Frequently Asked Questions

In order to qualify for compensation under the tobacco class actions, you must have:

1. Smoked at least 87,600 cigarettes manufactured by Imperial Tobacco, RBH or JTI-MacDonald between January 1, 1950 and November 20, 1998.
   For example:
   20 cigarettes a day for 12 years (20 x 365 x 12 = 87,600 cigarettes); or
   10 cigarettes a day for 24 years (10 x 365 x 24 = 87,600 cigarettes).
2. Been diagnosed before March 12, 2012 with one of the following diseases:
   – Primary lung cancer;
   – Primary squamous cell cancer of the throat (larynx, oropharynx or hypopharynx); or
   – Emphysema or COPD (GOLD Grades 3 or 4)
3. Been a Quebec resident at the time of your diagnosis with the tobacco-related illness.

The heirs of a tobacco victim meeting these 3 criteria are also entitled to compensation if the victim died after November 20, 1998.

In order to qualify for a compensation, a smoker or ex-smoker must have been diagnosed in Quebec before March 12, 2012 with one of the following diseases:

1. Primary lung cancer;
2. Primary throat cancer, specifically squamous cell carcinoma of the larynx, oropharynx or hypopharynx; or
3. Emphysema.

Primary cancer specifies the organ in which it first appeared.

Secondary cancer implies that the initially localized cancer has metastasized and spread to one or more other organs.

For example, kidney cancer initially develops in the tissues of the kidney. It may then metastasize and develop in the lungs.

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 by the class action.

The term “throat” 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 class action.

• 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 (posterior third of the tongue).
  However, the anterior two-thirds of the tongue–also known as the “body of the tongue”–is rather considered a structure of the oral cavity. This portion of the tongue is therefore not covered by the class action, whereas the posterior third is.

So, if you have throat cancer, check which diagnosis you’ve received.
If you’re not sure, register anyway.

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

Emphysema, chronic bronchitis and asthma are part of what is 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.

The current trend in the medical profession is to diagnose COPD as opposed to emphysema. As clinical habits have changed over time, it is possible that a diagnosis of COPD is in fact emphysema. The GOLD classification of COPD may give an indication since stages 3 or 4 of COPD are often emphysema.

You will be able to prove the date of initiation of smoking and the number of cigarettes smoked by means of an affidavit stating that the information you have provided in the claim form is true. This way, you won’t have to provide documents such as receipts or photos.

Proactio will have commissioners of oaths who can swear you in to sign the claim form. The claim period and claim form preparation have not yet begun.

87,600 cigarettes in fact correspond to 12 pack-years. The pack-year is a unit of measure to calculate the smoking history of a smoker or ex-smoker, based on American packs of cigarettes which have 20 cigarettes per pack, whereas there are 25 cigarettes per pack in Canada.

87,600 cigarettes could be, for example:

• 20 cigarettes a day for 12 years:
  (20 × 365 × 12 = 87,600 cigarettes);
• 10 cigarettes a day for 24 years:
  (10 × 365 × 24 = 87,600 cigarettes);
• 10 cigarettes a day for 4 years, then 20 cigarettes a day for 6 years and, finally, 40 cigarettes a day for 2 years, or even;
• 10 cigarettes a day for 2 years, 20 cigarettes a day for 5 years, no cigarettes at all for one year and then 20 cigarettes a day for 6 years.

According to the definition of the class, only the cigarettes smoked on or before November 20, 1998 can be calculated in your smoking history. This means that any cigarette smoked in the past 25 (almost 26) years does not count.

A smoking history might be hard to calculate because of how much time has passed since then and because you think of cigarettes smoked in terms of 25-cigarette packs.

Don’t worry, though, once it is time to claim, we will help you figure out the relevant smoking history.

The brands of cigarettes sold by the Imperial Tobacco, RBH or JTI-MacDonal between January 1, 1950 and November 20, 1998 were:

• Accord
• B&H
• Belmont
• Belvedere
• Camel
• Cameo
• Craven “A”
• Craven “M”
• Du Maurier
• Dunhill
• Export
• LD
• Macdonald
• Mark Ten
• Matinee
• Medallion
• More
• North American Spirit
• Number 7
• Peter Jackson
• Players
• Rothmans
• Vantage
• Viscount
• Winston

These brands include all their sub-brands of cigarettes, like John Player’s Special or Rothmans Special.

To check whether you are registered, send us an email specifying whether you are the person who has been diagnosed with a smoking-related illness or whether you represent the estate of one of these tobacco victims.
Include your full name and file number in the email.
If you don’t have your file number, please provide the date of birth and Quebec health insurance number of the person diagnosed with a smoking-related illness.

To update your registration information, send us an email with your full name, file number and the information you wish to update.

If you don’t have a file number, please provide us with the date of birth and health insurance number of the person diagnosed with a smoking-related illness, so that we can trace the file.

If you don’t have the health insurance number either, please provide us with the full name of the mother (name at birth) of the person diagnosed with a smoking-related illness.

If you have started your registration and couldn’t complete it, please try again more than 48 hours after your first attempt.

If you’re still unable, send us an email with the health insurance number of the person diagnosed with a smoking-related illness so we can trace the file and let you know what to do.

Rest assured, there is no rush to register immediately, as the plan still needs court approval before it can be implemented.

This date is not random, as it marks the 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.

Class counsel and Proactio are currently in contact with the RAMQ to set up a mechanism to facilitate obtaining the NAM. The anticipated solution will take the form of a one-stop shop with a simplified and faster procedure.

We therefore ask that you do not make a request to RAMQ at this time.

Rest assured that suspending your efforts to obtain a NAM will not affect any of your rights, since the official claims process has not yet begun and will certainly not start before the beginning of 2025.

We will advise you shortly of the procedure for obtaining a NAM.

We can help you register even if you do not have the health insurance number of your deceased loved one.

Write us a detailed email with the following information:

• Your full name;
• The tobacco victim’s full name;
• Their date of death;
• The province or territory in which they died;
• The smoking-related disease diagnosed;
• The date of diagnosis.

If you need help filling in the registration form, send us an email with the following information:
Your full name;

• The tobacco victim’s full name;
• Date of death;
• Province or territory of death;
• The smoking-related disease diagnosed;
• Date of diagnosis.

You can also call us at 1 888 880 1844 with this information in hand. We have a dedicated team to assist you in this process.

If you haven’t received a confirmation after submitting your registration form, please check your spam folder. If you still can’t find a confirmation, send us an email at [email protected].

We are currently receiving a high volume of requests. You don’t have to write us again; we will answer all requests in the order in which they were received.

You can also check your spam folder.

If you currently reside, or if the tobacco victim died, in a Canadian province or territory other than Quebec, please contact the Claims Agent for the Pan-Canadian Tobacco Compensation Plan:

Tobacco Claims Agent
c/o Les services d’actions collectives Epiq Canada Inc.
P.O. Box 507, Station B
Ottawa ON K1P 5P6
Toll-free number (in Canada) : 1-888-482-5852
Email: [email protected]

According to the Quebec Plan of Arrangement and Plan of Administration, the financial compensation provided is as follows:

In the event that the $4,119 billion is insufficient to pay the maximum compensations to those with valid claims, compensations will be adjusted downwards on a pro rata basis.

It is impossible to know at this time the indemnity payable to each of the class members. It will only be known at the end of the Claims Process, because it will depend on how many class members claim the indemnity to which they are entitled.

If a tobacco victim has been diagnosed with more than one compensable disease, they or their estate will receive only one compensation for the compensable disease associated with the highest payment in the scale of compensation provided in the Quebec Administration Plan.

There is only one compensation per tobacco victim under the Quebec Administration Plan. The heirs of a tobacco victim who meets the criteria will therefore share among themselves the compensation to which the victim would have been entitled.

Only one person will be responsible for registering the claim in the name of the tobacco victim’s estate, and for submitting the claim once the Plan has been approved by the Court.

Only one person must be responsible for registering on behalf of the tobacco victim’s estate, and for submitting the claim once the Plan has been approved by the Court.

This means you don’t have to fill out a registration form for each heir. All heirs will benefit from the efforts of the person who completed the registration.

Eventually, the person making the claim will have to provide all the documents relating to the estate and an affidavit to validate the information.

We will contact you to complete the file once the Plan has been approved.

It is not necessary to retain a lawyer or a notary to claim.

Should legal questions arise, Proactio will be able to contact class counsel to obtain the appropriate advice for you, at no additional cost to members.

We also have in-house notaries to assist you with questions you may have regarding non-litigious estates, also at no charge to members.

The class action against the tobacco companies was one of the most complex and historic in Canada. It required years of effort, the mobilization of exceptional legal resources and a constant battle against powerful adversaries with considerable resources.

1. A colossal task
The lawyers analyzed a countless number of documents, presented complex technical evidence and assumed all the financial risks. They worked for decades with no guarantee of success, advancing the costs of experts, investigations and proceedings.

2. Historic results
Their work led to convicting judgments against tobacco companies, holding them accountable for their wrongdoing, and securing significant collective compensation for victims.

3. A societal impact
Thanks to this class action, tobacco companies are being held accountable for their actions, sending a strong message about the importance of transparency and corporate responsibility. The lawyers have enabled the members of the class action, as well as other victims in Canada, to benefit from justice to which they would not otherwise have had access.

CCAA stands for Companies’ Creditors Arrangement Act.

The CCAA allows a company with significant debts to continue to operate and reorganize itself in order for it to be able to pay its debts in part and avoid the disastrous consequences of bankruptcy.

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 the people to whom it owes money (i.e., 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.

The purpose of this stay of proceedings is to allow negotiations with all the creditors of the company that has placed itself under the CCAA’s protection. The stay of proceedings makes it possible to negotiate a global settlement for all claims against it.

No. Although the defendant tobacco companies have filed for the CCAA’s protection, they are not bankrupt.

Registering and claiming are 2 distinct processes in a class action.

Registering keeps you informed of important developments in the class action. Potential class members provide their contact details to the class counsel, usually via an online form. This step enables them to receive an email when there is progress in the file. The registration form often includes case-specific questions to help the lawyers manage the case.

Claiming, on the other hand, is designed to compensate class members. Like registration, it generally involves filling in a form, sometimes accompanied by supporting documents. What distinguishes a claim, however, is that it takes place at a later stage in the process, during what is known as the “claim period”. This period follows a final judgment or the approval of a settlement. During the claims period, a claims administrator is normally appointed by the Court to evaluate claims and determine their eligibility.

In a nutshell, registration allows you to follow the progress of the class action, while the purpose of the claim is to obtain compensation.

By registering, you will receive updates on the progress of the case. You also ensure that you will be notified when it’s time to file a claim, as well as get our assistance in preparing your claim.

We will contact you from [email protected] or at the following telephone numbers: 438 384-7230 or 1 888 880-1844.

The information you give us enables the lawyers to keep in touch with you and know the real facts about your situation. This information helps the lawyers to have a better idea of the situation of class members, which is essential to represent you in the best possible way.

In addition, it allows communications to be tailored to your situation, so that the messages you receive are relevant.

To register, fill in the short quiz that will take you to the right registration form.

The questionnaire is available here.

Yes, you can add a contact person to your registration form.

However, it’s important that this contact person is reliable and that you’re comfortable sharing your information with them. Don’t add someone’s email address if you don’t want them to know the information in your file.

There is no deadline to register. You can register up until the start of the claims period.

To register, fill in the short quiz that will take you to the right registration form.

The questionnaire is available here.

No, you don’t have to obtain medical records to claim. Diagnostic information will be obtained for you from the Quebec Cancer Registry or MED-ECHO.

Exception: Proof of diagnosis will be required if the diagnosis cannot be confirmed by the Registre québécois du cancer or MED-ECHO. In this case, we will help you and direct you to the right resources to obtain the relevant medical records.

You do not need to provide us with any medical files. Class members have a substantial advantage under the Quebec Administration Plan, as their diagnostic information will be obtained by the lawyers from the Quebec Cancer Registry or MED-ECHO.

You can still send us your documents via our secure document repository.

We ask you to avoid sending us documents by mail, if possible. If you wish to send us copies of documents by mail, here’s where you should send them:

Tobacco Class Action
140 Grande Allée East
Suite 200
Quebec City (QC) G1R 5P7

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

The compensation in the tobacco class action will not be taxable, as it will not be considered “income”.

In fact, compensation received as damages for personal injury is generally excluded from the calculation of income. For more information in this regard, you can consult the following documents:

1. Canada Revenue Agency bulletin IT 365R2 (see paragraph #5);
2. Revenu Québec’s bulletin, which mentions the same thing.

The compensation will have no impact on your Québec Pension Plan benefits or Old Age Security pension, as it will not be considered “income”.

For more information on the Quebec Pension Plan, see:
https://www.quebec.ca/en/employment/plan-manage-career/plan-retirement/quebec-pension-plan

For more information on the Old Age Security pension, see:
Old Age Security – Canada.ca

Most error messages are due to very high traffic. Try returning to the form at another time. You should then be able to complete your registration.

If the problem is still not resolved, don’t hesitate to send us an email with a screenshot, if possible, to [email protected].

Rest assured that there is no urgency to register immediately, as the plan still needs to receive court approval before it can be implemented.