National Administration Committee (NAC)

 

 

NAC Proceedings - a summary of issues and decisions dealt with by the National Administration Committee
 
What is the National Administration Committee (NAC) and what does it do?
The Common Experience Payment (CEP)

What About Billeted Students Who Were Moved Away From Their Community who did not live in the Residential Schools

Reconsideration and Appeal of the CEP Received
CEP Appeal Administrator
Unpaid Claims
Timing for Reconsideration
Appeal after Reconsideration
Independent Assessment Process
Truth and Reconciliation Commission
Additions of Schools to the Settlement Agreement

Call Centers

Formal Decisions of the NAC

 

 

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National Administration Committee

 

Our purpose is to provide current, accurate information about the progress, successes and problems with the implementation of the Common Experience Payment [CEP] and the Independent Assessment Process [IAP], as well as to keep you informed about the Truth and Reconciliation Commission, the commemoration fund and other aspects of the Settlement Agreement of interest to former students and members of their families and communities.  If you have any of your own comments, please feel free to write them in the comments section below.

 

 

What is the National Administration Committee (NAC) and what does it do?

First and foremost, the NAC is not an arm of the government. It exists because of a requirement in the Settlement Agreement.  The Agreement says the NAC must be set up with 7 members who are appointed by the parties who signed the Settlement Agreement.  Five of the voting members of the NAC represent former students. There is also 1 voting representative from the churches and 1 voting representative from Canada.

The NAC has responsibility for overseeing the proper implementation and administration of the Settlement Agreement, subject to the supervision of the Courts. It may seek necessary court orders as well as ensure that there is national consistency in the Settlement’s implementation.  

The NAC strives to make decisions by consensus.  Where consensus is not achieved, decisions require a majority vote of five members.  Where a decision requires increased funding, Canada must vote in favour.  Certain funding issues can be referred to the courts. It is the intention to periodically report the NAC decisions on this website.

A further function of the NAC is to act as an appeal body. The NAC will deal with appeals of denials or partial denials of the CEP after the reconsideration process is complete.  Appeals from the NAC may be made to the Court in the province in which the former student resides.

The NAC has been meeting since last fall when the Settlement Agreement came into force.  We meet once a month unless there is an urgent matter that must be dealt with sooner. We also communicate frequently by email.  Our regular meetings are scheduled for the third Thursday of each month.

For further descriptions of the NAC please see section 4.11 of the Settlement Agreement which more fully sets out its mandate.  The Settlement Agreement is on this site.

The current members of the NAC are as follows:

 

  1. The National Consortium – Jon Faulds/Dan Carroll [Alberta]
  2. Merchant Law Group – Tony Merchant  [Saskatchewan]
  3. Independent Counsel – Peter Grant [British Columbia]
  4. Assembly of First Nations – Kathleen Mahoney [Alberta]
  5. Inuit Organizations – Gilles Gagné [Quebec]
  6. Church Organizations – Alex Pettingill/Rod Donlevy [Ontario, Saskatchewan]
  7. Canada – Catherine Coughlan [Alberta]

 

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The Common Experience Payment (CEP)

As of December 15, 2009, the Government of Canada has received over 99,000 applications for the CEP and has processed over 95,000 claims. $1,541 billion in payments has been paid out as of December 15, 2009.

Current statistics regarding the common experience payment process may be viewed by visiting www.ainc-ianc.gc.ca or by clicking here.

There are many reasons why a claimant might receive less than they applied for.  The school records may not be complete.  The application may not be properly completed.  The application might be in part in respect of an institution that was not a residential school.  This is why we have approved a reconsideration process prior to an appeal.

Claimants who received more than they claimed were found to have attended more school years than they remembered.

We are concerned with the large number of claimants who have received less than they claimed.  We were also concerned with the initial lack of information provided to the survivors about the reconsideration and appeal process. As a result of the NAC’s efforts, the letters sent to claimants are now more informative and we are pleased to see that many claimants have followed the advice set out in them and have applied for reconsideration of their CEP awards. We expect that the reconsiderations and appeals will be dealt with quickly and fairly.

 

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What About Billeted Students Who Were Moved Away From Their Community who did not live in the Residential Schools

Claimants should note that day school attendance does not qualify for a CEP payment.  Some of those whose claims have been rejected or whose claims are less than expected may have claimed for day school attendance while being billeted away from the School. The NAC is presently discussing the issue of whether a former student who was moved from his or her community and boarded outside of the school residence so that he or she could attend classes at the school should be eligible for the CEP.

 

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Reconsideration and Appeal of the CEP Received

If you are a claimant and you have received less than the amount claimed for the CEP, you have a right to have the decision reconsidered.  You do not need to add any more information but only need to apply for reconsideration. However, if you have additional information to provide, this will help your claim (and maybe others) and you should provide it.

You must apply for reconsideration promptly and in no event later than the date indicated in the letter you received.  If in any doubt, apply right away.

Anyone who applies for reconsideration will have all documents and information reviewed and, in appropriate cases, will be contacted to see if he or she has any additional evidence of their school attendance to offer.  This process is underway now.  To obtain more information about reconsideration you can call, fax, email or write to:

 

Common Experience Payment Response Centre

P.O. Box 5260

Nepean LCD Merivale

Ottawa, Ontario  K2C 3H5

Fax:  1-866-352-4080

Email:  reconsideration@aandc-aadnc.gc.ca

Toll Free:  1-866-565-4526

To obtain more information about appeals you can write to or call:

 

 

CEP Appeal Administrator
Suite 3 – 505, 133 Weber St. N.
Waterloo, ON N2J 3G9

Toll Free: 1-866-879-4916

 

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Unpaid Claims

As of May 2, 2008, there were approximately 5,500 claims that had been processed but had not yet been paid nor deemed eligible for payment.  These claims were being manually reviewed by researchers to determine eligibility for payment.  Claimants may have been contacted and asked to provide more information to assist in verifying the claims.

 

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Timing for Reconsideration

In most cases it is anticipated that Reconsideration will take place within 90 days of the Reconsideration request being received. Some complex cases may take up to 160 days. 

 

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Appeal after Reconsideration

If you wish to appeal you must apply for reconsideration first. If a former student is not satisfied with his/her payment after the reconsideration process, an appeal may be made to the NAC.  More information on the Appeal Process will be provided at the time the reconsideration decision is made.  A person will have 12 months to appeal to the NAC after they have been notified of the decision on reconsideration.  Therefore, persons do not need to be concerned that they have lost their right of appeal so long as they promptly apply for reconsideration.

 

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Independent Assessment Process

The Independent Assessment Process is up and running. For more information on the Independent Assessment process, please visit the Independent Assessment Process website at www.iap-pei.ca or click here.

 

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Truth and Reconciliation Commission

Information about the Truth and Reconciliation Commission may be obtained by visiting www.trc-cvr.ca or by clicking here.

 

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Additions of Schools to the Settlement Agreement

There have been 13,000 requests to add 1,300 schools to the list of eligible schools under the Settlement Agreement.  Thus far, the following three schools have been added:

1. St. Paul’s Hostel, Dawson City, Yukon for the years:  September 1920 to June 1943

2. Anahim Lake Dormitory, Anahim, British Columbia for the years:  September 1968 to June 1977

3. Cote Improved Federal Day School, Kamsack, Saskatchewan for the period September 1928 to June 1940

Persons who attended these schools in the eligible years may apply for CEP. If you have already applied, expect a delay as the documents related to the additional schools are still being added to the data base.

The NAC will be reviewing the reasons for not adding the remaining schools.  If there are questions as to the decision for denial, the NAC can apply to the Courts for review of those denials. We have not yet been given the reasons for the denials.

 

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Call Centers

There have been issues of claimants’ identity security and access to information with respect to the call centers. If claimants are having difficulty with the call centers please let us know.

 

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Formal Decisions of the NAC

From time to time, the NAC is required to make decisions when and if issues arise that need clarification or a decision needs to be made that requires formalization. Some of the important decisions made by the NAC are as follows:

 

  1. Part of our job is to produce operating guidelines, which are called Protocols. On September 28, 2007, we approved certain amendments to the CEP Appeal Protocol
  2. On October 12, 2007, there were specific guarantor requirements in Québec for the Common Experience Payment as a result of the law in Québec which is different than the rest of the Country with respect to the issue of Guarantors.  We made the amendments to allow for Guarantors to be utilized in Québec in accordance with Québec law.
  3. On October 18, 2007, we voted on the Neutral Chair, Mayo Moran, for the IAP Adjudicator Secretariat and approved Dan Ish as the Chief Adjudicator to replace Ted Hughes.
  4. On October 30, 2007, the prioritization of elder CEP Applications was approved by the NAC.
  5. On January 17, 2008, the NAC approved a practice direction submitted by the IAP Oversight Committee, a copy of the practice direction is appended at the end of this website. (make a link for the practice direction)
  6. On February 15, 2008, NAC finalized the CEP Protocol and the CEP Appeal Protocol for submission to the Courts.  As soon as the Courts have approved these Protocols, they will be posted on this website.
  7. On March 20, 2008, the NAC approved amendments to identity documentation requirements regarding the CEP application form.  These amendments clarified the requirements for identity and established alternate documents to expedite the processing of CEP applications.
  8. On April 17, 2008, the NAC approved proposed changes to the text of the original Schedule P to the Agreement to remove paragraph 13, which may have had an adverse affect on claimants eligible for the CEP.  Furthermore, there was a correction to the terminology of the IAP which should refer to Independent Assessment Process.
  9. On May 7, 2008, the NAC approved the language of the NAC website so that it could be put up to provide access and information to survivors.

 

 More details of the Settlement Agreement are available at www.residentialschoolsettlement.ca

 

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NAC Proceedings

 

Please click on the hearing dates listed below to view a summary of what occurred at each meeting.

 

Hearing Date:

January 27-28, 2010

February 22-23, 2010

 

 

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January 27-28, 2010

The National Administration Committee held its January 2010 meeting in Calgary on January 27 and 28.  The Committee reviewed and decided 136 appeals relating to the Common Experience Payment, returning one appeal to INAC-Research for further information.  It also decided the following:

 

 

 

The next meeting of the NAC will be held in Montreal on February 22 and 23, 2010.

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February 22-23, 2010

The National Administration Committee held its February 2010 meeting in Montreal on February 22 and 23.  The Committee reviewed and decided 88 appeals relating to the Common Experience Payment.  It also decided the following:

 

 

 

 

The next meeting of the NAC will take place in Toronto March 23 and 24.

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