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PCC Compensation Plan

This page provides a summary of the key elements of the PCC Compensation Plan which is another component of the Plan of arrangement. The PCC Compensation Plan, contained in the Plan of Arrangement, sets out the process by which some Canadian tobacco victims and, in some instances, their heirs may submit a claim for compensation pursuant to CCAA proceedings.

Table of contents

Tobacco Claims Agent


The PCC Compensation Plan has a different agent to help you claim:

Agent Contact Information
Tobacco Claims Agent
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Toll-Free (in Canada) : 1-888-482-5852
Email: [email protected]
Website: tobaccoclaimscanada.ca

If you have any questions regarding the PCC Compensation Plan, please contact Epiq.

Approval Required


The PCC Compensation Plan can’t be implemented yet.

Before the PCC Compensation Plan can be implemented, the Plan of Arrangement in which it is contained must first be approved by the Ontario Superior Court (hereinafter the “Ontario Court”).

It is the same process as the Quebec Plan of Administration because they are both found in the same Plan of Arrangement.

PCC Eligibility Criteria


The Pan-Canadian Claimant Compensation Plan provides for compensation of certain smokers or ex-smokers who have an important smoking history and who have been diagnosed with specific tobacco-related diseases within a specific period.

To qualify to receive compensation through the PCC Compensation Plan, an individual must meet the following criteria:

1. You currently reside in Canada;
2. Between January 1, 1950, and November 20, 1998, you smoked a minimum of 87,600 cigarettes (also called “Twelve Pack-Years”) sold by the Tobacco Companies

How do I calculate a smoking history?

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.

3. Between March 8, 2015, and March 8, 2019 (inclusively), you were diagnosed with :

·Lung cancer, or

Which throat cancers are covered?

The term “throat” is regularly used, but it is not a medical term and it does not describe a specific part of the body. What we commonly call “throat” actually refers to different parts of the upper aerodigestive tract.

The class definition limits the compensable throat cancers to primary squamous cell cancers of the larynx, oropharynx or hypopharynx.

The term “larynx” refers to the upper part of the respiratory passage situated above the trachea, which can also be called the “voice box”. It is divided into three parts: the supraglottis, the glottis and the subglottis.

The term “oropharynx” refers to the part of the pharynx below the soft palate and above the epiglottis, and continuous with the mouth. It includes the soft palate, the side and back walls of the throat, the tonsils and the back third of the tongue. The anterior two-thirds of the tongue – also known as the “body of the tongue” – are, however, considered as a structure of the oral cavity and not included in the oropharynx.

The term “hypopharynx” refers to the laryngeal part of the pharynx extending from the hyoid bone to the lower margin of the cricoid cartilage.

If you are unsure where the throat cancer originated, register anyway.

·Throat cancer (larynx, oropharynx or hypopharynx), or

Which throat cancers are covered?

The term “throat” is regularly used, but it is not a medical term and it does not describe a specific part of the body. What we commonly call “throat” actually refers to different parts of the upper aerodigestive tract.

The class definition limits the compensable throat cancers to primary squamous cell cancers of the larynx, oropharynx or hypopharynx.

The term “larynx” refers to the upper part of the respiratory passage situated above the trachea, which can also be called the “voice box”. It is divided into three parts: the supraglottis, the glottis and the subglottis.

The term “oropharynx” refers to the part of the pharynx below the soft palate and above the epiglottis, and continuous with the mouth. It includes the soft palate, the side and back walls of the throat, the tonsils and the back third of the tongue. The anterior two-thirds of the tongue – also known as the “body of the tongue” – are, however, considered as a structure of the oral cavity and not included in the oropharynx.

The term “hypopharynx” refers to the laryngeal part of the pharynx extending from the hyoid bone to the lower margin of the cricoid cartilage.

If you are unsure where the throat cancer originated, register anyway.

·Emphysema/COPD (GOLD Grade III or IV); and

4. On the date of the diagnosis with lung cancer, throat cancer or Emphysema/COPD (GOLD Grade III or IV), you resided in one of the Provinces or Territories.

If a smoker was alive on March 8, 2019, and met the PR eligibility criteria above, but is now deceased and resided in a province or territory on the date of death, his or her estate may be entitled to receive money under the PR Compensation Plan.

Compensation Amounts for Canadian Victims


The amount of money a Pan-Canadian Claimant may qualify for will depend upon several factors, including: the number of individuals in Canada who meet the PCC Eligibility Criteria, the type of diagnosis, and when the Pan-Canadian Claimant started smoking. These factors all impact the amount of money a claimant who meets all PCC Eligibility Criteria will ultimately receive.

If a claimant has been diagnosed with more than one compensable disease, they will receive only one compensation for the compensable disease associated with the highest payment in the scale of compensation provided in the PCC Compensation Plan.

Maximum payments to claimants who meet all PCC eligibility criteria will be based on the scale shown in the table below, but may be lower if the number of claims accepted is higher than anticipated:

 

 

Tobacco victims and their loved ones who are not eligible for either the PCC Compensation Plan or the Quebec Administration Plan will be compensated indirectly through the creation of a foundation dedicated to research into smoking-related diseases, in particular to develop more effective and rapid screening for these diseases.