Your Rights Under the Settlement Agreement

The 1986-1990 Hepatitis C Settlement Agreement is a legally binding document approved by the courts of Ontario, British Columbia, and Quebec. It defines what you are entitled to. The Administrator cannot change these rules. Fund Counsel cannot override them. Your rights are set by the Agreement — not by the people administering it.

The Right to a Decision

The Administrator has a duty to process your claim and issue a decision. A decision means a written approval or a written denial with reasons. Silence is not a decision. "We're still reviewing" is not a decision. Months of no communication is not a decision.

Without a decision, you cannot exercise your right to appeal. The Administrator's failure to issue a decision effectively denies you access to the dispute resolution process that the Settlement Agreement guarantees.

If your claim has been sitting without a decision for more than 90 days, something is wrong.

The Right to Appeal — Article 10.01

This may be the most important right you have, and the one the Administrator is least likely to tell you about.

"A person making a Claim may, within 30 days after he or she receives notice of the Administrator's decision respecting his or her Claim, refer that decision to, at his or her option, a Referee or an Arbitrator."

This means:

• You choose whether to go to a Referee or an Arbitrator — not the Administrator, not Fund Counsel.
• You have 30 days from the date you receive the decision to file your appeal.
• The Referee or Arbitrator is court-appointed and independent of the Administrator.
• If you do not appeal within 30 days, the Administrator's decision becomes final and binding.

Important: This also works in your favour. If the Administrator approved your claim and the 30-day appeal period has passed, that approval is final and binding. It cannot be reversed.

Finality — What "Final and Binding" Means

Under Article 10.01, once a decision is made and the 30-day appeal period expires without a challenge, the decision is final and binding. This applies to both approvals and denials.

If you were approved as a Class Member and the appeal period has passed, the Administrator cannot come back years later and reverse your approval. If they try, they are acting outside their authority under the Settlement Agreement.

Cost of Care — Article 4.04

If you are an approved Class Member, you may be entitled to up to $50,000 per year for physician-recommended care. This includes:

• Home care and caregiving (hourly, at approved rates)
• Medical equipment prescribed by qualified health professionals
• Out-of-pocket medical expenses not covered by provincial health insurance
• Medications, including cannabis if prescribed by a physician

Cost of Care is submitted on a GEN4 form (for hourly caregiving) or a GEN3 form (for out-of-pocket expenses and uninsured medications).

You have the right to have these claims processed promptly. If your GEN3 or GEN4 forms have been submitted and you have not received payment or a response, contact us.

Loss of Income — Articles 4.02 and 4.03

If your Hepatitis C infection caused you to lose income — because you could not work, lost your career, or had your earning capacity reduced — you may be entitled to compensation for loss of income.

The formula uses the average of your three highest consecutive years of pre-disability earnings, up to a cap of $300,000 per year.

Loss of Income claims are complex and often involve years of documentation. The Administrator has a duty to process these claims — not to sit on them indefinitely. If you have submitted a Loss of Income claim and received no decision, you are being denied access to the process.

Your Right to Your Own Records — PIPEDA

Under the Personal Information Protection and Electronic Documents Act (PIPEDA), you have the right to access all personal information that the Administrator holds about you. This includes your medical records, correspondence, internal notes, and any expert reports obtained using your personal health information.

The Administrator must respond to a PIPEDA access request within 30 days. They cannot impose their own timelines or conditions on your access to your own information.

If the Administrator refuses your PIPEDA request, you can file a complaint with the Office of the Privacy Commissioner of Canada.

The Administrator Works for You

The Administrator of the 1986-1990 Hepatitis C Settlement Fund is appointed by the courts to serve the claimants. The fund exists because of what happened to you. The money in the fund is there because governments agreed to compensate you for contaminated blood.

The Administrator is paid from the fund — from your money — to process your claims fairly and promptly. If the Administrator is not doing that, the Administrator is not doing their job.

You have the right to expect competent, timely, and respectful administration of your claim. You have the right to a decision. You have the right to appeal. And you have the right to hold the Administrator accountable.