67. (1) For a retirement pension that commences to be payable before January 1, 1987, subject to section 62, where an applicant, other than an estate, has reached sixty-five years of age and payment of the retirement pension is approved, the pension is payable for each month commencing with

(a) the month in which the applicant reached sixty-five years of age,

(b) the latest of the eleventh month preceding the month in which the application was received, the month following the month in which the contributor last worked and for which a contribution was made under this Act or a provincial pension plan and the month following the last month for which unadjusted pensionable earnings have been attributed under section 55, or

(c) the month for which the applicant applied for the pension to commence,

whichever is the latest.

(2) For a retirement pension that commences to be payable on or after January 1, 1987 and where the applicant is not an estate, subject to section 62, where payment of the retirement pension is approved, the pension is payable for each month commencing with the latest of

(a) the month in which the applicant reached sixty years of age,

(b) the month following the month in which the applicant applied, if he was under seventy years of age when he applied,

(c) the month following the month in which the applicant wholly or substantially ceased to be engaged in paid employment or self-employment, if he is then under sixty-five years of age,

(d) the month in which the applicant reached sixty-five years of age, if he has not wholly or substantially ceased to be engaged in paid employment or self-employment,

(e) the twelfth month preceding the month following the month in which the applicant applied, if he was over seventy years of age when he applied,

(f) the month in which the applicant reached seventy years of age, if he applied after reaching that age,

(g) the month of January 1987, if the applicant has reached sixty years of age but not sixty-five years of age before that month, and

(h) the month chosen by the applicant in his application.

(3) Where a person who has applied to receive a retirement pension attains the age of sixty-five years before the day on which the application is received, the pension is payable commencing with the latest of

(a) the twelfth month before the month after the month in which the applicant applied or the month of January 1995, whichever is later,

(b) the month in which the applicant reaches the age of sixty-five years, or

(c) the month chosen by the applicant in the application.

(4) Where a disability pension is no longer payable because a decision that the person was disabled has been reversed or because the person has ceased to be disabled, and on or before the day that is 90 days after the day on which the person is notified that the disability pension has ceased, or within any longer period that the Minister may either before or after the expiration of those 90 days allow, the person applies for a retirement pension, that application is deemed to have been received in the latest of

(a) the month in which the disability pension application was made,

(b) the last month for which the disability pension was payable, and

(c) the month before the month in which the contributor reached the age of 60 years.

R.S., 1985, c. C-8, s. 67; R.S., 1985, c. 30 (2nd Supp.), s. 36, c. 1 (4th Supp.), s. 5; 1995, c. 33, s. 32; 1997, c. 40, s. 82.

68. Subject to this Act, a retirement pension shall continue to be paid during the lifetime of the beneficiary, and shall cease with the payment for the month in which the beneficiary dies.

R.S., c. C-5, s. 67.

68.1 A contributor who has not reached sixty-five years of age at the time of applying for a retirement pension must provide with his application, in prescribed form, proof that he has wholly or substantially ceased to be engaged in paid employment or self-employment.

R.S., 1985, c. 30 (2nd Supp.), s. 37.

69. Subject to section 62, where payment of a disability pension is approved, the pension is payable for each month commencing with the fourth month following the month in which the applicant became disabled, except that where the applicant was, at any time during the five year period next before the month in which the applicant became disabled as a result of which the payment is approved, in receipt of a disability pension payable under this Act or under a provincial pension plan,

(a) the pension is payable for each month commencing with the month next following the month in which the applicant became disabled as a result of which the payment is approved; and

(b) the reference to “fifteen months” in paragraph 42(2)(b) shall be read as a reference to “twelve months”.

R.S., 1985, c. C-8, s. 69; R.S., 1985, c. 30 (2nd Supp.), s. 38.

70. (1) A disability pension ceases to be payable with the payment

(a) for the month in which the beneficiary ceases to be disabled;

(b) for the month immediately preceding the month in which the beneficiary commences to receive a retirement pension under this Act or under a provincial pension plan;

(c) for the month in which the beneficiary reaches sixty-five years of age; or

(d) for the month in which the beneficiary dies.

(2) Where a disability pension ceases to be payable to a person by reason of his having reached sixty-five years of age, an application under section 60 shall be deemed to have been made by and received from that person, in the month in which he reached that age, for a retirement pension to commence with the month following that month.

(3) A person who commences to receive a retirement pension under this Act or under a provincial pension plan is thereafter ineligible to apply or re-apply, at any time, for a disability pension under this Act, except as provided in section 66.1 or in a substantially similar provision of a provincial pension plan, as the case may be.

R.S., 1985, c. C-8, s. 70; R.S., 1985, c. 30 (2nd Supp.), s. 39.

70.1 (1) Subject to this section, a person who has ceased to receive a disability pension because they have returned to work is entitled to have that disability pension reinstated if, within two years after the month in which they ceased to receive the disability pension, they become incapable again of working.

(2) A request by a person for reinstatement of a disability pension shall be made to the Minister in accordance with the regulations. Subsections 60(2), (4), (5) and (8) to (12) apply to the request, with any modifications that the circumstances require.

(3) The Minister shall approve a request made by a person under subsection (2) if the Minister is satisfied that

(a) the person has a severe and prolonged mental or physical disability that is the same as, or is related to, the disability that entitled the person to receive the disability pension that is the subject of the request;

(b) not more than two years have elapsed from the month in which the person ceased to receive the disability pension to the month when they became incapable again of working; and

(c) the person had not reached sixty-five years of age and was not receiving a retirement pension in the month in which they became incapable again of working.

(4) On reinstatement of a disability pension under subsection (3), the Minister shall approve the reinstatement of a disabled contributor's child benefit that had been payable to the child of the person whose disability pension is reinstated if the Minister is satisfied that the child meets the requirements under this Act for payment of a disabled contributor's child benefit.

(5) The Minister shall in writing inform a person who makes a request for reinstatement of a disability pension of the Minister's decision whether or not to approve the request.

(6) The Minister shall in writing inform a person who has made a request for reinstatement of a disability pension, a child of that person or, in relation to that child, a person or agency referred to in section 75 of the Minister's decision whether or not to approve a disabled contributor's child benefit.

(7) The provisions of this Act that apply to a disability pension, except paragraphs 42(2)(b), 44(1)(b) and 44(2)(a) and section 69, apply to a disability pension that is reinstated under this section, with any modifications that the circumstances require.

(8) The provisions of this Act that apply to a disabled contributor's child benefit, except paragraphs 44(1)(e) and 44(2)(a) and subsection 74(2), apply to a disabled contributor's child benefit that is reinstated under this section, with such modifications as the circumstances require.

(9) Despite subsection (7) and subject to any division of unadjusted pensionable earnings under sections 55 to 55.3, the basic monthly amount of a disability pension that is reinstated, and the monthly amount of any survivor's pension under this Act that is payable to the person whose disability pension is reinstated, shall not be less than the amount that was payable for the month immediately preceding the month in which the pension ceased to be payable, adjusted annually in accordance with subsection 45(2).

(10) A disability pension or a contributor's child benefit that is reinstated pursuant to a request under this section is payable commencing with the month following the month in which the person who made the request under this section became incapable again of working.

2004, c. 22, s. 20.

71. (1) Where payment of a death benefit is approved, the Minister shall, except as provided in subsections (2) and (3), pay the death benefit to the estate of the contributor.

(2) The Minister may direct payment of a death benefit in whole or in part to such person or body as is prescribed where

(a) he is satisfied, after making reasonable inquiries, that there is no estate;

(b) the estate has not applied for the death benefit within the prescribed time interval following the contributor’s death; or

(c) the amount of the death benefit is less than the prescribed amount.

(3) Where a payment has been made pursuant to subsection (2), the Minister is not liable to make that payment to any subsequent applicant.

R.S., 1985, c. C-8, s. 71; R.S., 1985, c. 30 (2nd Supp.), s. 40.

72. (1) Subject to subsection (2) and section 62, where payment of a survivor’s pension is approved, the pension is payable for each month commencing with the month following

(a) the month in which the contributor died, in the case of a survivor who at the time of the death of the contributor had reached thirty-five years of age or was a survivor with dependent children,

(b) the month in which the survivor became a survivor who, not having reached sixty-five years of age, is disabled, in the case of a survivor other than a survivor described in paragraph (a), or

(c) the month in which the survivor reached sixty-five years of age, in the case of a survivor other than a survivor described in paragraph (a) or (b),

but in no case earlier than the twelfth month preceding the month following the month in which the application was received.

*(2) In the case of a survivor who was the contributor’s common-law partner and was not, immediately before the coming into force of this subsection, a person described in subparagraph (a)(ii) of the definition “spouse” in subsection 2(1) as that definition read at that time, no survivor’s pension may be paid for any month before the month in which this subsection comes into force.

* [Note: Subsection 72(2) in force July 31, 2000, see SI/2000-76.]

R.S., 1985, c. C-8, s. 72; 2000, c. 12, ss. 54, 64.

73. (1) Subject to this Act, a survivor’s pension shall continue to be paid during the lifetime of the beneficiary, and shall cease with the payment for the month in which the beneficiary dies.

*(2) If

(a) a contributor died on or after January 1, 1998 but before the coming into force of this subsection, and

(b) a survivor’s pension was, immediately before that coming into force, payable to a survivor who had been married to the contributor at the time of the contributor’s death,

the approval of payment of a survivor’s pension, in respect of that contributor’s death, to a survivor who was the contributor’s common-law partner at the time of the contributor’s death and was not a person described in subparagraph (a)(ii) of the definition “spouse” in subsection 2(1) as that definition read at that time, does not affect the right of the survivor referred to in paragraph (b) to continue to receive the survivor’s pension in accordance with subsection (1).

* [Note: Subsection 73(2) in force July 31, 2000, see SI/2000-76.]

R.S., 1985, c. C-8, s. 73; 2000, c. 12, s. 55.

74. (1) An application for a disabled contributor’s child’s benefit or orphan’s benefit may be made on behalf of a disabled contributor’s child or orphan by the child or orphan or by any other person or agency to whom the benefit would, if the application were approved, be payable under this Part.

(2) Subject to section 62, where payment of a disabled contributor’s child’s benefit or orphan’s benefit in respect of a contributor is approved, the benefit is payable for each month commencing with,

(a) in the case of a disabled contributor’s child’s benefit, the later of

(i) the month commencing with which a disability pension is payable to the contributor under this Act or under a provincial pension plan, and

(ii) the month next following the month in which the child was born or otherwise became a child of the contributor, and

(b) in the case of an orphan’s benefit, the later of

(i) the month following the month in which the contributor died, and

(ii) the month next following the month in which the child was born,

but in no case earlier than the twelfth month preceding the month following the month in which the application was received.

(3) Where a disabled contributor’s child’s benefit has become payable to a child under this Act or under a provincial pension plan in respect of any contributor thereunder or an orphan’s benefit has become payable to an orphan under this Act or under a provincial pension plan in respect of any contributor thereunder, no disabled contributor’s child’s benefit or orphan’s benefit is payable to that person under this Act in respect of any other such contributor except another parent of that person, and in no case shall such a benefit be paid to that person in respect of more than two contributors.

(3.1) In subsection (3), “parent” has the reciprocal meaning to that of “child”.

(4) [Repealed, 1991, c. 44, s. 18]

R.S., 1985, c. C-8, s. 74; R.S., 1985, c. 30 (2nd Supp.), s. 41; 1991, c. 44, s. 18.

75. Where a disabled contributor’s child’s benefit is payable to a child of a disabled contributor or an orphan’s benefit is payable to an orphan of a contributor, payment thereof shall, if the child or orphan has not reached eighteen years of age, be made to the person or agency having custody and control of the child or orphan, or, where there is no person or agency having custody and control of the child or orphan, to such person or agency as the Minister may direct, and for the purposes of this Part,

(a) the contributor, in relation to a disabled contributor’s child, except where the child is living apart from the contributor, and

(b) the survivor, if any, of the contributor, in relation to an orphan, except where the orphan is living apart from the survivor,

shall be presumed, in the absence of any evidence to the contrary, to be the person having custody and control of the child or orphan.

R.S., 1985, c. C-8, s. 75; 2000, c. 12, s. 56.

76. (1) A disabled contributor’s child’s benefit ceases to be payable with the payment for the month in which

(a) the child ceases to be a dependent child;

(b) the child dies;

(c) the contributor’s disability benefit ceases to be payable;

(d) the child is adopted legally or in fact by someone other than the disabled contributor or the disabled contributor’s spouse or common-law partner, unless the disabled contributor is maintaining the child, as defined by regulation; or

(e) the disabled contributor ceases to have custody and control of the child, where the child is a child as defined in subsection 42(1) by reason of the disabled contributor having had such custody and control.

(2) An orphan’s benefit ceases to be payable with the payment for the month in which the child ceases to be a dependent child or dies.

(3) Where, by reason of the death of a contributor, a disabled contributor’s child’s benefit ceases to be payable to a person who is 18 years of age or older at the time of that death, an application under section 60 for an orphan’s benefit shall be deemed to have been made by that person in the month in which the contributor died.

R.S., 1985, c. C-8, s. 76; R.S., 1985, c. 30 (2nd Supp.), s. 42; 1991, c. 44, s. 19; 2000, c. 12, s. 57.

77. Where, by virtue of any provision of this Act other than this section, a benefit is payable under this Act to or in respect of any contributor, notwithstanding anything in this Part except as provided in section 80, the amount of the benefit that is payable under this Act is an amount equal to that proportion of the amount of the benefit payable to or in respect of the contributor, calculated as provided in this Part without regard to this section, that

(a) the total pensionable earnings of the contributor attributable to contributions made under this Act,

are of

(b) the total pensionable earnings of the contributor.

R.S., c. C-5, s. 80.

78. The total pensionable earnings of a contributor attributable to contributions made under this Act are an amount equal to the amount that his total pensionable earnings would be if the unadjusted pensionable earnings of the contributor for a year were that proportion of his unadjusted pensionable earnings for the year that

(a) his earnings on which a contribution has been made for the year under this Act, calculated as provided in subparagraph 53(b)(i),

are of

(b) the aggregate of the amount mentioned in paragraph (a) and his earnings on which a contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53(b)(ii).

R.S., c. C-5, s. 81.

79. For a year of a division as determined under section 55 or 55.1 and under a provincial pension plan, the total pensionable earnings of a contributor attributable to contributions made under this Act are an amount equal to the amount that his total pensionable earnings would be if the unadjusted pensionable earnings of the contributor for the year were that proportion of his unadjusted pensionable earnings for the year that

(a) his unadjusted pensionable earnings attributed under subsection 55(4) or 55.2(5)

are of

(b) his total unadjusted pensionable earnings for the year determined under subsection 55(5) or 55.2(6).

R.S., 1985, c. C-8, s. 79; R.S., 1985, c. 30 (2nd Supp.), s. 43.

80. (1) Notwithstanding section 77, the Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement with the appropriate authority of a province providing a comprehensive pension plan to provide for the administration and coordination of this Act and the provincial pension plan in respect of persons who are contributors under this Act or the provincial plan or both, including, without limiting the generality of the foregoing,

(a) the determination and payment of any benefit, or portion thereof, payable under this Act or under the provincial pension plan;

(b) the determination, processing and approval of divisions of unadjusted pensionable earnings under this Act and under the provincial pension plan;

(c) the determination, processing and approval of applications for assignments, under this Act or under the provincial pension plan, of a retirement pension to the spouse or common-law partner of a contributor;

(d) the exchange of such information obtained under this Act or under the provincial pension plan as is necessary to give effect to the agreement; and

(e) the payment under this Act in accordance with the agreement of the whole amount of any benefit payable to or in respect of a contributor, calculated as provided in this Part without regard to section 77, in which case the whole amount of that benefit shall be deemed to be payable under this Act to or in respect of that contributor.

(2) Where, in accordance with any agreement entered into under subsection (1), the whole amount of any benefit payable to or in respect of a contributor, calculated in a manner similar to that described in paragraph (1)(e), is payable under the provincial pension plan referred to in that subsection, the whole amount of that benefit shall be deemed to be payable under the provincial pension plan to or in respect of that contributor.

(3) Any agreement entered into under subsection (1) may provide therein for the making of any financial adjustments required to be made by reason of any payments made to or in respect of a contributor in accordance with that agreement, and for the crediting or charging of the amount of those adjustments to the Canada Pension Plan Account.

R.S., 1985, c. C-8, s. 80; R.S., 1985, c. 30 (2nd Supp.), s. 44; 2000, c. 12, s. 58.

80.1 (1) The Minister may, with the approval of the Governor in Council, on behalf of the Government of Canada enter into an agreement with any person or body responsible for the administration of

(a) any other Act of Parliament,

(b) an Act of the legislature of a province, or

(c) a federal or provincial activity established other than under an Act of Parliament or of the legislature of a province,

that provides for periodic payments to persons in respect of accidents, injuries, illnesses and occupational diseases for the purpose of limiting the total amount that is payable to a beneficiary as a disability benefit under this Act and as periodic payments under that other law or activity.

(2) The agreement shall provide rules for determining how much, if any, of the total amount payable to a beneficiary shall be payable under this Act and how much, if any, shall be payable under that other law or activity.

(3) Notwithstanding anything in this Act, but subject to subsection (4), where an agreement entered into pursuant to subsection (1) applies in respect of a beneficiary, the only amounts that may be payable as disability benefits to the beneficiary under this Act are the amounts provided for by the agreement.

(4) An agreement may not

(a) change a person’s eligibility to receive a benefit as a disabled contributor’s child or the amount of that benefit;

(b) change the determination of months that are excluded from a beneficiary’s contributory period by reason of disability;

(c) result in a beneficiary receiving, in respect of any month, disability benefits under this Act and payments under the other law or activity that are less than the disability benefits that would be otherwise payable under this Act for the month if there were no such agreement; or

(d) result in a beneficiary receiving, in respect of any month, disability benefits under this Act that are greater than the disability benefits that would otherwise be payable under this Act if there were no agreement.

1997, c. 40, s. 83.

81. (1) Where

(a) a spouse, former spouse, common-law partner, former common-law partner or estate is dissatisfied with any decision made under section 55, 55.1, 55.2 or 55.3,

(b) an applicant is dissatisfied with any decision made under section 60,

(c) a beneficiary is dissatisfied with any determination as to the amount of a benefit payable to the beneficiary or as to the beneficiary’s eligibility to receive a benefit,

(d) a beneficiary or the beneficiary’s spouse or common-law partner is dissatisfied with any decision made under section 65.1, or

(e) a person who made a request under section 70.1, a child of that person or, in relation to that child, a person or agency referred to in section 75 is dissatisfied with any decision made under section 70.1,

the dissatisfied party or, subject to the regulations, any person on behalf thereof may, within ninety days after the day on which the dissatisfied party was notified in the prescribed manner of the decision or determination, or within such longer period as the Minister may either before or after the expiration of those ninety days allow, make a request to the Minister in the prescribed form and manner for a reconsideration of that decision or determination.

(2) The Minister shall forthwith reconsider any decision or determination referred to in subsection (1) and may confirm or vary it, and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable, and shall thereupon in writing notify the party who made the request under subsection (1) of the Minister’s decision and of the reasons therefor.

R.S., 1985, c. C-8, s. 81; R.S., 1985, c. 30 (2nd Supp.), s. 45; 1991, c. 44, s. 20; 1995, c. 33, s. 34; 2000, c. 12, s. 59; 2004, c. 22, s. 21.

82. (1) A party who is dissatisfied with a decision of the Minister made under section 81 or subsection 84(2), or a person who is dissatisfied with a decision of the Minister made under subsection 27.1(2) of the Old Age Security Act, or, subject to the regulations, any person on their behalf, may appeal the decision to a Review Tribunal in writing within 90 days, or any longer period that the Commissioner of Review Tribunals may, either before or after the expiration of those 90 days, allow, after the day on which the party was notified in the prescribed manner of the decision or the person was notified in writing of the Minister’s decision and of the reasons for it.

(2) A Review Tribunal shall be constituted in accordance with this section.

(3) The Governor in Council shall appoint a panel of between one hundred and four hundred persons resident in Canada, in such a way that, at any given time,

(a) at least twenty-five per cent of the members of the panel are members of the bar of a province;

(b) at least twenty-five per cent of the members of the panel are persons qualified to practise medicine or a prescribed related profession in a province; and

(c) there are members of the panel from every region of Canada.

(4) A person shall be appointed to the panel pursuant to subsection (3) for a term of at least two but not exceeding five years and is eligible for re-appointment on the expiration of his term.

(5) The Governor in Council shall appoint a Commissioner of Review Tribunals and a Deputy Commissioner of Review Tribunals, each for a term of at least two but not exceeding five years, and the Commissioner and Deputy Commissioner are eligible for re-appointment on the expiration of their respective terms.

(6) In the event of the absence or incapacity of the Commissioner of Review Tribunals or if the office of Commissioner is vacant, the Deputy Commissioner of Review Tribunals has all the powers of the Commissioner.

(7) Each Review Tribunal shall consist of three persons chosen by the Commissioner from among the members of the panel referred to in subsection (3), subject to the following requirements:

(a) the Commissioner must designate a member of the bar of a province as the Chairman of the Review Tribunal; and

(b) where the appeal to be heard involves a disability benefit, at least one member of the Review Tribunal must be a person qualified to practise medicine or a prescribed related profession in a province.

(8) An appeal to a Review Tribunal shall be heard at such place in Canada as is fixed by the Commissioner, having regard to the convenience of the appellant, the Minister, and any other person added as a party to the appeal pursuant to subsection (10).

(9) The Commissioner, Deputy Commissioner and members of Review Tribunals shall be paid such reasonable remuneration and travel and living expenses in connection with the operation of Review Tribunals as are fixed by the Minister.

(9.1) An appellant shall be paid such reasonable travel and living expenses incurred in Canada in connection with the hearing of the appeal as are fixed by the Minister.

(9.2) Notwithstanding subsection (9.1), where an appellant is successful, the appellant shall be paid such reasonable travel and living expenses in connection with the hearing of the appeal as are fixed by the Minister.

(9.3) Any person added as a party to the appeal pursuant to subsection (10) shall be paid such reasonable travel and living expenses in connection with the hearing of the appeal as are fixed by the Minister.

(10) Where an appeal is made to a Review Tribunal in respect of

(a) a survivor’s pension payable to the survivor of a deceased contributor,

(b) a division of unadjusted pensionable earnings under section 55, 55.1 or 55.2, or

(c) an assignment of a contributor’s retirement pension under section 65.1

and in the Minister’s opinion a person in addition to the appellant may be directly affected by the decision of the Review Tribunal, the Minister shall notify the Commissioner of all such persons, and the Commissioner shall add as a party to the appeal any such person who is not already a party thereto.

(11) A Review Tribunal may confirm or vary a decision of the Minister made under section 81 or subsection 84(2) or under subsection 27.1(2) of the Old Age Security Act and may take any action in relation to any of those decisions that might have been taken by the Minister under that section or either of those subsections, and the Commissioner of Review Tribunals shall thereupon notify the Minister and the other parties to the appeal of the Review Tribunal’s decision and of the reasons for its decision.

(12) A decision of the majority of the members of a Review Tribunal is a decision of the Tribunal.

R.S., 1985, c. C-8, s. 82; R.S., 1985, c. 30 (2nd Supp.), s. 45; 1991, c. 44, s. 21; 1995, c. 33, s. 35; 1997, c. 40, s. 85; 2000, c. 12, ss. 60, 64.

83. (1) A party or, subject to the regulations, any person on behalf thereof, or the Minister, if dissatisfied with a decision of a Review Tribunal made under section 82, other than a decision made in respect of an appeal referred to in subsection 28(1) of the Old Age Security Act, or under subsection 84(2), may, within ninety days after the day on which that decision was communicated to the party or Minister, or within such longer period as the Chairman or Vice-Chairman of the Pension Appeals Board may either before or after the expiration of those ninety days allow, apply in writing to the Chairman or Vice-Chairman for leave to appeal that decision to the Pension Appeals Board.

(2) The Chairman or Vice-Chairman of the Pension Appeals Board shall, forthwith after receiving an application for leave to appeal to the Pension Appeals Board, either grant or refuse that leave.

(2.1) The Chairman or Vice-Chairman of the Pension Appeals Board may designate any member or temporary member of the Pension Appeals Board to exercise the powers or perform the duties referred to in subsection (1) or (2).

(3) Where leave to appeal is refused, written reasons must be given by the person who refused the leave.

(4) Where leave to appeal is granted, the application for leave to appeal thereupon becomes the notice of appeal, and shall be deemed to have been filed at the time the application for leave to appeal was filed.

(5) The Pension Appeals Board shall consist of the following members to be appointed by the Governor in Council:

( a) a Chairman and a Vice-Chairman, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province; and

( b) not less than one and not more than ten other persons, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province.

(5.1) Subject to subsections (5.2) and (5.3), in addition to the members of the Pension Appeals Board for whom provision is made by subsection (5), any judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court or of a superior or district court of a province may, on the request of the Chairman of the Board made with the approval of the Governor in Council, act as a temporary member of the Board.

(5.2) Except in relation to a former judge, no request may be made under subsection (5.1)

( a) to a judge of the Federal Court of Appeal or the Federal Court, without the consent of the Chief Justice of the Court or of the Attorney General of Canada; or

( b) to a judge of a superior or district court of a province, without the consent of the chief justice or chief judge of that court or of the attorney general of the province.

(5.3) The Governor in Council may approve the making of requests pursuant to subsection (5.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act as temporary members of the Board under that subsection.

(5.4) Each temporary member of the Board who is a former judge shall be paid such remuneration as may be fixed by the Minister.

(5.5) Each temporary member of the Board is entitled to be paid such travel and living expenses incurred by the member in the performance of duties and functions under this Act as may be fixed by the Minister.

(6) An appeal to the Pension Appeals Board shall be heard by either one, three or five members of the Board, whichever number the Chairman of the Board directs, and where the appeal is heard by three or five members of the Board, the decision of the majority is a decision of the Board.

(7) Where an appeal is heard by three or five members of the Pension Appeals Board, the Chairman of the Board shall preside if he is one of those members, or, if he is not, he shall designate one of those members to preside.

(8) The Pension Appeals Board may hear appeals at any place or places in Canada, and the Chairman of the Board shall arrange for hearings accordingly.

(9) In the event of the absence or incapacity of the Chairman of the Pension Appeals Board or if the office of Chairman is vacant, the Vice-Chairman of the Board has, subject to any designation made by the Chairman under subsection (7), all the powers and duties of the Chairman.

(10) Where an appeal is made to the Pension Appeals Board in respect of

( a) a survivor’s pension payable to the survivor of a deceased contributor,

( b) a division of unadjusted pensionable earnings under section 55, 55.1 or 55.2, or

( c) an assignment of a contributor’s retirement pension under section 65.1,

and in the Minister’s opinion a person in addition to the appellant may be directly affected by the decision of the Pension Appeals Board, the Minister shall notify the Board of all such persons, and the Board shall add as a party to the appeal any such person who is not already a party thereto.

(11) The Pension Appeals Board may confirm or vary a decision of a Review Tribunal under section 82 or subsection 84(2) and may take any action in relation thereto that might have been taken by the Review Tribunal under section 82 or subsection 84(2), and shall thereupon notify in writing the parties to the appeal of its decision and of its reasons therefor.

(12) [Repealed, 1991, c. 44, s. 22]

R.S., 1985, c. C-8, s. 83; R.S., 1985, c. 41 (1st Supp.), s. 12, c. 27 (2nd Supp.), s. 7, c. 30 (2nd Supp.), s. 45; 1991, c. 44, s. 22; 1995, c. 33, s. 36; 1997, c. 40, s. 85.1; 2000, c. 12, ss. 61, 64; 2002, c. 8, s. 121.

84. (1) A Review Tribunal and the Pension Appeals Board have authority to determine any question of law or fact as to

(a) whether any benefit is payable to a person,

(b) the amount of any such benefit,

(c) whether any person is eligible for a division of unadjusted pensionable earnings,

(d) the amount of that division,

(e) whether any person is eligible for an assignment of a contributor’s retirement pension, or

(f) the amount of that assignment,

and the decision of a Review Tribunal, except as provided in this Act, or the decision of the Pension Appeals Board, except for judicial review under the Federal Courts Act, as the case may be, is final and binding for all purposes of this Act.

(2) The Minister, a Review Tribunal or the Pension Appeals Board may, notwithstanding subsection (1), on new facts, rescind or amend a decision under this Act given by him, the Tribunal or the Board, as the case may be.

R.S., 1985, c. C-8, s. 84; R.S., 1985, c. 30 (2nd Supp.), s. 45; 1990, c. 8, s. 46; 2002, c. 8, s. 182.

85. Where the legislature of a province providing a comprehensive pension plan has enacted a law under which it is provided that the Pension Appeals Board has jurisdiction to consider and render a decision on an appeal under the provincial pension plan of that province from a determination or decision made under that plan, the Pension Appeals Board shall, in accordance with such rules as may be prescribed regulating the procedure to be followed on any such appeal to it, consider the matter of any such appeal and render a decision thereon, and shall thereupon in prescribed form and manner notify the parties to the appeal of its decision and of its reasons therefor.

R.S., c. C-5, s. 87.

86. (1) Where on an appeal to the Pension Appeals Board from a decision of a Review Tribunal, an appellant is requested by the Board to attend before it on the hearing of the appeal and so attends, the appellant is entitled to be paid such reasonable travel and living expenses incurred in Canada and compensation for loss of remuneration as are fixed by the Minister.

(1.1) Notwithstanding subsection (1), where an appellant is successful, the appellant is entitled to be paid such reasonable travel and living expenses in connection with the hearing of the appeal and compensation for loss of remuneration as are fixed by the Minister.

(1.2) Where on an appeal to the Pension Appeals Board from a decision of a Review Tribunal, a respondent or other party to the appeal is requested by the Board to attend before it on the hearing of the appeal and so attends, the respondent or other party shall be paid such reasonable travel and living expenses and compensation for loss of remuneration as are fixed by the Minister.

(2) Where

(a) on an appeal by the Minister to the Pension Appeals Board from a decision of a Review Tribunal, a person who benefits by the decision from which the Minister is appealing, or a person added as a party pursuant to subsection 83(10), is represented by counsel on the hearing of the appeal, or

(b) on an appeal by a person other than the Minister to the Pension Appeals Board from a decision of a Review Tribunal, that person, or a person added as a party pursuant to subsection 83(10), is represented by counsel on the hearing of the appeal and is successful at the appeal,

that person is entitled to be paid such legal expenses as may be approved by the Minister.

(3) Where any travel and other allowances, including compensation for loss of remuneration, may be paid to any person under subsection (1) or any legal expenses may be paid to any person under subsection (2), those allowances, including compensation, or those expenses may, in lieu of being paid to that person, be paid, subject to the regulations, to any person acting on his behalf.

R.S., 1985, c. C-8, s. 86; R.S., 1985, c. 30 (2nd Supp.), s. 46; 1995, c. 33, s. 37.

86.1 Where a decision is made by a Review Tribunal or the Pension Appeals Board in respect of a benefit, the Minister may stay payment of the benefit until the latest of

(a) the expiration of the period allowed for making an application for leave to appeal to the Pension Appeals Board,

(b) the expiration of the period allowed for making an application under the Federal Courts Act for judicial review of the decision, and

(c) where Her Majesty has made an application under the Federal Courts Act for judicial review of the decision, the month in which all proceedings in relation to the judicial review have been completed.

1995, c. 33, s. 38; 2002, c. 8, s. 182.