In March 2019, Imperial Tobacco Canada Limited, Rothmans, Benson & Hedges Inc. and JTI-Macdonald Corp (the “Tobacco Companies”) began insolvency proceedings in Canada under the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 (“CCAA”), following a class-action judgment in Quebec ordering them to pay over $13.5 billion.

As part of the CCAA proceedings, the Tobacco Companies participated in court-supervised mediation to reach a Global Settlement with their creditors, including the Provinces and Territories, the Plaintiffs from the Quebec class action, and PCC Representative Counsel, who was appointed by the Court to represent Canadian tobacco-victims, other than those covered by the Quebec Class Action. On March 6, 2025, Chief Justice Geoffrey B. Morawetz of the CCAA Court approved the Settlement.

CCAA stands for Companies’ Creditors Arrangement Act.

The CCAA allows companies in serious financial difficulty to continue operating, while they work out how to deal with their debts.

The court grants the company protection in the form of a stay of proceedings against the company, so that it can negotiate a compromise with those to whom it owes money (its “creditors”).

The purpose of the stay of proceedings under the CCAA is to give a company time to reorganize or negotiate with its creditors so that it can pay its debts and stay in business.

As part of the Settlement, two compensation plans were created to compensate eligible smokers and ex-smokers diagnosed with Lung Cancer, Throat Cancer or Emphysema or COPD (GOLD Grade III or IV):

1. The Pan-Canadian Claimants’ Compensation Plan (“PCC Compensation Plan”) – for people diagnosed in Canada between March 8, 2015 and March 8, 2019, inclusive of those dates, and in some cases their estates; and
2. The Quebec Class Action Administration Plan (“QCAP Plan”) – for Blais Class Members diagnosed in Quebec before March 12, 2012, and their heirs.

A “Tobacco-Victim” is a person who suffers from a Tobacco-Related Disease.

Tobacco-Victims who meet the PCC Eligibility Criteria are eligible for compensation under the PCC Compensation Plan. If the Tobacco-Victim is deceased, but was alive on March 8, 2019, their estate is also eligible for compensation.

Tobacco-Victims who meet the QCAP Eligibility Criteria are eligible for compensation under the QCAP Plan. If the Tobacco-Victim is deceased, but was alive on November 20, 1998, their estate or heirs (referred to as a “Succession Claimant”) are eligible for compensation.

A “Succession Claimant” is either: (i) the liquidator of the estate of a deceased Tobacco-Victim; (ii) an Heir of a deceased Tobacco-Victim; or (iii) an heir of an Heir of a deceased Tobacco-Victim. There is a specific Claim Form, the QCAP Succession Claim Form, to be used by Succession Claimants. The QCAP Succession Claim Form outlines the documentation required by a Succession Claimant to prove that they are entitled to file the claim.

An “Heir” for purposes of the QCAP Plan is a person: (i) who is named in the deceased Tobacco-Victim’s will or in a registered marriage contract; or (ii) who is entitled by operation of law per the Civil Code of Quebec to share in the deceased Tobacco-Victim’s estate. If the Heir is deceased, the estate or heirs of the Heir are entitled to the Heir’s share of the compensation payment.

In order to qualify for compensation under the QCAP Administration Plan, the Tobacco-Victim must:

1. reside in Quebec (or if deceased, have resided in Quebec at the time of their death);
2. have smoked a minimum of 87,600 cigarettes (also called “Twelve Pack-Years”) sold by the Canadian Tobacco Companies between January 1, 1950 and November 20, 1998;
   
   Note: This Calculator will assist you to calculate the number of cigarettes that you smoked.
   
   
3. have been diagnosed before March 12, 2012 with:
   1. Primary lung cancer (“Lung Cancer”); or
   2. Primary cancer (squamous cell carcinoma) of the larynx, oropharynx, or the hypopharynx (“Throat Cancer”); or
   3. Emphysema or COPD (GOLD Grade III or IV).
4. have resided in Quebec on the date of diagnosis with Lung cancer, Throat cancer, or Emphysema or COPD (GOLD Grade III or IV);
   
   AND
   
   have been alive on November 20, 1998.

The heirs of a tobacco victim meeting these criteria are also entitled to compensation if the victim died after November 20, 1998.

Canadian smokers or ex-smokers who were diagnosed between March 8, 2015 and March 8, 2019, may be eligible for compensation under the Pan-Canadian Claimant Compensation Plan (PCC Compensation Plan).

In order to qualify for compensation under the QCAP Plan, a Tobacco-Victim must have been diagnosed in Canada before March 12, 2012 with one of the following diseases (the “Compensable Diseases”):

Primary lung cancer (“Lung Cancer”);

Primary throat cancer, specifically squamous cell carcinoma of the larynx, oropharynx, or hypopharynx (“Throat Cancer”); or

Emphysema or chronic obstructive pulmonary disease (COPD), classified as GOLD Grade III or IV.

Canadian smokers or ex-smokers who were diagnosed with one of the above diseases between March 8, 2015 and March 8, 2019, may be eligible for compensation under the PCC Compensation Plan.

Video coming soon

If you were diagnosed after March 12, 2012, you do not qualify under the Plan. While we understand this may be disappointing, in the Blais trial judgment, the Superior Court of Quebec established March 12, 2012, the first day of the trial, as the date by which QCAP Claimants must have been diagnosed with lung cancer, throat cancer or Emphysema.

Although not everyone will qualify for direct compensation, the Cy-près Foundation, created as part of the court-approved CCAA Plans, is designed to provide indirect benefits to a broader group of people in Canada who have been affected by tobacco-related harm, but do not meet the Eligibility Criteria. The Foundation has been allotted $1 billion to fund research, programs and initiatives aimed at improving outcomes in Tobacco-related Diseases.

Important note: The QCAP Eligibility Criteria were reviewed and approved by the Quebec Superior Court. Neither the QCAP Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.

Individuals who live in Quebec who meet the PCC Eligibility Criteria described in PCC FAQ 8 may be eligible for the PCC Compensation Plan.

If you reside in Quebec and you do not meet the PCC Eligibility Criteria described in PCC FAQ 8 you are not eligible for compensation under the PCC Compensation Plan.

However, you may qualify to receive compensation under the Quebec Administration Plan, if you meet all the following criteria:

1. you reside in Quebec (If the Tobacco-Victim is deceased, they must have resided in Quebec on the date of their death);
2. between January 1, 1950 and November 20, 1998, you smoked a minimum of 87,600 cigarettes sold by the Canadian Tobacco Companies.
   
   Note: This Calculator will assist you to calculate the number of cigarettes smoked.
   
   
3. before March 12, 2012, you were diagnosed with:
   1. Lung cancer, or
   2. Throat cancer, or
   3. Emphysema or COPD (GOLD Grade III or IV); and
4. on the date of your diagnosis with Lung cancer, Throat cancer or Emphysema or COPD (GOLD Grade III or IV) you resided in Quebec.

If you’re an heir of a person who died after November 20, 1998 in Quebec and satisfied the above criteria, then you may submit a claim under the Quebec Class Action Administration Plan.

You are only permitted to make one claim for compensation, either under the Quebec Administration Plan or under the PCC Compensation Plan. You cannot make a claim to both Claims Processes. You may determine whether you are eligible to receive compensation under the Quebec Class Action Administration Plan here.

If you are unsure whether you fall under the QCAP or PCC Plan, you can take a short questionnaire here.

Under the PCC and QCAP Plans, a person’s place of residence is the province or territory that issued their health insurance card and/or their driver’s licence. A Tobacco-Victim must meet all three residency criteria below:

1. Residency while smoking: If the PCC or QCAP Claim Form shows the Tobacco-Victim smoked 87,600 cigarettes sold by the Tobacco Companies in Canada between January 1, 1950, and November 20, 1998, this is to be considered proof that they resided in Canada during this period.
2. Residency at time of diagnosis: The QCAP Claim Form requires an answer to the question, “Did the Tobacco-Victim reside in Quebec on the date of diagnosis?” Residence on the date of diagnosis may be established based on the province or territory which issued the Tobacco-Victim’s health insurance card number that appears on the medical documents proving a Compensable Disease.
3. Residency at time of submitting a claim (or at time of death): If the Tobacco-Victim is living, the QCAP Claim Form asks the question, “Does the Tobacco-Victim currently reside in Quebec?” If the Tobacco-Victim is deceased, the QCAP Claim Form asks the question “Did the Tobacco-Victim reside in Quebec on the date of their death?” Residence at death of QCAP is proven by submitting one of the acceptable documents listed in the QCAP Succession Claim Form.

November 20, 1998 was the date of filing of the initial class action claim. In 2005, the judge who authorized the class action first determined that a member had to be alive when the action was filed, that is, on November 20, 1998. This date was then retained in the Superior Court judgment in 2015 and was subsequently confirmed by the Quebec Court of Appeal on March 1, 2019.

Although not everyone will qualify for direct compensation, the Cy-près Foundation, created as part of the court-approved CCAA Plans, is designed to provide indirect benefits to a broader group of people in Canada who have been affected by tobacco-related harm, but do not meet the Eligibility Criteria. The Foundation has been allotted $1 billion to fund research, programs and initiatives aimed at improving outcomes in Tobacco-related Diseases.

Important note: The QCAP Eligibility Criteria were reviewed and approved by the Quebec Superior Court. Neither the QCAP Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.

The Breach Period from January 1, 1950 to November 20, 1998 was set based on findings from major class action lawsuits in Quebec brought on behalf of smokers. In these cases, the Quebec Superior Court examined the conduct of the Tobacco Companies and found them legally responsible for harm caused to smokers. The Quebec Court of Appeal upheld this finding.

The start date, 1950, reflects when the companies’ actions that led to their legal responsibility began. The end date, November 20, 1998, is approximately two and a half years after what the Court referred to as the “Public Knowledge Date”—when it was determined that people knew, or reasonably should have known, about the serious health risks and addictive nature of smoking. The Quebec compensation process informed the design of the PCC Compensation Plan.

In the Quebec class actions, the Courts also accepted expert evidence showing that a person needed to have smoked at least 87,600 cigarettes (equivalent to twelve pack-years) during this period to establish a strong enough link between their smoking and the diseases covered under the Plan.

In sum, these criteria were developed based on extensive evidence and legal arguments presented in court, carefully reviewed, and ultimately upheld on appeal. The criteria were then adopted under the PCC Compensation Plan to provide a fair, evidence-based approach to compensation for people across Canada—not just those in Quebec.

Important note: The QCAP Eligibility Criteria were reviewed and approved by the Quebec Superior Court. Neither the QCAP Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.

The requirement for the Tobacco-Victim to have smoked 87,600 of the Tobacco Companies’ cigarettes (equivalent to twelve pack-years) between January 1, 1950 and November 20, 1998 comes from major class action lawsuits in Quebec that were brought on behalf of smokers against the Tobacco Companies.

In these cases, the Quebec Superior Court heard and ultimately accepted expert evidence showing that a person needed to have smoked at least 87,600 cigarettes during this period to establish a strong enough link between their smoking and the diseases covered under the Plan. This decision was reviewed and upheld by the Quebec Court of Appeal.

In sum, this standard was developed based on extensive evidence and legal arguments presented in court, carefully reviewed, and ultimately upheld on appeal. It was then adopted under the PCC Compensation Plan to provide a fair, evidence-based approach to compensation for people across Canada—not just those in Quebec.

Important note: The QCAP Eligibility Criteria were reviewed and approved by the Quebec Superior Court. Neither the QCAP Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.

The QCAP Administration Plan covers only certain diseases that have been proven to have a very strong link to smoking. These are primary lung cancer, certain throat cancers (primary squamous cell cancer of the larynx, oropharynx, or hypopharynx), and Emphysema or severe or very severe COPD (classified as GOLD Grade III or IV).

In the Quebec class action trials against the Tobacco Companies, the Quebec Superior Court heard extensive evidence that smoking at least 87,600 cigarettes (equivalent to twelve pack-years) had a strong causal link to the development of each of the compensable diseases.

These specific diseases were chosen because they are strongly and clearly linked to smoking. This allows for a fair, practical and efficient compensation process that does not require each person to prove individually that smoking caused their disease (as opposed to other factors like lifestyle or genetics). Diseases with weaker links to smoking were not included because they would require complex individual medical assessments.

Although not everyone will qualify for direct compensation, the Cy-près Foundation, created as part of the court-approved CCAA Plans, is designed to provide indirect benefits to a broader group of people in Canada who have been affected by tobacco-related harm, but do not meet the Eligibility Criteria. The Foundation has been allotted $1 billion to fund research, programs and initiatives aimed at improving outcomes in Tobacco-related Diseases.

Important note: The QCAP Eligibility Criteria were reviewed and approved by the Quebec Superior Court. Neither the QCAP Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.

To qualify for compensation under the QCAP Administration Plan, a Tobacco-Victim must have been living in Quebec at the time they were diagnosed with a compensable disease and also at the time they submit their claim (or at the time of death, if the person has passed away).

The QCAP Administration Plan is intended to compensate people who lived in Quebec when they were harmed by the conduct of the Tobacco Companies, and who are current residents of Quebec. The legal claims that led to the QCAP Administration Plan were based on how the Tobacco Companies’ actions—such as misleading the public about the health risks of smoking-caused harm within Quebec. Legally, the harm is considered to take place where the diagnosis occurred. As a result, eligibility is limited to people who were living in Quebec at the time of diagnosis, and at the time of claim submission (or death).

The QCAP Administration Plan does not provide compensation for people who were living outside Quebec when they were harmed or when they submitted their claim.

Although not everyone will qualify for direct compensation, the Cy-près Foundation, created as part of the court-approved CCAA Plans, is designed to provide indirect benefits to a broader group of people in Canada who have been affected by tobacco-related harm, but do not meet the Eligibility Criteria. The Foundation has been allotted $1 billion to fund research, programs and initiatives aimed at improving outcomes in Tobacco-related Diseases.

Important note: The QCAP Eligibility Criteria were reviewed and approved by the Quebec Superior Court. Neither the QCAP Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.

If you were diagnosed outside of Canada, unfortunately, you do not qualify for compensation under the QCAP Administration Plan.

The QCAP Administration Plan is intended to compensate people who lived in Quebec when they were harmed by the conduct of the Tobacco Companies, and who are current residents of Quebec. The legal claims that led to the QCAP Administration Plan were based on how the Tobacco Companies’ actions—such as misleading the public about the health risks of smoking-caused harm within Quebec. Legally, the harm is considered to take place where the diagnosis occurred. As a result, eligibility is limited to people who were living in Quebec at the time of diagnosis, and at the time of claim submission (or death).

Important note: The QCAP Eligibility Criteria were reviewed and approved by the Quebec Superior Court. Neither the QCAP Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.

The maximum amounts to be paid under the PCC Compensation Plan are lower than the maximum amounts to be paid under the Quebec Administration Plan because the legal systems and processes available to claimants outside Quebec are different, and in many ways, more challenging.

In Quebec, the Courts had already completed a full trial and appeal process and found the Tobacco Companies legally responsible for causing harm to Quebec class members. That allowed compensation amounts to be set by the Court through a final judgment.

Outside of Quebec, while some actions had been filed, none had advanced beyond that, and people in the rest of Canada still faced many legal and evidentiary hurdles. For example, the rules around proving that smoking caused a particular disease are harder to meet in other provinces and territories. As a result, even if actions had been substantially advanced against the Tobacco Companies outside of Quebec, individuals may have needed to go to court to prove their claims one by one, as opposed to through a class action, which would have been a long, complex, prohibitively expensive, and uncertain process.

By participating in the national resolution process under the CCAA, people who do not fall under the Quebec class actions are able to access compensation through the PCC Compensation Plan that would not have been available to them otherwise. To reflect that the Quebec class actions were fought for decades, successful at trial and upon appeal, and had compensation set by the Courts, the maximum payments under the Quebec Administration Plan are higher than those under the PCC Compensation Plan.

The compensation amounts under both the PCC and Quebec Plans are subject to pro rata reduction, meaning the actual amounts paid may be lower than the maximums listed, depending on the number of approved claims. The final compensation amounts will not be known until all claims are reviewed and assessed.

Important note: The QCAP Eligibility Criteria were reviewed and approved by the Quebec Superior Court. Neither the QCAP Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.

If you started smoking on or after January 1, 1976, your compensation under the QCAP Administration Plan will be reduced by 20%. This is because people who began smoking on or after that date are considered to have had more access to public information about the health risks of smoking, and the law considers them to be partly responsible for their decision to start or continue smoking.

This approach is based on court findings from the Quebec class actions. In these cases, the Courts decided that people who started smoking before January 1, 1976, could not reasonably have known how dangerous smoking was at the time, so they were not considered at fault and were entitled to full compensation. In contrast, those who began smoking on or after January 1, 1976 were found to be 20% contributorily negligent, meaning they were partially responsible for the harm they suffered, and received 80% of the compensation amount.

To keep things fair across Canada, and to treat those eligible under the PCC Compensation Plan the same way as those in the Quebec class actions, the PCC Compensation Plan applies this same rule.

Important note: The QCAP Eligibility Criteria were reviewed and approved by the Quebec Superior Court. Neither the QCAP Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.

“Primary cancer” is a medical term referring to the original site where the cancer first develops—the organ or tissue where the cancer began.

“Secondary cancer” or “metastatic cancer” are medical terms used when the cancer has spread from its original site to other organs or tissues in the body.

For example, “primary lung cancer” means the cancer started in the lungs. This is different from a case where cancer begins in another part of the body—like the kidney—and later spreads to the lungs. In that case, the lung cancer is considered secondary, not primary.

In this example, even though cancer cells may have developed in the lungs, the cancer is NOT considered a primary lung cancer. It is a primary kidney cancer and is therefore not covered under the QCAP Administration Plan.

Video coming soon

The term “throat” or “throat cancer” is regularly used, but it is not a medical term.

What we commonly call “throat” actually refers to different parts of the upper aerodigestive tract, not all of which are covered by the QCAP Administration Plan

• The oral cavity is not included, while the larynx is.
• 2 of the 3 parts of the pharynx, the hypopharynx and oropharynx, are included.
• Furthermore, the oropharynx contains several structures, including the base of the tongue (the back third of the tongue). Cancer of the base of the tongue is considered a QCAP Compensable Disease.
• However, the front two-thirds of the tongue—also called the “body of the tongue”—are not part of the oropharynx. They are part of the oral cavity instead, and cancers in this area are not included in the QCAP Administration Plan.

If you have throat cancer, check which diagnosis you have received.

If you are unsure, contact the QCAP Agent (Proactio) for assistance.

Video coming soon

The Global Initiative for Chronic Obstructive Lung Disease (“GOLD”) developed a four-grade classification system for COPD based on severity of airflow limitation and other diagnostic parameters.

The most advanced stages of COPD are:

• GOLD Stage III – Severe;
• GOLD Stage IV – Very Severe.

These stages represent the most serious forms of COPD and are often associated with emphysema.

Emphysema is a degenerative lung disease that occurs when lung tissue breaks down and loses its elasticity.

Emphysema, chronic bronchitis, and asthma are part of a group of illnesses known as Chronic Obstructive Pulmonary Diseases (“COPD”). These three diseases are distinct but overlap considerably. They are all characterized by shortness of breath, chronic cough, and increased sputum production.

In recent years, medical professionals have increasingly used the term COPD rather than emphysema when making a diagnosis. As clinical habits have changed over time, it is possible that a diagnosis of COPD may, in fact, refer to emphysema.

Video coming soon

Only Lung Cancer, Throat Cancer, Emphysema and COPD (GOLD Grade III or IV) are covered by the PCC and QCAP Plans. However, a $1 billion charitable foundation has been created as part of the CCAA Plans to fund research, programs and initiatives aimed at improving outcomes in Tobacco-related Diseases.

To facilitate the process of proving Tobacco-Victims’ diagnoses for QCAP claimants, the Claims Administrator will request the official records, including from RAMQ, the MSSS, the Quebec Cancer Registry, and the MED-ÉCHO database. Both the QCAP Agent (Proactio) and Claims Administrator will have access to this information. If an official confirmation of disease/diagnosis cannot be made from these sources, the Claims Administrator will contact you to request that you submit an alternative method of proof.

By way of example only, such proof may include:

• a copy of a pathology report which confirms that the Tobacco-Victim was diagnosed with Lung Cancer or Throat Cancer, as applicable, before March 12, 2012;
• a copy of a report of a spirometry test performed on the Tobacco-Victim before March 12, 2012, demonstrating a FEV1 (non-reversible) of less than 50% of the predicted value to establish a diagnosis of Emphysema or COPD (GOLD Grade III or IV);
• an extract from the Tobacco-Victim’s medical records or a written statement of the Tobacco-Victim’s Physician.

Do not submit any alternative evidence unless it has been explicitly requested from you by way of a Notice from the Claims Administrator entitled “Notice to Provide Alternative Proof.”

If requested, when submitting your Alternative Proof electronically, please name the PDF document “[insert health insurance card number]-Alternative Medical Proof.pdf” as applicable.

Please note that any fees charged by your doctor or hospital for copies of medical records will be your responsibility.

If you require assistance obtaining the necessary documents, the QCAP Agent will provide guidance and support during the claims process. However, the QCAP Agent cannot guarantee that records will be located or that the records obtained will meet the QCAP Administration Plan’s evidentiary requirements. The QCAP Agent accepts no responsibility if records cannot be obtained or if the records are incomplete, inaccurate, or insufficient to support your Claim.

While the QCAP Agent can help answer your questions and help you prepare your claim package, it cannot guarantee that your claim will be approved for payment.

You can contact the QCAP Agent (Proactio) by phone at 1-888-880-1844 or by email at tabac@proactio.ca.

QCAP Succession Claims must be submitted by the Liquidator to the Estate of the deceased Tobacco-Victim, where there is a Liquidator appointed and still acting in that capacity. If there is no acting Liquidator to the Estate of the deceased Tobacco-Victim, including if the Estate is no longer open, then Succession Claims may be submitted by individual Heirs. Where an Heir has died, Succession Claims may also be submitted by a person who takes the claim of the deceased Heir by representation.

If a Succession Claim is submitted by a Liquidator, Proof of Succession Status will need to be proven with Supporting Documents, together with the appropriate Declaration included in the Succession Claim Form.

If you have questions, you can contact the QCAP Agent (Proactio) by phone at 1-888-880-1844 or by email at tabac@proactio.ca for assistance.

To submit a claim on behalf of a deceased Tobacco-Victim, you will need documentation proving that you are the acting Liquidator of the Estate, the Heir or heir of the Heir of the deceased Tobacco-Victim.

Suggested Next Steps:

Before beginning the legal estate process, we recommend that you try to confirm the Tobacco-Victim’s diagnosis and date of diagnosis. To do this, you should first contact the Health Records Department at the hospital where the Tobacco-Victim may have received their diagnosis.

If you are unable to obtain the records from the Hospital Records Department, the receptionist or administrative staff at the Tobacco-Victim’s former family doctor’s office may be able to check whether a qualifying diagnosis was made and on what date.

This may help you decide whether it’s worth proceeding with obtaining formal estate documentation, which can involve legal costs.

Please note that you will likely need proof of authority (such as estate documents) to access health records from medical providers. However, in some limited cases, hospital records departments or physician offices may be in a position to confirm a diagnosis and date with limited information, especially if you explain it’s for a compensation claim. While this is not guaranteed, you may wish to try contacting them to see what is possible.

Once a diagnosis has been confirmed, you will need to speak with an estate lawyer to obtain the necessary estate documentation to move forward with the claim. You are responsible for covering any fees that may be charged.

Before proceeding, we encourage you to consider whether pursuing a claim makes sense for your situation. This may depend on a few things, such as the type of diagnosis the Tobacco-Victim received, the maximum amount of compensation available for that diagnosis (which may ultimately be less), and the estimated cost of obtaining estate documents through a lawyer. This is a personal decision and should be based on your situation and the potential benefits of continuing with the claim.

If you have questions, you can contact the QCAP Agent (Proactio) by phone at 1-888-880-1844 or by email at tabac@proactio.ca for assistance.

You will not have to provide documents such as receipts or photos. Instead, you will be able to prove the date you began smoking and the number of cigarettes smoked through a sworn declaration, stating that the information you have provided in the Claim Form is true.

The QCAP Agent (Proactio) has Commissioners of Oaths who can commission your signature on your Claim Form at no cost.

The Tobacco-Victim must have smoked at least 87,600 cigarettes sold by the Tobacco Companies between January 1, 1950 and November 20, 1998. This is also called “Twelve Pack-Years,” which is calculated as any combination of the number of cigarettes smoked in a day multiplied by the number of days of consumption. The smoking can be over multiple time periods, even with breaks in between.

For example, Twelve Pack-Years equals:

1. 10 cigarettes smoked per day for 24 years (10 x 365 x 24) = 87,600 cigarettes; or
2. 20 cigarettes smoked per day for 12 years (20 x 365 x 12) = 87,600 cigarettes; or
3. 30 cigarettes smoked per day for 8 years (30 x 365 x 8) = 87,600 cigarettes.

Note: This Calculator will assist you to calculate the number of pack-years that you smoked.

The Tobacco-Victim must have smoked one or more of the following brands of cigarettes sold by the Tobacco Companies between January 1, 1950 and November 20, 1998, to qualify to receive money under the QCAP Plan:

The following table shows the maximum amounts available to claimants that meet the Eligibility Criteria for each disease covered by the QCAP Plan. Eligible claimants will receive compensation for the one disease that results in the highest payment.

The amounts listed above represent the maximum compensation that may be awarded. Even if you qualify, you may receive less than the maximum, depending on the overall number of eligible claims and the total amount available for distribution.

Final amounts for QCAP will only be determined after the QCAP Claims Deadline of August 31, 2026 has passed and all QCAP claims have been processed.

Once a payment date has been determined, it will be posted on this website, TobaccoClaimsCanada.ca.

No. If a Tobacco-Victim has been diagnosed with more than one compensable disease, they will only receive one compensation payment under the QCAP and PCC Compensation Plans.

The amount paid will correspond to the compensable disease that qualifies for the highest compensation amount based on the scale provided in the Plan.

If you are a Quebec resident, you may only be eligible under either the QCAP or PCC Compensation Plan. If you are unsure whether you fall under the QCAP or PCC Plan, you can complete a short questionnaire here.

No. Compensation received under the PCC and QCAP Plans will not be considered income and is therefore not taxable.

In general, compensation for personal injury is excluded from income under Canadian tax law. For more information, you may refer to Canada Revenue Agency bulletin IT-365R2.

If you have questions about your personal tax situation, you may wish to consult a tax professional.

At this time, we are unable to provide a specific date for when payments will be distributed to eligible claimants.

After the deadline for QCAP claims to be submitted has passed on August 31, 2026, the Claims Administrator will complete its review of submitted QCAP claims and will then distribute payment.

The timing of this process depends on several factors, including the number of claims received and other logistical considerations.

Each compensation plan has a dedicated Official Agent to help you with your claim, free of charge. Proactio is the Official Agent for the Quebec Administration Plan .

The QCAP Agent’s role is to assist Tobacco-Victims or their representatives, free of charge, with gathering the necessary documentation and submitting their claim packages under the QCAP Plan. This includes:

• answering questions and helping you fill out the QCAP Tobacco-Victim Claim Form or Succession Claim Form based on information you provide;
• providing guidance on how to obtain the necessary information and documents for your claim; and
• providing a free commissioning service, where the Claim Form can be sworn or affirmed remotely before a Commissioner of Oaths.

You can contact the QCAP Agent (Proactio) by phone at 1-888-880-1844 or by email at tabac@proactio.ca.

You do not need to hire a lawyer to file a claim.

Epiq was appointed by the Court to be the Claims Administrator for the PCC Compensation Plan and the QCAP Plan.

The Claims Administrator is responsible for receiving completed claim packages, reviewing the documentation and confirming eligibility, communicating with claimants and distributing compensation to eligible claimants.

If you have submitted your complete Claim Package, but have questions for the Claims Administrator, the Claims Administrator can be reached at info@TobaccoClaimsCanada.ca or toll-free at 1-888-482-5852.

You can file your Claim Form with supporting documents in any of the following ways:

• Online, through the Claims Administrator’s website, here;
• Email to info@TobaccoClaimsCanada.ca;
• Fax to 1-866-262-0816;
• Registered Mail, sent to the following address, postmarked by the Claims Deadline:
  
  Tobacco Claims Canada
  Claims Administrator
  P.O. Box 2958 STN B
  Ottawa ON K1P 5W9

NOTE: The QCAP Plan and the PCC Plan have different Claim Deadlines.

• The QCAP Claim Submission Period is twelve (12) months and the QCAP Claim Deadline is August 31, 2026.
• For the PCC Compensation Plan, the Claim Submission Period is twenty-four (24) months (rather than twelve (12) months), and the PCC Claim Deadline is September 3, 2027.

Your claim will be deemed to be received only when the Claim Form and all supporting documents are received by the Claims Administrator . Claimants will be sent an Acknowledgement of Receipt of Claim by email or mail once their Claim Form with supporting documents has been received by the Claims Administrator. You must keep the record of transmission of your Claim Form until you receive the Acknowledgement of Receipt of Claim.

If you need help, such as understanding the Claim Form, gathering documents, or arranging for commissioning, you can contact the QCAP Agent (Proactio) by phone at 1-888-880-1844 or by email at tabac@proactio.ca.

Please do not submit your claim more than once or through multiple methods.

For QCAP Claimants, the Régie de L'assurance Maladie du Québec (“RAMQ”) and the Ministère de la Santé et des Services sociaux (“MSSS”) may hold, in the Registre québécois du cancer and in the MED-ÉCHO database respectively, the information necessary to establish that a Tobacco-Victim was diagnosed with a Compensable Disease before March 12, 2012 (referred to as an “Official Confirmation”). In the Claim Form, the Tobacco-Victim or the Succession Claimant, as the case may be, will authorize the Claims Administrator to request an Official Confirmation from these sources. If an Official Confirmation is obtained, it makes proof of the diagnosis, and the claimant will not need to submit any supplemental information.

If an Official Confirmation cannot be obtained from RAMQ or MSSS, you will be notified by the QCAP Agent or the Claims Administrator. In such a case, you will need to provide alternative proof. This consists of:

• For Lung Cancer and Throat Cancer - a copy of a pathology report confirming the diagnosis;
• For Emphysema and COPD - a copy of a report of a spirometry test (performed before March 12, 2012) that demonstrates a FEV1 (non-reversible) of less than 50% of the predicted value.

If you are unable to provide one of the above documents, you may submit one of the following alternatives confirming the diagnosis:

• a copy of an extract from a medical file;
• a completed Physician’s Form (will be provided to you if requested by the Claims Administrator);
• a written statement from a Physician (of the Tobacco-Victim or another physician having access to the Tobacco-Victim’s medical records) along with at least one of the following records:
  • For Lung or Throat Cancer: pathology report, operative report, biopsy report, MRI report, CT scan report, PET scan report, X-ray report, sputum cytology report.
  • For Emphysema or COPD (GOLD Grade III or IV): Spirometry report; or CT scan report.

Please note that QCAP Claimants do not need to submit alternative proof unless and until it has been specifically requested of you.

Each compensation plan has a dedicated Official Agent to help you with your claim, free of charge:

Proactio is the Official Agent for the Quebec Administration Plan. You can contact the QCAP Agent at 1-888-880-1844 or by email at tabac@proactio.ca.

You do not need to hire a lawyer to file a claim.

The Official QCAP Agent can help you with:

Only the Claims Administrator can decide if a claim qualifies under the QCAP and PCC Plans. However, the Official Agents can identify gaps in your Claim Package.

No. Only one person should submit the Claim Form on behalf of the estate of a deceased Tobacco-Victim. The person making the claim will have to provide all the documents relating to the estate with the Claim Form.

For the QCAP plan, the Tobacco-Victim must have been alive on November 20, 1998, and meet all other QCAP Eligibility Criteria. If the Tobacco-Victim is now deceased but was alive on that date, the Succession Claimant must submit a Succession Claim Form and, depending on the status of the Succession Claimant, submit the appropriate Sub-Form to: (i) prove the Tobacco-Victim’s death and date of death; and (ii) verify their legal authority to submit the claim on behalf of the estate or a deceased Tobacco-Victim, as liquidator, Heir, or heir of an Heir.

For the QCAP plan, the Tobacco-Victim must have been alive on November 20, 1998, and meet all other QCAP Eligibility Criteria. If the Tobacco-Victim is now deceased but was alive on that date, the Succession Claimant must submit a Succession Claim Form and, depending on the status of the Succession Claimant, submit the appropriate Sub-Form to:

If the Tobacco-Victim is living, the QCAP Plan allows claims to be submitted by a representative in cases where appropriate legal documents are provided. If the claimant has capacity, a power of attorney or detailed mandate is required for a representative to file a claim on the claimant’s behalf. If the claimant is incapacitated, the representative will need to provide:

However, payments will only be made in the name of the claimant, not in the name of the representative.

No. The PCC and QCAP Plans were designed so that you can complete a claim without hiring a lawyer or paying for third-party services. Also, the CCAA Court has issued an order prohibiting lawyers or other persons from soliciting you in the preparation or submission of your Claim. If you receive any such solicitation, report it to the PCC or QCAP Agent right away by phone or email.

Each Compensation Plan has a dedicated Official Agent to help you with your claim, free of charge:

Epiq is the Official Agent for the PCC Compensation Plan. You can contact the PCC Agent by phone at 1-888-482-5852 or by email at PCCAgent@TobaccoClaimsCanada.ca.

Proactio is the Official Agent for the Quebec Administration Plan. You can contact the QCAP Agent (Proactio) at 1-888-880-1844 or by email at tabac@proactio.ca.

The Official Agents will provide free assistance to claimants throughout the Claims Process. This includes help with:

• answering questions and helping you fill out the Claim Form based on information you provide;
• providing guidance on how to obtain the necessary information and documents for your claim; and
• swearing or affirming the truth of the information on the form in front of a Commissioner of Oaths, a service that the PCC Agent and QCAP Agent will offer at no cost.

In some cases, Legal Representatives acting on behalf of a Tobacco-Victim may need to consult an estate lawyer to obtain legal documents at their own cost to obtain legal documents—for example, a Grant of Probate, Grant of Administration, Power of Attorney, or Proof of Guardianship—depending on the province or territory.

Registering and claiming are two separate steps.

Registering allowed you to stay informed with important updates about the QCAP and PCC Compensation Plans. The registration form included questions to help us understand whether you may be eligible.

Claiming is the formal step where you apply for compensation (i.e., submit your completed Claim Form and supporting documentation to the Claims Administrator).

Each Compensation Plan has a dedicated Official Agent to help you with your claim, free of charge:

• Epiq is the Official Agent for the PCC Compensation Plan. You can contact the PCC Agent by phone at 1-888-482-5852 or by email at PCCAgent@TobaccoClaimsCanada.ca.
• Proactio is the Official Agent for the Quebec Administration Plan. You can contact the QCAP Agent (Proactio) at 1-888-880-1844 or by email at tabac@proactio.ca.

The Official Agents will provide free assistance to claimants throughout the Claims Process. This includes help with:

• answering questions and helping you fill out the Claim Form based on information you provide;
• providing guidance on how to obtain the necessary information and documents for your claim; and
• swearing or affirming the truth of the information on the form in front of a Commissioner of Oaths, a service that the PCC Agent and QCAP Agent will offer at no cost.

In short:

• Registration was to keep you informed;
• Claiming is how you apply for compensation.

The QCAP Plan and the PCC Plan have different Claim Deadlines.

• The QCAP Claim Submission Period is twelve (12) months and the QCAP Claim Deadline is August 31, 2026.
• For the PCC Plan, the Claim Submission Period is twenty-four (24) months, and the PCC Claim Deadline is September 3, 2027.

Your claim will be deemed to be received only when the Claim Form and all supporting documents are received by the Claims Administrator. Claimants will be sent an Acknowledgement of Receipt of Claim by email or mail once their Claim Form with supporting documents has been received by the Claims Administrator. You must keep the record of transmission of your Claim Form until you receive the Acknowledgement of Receipt of Claim.

Please do not submit your claim more than once or through multiple methods.

For QCAP-Claimants, the Régie de L'assurance Maladie du Québec (“RAMQ”) and the Ministère de la Santé et des Services sociaux (“MSSS”) may hold, in the Registre québécois du cancer and in the MED-ÉCHO database respectively, the information necessary to establish that a Tobacco-Victim was diagnosed with a Compensable Disease before March 12, 2012 (referred to as an “Official Confirmation”). In the QCAP Claim Form, the Tobacco-Victim or the Succession Claimant, as the case may be, will authorize the Claims Administrator to request an Official Confirmation from these sources. If an Official Confirmation is obtained, it provides proof of the diagnosis, and the claimant will not need to submit any supplemental information.

If an Official Confirmation cannot be obtained from RAMQ or MSSS, you will be notified by the QCAP Agent or the Claims Administration. In such a case, you will need to provide alternative proof. This consists of:

• For Lung Cancer and Throat Cancer – a copy of a pathology report confirming the diagnosis;
• For Emphysema and COPD – a copy of a report of a spirometry test (performed before March 12, 2012) that demonstrates a FEV1 (non-reversible) of less than 50% of the predicted value.

If you are unable to provide one of the above documents, you may submit one of the following alternatives confirming the diagnosis:

• a copy of an extract from a medical file;
• a completed Physician’s Form (will be provided to you if requested by the Claims Administrator);
• a written statement from a Physician (of the Tobacco-Victim or another physician having access to the Tobacco-Victim’s medical records) along with at least one of the following records:
  • For Lung or Throat Cancer: pathology report, operative report, biopsy report, MRI report, CT scan report, PET scan report, X-ray report, sputum cytology report.
  • For Emphysema or COPD (GOLD Grade III or IV): Spirometry report; or CT scan report.

Please note that for QCAP, claimants should not submit alternative proof unless it has been specifically requested of you.

To complete your Claim Form, you must sign the Statutory Declaration in front of a Commissioner of Oaths or Notary Public. A Commissioner of Oaths will confirm your identity and that you swear or affirm your information is true. Every lawyer, some paralegals and all notaries in your province or territory are Commissioners of Oaths.

The Official Agents can commission the Statutory Declaration free of charge, using a secure online signing system called DocuSign. You will need a computer, smartphone or tablet for a video-call with the PCC Agent or QCAP Agent, who will watch you sign the declaration.

If you want help commissioning from the PCC Agent or QCAP Agent, make sure your Claim Form is otherwise complete and ready to submit several weeks before the Claim Deadline of August 31, 2026 for QCAP and September 3, 2027 for PCC so there is enough time to schedule the remote signing. The PCC Agent and QCAP Agent can also help you find an alternative way to meet the commissioning requirement if needed.

The Claims Administrator will send you an Acknowledgement of Receipt of Claim when your claim is received. Review times will vary depending on how many claims are received, when your Claim is submitted, whether documents are missing or complex, and whether your Claim raises unique questions. Review of your Claim may not be complete until after the Claim Deadline.

If Your Claim is Accepted, the Claims Administrator will send you a Notice of Acceptance of QCAP Claim.

If Your Claim is Incomplete, the Claims Administrator will send you a Notice of Incomplete Claim to explain what is missing and how to fix it. The deadline to resubmit your revised claim will be the later of: (a) the PCC or QCAP Claims Deadline, as appropriate; or (b) sixty (60) days from the date of the Notice of Incomplete Claim. If you do not respond by that deadline, your Claim will be rejected.

If Your Claim is Rejected, you will be sent a Notice of Rejection explaining the reason(s) for the rejection. The Notice will include a Request for Review Form. If you believe your Claim was improperly rejected, you may request a review within sixty (60) days of the date of the Notice of Rejection. The Claims Administrator will assign an independent Review Officer, who may confirm, reverse, or vary the original decision.

Once your complete claim (including the Claim Form and supporting documentation) has been submitted to the Claims Administrator, it enters a review process. You will first receive an Acknowledgement of Receipt of Claim confirming that your submission has been received. Please note that adjudicating claims takes time, as each submission must be carefully reviewed to ensure it meets the eligibility criteria and includes all required documentation.

Additionally, the Claims Administrator is processing a high volume of claims, which may contribute to longer-than-usual response times. Despite this, every effort is made to review claims as efficiently and thoroughly as possible.

The timing of a decision will vary depending on several factors, including:

• The total number of claims submitted;
• When your claim was submitted;
• Whether your claim documents are complete or complex; and
• Whether your claim raises unique questions.

You will receive written correspondence from the Claims Administrator once a decision has been made regarding your claim.

Important: A decision on your claim does not mean that payment will be issued immediately. Payments cannot be made until all submitted claims have been reviewed and assessed. We appreciate your patience as this process is completed.

While you should ensure that your Claim Form and supporting documents are complete prior to submitting your claim to the Claims Administrator, if you know that your submission was missing any required information, you are strongly encouraged to continue gathering and submitting the outstanding materials as soon as possible to support a timely and accurate assessment of your claim.

Yes, you must submit a complete claim (including Claim Form and supporting documents) by the deadline to be considered for compensation.

Registering and claiming are two separate steps.

If you registered, thank you. That step ensured you would receive important updates about the QCAP Administration Plan. However, registering does not mean you have applied for compensation. Now that the Claims Process has begun, you must complete and submit a Claim Form with the required supporting documents to be considered for payment. Please contact the QCAP Agent (Proactio) to complete your claim.

During the Claims Process, the QCAP Agent (Proactio) is available to help, free of charge, with:

• answering questions and helping you fill out the QCAP Claim Form based on information you provide;
• providing guidance on how to obtain the necessary information and documents for your claim; and
• swearing or affirming the truth of the information on the form in front of a Commissioner of Oaths, a service that the Agent will offer at no cost.

If you do not submit a complete Claim (Claim Form and supporting documents) by the deadline, you will not be considered for compensation.

For the QCAP Administration Plan, if the Tobacco-Victim is now deceased but was alive on November 20, 1998, the Succession Claimant must submit a QCAP Succession Claim Form and, depending on the status of the Succession Claimant, submit the appropriate Sub-Form to:

The QCAP Plan allows claims to be submitted by a representative in cases where appropriate legal documents are provided. If the claimant has capacity, a power of attorney or detailed mandate is required for a representative to file a claim on the claimant’s behalf. If the claimant is incapacitated, the representative will need to provide:

However, payments will only be made in the name of the claimant, not in the name of the representative.

If the Tobacco-Victim is living, a Legal Representative may submit a claim on behalf of the living Tobacco-Victim along with a mandate or power of attorney to represent the Tobacco-Victim.

If the Tobacco-Victim dies after submitting their complete Claim Package but before receiving payment, the Claims Administrator will still review the claim. If the claim is approved, the compensation will be payable to the estate of the Tobacco-Victim. In that circumstance, the duly authorized Legal Representative of the estate will need to submit additional information to receive the payment. Please contact the QCAP Agent (Proactio) for assistance.

Having a valid Will that appoints an executor may speed up the probate process for your family or legal representative. Making a Will is an important step that every capable adult can take to help avoid unnecessary delays or difficulties for their loved ones.

A Will provides clear instructions about who is responsible for handling your affairs and how your estate should be managed.

If there is no Will or the named executor is unwilling to act, this process can be more complicated and expensive and may require additional steps.

If you believe you are ineligible or no longer wish to file a claim you may withdraw your claim.

There is no consequence in leaving your claim open. If you need more time or assistance, you may request free help from the Official Agent instead of withdrawing. Withdrawing a claim permanently stops the processing of your claim and it cannot be reopened.

You can withdraw a claim by navigating to www.tobaccoclaimscanada.ca, selecting ‘Claimant Portal Login’ and logging in where you will then see the ‘My Claims’ page and will see the button to select ‘Withdraw’. The options for withdrawal reason will appear. Select a reason and certify by clicking the check box. After selecting a reason for withdrawal and completing the withdrawal confirmation, your claim will be immediately withdrawn.