Canada (not Quebec) Covid Vaccine NFCS

Introduction

The only part of Canada which had an existing no-fault vaccine compensation scheme was Quebec. Details on the Quebec scheme can be found here. This page describes the scheme for covid (and other) vaccines for all of Canada except Quebec which was announced on 8 December 2020, and which incorporated covid-19 vaccines from that date.

This scheme is a non-statutory scheme. It is administered by Oxaro Inc, (previously known as Raymond Chabot Grant Thornton Consulting Inc. or RCGT Consulting Inc.), who are a private body. The funding for the scheme comes from the Federal government.

Vaccines Covered

This NFCS covers nationally approved (Health Canada approved) covid vaccine administered anywhere in Canada other than Quebec. This includes vaccines approved for emergency use and standard approvals.

Injuries Covered

This NFCS only covers permanent injuries.

Under this NFCS any type injury is potentially covered.  This NFCS will only recompense Serious and Permanent injuries. This is defined as a Severe, life-threatening or life-altering injury that may require in-person hospitalization, or a prolongation of existing hospitalization, and results in persistent or significant disability or incapacity, or where the outcome is a congenital malformation or death.

Charges for making a claim

There is no charge for making a claim under this scheme. However, the claim must include a form completed by a doctor. If the doctor charges the claimant for filling in the claim form the scheme is able to reimburse this cost.

Eligible Claimants

Under this scheme the following categories of individuals are permitted to make a claim.

• Live vaccine recipient/their authorised representative
• Beneficiaries of a vaccine recipient/their authorised representative
• The estate/representative of a deceased vaccine recipient

Under this scheme the claimant is allowed to nominate a legal representative to make their claim. Funding for legal representation is not provided by the scheme.

Canadian citizenship is not required to be eligible under the scheme.

Losses covered

This scheme pays the following

Payments consist of a mixture of periodic payments and a lump sum payment.

Funeral expenses are available under this NFCS.

Compensation for non-economic losses under this scheme are calculated on an individual basis using tariffs/guidelines to assist with quantification. 

Loss of earnings are paid under this scheme. They are quantified on an individual basis but with a top cap which is updated annually.

There is no minimum claim value under this NFCS.

Time limits for claims

The scheme does not set a time limit between vaccination and the adverse event occurring. A claim under the scheme must be brought within 3 years of the vaccination or becoming aware of the injury.

Evaluating claims – standard of proof required

Claims are evaluated by a three person expert panel. The standard of proof required by the scheme is that on the balance of probabilities the vaccination did cause the adverse event. This requires a majority decision by the three person panel using the WHO causality assessment "Causality assessment usually will not prove or disprove an association between an event and the immunization. It is meant to assist in determining the level of certainty of such an association. A definite causal association or absence of association often cannot be established for an individual event."

Appeals and the right to litigate

The right to litigate is not affected by use of the scheme - A claimant has a free choice to use the scheme or to litigate. If an individual successfully litigates after they have used the scheme they have to pay back any payments the scheme has awarded them from their court-awarded damages.

There is an internal appeal process where the NFCS itself reviews the decision. The original decisions is reviewed by a different three person panel. There is also the choice to litigate.

Useful information and links

The scheme publishes data on claims & financial performance (claim numbers, payments, claim processing timeframes, administrative costs, etc)

https://vaccineinjurysupport.ca/en