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ARTICLE ONE
INTERPRETATION

1.01 Definitions (top)

In this Agreement, in addition to the terms defined in the description of the Parties and in the recitals set out above:

"Administrator" means the Administrator appointed from time to time by the Courts pursuant to the Settlement Agreement.

"Approval Date" means the date when the judgments or orders of the Courts approving the Settlement Agreement become final and, as a result, this Plan becomes effective.

"Approved Dependant" means a Dependant whose Claim made pursuant to Section 3.06 has been accepted by the Administrator.

"Approved Family Member" means a Family Member referred to in clause (a) of the definition of Family Member in this Section 1.01 whose Claim made pursuant to Section 3.07 has been accepted by the Administrator.

"Approved HCV Infected Person" means a HCV Infected Person whose Claim made pursuant to Section 3.01 or 3.02, as the case may be, has been accepted by the Administrator.

"Approved HCV Personal Representative" means a HCV Personal Representative whose Claim made pursuant to Section 3.05 has been accepted by the Administrator.

"Arbitrator" means a person appointed as an arbitrator by the Courts pursuant to the provisions of Section 10.02 hereof and Article Ten of the Settlement Agreement.

"Average Industrial Wage in Canada" means the Average Weekly Earnings (all Industries), as published in Statistics Canada's on-line statistical data base created from The Canadian Socio-Economic Information Management System (CANSIM) data base or any successor data base, for the most recent period for which such information is published at the date the determination provided for in Section 4.02 or 6.01 is to be made.

"Blood" means whole blood and the following blood products: packed red cells, platelets, plasma (fresh frozen and banked) and white blood cells. Blood does not include Albumin 5%, Albumin 25%, Factor VIII, Porcine Factor VIII, Factor IX, Factor VII, Cytomegalovirus Immune Globulin, Hepatitis B Immune Globulin, Rh Immune Globulin, Varicella Zoster Immune Globulin, Immune Serum Globulin, (FEIBA) FEVIII Inhibitor Bypassing Activity, Autoplex (Activate Prothrombin Complex), Tetanus Immune Globulin, Intravenous Immune Globulin (IVIG) and Antithrombin III (ATIII).

"Business Day" means a day other than a Saturday or a Sunday or a day observed as a holiday under the laws of the Province or Territory in which the person to whom notice is given is situated or the federal laws of Canada applicable in the said Province or Territory.

"Child" includes:

1. an adopted child;
2. a child conceived before and born alive after his or her parent's death; and
3. a child to whom a person has demonstrated a settled intention to treat as a child of his or her family;

but does not include a foster child placed in the home of a HCV Infected Person for valuable consideration.

"Claim" means a claim made and a claim that may be made in the future pursuant to the provisions of this Plan.

"Class Action Counsel" has the meaning set out in Section 1.01 of the Settlement Agreement.

"Class Members" means, collectively, all Primarily-Infected Persons, all Secondarily-Infected Persons, all HCV Personal Representatives and all Family Members but excludes, for greater certainty, all persons who opt out of a Class Action.

"Class Period" means the period from and including 1 January 1986 to and including 1 July 1990.

"Cohabit" means to live together in a conjugal relationship, whether within or outside marriage.

"Compensable HCV Drug Therapy" means interferon or ribavirin, used alone or in combination, or any other treatment that has a propensity to cause adverse side effects and that has been approved by the Courts for compensation.

"Courts" means, collectively, the Supreme Court of British Columbia, the Superior Court of Justice for Ontario and the Superior Court of Québec.

"Dependant" means a Family Member of a HCV Infected Person referred to in clauses (a) and (c) of the definition of a Family Member in this Section 1.01 to whom that HCV Infected Person was providing support or was under a legal obligation to provide support on the date of the HCV Infected Person's death.

"EAP" means the HIV Extraordinary Assistance Plan announced by the government of Canada on 14 December 1989.

"Family Member" means:

1. the Spouse, Child, Grandchild, Parent, Grandparent or Sibling of a HCV Infected Person;
2. the Spouse of a Child, Grandchild, Parent or Grandparent of a HCV Infected Person;
3. a former Spouse of a HCV Infected Person;
4. a Child or other lineal descendant of a Grandchild of a HCV Infected Person;
5. a person of the opposite sex to a HCV Infected Person who Cohabited for a period of at least one year with that HCV Infected Person immediately before his or her death;
6. a person of the opposite sex to a HCV Infected Person who was Cohabiting with that HCV Infected Person at the date of the HCV Infected Person's death and to whom that HCV Infected Person was providing support or was under a legal obligation to provide support on the date of the HCV Infected Person's death; and
7. any other person to whom a HCV Infected Person was providing support for a period of at least three years immediately prior to the HCV Infected Person's death.

unless any person described above opts out of the Class Action in which he or she would otherwise be a Class Member.

"FPT Governments" means, collectively, (i) the government of Canada, (ii) the governments of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Québec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland (collectively, the "Provinces") and (iii) the governments of the Northwest Territories, Nunavut and the Yukon Territory (collectively, the "Territories").

"Fund Counsel" has the meaning set out in Section 1.01 of the Settlement Agreement.

"Grandchild" means the Child of a Child.

"Grandparent" means the Parent of a Parent.

"Guardian" includes a litigation guardian, guardian ad litem and other representative of a minor or mentally incompetent in litigation proceedings.

"HCV" means the Hepatitis C virus.

"HCV Antibody Test" means a blood test performed in Canada using a commercially available assay acceptable to the Administrator demonstrating that the HCV antibody is present in the blood of a person.

"HCV Infected Person" means a Primarily-Infected Person or a Secondarily-Infected Person.

"HCV Personal Representative" means the Personal Representative of a HCV Infected Person (whether deceased, a minor or mentally incompetent) who does not opt out of a Class Action.

"HIV" means the human immunodeficiency virus.

"HIV Secondarily-Infected Person" means a person who is entitled to receive compensation under the Program attached as Schedule C to the Settlement Agreement.

"Joint Committee" has the meaning set out in Section 1.01 of the Settlement Agreement.

"MPTAP" means the HIV Multi-Provincial/Territorial Assistance Program announced by the governments of the Provinces and Territories on 15 September 1993.

"Nova Scotia Compensation Plan" means the Nova Scotia HIV Assistance Program introduced in 1993 which provides financial assistance and other benefits to persons infected in Nova Scotia by HIV through the Canadian blood supply.

"Opted-Out HCV Infected Person" means an Opted-Out Primarily-Infected Person or a person who would otherwise be a Secondarily-Infected Person but is not because he or she opts out of the Class Action in which he or she would otherwise be a Class Member.

"Opted-Out Primarily-Infected Person" means a person who would otherwise be a Primarily-Infected Person but is not because he or she opts out of the Class Action in which he or she would otherwise be a Class Member.

"Parent" includes a person who has demonstrated a settled intention to treat a Child as a child of his or her family.

"PCR Test" means a polymerase chain reaction test result from a commercially available assay acceptable to the Administrator demonstrating that HCV is present in a sample of blood of the person.

"Pension Index" has the meaning set out in Section 7.02.

"Personal Representative" includes, if a person is deceased, an executor, administrator, estate trustee, trustee or liquidator of the deceased or, if the person is a minor or mentally incompetent, the tutor, committee, Guardian or curator of the person.

"Plan" means this Transfused HCV Plan including its Appendices, as amended, supplemented or restated from time to time.

"Primarily-Infected Person" means a person who received a Blood transfusion in Canada during the Class Period and who is or was infected with HCV unless:

1. it is established on the balance of probabilities by the Administrator that such person was not infected for the first time with HCV by a Blood transfusion received in Canada during the Class Period;
2. such person used non-prescription intravenous drugs, and such person has failed to establish on the balance of probabilities that he or she was infected for the first time with HCV by a Blood transfusion received in Canada during the Class Period; or
3. such person opts out of the Class Action in which he or she would otherwise be a Class Member.

"Prime Rate" means the rate of interest per annum established and reported by the Bank of Montreal, or such other bank as the Courts may direct, to the Bank of Canada from time to time as a reference rate of interest for the determination of interest rates that the Bank of Montreal, or such other bank as the Courts may direct, charges to customers of varying degrees of creditworthiness in Canada for Canadian dollar loans made by it in Canada.

"Referee" means a person appointed as a referee by the Courts pursuant to the provisions of Section 10.02 hereof and Article Ten of the Settlement Agreement.

"Secondarily-Infected Person" means:

1. a Spouse of a Primarily-Infected Person or Opted-Out Primarily-Infected Person who is or was infected with HCV by such Primarily-Infected Person or Opted-Out Primarily-Infected Person provided the Claim of the Spouse is made:

1. before the expiration of three years from the date the Primarily-Infected Person first makes a Claim, his or her HCV Personal Representative makes the first Claim on his or her behalf or the Opted-Out Primarily-Infected Person opts out;
2. in accordance with the provisions of Section 3.05(1), where a HCV Personal Representative makes the first Claim on behalf of a Primarily-Infected Person who is deceased; or
3. in accordance with the provisions of Section 3.08, where the Primarily-Infected Person has not made a Claim; or

2. a Child of a HCV Infected Person or Opted-Out HCV Infected Person who is or was infected with HCV by such HCV Infected Person or Opted-Out HCV Infected Person;

but does not include:

3. such Spouse or Child, if he or she used non-prescription intravenous drugs, and fails to establish on the balance of probabilities that he or she is or was infected for the first time with HCV by:

1. such Primarily-Infected Person or Opted-Out Primarily-Infected Person in the case of a Spouse; or
2. such HCV Infected Person or Opted-Out HCV Infected Person in the case of a Child; or

4. such Spouse or Child if he or she opts out of the Class Action in which he or she would otherwise be a Class Member.

"Settlement Agreement" means the agreement made as of 15 June 1999 between the FPT Governments and the plaintiffs in the Class Actions.

"Sibling" means a Child of one or both of the Parents of a HCV Infected Person.

"Spouse" means:

1. either of a man and a woman who,

1. are married to each other;
2. have together entered into a marriage that is voidable or void, in good faith on the part of the person asserting a right under this Plan;
3. have Cohabited for at least two years; or
4. have Cohabited in a relationship of some permanence if they are the natural Parents of a Child; or

2. either of two persons of the same sex who have lived together in a close personal relationship that would constitute a conjugal relationship if they were not of the same sex,

1. for at least two years; or
2. in a relationship of some permanence if they are the Parents of a Child.

"Term" means the period commencing on the Approval Date and ending on the date that this Plan is terminated by the Courts.

"Traceback Procedure" means a targeted search for and investigation of the donor and/or the units of Blood received by a HCV Infected Person.

"Trust" means the trust to be established by the FPT Governments pursuant to the Funding Agreement attached as Schedule D to the Settlement Agreement.

"Trust Fund" means the fund to be established by the FPT Governments pursuant to the Funding Agreement attached as Schedule D to the Settlement Agreement.

1.02 Headings (top)

The division of this Plan into Articles and Sections and the insertion of a table of contents and headings are for convenience of reference only and do not affect the construction or interpretation of this Plan. The terms "hereof", "hereunder" and similar expressions refer to this Plan and not to any particular Article, Section or other portion hereof. Unless something in the subject matter or context is inconsistent therewith, references herein to Articles, Sections and Schedules are to Articles, Sections and Schedules of this Plan.

1.03 Extended Meanings (top)

In this Plan words importing the singular number include the plural and vice versa, words importing any gender include all genders and words importing persons include individuals, partnerships, associates, trusts, unincorporated organizations, corporations and governmental authorities. The term "including" means "including without limiting the generality of the foregoing".

1.04 Statutory References (top)

In this Plan, unless something in the subject matter or context is inconsistent therewith or unless otherwise herein provided, a reference to any statute is to that statute as enacted on the date hereof or as the same may from time to time be amended, re-enacted or replaced and includes any regulations made thereunder.

1.05 Day for any Action (top)