The Review Tribunal reviews the information involved in an appeal and makes a decision on whether or not a person should receive the benefits for which they applied. The Review Tribunal is an independent and impartial body that will take an entirely new look at your case. It does not act on behalf of the Appellant, the Minister of SDC or any other party to the appeal.

The Review Tribunal consists of three persons: a Chairperson, who is always a lawyer, and two other members (see Composition of a Review Tribunal).

• Role & Responsibilities
   
• Powers
   
• Composition of Review Tribunal
   
• Review Tribunal Hearings
   
• Review Tribunal Appeal Process
   
• General Statistics

Role & Responsibilities

The main purpose of a Review Tribunal is to hold a hearing and decide an appeal. To make its decision, the Review Tribunal will carefully and impartially consider all of the information provided by the Appellant, the department and any other parties to the appeal, whether or not that information was available at earlier stages of decision-making.

The Canada Pension Plan Regulations set out some of the ground rules for the way in which Review Tribunals carry out their responsibilities. Review Tribunals are also guided by common law principles of procedural fairness. These principles apply to the procedures followed by Review Tribunals, rather than the substance of their decisions. (Review Tribunals must apply the law as written; they have no discretion to change or ignore the CPP or OAS legislation.) Generally speaking, the key principles of procedural fairness that relate to Review Tribunals include:

• the right to know the case you have to meet (the issues and the possible consequences of the proceeding), and the right to have an opportunity to respond (to have a hearing and present your case to the Tribunal).
   
• the right to have the decision made by unbiased Tribunal members.
   
• the right to have the decision made only by the Tribunal members who heard the appeal.

Review Tribunals are also guided by the OCRT's Mission Statement and Code of Conduct.

Powers

A Review Tribunal can only apply the Canada Pension Plan or Old Age Security legislation and make a decision based on the facts of your particular case. The Review Tribunal is not bound by the guidelines and policies of SDC.

The powers of Review Tribunals are set out in the two Acts under which appeals can be made. A Review Tribunal can confirm or vary a decision of the Minister of SDC made under section 81 or subsection 84 of the Canada Pension Plan or under subsection 27.1(2) of the Old Age Security Act.

Under subsection 84 (1) of the Canada Pension Plan, these powers include:

• The authority to determine any question of law or fact as to whether a benefit is payable,
   
• The amount of any such benefit,
   
• Whether a person has a right to a division of pensionable earnings and the amount of the division, and
   
• Whether a person is eligible for an assignment of retirement benefits and the amount of the assignment.

Under Canada Pension Plan

A Review Tribunal can:

• Allow an appeal; that is, reverse or change an SDC decision.
   
• Allow an appeal in part; that is, reverse or change an SDC decision, but not to the extent requested by an appellant.
   
• Deny the appeal; that is, confirm or maintain an SDC decision.
   
• Determine that it has no authority to decide the issue brought before it.

A Review Tribunal cannot:

• Change or ignore the legislation passed by Parliament.
   
• Make a decision based on compassionate or equitable grounds.
   
• Hear appeals involving claims of administrative error or incorrect advice on CPP matters, or to forgive overpayments.

Under Old Age Security Legislation

A Review Tribunal can:

• Allow an appeal; that is, reverse or change an SDC decision.
   
• Allow an appeal in part; that is, reverse or change an SDC decision, but not to the extent requested by an appellant.
   
• Deny the appeal; that is, confirm or maintain an SDC decision.
   
• Determine that it has no authority to decide the issue brought before it.
   

A Review Tribunal cannot:

• Change or ignore the legislation passed by Parliament.
   
• Make a decision based on compassionate or equitable grounds.
   
• Hear appeals where the question at issue relates to the determination of income which falls under the Tax Court of Canada for a decision.
   
• Hear appeals involving claims of administrative error or incorrect advice on OAS matters, or to forgive overpayments.

In addition, Review Tribunals can re-open their own decisions in some circumstances (see Re-opening a Review Tribunal Decision).

Re-opening a Decision of a Review Tribunal under Subsection 84(2)

Once a Review Tribunal renders a decision on an appeal, that decision becomes final and binding¹. The only way to have a Review Tribunal decision changed is to

1. successfully appeal to the Pension Appeals Board; or
    
2. successfully demonstrate, on a re-opening of the Review Tribunal decision, that you have "New Facts" and that you satisfy the other eligibility criteria for the benefit you claim.

If you have additional information that was not before the Review Tribunal at the time of your hearing, you may request that this information be used to re-open the Review Tribunal's decision. An application form for making this request is available on our website or can be obtained by calling our office free of charge at 1-800-363-0076.

What are "New Facts"?

There is no definition in the Canada Pension Plan as to what constitutes "New Facts". However, the Pension Appeals Board and the Federal Court of Canada (Trial and Appeal Divisions) have provided us with guidance as to the meaning of "New Facts". In order for information to be considered as "New Facts" it must meet the following two-part test:

"NEW FACTS" TEST:

First, the evidence must not have been discoverable before the original hearing by the exercise of reasonable diligence², and

Second, there must be a reasonable possibility as opposed to probability that the evidence, if admitted, could lead the Review Tribunal to change its original decision³.

Note: these decisions are available on our website or by telephone request to our office.

What happens when you request a re-opening of the Tribunal's decision?

Our office will arrange for a Review Tribunal to be constituted to review the additional information. The Review Tribunal will also have the materials that were presented at the original hearing. Wherever possible, the 3 members of the Review Tribunal will be the same 3 members who sat for your original hearing. We will ask you whether you would like to attend in person to present your additional information. If you would like to attend we will schedule a hearing at a location that is convenient to all parties. If you do not feel it is necessary for you to attend in person, the Review Tribunal will review this additional information in your absence. In either event our office will send you the Tribunal's decision in writing.

How do I prove I am disabled?

To receive a disability benefit, you must meet the requirements of the Canada Pension Plan legislation. In addition to proving that your disability is both severe⁴ and prolonged⁵ as defined in Section 42 of the Canada Pension Plan, you must also establish that you meet the contributory requirements of the Canada Pension Plan. Your Minimum Qualifying Period will be determined according to the number of valid years of contributions you have made to the Canada Pension Plan. Your Minimum Qualifying Period is the date by which you must be found disabled. It is, therefore, important for you to ensure that the additional information you send us relates to your medical condition as of or before your Minimum Qualifying Period date. Please call our office if you have any questions.

What happens if the Review Tribunal determines that your additional information does not meet the test for "New Facts"?

If the Review Tribunal determines that the additional information does not meet the test for "New Facts", you may apply, in accordance with Section 18.1 of the Federal Court Act, for judicial review to the Federal Court of Canada - Trial Division. You have 30 days from the date of receipt of the Review Tribunal's decision to apply to the Federal Court, although the Court has the discretion to extend that time period.

There is no right of appeal to the Pension Appeals Board if the Review Tribunal determines that the additional information does not meet the test for "New Facts⁶" . However, you do have the option of asking for an extension of time to appeal the original Review Tribunal's decision to the Pension Appeals Board. The decision to grant Leave to Appeal rests with the Pension Appeals Board. For more information about this procedure, please call them free of charge at 1-888-640-8001.

1 Section 84(1) of the Canada Pension Plan

2 Gary Leonard v. MHRD (March 17, 1998) CP 03893, Pension Appeals Board

3 Mian v. The Attorney General of Canada 2001 FCT 433

4 According to Section 42(2)(a)(i) of the CPP a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable regularly of pursuing any substantially gainful occupation.

5 According to Section 42(2)(a)(i) of the CPP a disability is prolonged only if it is determined in prescribed manner that the disability is likely to be long continued and of indefinite duration or is likely to result in death.

6 Maria Oliveira v. MHRD 2004 FCA 136

See FAQ - Question 4.4.

Composition of a Review Tribunal

A Review Tribunal is made up of three Panel Members chosen by the Commissioner of Review Tribunals. There are three categories of Panel Members: Legal, Medical and General.

A Review Tribunal includes a Chairperson, who is always a lawyer and a member of the bar of a province, and two other members. If the appeal involves a CPP disability benefit, at least one of the other two members must be a qualified health care professional from the Medical category. Members in the General category are not required to have medical or legal expertise, however they have a rich and diverse background in community service.

In the case of appeals involving issues under the Charter of Rights and Freedoms, it is the practice of the Commissioner to include at least two lawyers on the Review Tribunal.