Notices to Counsel | Administration of the IAP Application Deadline

1- Article One, definition of “IAP Application Deadline.”

The September 19, 2012 deadline for applications to the Independent Assessment Process (IAP) is mandated by the Settlement Agreement¹. Please be advised that the Adjudication Secretariat plans to implement the following procedures to administer the application deadline:

Deadline

• 1. The IAP application must be postmarked or electronically dated (in the case of electronic submission) by 11:59pm PCT on September 19, 2012.
• 2. Any application has met the deadline where:
  • a. it is postmarked or electronically dated by the admissions deadline, and
  • b. it is addressed to any postal or email address for the Government of Canada or Crawford Class Action Services.
• 3. Where an application is postmarked or electronically dated by the application deadline but is misdirected to a Government of Canada address not normally used for receipt of applications, that application will be accepted as showing a good faith intention to apply by the application deadline.

Completeness of an application

2- Schedule D, Appendix II, point ii, on p. 19.

• 4. When an incomplete application is received, the claimant is advised of the required information and given a chance to provide additional information².

Requests for more information

• 5. The Admissions Unit will administer a 60-day time limit to provide more information for consideration of a claim. Counsel is advised that this time limit will be rigorously administered.
• 6. When an application is received on or before the application deadline and requires a request for more information (RMI), the applicant, whether represented or self-represented, will be given 60 days from the date of the request to provide new information for consideration.
• 7. Reminder letters will be sent to applicants or counsel 30 days before the 60-day request for more information deadline.
• 8. Where no further information is provided by the 60-day deadline, the applicant will be sent a letter advising whether the claim has been admitted or not admitted based on the original information provided.
• 9. The 60-day period to provide additional information will be implemented on March 19, 2012, six months prior to the application deadline.

Applications deemed non-admissible prior to or on September 19, 2012

• 10. Since implementation of the IAP, the Admissions Unit has included language in non-admit letters inviting a claimant to provide additional information by September 19, 2012 in order for their application to be reconsidered. To ensure fairness, this practice will be adapted as the application deadline nears.
• 11. Applicants will be provided 6 months (180 days) from the date of the non-admit letter to provide new information regarding their claim. The non-admit letter will also contain information about the available appeal to the Chief Adjudicator.
• 12. Applicants will be informed in the non-admit letter that upon expiration of that 180-day period they may have no other recourse for compensation from the Government of Canada for abuse suffered at an Indian Residential School.
• 13. The 180-day period to provide additional information will be implemented on March 19, 2012, six months prior to the application deadline.

Refusal of applications postmarked after September 19, 2012

• 14. Applications postmarked or electronically dated after 11:59pm PCT on September 19, 2012 will be subject to an abbreviated non-admit process and will not be analysed.
• 15. Non-admit letters will no longer contain language allowing applicants to provide more information.

3- Schedule D, Appendix II, point ii, on p. 19.

• 16. In accordance with Schedule D³, non-admit letters will contain information about the available appeal to the Chief Adjudicator.