ARTICLE FIVE
THE ADMINISTRATOR
5.01 Appointment of Administrator
(top)
The Courts will appoint an Administrator to administer the
Plans with such powers, rights, duties and responsibilities
as are determined by the Joint Committee and approved by the
Courts.
5.02 Administrator's Duties (top)
Subject to obtaining the approval of the Courts, the Administrator’s
duties and responsibilities will include the following:
- establishing and staffing "The 1986-1990 Hepatitis
C Claims Centre";
- developing, installing and implementing systems and
procedures for receiving, processing, evaluating and
making decisions respecting Claims including making
all necessary inquiries (including consulting medical
personnel) to determine the validity of any Claim and
requiring any claimant to have a medical examination;
- reporting to the Joint Committee and the Courts respecting
Claims received and being administered;
- providing personnel in such reasonable numbers as
are required for the performance of its duties, and
training and instructing them;
- keeping or causing to be kept accurate accounts of
its activities and its administration of the Plans,
preparing such financial statements, reports and records
as are required by the Joint Committee, Fund Counsel
and the Courts, in form and content as directed by the
Courts, and submitting them to the Joint Committee,
Fund Counsel and the Courts monthly or so often as the
Courts direct;
- receiving and responding to all enquiries and correspondence
respecting Claims, supplying claim forms, reviewing
and evaluating all Claims, making decisions in respect
of Claims, giving notice of its decision, receiving
compensation payments on behalf of the Class Members
out of the Trust and forwarding the compensation in
accordance with the provisions of the Plans within a
reasonable period of time and communicating with a claimant,
in either English or French, as the claimant elects;
- assisting in the completion of claim forms and attempting
to resolve any disputes with claimants;
- maintaining a database with all information necessary
to permit the Courts to evaluate the financial viability
and sufficiency of the Trust Fund from time to time;
and
- such other duties and responsibilities as the Courts
may from time to time by order direct.
5.03 Decisions of the Administrator
(top)
The Administrator will give notice of its decision in respect
of a Claim to a claimant promptly after the decision is made.
A decision of the Administrator in respect of a Claim will,
subject to the claimant’s right to refer the decision
to a Referee or an Arbitrator pursuant to provisions of the
Plans, be final and binding upon the claimant and the Administrator.
The fees, disbursements and other costs of the Administrator
will be paid out of the Trust in a time, in a manner and in
an amount approved by the Courts.
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