ARTICLE
THREE
REQUIRED PROOF FOR COMPENSATION
3.01 Claim by Primarily-Infected
Hemophiliac (top)
- A person claiming to be a Primarily-Infected
Hemophiliac must deliver to the Administrator
an application form prescribed by the Administrator
together with:
- medical, clinical, laboratory, hospital, The
Canadian Red Cross Society, Canadian Blood Services
or Héma-Québec records demonstrating
that (i) the claimant has or had a congenital
clotting factor defect or deficiency and (ii)
the claimant received or took Blood during the
Class Period;
- an HCV Antibody Test report, PCR Test report
or similar test report pertaining to the claimant;
-
a statutory declaration of the claimant
including a declaration (i) that he or she
has never used non-prescription intravenous
drugs, (ii) as to where the claimant first
received or took Blood during the Class Period,
and (iii) as to the place of residence of
the claimant, both when he or she first received
or took Blood during the Class Period and
at the time of delivery of the application
hereunder.
- Notwithstanding the provisions of Section 3.01(1)(a),
if a claimant cannot comply with the provisions
of Section 3.01(1)(a)(i) or (ii), the claimant
must deliver to the Administrator corroborating
evidence independent of the personal recollection
of the claimant or any person who is a Family
Member of the claimant establishing on a balance
of probabilities that he or she has or had a congenital
clotting factor defect or deficiency and received
or took Blood during the Class Period.
- Notwithstanding the provisions of Section 3.01(1)(c),
if a claimant cannot comply with the provisions
of Section 3.01(1)(c) because the claimant used
non-prescription intravenous drugs, then he or
she must deliver to the Administrator other evidence
establishing on a balance of probabilities that
he or she was infected for the first time with
HCV by Blood.
3.02 Claim by Secondarily-Infected
Person (top)
- A person claiming to be a Secondarily-Infected
Person must deliver to the Administrator an application
form prescribed by the Administrator together
with:
- evidence demonstrating on the balance of
probabilities that the claimant was infected
with HCV for the first time by a Spouse who
is a Primarily- Infected Hemophiliac or an Opted-Out
Primarily-Infected Hemophiliac or by a Parent
who is an HCV-Infected Person or an Opted-Out
HCV Infected Person including a statutory declaration
of the claimant declaring that he or she has
never used non-prescription intravenous drugs;
- an HCV Antibody Test report, a PCR Test report
or similar test report pertaining to the claimant;
and
- the evidence required by Sections 3.01 and
3.03 in respect of his or her Spouse or Parent,
as the case may be, unless the required evidence
has already been delivered by the Spouse or
Parent in respect of his or her personal Claim.
- Notwithstanding the provisions of Section 3.02(1)(a),
if a claimant cannot comply with the provisions
of Section 3.02(1)(a) because the claimant used
non-prescription intravenous drugs, the claimant
may still qualify for compensation if the claimant
can deliver to the Administrator other evidence
establishing on a balance of probabilities that
the claimant was infected for the first time with
HCV by his or her Spouse who is a Primarily-Infected
Hemophiliac or Opted-Out Primarily-Infected Hemophiliac
or Parent who is a HCV Infected Person or Opted-Out
HCV Infected Person notwithstanding the claimant's
non-prescription intravenous drug use.
3.03 Additional Proof
(top)
If requested by the Administrator, a person claiming
to be a HCV Infected Person must also provide to
the Administrator:
- all medical, clinical, hospital or other such
records in his or her possession, control or power;
- a consent authorizing the release to the Administrator
of such medical, clinical, hospital records or
other health information as the Administrator
may request;
- a consent to an independent medical examination;
- income tax returns and other records and accounts
pertaining to loss of income; and
- any other information, books, records or accounts
or consents to examinations as may be requested
by the Administrator to determine whether or not
a claimant is a HCV Infected Person or to process
the Claim.
If any person refuses to provide any of the above
information, documentation or other matters in his
or her possession, control or power, the Administrator
must not approve the Claim.
3.04 Claim by HCV Personal
Representative of HCV Infected Person (top)
- A person claiming to be the HCV Personal Representative
of a HCV Infected Person who has died must deliver
to the Administrator, within three years after
the death of such HCV Infected Person or within
two years after the Approval Date, whichever event
is the last to occur, an application form prescribed
by the Administrator together with:
- proof that the death of the HCV Infected
Person was caused by his or her infection with
HCV;
- unless the required proof has already been
previously delivered to the Administrator:
- if the deceased was a Primarily-Infected
Hemophiliac, the proof required by Sections
3.01 and 3.03; or
- if the deceased was a Secondarily-Infected
Person, the proof required by Sections 3.02
and 3.03; and
- the original certificate of appointment of
estate trustee, grant of probate or of letters
of administration or notarial will (or a copy
thereof certified to be a true copy by a lawyer
or notary) or such other proof of the right
of the claimant to act for the estate of the
deceased as may be required by the Administrator.
- A person claiming to be the HCV Personal Representative
of a HCV Infected Person who is a minor or incompetent
must deliver to the Administrator an application
form prescribed by the Administrator together
with:
- unless the required proof has already been
previously delivered to the Administrator:
- if the HCV Infected Person is a Primarily-Infected
Hemophiliac, the proof required by Sections
3.01 and 3.03; or
- if the HCV Infected Person is a Secondarily-Infected
Person, the proof required by Sections 3.02
and 3.03; and
- the court order or power (or a copy thereof
certified to be a true copy by a lawyer or notary)
or such other proof of the right of the claimant
to act for the HCV Infected Person as may be
required by the Administrator.
- Notwithstanding the provisions of Section 3.01(1)(b),
if a deceased Primarily-Infected Hemophiliac died
before 1 January 1999 and was not tested for the
HCV antibody or HCV, the HCV Personal Representative
of such deceased Primarily-Infected Hemophiliac
may deliver, instead of the evidence referred
to in Section 3.01(1)(b), evidence of any one
of the following:
- the Primarily-Infected Hemophiliac had tested
positive for HIV prior to his or her death;
- a liver biopsy consistent with HCV in the
absence of any other cause of chronic hepatitis;
- an episode of jaundice within three months
of using or taking Blood in the absence of any
other cause; or
- a diagnosis of cirrhosis in the absence of
any other cause.
For greater certainty, nothing in this Section
will relieve any claimant from the requirement to
prove that the death of the Primarily-Infected Hemophiliac
was caused by his or her infection with HCV except
as otherwise provided in Section 5.01(4).
- Notwithstanding the provisions of Section 3.02(1)(b),
if the HCV Personal Representative of a deceased
Secondarily-Infected Person cannot comply with
the provisions of Section 3.02(1)(b), the HCV
Personal Representative must deliver to the Administrator
other evidence establishing on a balance of probabilities
that such deceased Secondarily-Infected Person
was infected with HCV.
- For the purposes of Sections 3.04 (1) and (2),
the statutory declaration required by Sections
3.01(1)(c) and 3.02(1)(a) must be made by a person
who is or was sufficiently familiar with the HCV
Infected Person to declare that to the best of
his or her knowledge, information and belief the
HCV Infected Person did not use non-prescription
intravenous drugs. If such a statutory declaration
cannot be provided because the HCV Infected Person
used non-prescription intravenous drugs, the HCV
Personal Representative must deliver to the Administrator
evidence establishing on a balance of probabilities
that the Primarily-Infected Hemophiliac was infected
with HCV by Blood or the Secondarily-Infected
Person was infected for the first time with HCV
by his or her Spouse who is or was a Primarily-Infected
Hemophiliac or Opted-Out Primarily-Infected Hemophiliac
or by a Parent who is or was a HCV Infected Person
or an Opted-Out HCV Infected Person.
- If requested by the Administrator, the HCV Personal
Representative must also provide to the Administrator:
- all medical, clinical, hospital or other such
records in his or her possession, control or
power;
- a consent authorizing the release to the
Administrator of such medical, clinical, hospital
records or other health information as the Administrator
may request;
- a consent to an independent medical examination;
- income tax returns and other records and
accounts pertaining to loss of income; and
- any other information, books, records or
accounts or consents to examinations as may
be requested by the Administrator to determine
whether or not a person is a HCV Infected Person
or to process the Claim.
If any HCV Personal Representative refuses to provide
any of the above information, documentation or other
matters in his or her possession, control or power,
the Administrator must not approve the Claim.
3.05 Claim by Dependant
(top)
A person claiming to be a Dependant of a HCV Infected
Person who has died must deliver to the Administrator,
within two years after the death of such HCV Infected
Person or within two years after the Approval Date
or within one year after the claimant attaining
his or her age of majority, whichever event is the
last to occur, an application form prescribed by
the Administrator together with:
- proof as required by Sections 3.04(1)(a) and
(b) (or, if applicable, Section 3.04(3) or (4))
and 3.04(5) and (6), unless the required proof
has been previously delivered to the Administrator;
and
- proof that the claimant was a Dependant of
the HCV Infected Person.
3.06 Claim by Family Member
(top)
A person claiming to be a Family Member referred
to in clause (a) of the definition of Family Member
in Section 1.01 of a HCV Infected Person who has
died must deliver to the Administrator, within two
years after the death of such HCV Infected Person
or within two years after the Approval Date or within
one year after the claimant attaining his or her
age of majority, whichever event is the last to
occur, an application form prescribed by the Administrator
together with:
- proof as required by Sections 3.04(1)(a) and
(b) (or, if applicable, Section 3.04(3) or (4))
and 3.04(5) and (6), unless the required proof
has been previously delivered to the Administrator;
and
- proof that the claimant was a Family Member
referred to in clause (a) of the definition of
Family Member in Section 1.01 of the HCV Infected
Person.
3.07 First
Claim Deadline (top)
Except as otherwise expressly provided in this
Agreement, no person may make a Claim for the first
time under this Plan after 30 June 2010 unless:
- the Claim is made within one year of the person
attaining his or her age of majority; or
- the Claim is made within the three year period
following the date upon which the person first
learned of his or her infection with HCV and the
Court having jurisdiction over the person grants
leave to the person to apply for compensation.
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