Notices to Counsel
Administration of the IAP Application Deadline
March 19, 2012
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:
- 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
- 4. When an incomplete application is received, the claimant is advised of the required information and given a chance to provide additional information2.
2- Schedule D, Appendix II, point ii, on p. 19.
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.
- 16. In accordance with Schedule D3, non-admit letters will contain information about the available appeal to the Chief Adjudicator.
3- Schedule D, Appendix II, point ii, on p. 19.