received since 2007* Includes incomplete applications where research has been conducted, but the eligibility results cannot be sent because ID requirements have not been fulfilled by the applicant. | 105,524 | |
| Total CEP applications completed: paid or ineligible | 103,236 | |
| applications paid | 79,309 | |
| applications ineligible | 23,927 | |
| Complete CEP applications in progress | 6 | |
| * Includes applications where research has been conducted, but authentication requires additional information from applicants. | ||
| Appeal process summary | Total | |
|---|---|---|
| Total reconsideration requests received | 27,798 | |
| reconsideration processed eligible | 9,771 | |
| reconsideration processed ineligible | 18,022 | |
| reconsideration in progress | 5 | |
| Total National Administrative Committee (NAC) appeals received | 5,259 | |
| NAC appeals processed eligible | 1,164 | |
| NAC appeals processed ineligible | 3,511 | |
| NAC appeals in progress | 7 | |
| Total court appeals received | 741 | |
| court appeals processed eligible | 13 | |
| court appeals processed ineligible | 723 | |
| court appeals in progress | 5 | |
CEP remainder
- In accordance with the Indian Residential Schools Settlement Agreement, an audit of the Designated Amount Fund was conducted after September 19, 2011. The audit disclosed a balance in excess of $40 million which triggered the requirement to disburse amounts to CEP recipients, upon application, as personal credits
- Personal credits are non-cash credits that are redeemable at approved educational entities and groups for individual or group educational services. Personal credits have a maximum value of $3,000 per individual CEP recipient. Personal credits can be used by the CEP recipient and by certain members of the CEP recipient's family
- Terms and conditions in respect to the administration of personal credits were negotiated by Canada, and the Assembly of First Nations and by Canada and the Inuit Representatives. The terms and conditions were approved by the Supreme Court of British Columbia on October 31, 2013. The implementation of the personal credits process began in January 2014
- Following the October 31, 2014 deadline to apply for personal credits originally approved by the court and agreed to by all parties, an Order of the Supreme Court of British Columbia extending personal credits deadlines was entered on January 7, 2015. New deadlines are as follows:
- acknowledgement forms: extended from October 31, 2014, to March 9, 2015
- redemption forms: extended from December 1, 2014, to June 8, 2015
- completion of educational activities: extended from April 30, 2015, to August 31, 2015
- As of March 31, 2016, 30,042 personal credits applications had been received and a total of 23,774 redemption forms totaling over $57 million had been processed
- In order to begin transfer of unused funds in the Designated Amount Fund (DAF) to the National Indian Brotherhood Trust Fund and Inuvialuit Education Foundation for educational programs, Madam Justice Brown issued an Order regarding the DAF Wind-Up on July 27, 2015. A bar was placed on future CEP applications, personal credits applications and any forms of application or Request for Direction that will have the effect of creating a demand or liability on the DAF, such as seeking to add an institution to Schedule F under Article 12. After extensive efforts by Canada, the Assembly of First Nations and the Inuit Representatives to attempt to locate applicants with whom Canada had lost contact, the court also dismissed over 2,300 incomplete CEP applications
- Any amount remaining in the DAF after all demands and liabilities are satisfied will be distributed in percentage installments approved by the court to the National Indian Brotherhood Trust Fund and the Inuvialuit Education Foundation