IMPLEMENTATION OF THE FOUR HCV SPECIAL DISTRIBUTION BENEFITS – August 2023 NEW

The Administrator will start to issue the retroactive payments for the 2019 Special Distribution Benefits in September 2023. Payments might not however be made where the Administrator does not have current contact information for the recipient or, in some cases, the name and contact information for an executor of the estate.

If you or someone in your family did not receive an expected payment in the timeframe indicated herein, please complete the Address Change Request Form on this website or contact the Administrator to ensure it has accurate contact information.

If you have contacted the Administrator and provided/confirmed your current contact information prior to August 31st, 2023, payment will be issued to you during the last 10 business days of September 2023.  If you contacted the Administrator on or after September 1st, 2023, payment will be issued to you within 4 – 6 weeks.

You may contact the Administrator by email at info@hepc8690.ca or via the toll-free at 1-877-434-0944. Business hours are from 8:30 am to 4:30 pm, Eastern Time, Monday to Friday.

TEMPORARY RELIEF FROM DEADLINES DURING THE COVID-19 PANDEMIC TO END – July 2023

The Court-approved Protocol permitting claimants to request an extension of time to take steps they were unable to complete after March 16, 2020 because they were adversely affected by the COVID-19 pandemic will cease to be in force and effect on and after August 1, 2023.

The Administrator may only consider a request for relief from deadlines under the Plans due to the COVID-19 pandemic if it receives the request before August 1, 2023.

The orders/judgment of the Courts rescinding the Protocol may be reviewed here: Ontario, British Columbia, Quebec

FOUR NEW SPECIAL DISTRIBUTION BENEFITS CREATED FROM 2019 EXCESS CAPITAL ALLOCATION

The joint hearing of the Superior Court of Ontario, Superior Court of Québec, and the Supreme Court of British Columbia (the “Courts”) to hear the Joint Committee’s applications to have $159,914,000 in excess capital allocated for the benefit of class members and family class members approved under the Regular Benefit Plans and the Late Claims Benefit Plan was completed on May 30, 2023.

The Joint Committee is pleased to advise that the Courts have signed orders/judgments approving allocation benefits for the class in accordance with the four recommendations made by the Joint Committee: increasing fixed payments by 6,8%; increasing family member payments for loss of guidance, care, and companionship by 50%; increasing the calculated amount for lost or diminished pension benefit by 4%; and, increasing the hourly rate for loss of services by $1.49/hour for the loss of services sustained from January 1, 2019, and after. The reasons written by Justice Perell of the Ontario Court pertaining to the orders issued are available here.

As far as next steps, additional programming of the claims system is required to permit the payments to be made. This work will be underway shortly. Thereafter the Administrator will begin to do the necessary calculations and begin issuing retroactive payments as provided for in the orders/judgment as quickly as possible. There will be thousands of payments to be calculated and issued, so we request your patience and understanding as the necessary administration work is done to distribute the retroactive portion of the benefits that are now payable. Additional information on timing will be added when we have a better sense of the timeline for next steps.

In most cases, the Administrator will be able to process the required payments without the need for the class member or family class member to make a claim. There will be exceptions however, for example in those cases where there has been an intervening death of a class member or family member or where the Administrator does not have a current address for the approved class member or family member. We therefore strongly encourage you to provide updated information to the Administrator at this time to facilitate the distribution.

2019 EXCESS CAPITAL ALLOCATION HEARING DATE SET

The supervising courts in Ontario, British Columbia and Québec have set a date for the joint hearing of the Joint Committee’s revised applications to have the Courts exercise their discretion and allocate the 2019 Excess Capital identified by the 2019 Financial Sufficiency Review to create four new special distribution benefits for approved class members and family members.

The joint hearing will be held by judicial videoconference on Tuesday May 30, 2023 beginning at 11:00 am EDT. You may attend the hearing by video-link here.

The federal, provincial and territorial governments have indicated that they will take no position on the Joint Committee’s applications to have the 2019 Excess Capital allocated for the benefit of claimants. Canada will not be seeking to have an alternative allocation made.

To learn more about the Joint Committee’s recommendations to the Courts and next steps, review the NOTICE and other information available here.

The additional documentation recently filed with the Courts in advance of the 2019 allocation hearing is available here.

JOINT COMMITTEE SEEKS ALLOCATION OF EXCESS CAPITAL TO CLASS MEMBERS – August 2022

The Joint Committee has filed applications asking the supervising courts in Québec, Ontario and British Columbia to exercise their discretion and allocate some of the Excess Capital identified by the 2019 Financial Sufficiency Review to create four new special distribution benefits for approved class members and family members.

Hearing dates are not yet scheduled. At the time of writing, the Joint Committee does not know whether Canada or the Provinces or Territories will oppose the granting of these orders for allocation of the 2019 Excess Capital for the benefit of claimants. Nor do we yet know whether the Federal Government will file applications seeking to have the Courts order that the 2019 Excess Capital be paid out to Canada.

To learn more about the Joint Committee’s recommendations to the Courts and next steps, review the information available here.

TEMPORARY MEASURES RELATED TO THE COVID-19 PANDEMIC – June 2021

The Courts have approved a protocol: to permit claimants to request an extension of time to take steps they were unable to complete after March 16, 2020 because they were adversely affected by the COVID-19 pandemic; and, to temporarily extend the time for the Administrator to render a decision on a claim or late claim subject to a Traceback under the Traceback Protocol because the COVID-19 pandemic has affected Canadian Blood Services’ operations.

To learn more about these temporary measures related to the COVID-19 pandemic approved by the Courts, review the information available here.

1986-1990 HCV TRUST FUND DECLARED FINANCIALLY SUFFICIENT – March 2021

The triennial Financial Sufficiency Assessment of the 1986-1990 HCV Trust Fund (Trust Fund) required under the Settlement Agreement was triggered on December 31, 2019.

In early 2021, the three Courts declared that the Trust Fund has sufficient assets overall to meet its long-term liabilities and has excess capital of between $197,596,000 and $203,578,000 as at December 31, 2019.

To learn more about the 2019 Financial Sufficiency Assessment and next steps, review the information available here.

HOLDBACK REMOVED FROM HCV LATE CLAIMS BENEFIT PLAN – March 2021

The 25% holdback on compensation payable under the HCV Late Claims Benefit Plan has now been removed by the Courts following the 2019 Financial Sufficiency orders made in early 2021.

To learn more about the HCV Late Claims Benefit Plan and this change, review the information available here.

COMPENSABLE HCV DRUG THERAPY AND THE COURT APPROVED PROTOCOL FOR MEDICAL EVIDENCE

The Courts ordered that direct-acting antiviral agents approved by Health Canada for HCV treatment are eligible as “Compensable HCV Drug Therapy” in only those cases where the treating physician certifies the treatment caused side effects which significantly interfere with the claimant’s activities of daily living. They also amended the Medical Evidence Protocol as it relates to Compensable HCV Drug Therapy.

To learn more about changes related to Compensable HCV Drug Therapy, review the information available here.

SEVEN SPECIAL DISTRIBUTION BENEFITS CREATED FROM 2013 EXCESS CAPITAL ALLOCATION

The Courts created seven new and/or enhanced benefits for class members from the 2013 excess capital that was available and dismissed the federal government’s application to have the 2013 excess capital paid to Canada.

To learn more about these Special Distribution Benefits approved by the Courts, review the information available here.

SPECIAL DISTRIBUTION BENEFIT CREATED FOR ALIVE CO-INFECTED HEMOPHILIACS FROM 2013 EXCESS CAPITAL ALLOCATION

Alive hemophiliacs co-infected with HIV who previously made the $50,000 election under section 4.08(2) of the Hemophiliac HCV Plan may now apply to the Administrator to receive benefits available based on current disease level which were not previously available to them under the Settlement Agreement.

To learn more about applying for this Special Distribution Benefit approved by the Courts, review the information available here.

SPECIAL DISTRIBUTION BENEFIT CREATED FOR ALIVE PERMANENTLY DISABLED DEPENDANTS FROM 2013 EXCESS CAPITAL ALLOCATION

Alive dependants of deceased HCV Infected Persons who themselves meet the criteria of being permanently disabled set out in the Court Approved Protocol may now apply to the Administrator to receive loss of services benefits for their own lifetime instead of the benefit ceasing at the natural life expectancy of the deceased.

To learn more about applying for this Special Distribution Benefit approved by the Courts, review the information available here.