The Pan-Canadian Claimants’ (PCC) Compensation Plan was created as part of a court-approved settlement following the restructuring of Canada’s major tobacco companies under the Companies’ Creditors Arrangement Act (CCAA).

In March 2019, the tobacco companies — Imperial Tobacco Canada, Rothmans, Benson & Hedges, and JTI-Macdonald — sought protection from the Ontario Superior Court of Justice to restructure their financial obligations. As part of this legal process, the companies participated in court-supervised mediation to resolve all lawsuits and potential claims related to the harms caused by tobacco use or exposure in Canada.

The result of that process is a global resolution of tobacco claims that has been approved by the Court. This resolution includes compensation and benefits for individuals affected by tobacco in Canada.

The PCC Compensation Plan is one part of that resolution and provides direct financial compensation to individuals across Canada who:

• Were diagnosed with certain tobacco-related diseases; and
• Meet specific eligibility criteria (see FAQ 2 for details).

In addition to the PCC Compensation Plan, the overall settlement also includes:

1. The Quebec Class Action Administration Plan, which provides compensation to eligible class members in Quebec based on a judgment rendered in the context of a class action instituted in the province of Quebec; and
2. A $1 billion Cy-près Foundation, which will support tobacco-related health research and programs for individuals who may not qualify for direct compensation but have still been affected by tobacco-related harm.

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.

In order to qualify for compensation under the PCC Compensation Plan, you must have:

• Smoked at least 87,600 cigarettes manufactured in Canada by Imperial Tobacco, Rothmans, Benson & Hedges, or JTI-Macdonald between January 1, 1950, and November 20, 1998.

  Examples:

  • 20 cigarettes per day for 12 years (20 x 365 x 12 = 87,600);
  • 10 cigarettes per day for 24 years (10 x 365 x 24 = 87,600);

  Note: This calculator will assist you to calculate the number of cigarettes that you smoked.

• Been diagnosed in Canada with one of the following diseases between March 8, 2015, and March 8, 2019, inclusive of those dates:

  • Primary lung cancer (“Lung Cancer”);
  • Primary squamous cell carcinoma of the throat (larynx, oropharynx, or hypopharynx) (“Throat Cancer”);
  • Emphysema or chronic obstructive pulmonary disease (COPD), GOLD Grade III or IV;
• Lived in any Province or Territory of Canada; and
• Been alive on March 8, 2019.

If the person who met these criteria passed away after March 8, 2019, their estate may also be eligible to receive compensation.

Quebec resident smokers or ex-smokers who were diagnosed with one of the above diseases before March 12, 2012, may be eligible for compensation under the Quebec Class Action Administration Plan.

In order to qualify for compensation, a smoker or ex-smoker must have been diagnosed in Canada between March 8, 2015 and March 8, 2019, inclusive of those dates, with one of the following 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.

Quebec resident smokers or ex-smokers who were diagnosed with one of these diseases before March 12, 2012, may be eligible for compensation under the Quebec Class Action Administration Plan.

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 PCC Compensation Plan.

The PCC Compensation Plan provides compensation to those diagnosed in Canada with primary squamous cell cancers of the Larynx, Oropharynx or Hypopharynx between March 8, 2015, and March 8, 2019, inclusive of those dates.

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 PCC Compensation 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 PCC 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 PCC Compensation Plan.

So, if you have throat cancer, check which diagnosis you have received.

If you are unsure, register anyway.

The PCC Compensation Plan provides compensation to those diagnosed in Canada with Emphysema or COPD (GOLD Grade III or IV) between March 8, 2015, and March 8, 2019, inclusive of those dates.

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.

The GOLD classification was created by the Global Initiative for Chronic Obstructive Lung Disease to help doctors describe how serious a person’s COPD is.

The system uses four stages, based on how much a person’s breathing is affected.

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.

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.

Epiq will have Commissioners of Oaths who can assist you to swear your Claim Form at no cost.

Note: The claims process has not yet begun. Once the claims process begins, the Claim Form will be available on this website.

“Twelve Pack-Years of cigarettes”, which is equal to 87,600 cigarettes, is the minimum amount of the Tobacco Companies’ cigarettes that a Pan-Canadian Claimant is required to have smoked between January 1, 1950 and November 20, 1998.

Twelve pack-years is calculated as any combination of the number of cigarettes smoked in a day multiplied by the number of days of consumption. 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.

A Pan-Canadian Claimant 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 PCC Compensation Plan:

The PCC Compensation Plan covers people who were diagnosed with a PCC Compensable Disease between March 8, 2015 and March 8, 2019 (inclusive). This four-year period was chosen to make the process fair for everyone across Canada. Each province and territory has different laws about how long someone has to make a legal claim (called limitation periods). These laws can prevent people from filing claims after a certain amount of time has passed.

By establishing a uniform diagnosis period for all claimants, the PCC Compensation Plan:

• Promotes consistency and fairness across the provinces and territories, despite differences in limitation laws; and
• Ensures access to compensation for certain individuals who might otherwise have been excluded due to expired legal time limits.

This approach ensures fairness and consistency in how claims are treated across Canada.

Individuals who live in Quebec who meet the PCC Eligibility Criteria described in FAQ 1 may be eligible for the PCC Compensation Plan.

If you reside in Quebec and you do not meet the PCC Eligibility Criteria described in FAQ 1, 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 Claimant 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 that you 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, please click here.

According to the PCC Compensation Plan, the maximum financial compensation for eligible claimants is as follows:

Only one compensation payment will be made, based on the disease for which the claimant qualifies that provides the highest amount of compensation under the Plan.

The amount a claimant may receive will depend on several factors, including:

• The number of claimants who qualify;
• The type of disease diagnosed; and
• When the claimant started smoking.

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.

The claims process has not yet begun, as some procedural, noticing, and implementation activities must first take place.

This website will be updated with important information, including when the claims process begins. Those who have registered for updates will also receive updates by email. To sign up for email updates, please click here.

Once the claims process begins, you will need to submit a Claim Form, along with proof of the diagnosis, to the Claims Administrator by the deadline (which has not yet been announced).

Official Agents are available to help you with your claim.

To prove the diagnosis, you will need to include one of the following documents:

1. A copy of a pathology report confirming that you (or the PCC-Claimant) were diagnosed with Lung Cancer or Throat Cancer between March 8, 2015 and March 8, 2019 (inclusive of those dates);
2. A copy of a spirometry test report performed on you (or the PCC-Claimant) between March 8, 2015 and March 8, 2019 (inclusive of those dates), that first demonstrated a FEV1 (non-reversible) of less than 50% of the predicted value to first establish a diagnosis of Emphysema or COPD (GOLD Grade III or IV);
3. A copy of an extract from your (or the PCC-Claimant’s) medical file confirming a diagnosis of Lung Cancer, Throat Cancer, or Emphysema or COPD (GOLD Grade III or IV) between March 8, 2015 and March 8, 2019 (inclusive of those dates);
4. A completed Physician Form, which will be available on this website once the claims process begins; or

5. A signed statement from your (or the PCC-Claimant’s) physician, or another physician with access to your (or the PCC-Claimant’s) medical records, confirming the eligible diagnosis and providing at least one of the following supporting medical records that verifies the diagnosis and the date it was made:

   • pathology report, operative report, biopsy report, MRI report, CT scan report, PET scan report, x-ray report and/or sputum cytology report.

If you are submitting a claim on behalf of someone else:

If you are the Legal Representative of a PCC-Claimant who is currently alive, you will need to provide legal documents showing that you are authorized to act on behalf of the Tobacco-Victim (e.g., Power of Attorney, Grant of Probate, or equivalent). See FAQ 24 for more details.

If your claim is in respect of a PCC-Claimant who was alive on March 8, 2019 and has since passed away, you will need to provide:

1. Proof of death, if the PCC-Claimant is deceased (e.g., Death Certificate);
2. A document to establish that you are authorized to make the claim on behalf of the PCC-Claimant’s estate. See FAQ 25 for more details.

The Claim Forms (including the form for Legal Representatives) will include full details about the required documents and will be posted on this website once the claims process begins.

No. If a PCC-Claimant has been diagnosed with more than one compensable disease, they or their estate will receive only one compensation payment under the PCC Compensation Plan.

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, please click here.

If a PCC-Claimant was alive on March 8, 2019, meets all other PCC Eligibility Criteria, and lived in a Canadian province or territory at the time of their death, their estate may still be eligible to receive compensation — even if they pass away before the claims process begins.

Similarly, if a PCC-Claimant submits a claim and then passes away before compensation is distributed, their estate may still be eligible for payment, provided they met all other eligibility criteria and resided in a province or territory on the date of their death.

In either case, a duly authorized legal representative is required for an estate to receive compensation.

The judicial process that appoints an estate representative after someone passes away is commonly referred to as “probate” — this is where the court either:

1. Validates a Will and gives authority to the named executor; or
2. Appoints an administrator if no Will exists (or no person is willing to act as executor), based on the laws of the province or territory.

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 registered, you should have received a confirmation email from the PCC Agent confirming that your registration was successful. Please check your inbox (and your junk/spam folder) for an email from: info@TobaccoClaimsCanada.ca

If you are still unsure, to check whether you are registered, send us an email at PCCAgent@TobaccoClaimsCanada.ca. In your email, be sure to include:

• Your full name;
• The email address you used to register; and

• Whether you are:

  • The person diagnosed with a tobacco-related illness; or
  • the Legal Representative (e.g. estate representative, power of attorney) of a person diagnosed with a tobacco-related illness.

We’ll confirm your registration status as soon as possible.

If you have already registered, please promptly notify the PCC Agent of any changes to your contact information as we will use the details on file to communicate with you. When submitting updates, please include your full name, the contact information you provided previously, and the new details you wish to update.

Contact information requests can be made by emailing PCCAgent@TobaccoClaimsCanada.ca calling our toll-free number 1-888-482-5852 or writing to us via regular mail at the following address:

PCC Agent
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6

If you need help filling in the registration form, send us an email at PCCAgent@TobaccoClaimsCanada.ca with the following information:

• Your full name;
• The tobacco victim’s full name (if different than your full name);
• Date of death (if applicable);
• Province or territory of death (if applicable);
• The smoking-related disease diagnosed;
• Date of diagnosis.

You can also call our toll-free number 1-888-482-5852 or write to us via regular mail at the following address:

PCC Agent
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6

If you have not received a confirmation after submitting your registration form, please verify your junk or spam folder. If you are still unable to find a confirmation, send us an email at PCCAgent@TobaccoClaimsCanada.ca.

No. Only the Legal Representative of the Estate of the PCC-Claimant needs to register and, when the time comes, submit the Claim Form on behalf of the Estate.

This means that each heir does not need to fill out their own registration forms or claim forms.

There is only one compensation payment per eligible PCC-Claimant under the PCC Compensation Plan. The heirs of a PCC-Claimant who passed away after March 8, 2019, and meets the PCC Eligibility Criteria will therefore share among themselves the compensation amount to which the victim would have been entitled.

Only the Legal Representative of the Estate of the PCC-Claimant will be responsible for registering the claim on behalf of the Estate and for submitting the required documents once the claims process begins.

Once the claims process begins, if you intend to submit a claim on behalf of someone else — whether the individual is alive or deceased — you will need to provide documents proving your legal authority to act on their behalf.

The required documents vary depending on:

• Whether the PCC-Claimant is deceased or still alive;
• The Province or Territory where the PCC-Claimant lived at the time of their death (or currently lives, if still alive);
• The reason you are acting on their behalf (e.g., executor, administrator, guardian, attorney under Power of Attorney);

Examples of Supporting Documents that will be required include:

If the PCC-Claimant has passed away after March 8, 2019:

• Proof of death, such as a:

  • Death Certificate;
  • Medical Certificate of Death;
  • Statement of Death from a funeral service provider.

• Legal documents showing you are authorized to act for the estate, such as:

  • Grant of Probate (if there is a Will);
  • Grant of Administration (if there is no Will);
  • Other equivalent documents, depending on the province or territory.

If the PCC-Claimant is still alive:

• Documents showing your legal authority to act on their behalf, such as:

  • Power of Attorney;
  • Proof of Guardianship;
  • Other similar documents based on provincial/territorial requirements

Further details and specific document requirements will be outlined in the Claim Forms, which will be posted to this website once the claims process begins.

Please note that any cheque issued as a result of an approved claim will not be made payable to the Legal Representative personally. Cheques will be made payable to the PCC-Claimant or, where applicable, the Estate of the PCC-Claimant.

If you have registered, the Claims Administrator will contact you when it is time to file a claim.

No. The PCC Compensation Plan has been designed so that claimants and their representatives can complete and submit their claims without hiring a lawyer or paying for third-party services.

Epiq, the authorized PCC Agent for PCC Representative Counsel, will provide free assistance to claimants throughout the Claims Process. This includes help with:

• Gathering required documents (such as medical records);
• Completing and submitting the Claim Form; and
• Swearing or affirming the truth of the information on the form in front of a Commissioner of Oaths, a service that Epiq will offer at no cost.

In some cases, Legal Representatives acting on behalf of a PCC-Claimant may need to consult an estate lawyer 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.

More information about required documentation will be available in the FAQ section once the claims process begins.

Registering and claiming are two separate steps in the PCC Compensation Plan process.

Registering allows you to stay informed with important updates about the PCC Compensation Plan. By registering with us, we can notify you when the claims process begins, and of other important deadlines. The registration form may include a few 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). This takes place during a specific time period known as the claims process, which will be announced in a future notice. Once the PCC Claims Process begins, you will need to complete a Claim Form and submit any required documents.

Epiq, the authorized PCC Agent for PCC Representative Counsel, will provide free assistance to claimants throughout the Claims Process. This includes help with:

• Gathering required documents (such as medical records);
• Completing and submitting the Claim Form; and
• Swearing or affirming the truth of the information on the form in front of a Commissioner of Oaths, a service that Epiq will offer at no cost.

In short:

• Registration keeps you informed;
• Claiming is how you apply for compensation.

By registering, you will receive updates on the progress of the PCC Compensation Plan, including when the claims process begins and how to submit your Claim Form.

Registering also allows us to provide you with free assistance in preparing and submitting your claim when the time comes.

We will contact you by email from PCCAgent@TobaccoClaimsCanada.ca or by phone at our toll-free number: 1-888-482-5852.

You can also reach us by mail at:

PCC Agent
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6

To receive updates and stay notified when the claims process officially begins, access the registration form here.

Yes, you may add a contact person when completing your registration form.

However, it is important to choose someone you trust. The contact person will be able to receive important communications, so please provide their information only if you are comfortable with them knowing details about your registration.

There is currently no deadline to register. You may register at any time before the start of the claims process.

To receive updates and stay notified when the claims process officially begins, access the registration form here.

Yes. Under the PCC Compensation Plan, you must provide medical records to support the claim.

You will need to submit documents confirming the diagnosis of the tobacco-related disease. Acceptable forms of proof include, but are not limited to:

• A pathology report (Lung or Throat Cancer diagnosis);
• A spirometry test (Emphysema or COPD (Grade III or IV) diagnosis);
• An extract from the medical file;
• A completed Physician Form; or
• A written statement from a physician supported by test results such as a CT scan or biopsy.

These documents must be submitted with the Claim Form. If they are missing, your claim cannot be reviewed.

If you need assistance obtaining the necessary documents, we will provide free guidance and support during the claims process.

You do not need to send us your supporting documents now, as the claims process has not yet begun. Should you wish to send us your documents before the claims period, please use the secure upload portal. You will be able to access these documents once the claims process begins. Alternatively, you can send us your supporting documents via mail to the address below:

PCC Agent
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6

Important: Never send us originals by regular mail. Please only send us copies.

To receive updates and be notified when the claims process opens, please make sure you are registered.

Under Canadian tax law, compensation paid as damages for personal injury or illness is generally not taxable, whether at the federal level (Canada Revenue Agency) or the provincial level.

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 PCC-Claimants.

Now that the PCC Compensation Plan is approved by the Court, notices will be widely published providing information about the PCC Compensation Plan, and the deadline by which all claims must be submitted to the Claims Administrator. Right now, the deadline is 24 months from the date that the Notice is published.

After the deadline for all claims to be submitted has passed, the Claims Administrator will complete its review of submitted 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.

Please register to sign up to receive updates on the PCC Compensation Plan as they become available.

By registering for updates, you will receive important information about the PCC Compensation Plan, including when to complete and submit a claim for compensation, and any other key deadlines.