1. Why is there a settlement?
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.
Back To Top
2. What is the CCAA?
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.
Back To Top
3. What are “PCC” and “QCAP”?
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):
-
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
-
The Quebec Class Action Administration Plan (“QCAP Plan”) – for Blais Class Members diagnosed in Quebec before March 12, 2012, and their heirs.
Back To Top
4. Who is a “Tobacco-Victim”?
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.
Back To Top
5. What are the criteria to qualify for compensation under the Quebec Class Action Administration Plan (the “QCAP Eligibility Criteria”)?
In order to qualify for compensation under the QCAP Administration Plan, the Tobacco-Victim must:
- reside in Quebec (or if deceased, have resided in Quebec at the time of their death);
-
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.
-
have been diagnosed before March 12, 2012 with:
- Primary lung cancer (“Lung Cancer”); or
- Primary cancer (squamous cell carcinoma) of the larynx, oropharynx, or the hypopharynx (“Throat Cancer”); or
- Emphysema or COPD (GOLD Grade III or IV).
-
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).
Back To Top
6. What are the criteria to qualify for compensation under the PCC Compensation Plan (the “PCC Eligibility Criteria”)?
In order to qualify for compensation under the PCC Compensation Plan, the Tobacco-Victim must:
- reside in any Province or Territory in Canada (or if deceased, have resided in Canada at the time of their death);
-
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.
-
have been diagnosed between March 8, 2015 and March 8, 2019 (inclusive of those dates) with:
- Primary lung cancer (“Lung Cancer”); or
- Primary cancer (squamous cell carcinoma) of the larynx, oropharynx, or the hypopharynx (“Throat Cancer”); or
- Emphysema or COPD (GOLD Grade III or IV).
-
have resided in any Province or Territory in Canada on the date of diagnosis with lung cancer, throat cancer, or Emphysema or COPD (GOLD Grade III or IV);
AND
- have 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 (QCAP Plan).
Back To Top
7. Which tobacco-related diseases qualify for compensation under the PCC Compensation Plan and QCAP Plan?
In order to qualify for compensation under the PCC Compensation Plan or QCAP Plan, a Tobacco-Victim must have been diagnosed with one of the following diseases (the “Compensable Diseases”):
- Primary lung cancer (“Lung Cancer”); or
- 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 (QCAP Plan).
Canadian smokers or ex-smokers who were diagnosed between March 8, 2015 and March 8, 2019, may be eligible for compensation under the PCC Compensation Plan.
Video Coming Soon
Back To Top
8. Why must I have been diagnosed before March 12, 2012 to be eligible under the QCAP Plan?
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.
Back To Top
9. Why must I have been diagnosed between March 8, 2015 and March 8, 2019 to be eligible 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.
Important note: The PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
10. What if I live in Quebec—can I qualify under the PCC Compensation Plan?
Individuals who live in Quebec who meet the PCC Eligibility Criteria described in
FAQ 6
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 6,
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:
- you reside in Quebec (If the Tobacco-Victim is deceased, they must have resided in Quebec on the date of their death);
-
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.
-
before March 12, 2012, you were diagnosed with:
- Lung cancer, or
- Throat cancer, or
- Emphysema or COPD (GOLD Grade III or IV); and
- 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.
Back To Top
11. What are the Residency Criteria?
Under the PCC and QCAP Compensation 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 answer “Yes” to the applicable residency questions on the PCC or QCAP Claim Form in order to be eligible for compensation:
-
Residency at time of diagnosis: The PCC Claim Form requires an answer to the question, “Did the Tobacco-Victim reside in Canada 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 PCC Compensable Disease.
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 QCAP Compensable Disease.
-
Residency at time of submitting a claim (or at time of death): For the PCC Plan, if the Tobacco-Victim is living, the PCC Claim Form asks the question, “Does the Tobacco-Victim currently reside in Canada?” If the Tobacco-Victim is deceased, the PCC Claim Form asks the question “Did the Tobacco-Victim reside in Canada on the date of their death?” Residence at death for PCC is proven by submitting one of the acceptable documents listed in Attachment A of the PCC Claim Form with the Claim Form.
For the QCAP Plan, 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.
Back To Top
12. Why must the Tobacco-Victim have been alive on November 20, 1998, to be eligible under the QCAP Plan?
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.
Back To Top
13. Why is there a requirement that the Tobacco-Victim have been alive on March 8, 2019, to be eligible under the PCC Compensation Plan?
To qualify for compensation under the PCC Compensation Plan, a person must have been alive on March 8, 2019.
In Canada, the laws about whether a family member or an estate can make a claim after someone has died are different in each province and territory. In many places, estates are not allowed to claim certain damages, like pain and suffering, after a person dies.
By requiring that claimants be alive on March 8, 2019, the PCC Compensation Plan creates one clear rule for everyone in Canada, no matter where they live.
This approach is similar to the rule used in the major class action court cases in Quebec, which were brought by smokers against the Tobacco Companies. In those cases, the Quebec Superior Court decided that only people who were alive when the legal action was started (November 20, 1998), and their heirs if they died later, could be included.
The PCC Compensation Plan uses a similar principle by setting March 8, 2019, as the required date to be alive. This is the date the CCAA proceedings started. This is intended for fairness across all provinces and territories and avoids complicated legal differences about estate claims that vary from one province to another.
If a person was alive on March 8, 2019, but passed away later, their estate can still receive compensation, as long as all the other eligibility requirements are met.
Although not everyone will qualify for direct compensation, the Cy-près Foundation, established 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 PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
14. Why can’t I qualify for the PCC Compensation Plan if I was diagnosed after March 8, 2019?
If you were diagnosed after March 8, 2019, or before March 8, 2015, you do not qualify under the PCC Compensation Plan. While we understand this may be disappointing, this four-year window was chosen to ensure fairness, consistency, and equal treatment for claimants across Canada.
Each province and territory has different laws about how long someone has to bring a legal claim (called limitation periods). These laws can prevent people from filing claims after a certain amount of time has passed. By setting the same four-year diagnosis period for everyone, the PCC Compensation Plan avoids these legal differences and ensures that all eligible claimants are treated equally—no matter where they live in Canada.
This approach also allows certain people to receive compensation who might otherwise have been excluded due to expired time limits in their province or territory.
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 PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
15. Why is the Breach Period (during which the smoker had to have smoked at least 87,600 cigarettes) defined as January 1, 1950 to November 20, 1998?
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. This time period also aligns with the Quebec compensation process, which 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 and the PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the QCAP Agent or PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
16. What is the reason for the minimum twelve pack-years (87,600 cigarettes during the Breach Period) smoking requirement?
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 PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
17. Why are only certain diseases (primary lung cancer, certain primary throat cancers, severe and very severe COPD and emphysema) included?
The QCAP Plan and PCC Compensation Plan cover 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. Later, during the national resolution process under the CCAA proceedings, another expert also reviewed additional scientific data to help decide which diseases should be included in the PCC Compensation Plan.
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.
In addition, the compensable diseases align with the Quebec compensation process, which informed the design of the PCC Compensation Plan.
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 and PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the QCAP Agent or PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
18. Why is Canadian residency required at diagnosis and at claim submission (or at death if deceased)?
To qualify for compensation under the QCAP Plan or the PCC Compensation Plan, a Tobacco-Victim must have been living in Canada 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 and PCC Compensation Plan are intended to compensate people who lived in Canada when they were harmed by the conduct of the Tobacco Companies, and who are current residents of Canada. The legal claims that led to the QCAP Plan and PCC Compensation Plan were based on how the Tobacco Companies’ actions—such as misleading the public about the health risks of smoking-caused harm within Canada. Legally, the harm is considered to take place where the diagnosis occurred. As a result, eligibility is limited to people who were living in Canada at the time of diagnosis, and at the time of claim submission (or death).
The QCAP Plan and PCC Compensation Plan do not provide compensation for people who were living outside Canada 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 and PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the QCAP Agent or PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
19. What if my diagnosis was made outside Canada?
If you were diagnosed outside of Canada, unfortunately, you do not qualify for compensation under the QCAP Administration Plan or PCC Compensation Plan.
The QCAP Administration Plan and PCC Compensation Plan are intended to compensate people who lived in Canada when they were harmed by the conduct of the Tobacco Companies, and who are current residents of Canada. The legal claims that led to the QCAP Plan and PCC Compensation Plan were based on how the Tobacco Companies’ actions—such as misleading the public about the health risks of smoking-caused harm within Canada. Legally, the harm is considered to take place where the diagnosis occurred. As a result, eligibility is limited to people who were living in Canada at the time of diagnosis, and at the time of claim submission (or death).
The QCAP Plan and PCC Compensation Plan do not provide compensation for people who were living outside Canada when they were harmed or when they submitted their claim.
Important note: The QCAP Eligibility Criteria and PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the QCAP Agent or PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
20. Why do people who meet the eligibility criteria under the Quebec Administration Plan get more money than those with the same diseases under the PCC Compensation Plan?
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 and PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the QCAP Agent or PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
21. Why will my compensation be reduced if I started smoking after January 1, 1976?
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 and PCC Eligibility Criteria were reviewed and approved by Chief Justice Morawetz of the Ontario Superior Court of Justice (Commercial List). Neither the QCAP Agent or PCC Agent nor the Claims Administrator has the authority to change, waive, or make exceptions to these criteria.
Back To Top
22. What does "primary cancer" mean?
“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 Plan or PCC Compensation Plan.
Video Coming Soon
Back To Top
23. Which throat cancers are covered?
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 QCAP Plan or PCC Compensation Plan.
If you have throat cancer, check which diagnosis you have received.
If you are unsure, contact the PCC Agent or QCAP Agent (Proactio) for assistance.
Video Coming Soon
Back To Top
24. What does “COPD (GOLD Grade III or IV)” mean?
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.
Back To Top
25. What's the difference between emphysema and COPD?
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
Back To Top
26. What if I was diagnosed with another smoking-related disease?
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.
Back To Top
27. I don’t have my medical records. Do I need to obtain them?
For QCAP claimants and PCC-Claimants diagnosed in Quebec, to facilitate the process of proving Tobacco-Victims’ diagnosis, 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.
QCAP Claimants and PCC-Claimants diagnosed in Quebec should 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.
For all other PCC-Claimants diagnosed in any other Canadian province or territory besides Quebec, the Tobacco-Victim’s diagnosis between March 8, 2015 and March 8, 2019 (inclusive) can be proven by the following:
- For Lung or Throat Cancer - a copy of a pathology report confirming the diagnosis;
- For Emphysema or COPD (GOLD Grade III or IV) - a copy of a report of a spirometry test (performed between March 8, 2015 and March 8, 2019) 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).
If you are unable to provide one of the above documents, you may instead submit one of the following alternatives:
- a copy of an extract from the Tobacco-Victim’s medical file;
- a completed Physician Form;
-
a written statement from a Physician (of the Tobacco-Victim, or another physician having access to the medical record), 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.
Medical records can take time to obtain. Start requesting your records early to avoid missing the PCC Claim Deadline.
Back To Top
28. How do I obtain my (or someone else’s) medical records?
To begin gathering medical records the best place to start is by contacting the Health Records Department at the hospital where the Tobacco-Victim received their diagnosis.
If you are unable to obtain the records from the Hospital Records Department, the receptionist or administrative assistant at the family doctor’s office of the Tobacco-Victim, may have relevant records or be able to advise where to request them.
Patients are legally entitled to a copy of their own medical records. It is not necessary for a third party such as a lawyer to make the request on your behalf. If you are requesting records on behalf of someone else, such as a family member or an estate, you may need to provide proof of authority.
When making your request, have all the following information ready:
- The full name and date of birth of the Tobacco-Victim (and date of death, if applicable);
- Approximate date(s) of diagnosis;
- The Tobacco-Victim’s provincial Health Card Number (or, if they are deceased, their Health Card Number at the time of diagnosis);
- The Tobacco-Victim’s province or territory of residence (or, if they are deceased, the province or territory of residence on the date of death);
- A signed consent form or proof of authority if you are requesting records on someone else’s behalf.
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 and PCC Agent will provide free guidance and support during the claims process. However, the QCAP Agent and PCC Agent cannot guarantee that records will be located or that the records obtained will meet the QCAP Plan’s or PCC Compensation Plan’s evidentiary requirements. The QCAP Agent and PCC Agent accept no responsibility if records cannot be obtained or if the records are incomplete, inaccurate, or insufficient to support your Claim.
While the QCAP Agent (Procatio) and the PCC Agent can help answer your questions and help you prepare your claim package, they cannot guarantee that your claim will be approved for payment.
To contact the QCAP Agent (Proactio) or the PCC Agent, click here.
Back To Top
29. I am unable to obtain my (or the Tobacco-Victim’s) medical records, what should I do?
For QCAP claimants and PCC-Claimants diagnosed in Quebec, to facilitate the process of proving Tobacco-Victims’ diagnosis, 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.
QCAP Claimants and PCC-Claimants diagnosed in Quebec should 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.”
For all other PCC-Claimants diagnosed in any other Canadian province or territory besides Quebec, if you are unable to obtain a copy of a pathology report (to prove a diagnosis of lung or throat cancer) or a spirometry test (to prove a diagnosis of emphysema or COPD (GOLD Grade III or IV)), you may instead submit one of the following alternatives to prove diagnosis between March 8, 2015 and March 8, 2019 (inclusive):
- A copy of an extract from the medical file confirming the diagnosis and date of diagnosis; or
- A completed Physician Form, which can be found here; or
-
A written statement from a Physician (of the Tobacco-Victim, or another physician having access to the medical record), confirming the diagnosis and date of diagnosis along with at least one of the following required records:
- For Lung Cancer or Throat Cancer: pathology report; operative report; biopsy report; MRI report; CT scan report; PET scan report; x-ray report; and/or sputum cytology report; or
- For Emphysema or COPD (GOLD Grade III or IV): spirometry report or CT scan.
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 and PCC Agent will provide free guidance and support during the claims process. However, the QCAP Agent and PCC Agent cannot guarantee that records will be located or that the records obtained will meet the QCAP Plan’s or PCC Compensation Plan’s evidentiary requirements. The QCAP Agent and PCC Agent accept no responsibility if records cannot be obtained or if the records are incomplete, inaccurate, or insufficient to support your Claim.
While the QCAP Agent (Procatio) and the PCC Agent can help answer your questions and help you prepare your claim package, they cannot guarantee that your claim will be approved for payment.
To contact the QCAP Agent (Proactio) or the PCC Agent, click here.
Back To Top
30. I don’t have proper documentation to file a claim on behalf of a deceased Tobacco-Victim. What should I do?
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 QCAP 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 wish to file a PCC claim on behalf of a deceased Tobacco-Victim, you will need to obtain the appropriate estate documentation that proves you have legal authority to act on behalf of the estate. Without this documentation, the claim will be considered incomplete. Even if the eligibility criteria are met, no compensation can be issued until proper proof of authority documentation is provided.
A complete list of acceptable proof of authority documents, based on the claimant’s specific circumstances and jurisdiction, is available here.
If you believe that the Tobacco-Victim meets all of the PCC Eligibility Criteria (listed here), but you do not have any of the acceptable proof of authority documents, we recommend that you consult a qualified estate lawyer (also called probate lawyer) in the province or territory where the Tobacco-Victim lived at the time of their death, at your own cost. A probate lawyer helps families take legal steps to obtain the documents needed to act on behalf of a deceased person’s estate and manage their affairs.
You may also find the PCC Agent’s Estate Quick Reference Guide helpful. It provides a summary of the key information you and your estate lawyer will need to proceed.
Back To Top
31. I want to file a claim for a deceased Tobacco-Victim but don’t know if they had a qualifying diagnosis and I lack estate documents to access their medical records. What should I do?
To submit a PCC claim on behalf of a deceased Tobacco-Victim, you will need:
- Medical documentation confirming the Tobacco-Victim was diagnosed with lung cancer, throat cancer, emphysema or COPD (GOLD Grade III or IV) between March 8, 2015 and March 8, 2019 (inclusive) (The acceptable medical documentation is listed here); and
- Legal documentation proving that you have the legal authority to act on behalf of the Tobacco-Victim’s estate.
To submit a QCAP 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.
A complete list of acceptable proof of authority documents, based on the claimant’s specific circumstances and jurisdiction, is available here.
You may also find the PCC Agent’s Estate Quick Reference Guide helpful. It provides a summary of the key information you and your estate lawyer will need to proceed.
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.
To contact the QCAP Agent (Proactio) or the PCC Agent for assistance, click here.
Back To Top
32. How do I prove the number of cigarettes smoked?
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 PCC Agent and QCAP Agent (Proactio) have Commissioners of Oaths who can commission your signature on your Claim Form at no cost.
Back To Top
33. How do I calculate smoking history?
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:
- 10 cigarettes smoked per day for 24 years (10 x 365 x 24) = 87,600 cigarettes; or
-
20 cigarettes smoked per day for 12 years (20 x 365 x 12) = 87,600 cigarettes; or
-
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.
Back To Top
34. How can I get help filling out the Claim Form?
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 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 PCC Agent and QCAP Agent can help you, free of charge, with:
- answering questions and filling out the Claim Form based on information you provide;
- commissioning your signature on the Claim Form; and
- providing guidance on how to obtain the necessary information and documents for your claim.
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.
Back To Top
35. Which cigarettes were manufactured by Imperial Tobacco, RBH or JTI-Macdonald?
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 and PCC Compensation Plans:
- Accord
- Accord KF
- Avanti/Light
- B&H
- B&H 100 Del.UL.LT/MEN
- B&H 100 F
- B&H 100 F Menthol
- B&H Light Menthol
- B&H Lights
- B&H Special KF
- B&H Special Lights KF
- Belmont
- Belmont KF
- Belvedere
- Belvedere Extra Mild
- Camel
- Cameo
- Cameo Extra Mild
- Craven “A”
- Craven “A” Light
- Craven “A” Special
- Craven “A” Ultra Light/Mild
- Craven “M”
- Craven “M” KF
- Craven “M” Special
- du Maurier
- du Maurier Extra Light
- du Maurier Light
- du Maurier Special
- du Maurier Ultra Light
- Dunhill
- Dunhill KF
- Export
- Export “A”
- Export “A” Extra Light
- Export “A” Lights
- Export “A” Medium
- Export “A” Special Edition
- Export “A” Ultra Light
- Export Mild
- Export Plain
- John Player’s Special
- LD
- Macdonald
- Macdonald Menthol
- Mark Ten
- Mark Ten Filter
- Matinee
- Matinee Extra Mild
- Matinee Slims/Menthol
- Matinee Special/Menthol
- Medallion
- More
- North American Spirit
- Number 7
- Number 7 Lights
- Peter Jackson
- Peter Jackson Extra Light KF
- Player’s Extra Light
- Player’s Filter
- Player’s Light
- Player’s Medium
- Player’s Plain
- Player’s
- Rothmans
- Rothmans Extra Light
- Rothmans KF
- Rothmans Light
- Rothmans Special
- Rothmans UL LT KF
- Select Special/Ultra Mild/Menthol
- Vantage
- Vantage KF
- Vantage Light/Menthol
- Viscount
- Viscount #1 KF
- Viscount Extra Mild/Menthol
- Winston
Back To Top
36. How much compensation will be paid to those who meet the eligibility criteria under the QCAP and PCC Compensation Plans?
The following table shows the maximum amounts available to claimants that meet the Eligibility Criteria for each disease covered by the QCAP and PCC Compensation Plans. Eligible claimants will receive compensation for the one disease that results in the highest payment.
| Disease(s) with which you were diagnosed |
Maximum Amount of Compensation (CAD) |
| If you started smoking before January 1, 1976 |
If you started smoking on or after January 1, 1976 |
|
Primary Lung Cancer or
Primary Throat Cancer
|
$100,000 QCAP
$60,000 PCC
|
$80,000 QCAP
$48,000 PCC
|
|
Emphysema or COPD
(GOLD Grade III or IV)
|
$30,000 QCAP
$18,000 PCC
|
$24,000 QCAP
$14,400 PCC
|
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 PCC will only be determined after the PCC Claims Deadline of September 3, 2027 has passed and all PCC claims have been processed.
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.
Back To Top
37. Is it possible to receive multiple payments if diagnosed with more than one eligible disease?
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.
Back To Top
38. Will funds ultimately received under the PCC and QCAP Plans be taxable?
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.
Back To Top
39. If I am determined to be eligible for compensation, when will I receive my payment?
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.
After the deadline for PCC claims to be submitted has passed on September 3, 2027, the Claims Administrator will complete its review of submitted PCC 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.
Back To Top
40. What are the PCC Agent and the QCAP Agent, and how can they help?
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 and Epiq is the Official Agent for the PCC Compensation Plan.
The PCC Agent’s and 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 or PCC Compensation Plan. This includes:
- answering questions and helping you fill out the PCC Claim Form, 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.
The PCC Agent is available to assist you at no cost at PCCAgent@TobaccoClaimsCanada.ca or toll-free at 1-888-482-5852.
You do not need to hire a lawyer to file a claim.
Back To Top
41. What is the Claims Administrator and what do they do?
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.
Back To Top
42. How do I submit a claim?
You can file your Claim Form with supporting documents in any of the following ways:
NOTE: The QCAP Compensation 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 and the PCC Agent is available to assist you at PCCAgent@TobaccoClaimsCanada.ca or toll-free at 1-888-482-5852.
Please do not submit your claim form more than once or through multiple methods.
Back To Top
43. How do I prove diagnosis and date of diagnosis?
For QCAP Claimants and PCC-Claimants diagnosed in Quebec, 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 for QCAP or between March 8, 2015, and March 8, 2019 (inclusive) (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 serves as 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.
For all other PCC-Claimants diagnosed in any other Canadian province or territory besides Quebec, the Tobacco-Victim’s diagnosis between March 8, 2015 and March 8, 2019 (inclusive) can be proven by the following:
- For Lung or Throat Cancer - a copy of a pathology report confirming the diagnosis;
- For Emphysema or COPD (GOLD Grade III or IV) - a copy of a report of a spirometry test (performed between March 8, 2015 and March 8, 2019) 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).
If you are unable to provide one of the above documents, you may instead submit one of the following alternatives:
- a copy of an extract from the Tobacco-Victim’s medical file;
- a completed Physician Form;
-
a written statement from a Physician (of the Tobacco-Victim, or another physician having access to the medical record), 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.
Medical records can take time to obtain. Start requesting your records early to avoid missing the PCC Claim Deadline.
Back To Top
44. How can I get help filling out the Claim Form?
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 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 PCC Agent and QCAP Agent can help you, free of charge, with:
- answering questions and filling out the Claim Form based on information you provide;
- commissioning your signature on the Claim Form; and
- providing guidance on how to obtain the necessary information and documents for your claim.
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.
Back To Top
45. In the case of an estate, do all heirs have to fill out a Claim Form?
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 PCC Plan, the Tobacco-Victim must have been alive on March 8, 2019, and meet all other PCC Eligibility Criteria. If the Tobacco-Victim is now deceased but was alive on that date, the Representative of the Estate must submit the required documents listed in Attachment A of the Claim 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.
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.
Back To Top
46. What documents will I eventually need to submit a claim on someone’s behalf?
Under the PCC Plan, a Legal Representative can submit a claim:
- on behalf of a living Tobacco-Victim; or
- on behalf of the Estate of a deceased Tobacco-Victim who was alive on March 8, 2019.
The PCC Claim Form includes a table at Attachment A detailing acceptable documents for each province and territory. Note: Surviving Family Members in their own capacity are not eligible to receive direct PCC compensation.
If the Tobacco-Victim died without an estate or the estate is now closed, you should speak with a probate lawyer about options to set-up or reactivate an estate at your own cost. The Claims Administrator cannot confirm whether the Tobacco-Victim meets the PCC Eligibility Criteria unless the Claim includes proper legal documentation showing that you are authorized to represent the estate.
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:
- prove the Tobacco-Victim’s death and date of death; and
- 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.
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:
- a Protection Mandate or Mandate in case of Incapacity, homologated by a judgment;
- a judgment ordering tutorship to the claimant;
- a judgment ordering curatorship to the claimant (prior to November 1, 2022); or
- an order naming the representative a provisional administrator to the property of the claimant.
However, payments will only be made in the name of the claimant, not in the name of the representative.
Back To Top
47. Do I need to hire a lawyer to submit my claim?
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 PCC 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.
Back To Top
48. What's the difference between registering and claiming?
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.
Back To Top
49. When is the deadline to file a claim?
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.
Back To Top
50. I do not have the Tobacco-Victim’s medical records. Do I need to obtain them?
For QCAP Claimants and PCC-Claimants diagnosed in Quebec, 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 (referred to as an “Official Confirmation”) before March 12, 2012 for QCAP or between March 8, 2015 and March 8, 2019 (inclusive) for PCC. 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 serves as 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 for QCAP or between March 8, 2015 and March 8, 2019 for PCC) 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 and PCC-Claimants diagnosed in Quebec do not need to submit alternative proof unless and until it has been specifically requested of you.
For all other PCC-Claimants diagnosed in any other Canadian province or territory besides Quebec, the Tobacco-Victim’s diagnosis between March 8, 2015 and March 8, 2019 (inclusive) can be proven by the following:
- For Lung or Throat Cancer - a copy of a pathology report confirming the diagnosis;
- For Emphysema or COPD (GOLD Grade III or IV) - a copy of a report of a spirometry test (performed between March 8, 2015 and March 8, 2019) 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).
If you are unable to provide one of the above documents, you may instead submit one of the following alternatives:
- a copy of an extract from the Tobacco-Victim’s medical file;
- a completed Physician Form;
-
a written statement from a Physician (of the Tobacco-Victim, or another physician having access to the medical record), 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.
Medical records can take time to obtain. Start requesting your records early to avoid missing the PCC Claim Deadline.
Back To Top
51. What is commissioning?
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.
Back To Top
52. What happens after I submit my claim?
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 PCC or 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.
Back To Top
53. When will I hear about the decision on my claim?
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.
Back To Top
54. I already registered—do I still have to 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 or PCC Compensation 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.
During the Claims Process, Proactio, the authorized QCAP Agent, and Epiq, the authorized PCC Agent, are here to help, free of charge, 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 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.
Back To Top
55. What if the Tobacco-Victim is incapacitated or deceased?
For the PCC Compensation Plan, a Legal Representative can submit a claim: (a) on behalf of a living Tobacco-Victim, or (b) on behalf of the Estate of a deceased Tobacco-Victim who was alive on March 8, 2019. The PCC Claim Form includes a table at Attachment A detailing acceptable documents for each province and territory. Note: Surviving Family Members in their own capacity are not eligible to receive direct PCC compensation.
If the PCC-Claimant Tobacco-Victim died without an estate or the estate is now closed, you should speak with a probate lawyer about options to set-up or reactivate an estate at your own cost. The Claims Administrator cannot confirm whether the Tobacco-Victim meets the PCC Eligibility Criteria unless the PCC Claim includes proper legal documentation showing that you are authorized to represent the estate.
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:
- prove the Tobacco-Victim’s death and date of death; and
- 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.
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:
- a Protection Mandate or Mandate in case of Incapacity, homologated by a judgment;
- a judgment ordering tutorship to the claimant;
- a judgment ordering curatorship to the claimant (prior to November 1, 2022); or
- an order naming the representative a provisional administrator to the property of the claimant.
However, payments will only be made in the name of the claimant, not in the name of the representative.
Back To Top
56. What happens if a Tobacco-Victim passes away after submitting a claim?
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 PCC or QCAP Agent 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.
Back To Top
57. What if I no longer wish to file a claim?
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.
Back To Top