INFORMATION ON THE PENSION APPEALS BOARD


The Pension Appeals Board is the final opportunity for appeal under the Canada Pension Plan. The Pension Appeals Board is responsible for the hearing of appeals which arise from the decisions of the Review Tribunals of the Office of the Commissioner. It is important to note that the Minister of Social Development can appeal a Review Tribunal decision to the Pension Appeals Board, as can claimants.

Like the Review Tribunal, the Pension Appeals Board is independent from Social Development Canada (SDC). Members of the Pension Appeals Board are federal or provincial court judges or former judges and are appointed by Order in Council. Members include a Chairman, Vice-Chairman, and up to ten permanent Members, and additional temporary Members. An appeal to the Pension Appeals Board shall be heard by either one, three or five Members. Usually three Members hear each case.

APPLICATIONS TO THE PENSION APPLEAS BOARD

Unlike the first two levels in the appeals process, hearings at the Pension Appeals Board are not automatic. Claimants must request "leave to appeal" (permission to appeal) by writing to the Pension Appeals Board within 90 days after receiving the Review Tribunal decision letter. Every request should include the following:

• the claimant's name, address and social insurance number;
• the date of the Review Tribunal decision and the location of the hearing;
• the date the claimant received the Review Tribunal's decision;
• a detailed explanation of why the claimant is requesting leave to appeal;
• the facts which support the appeal;
• any new medical or other information that could affect the appeal and
• the name and address of the claimant's representative, if there is one.

Claimants are responsible for providing all information required to support the appeal.

Using the documents which are received, and without the presence of any parties, one Member of the Pension Appeals Board will decide whether the appeal should be heard. The Pension Appeals Board will write to claimants and SDC to tell them whether or not leave to appeal is granted. If the Board decides not to hear an appeal, the Review Tribunal's decision is final and binding. If the Board decides to hear an appeal, it will schedule a hearing.

HEARINGS

Hearings are held in major cities across Canada and are open to the public. Claimants and SDC will have an opportunity at the hearing to present their cases. Appeals heard by the Pension Appeals Board are by way of a new hearing.

Interpretation services are provided, if they are going to be used. Time is available at each hearing for claimants to express their situation in their own words. Staff in the office can assist you in deciding if you really need interpretation services.

Legal counsel and appropriate expert witnesses always represent the Minister of SDC at these hearings. The claimant may also have legal counsel or a representative of his or her choice. However, a claimant does not need to have a representative.

The Members of the Board and the Registrars will make certain claimants understand each step of the hearing, and have every opportunity to present their cases. If you plan to be represented please let us know. The Board will not share information with a lawyer or representative unless we receive written authorization from you.

Minimal legal costs may be covered if the claimant is granted benefits. Minimal legal costs are also covered for the claimant when the Minister appeals a decision. Minimal refers to costs for the day(s) of the hearing; $200 for a half day and $300 for a full day.

All reasonable traveling and living costs are covered for all claimants. For assistance in obtaining information on the kinds of costs which are covered please call our toll free line at 1-888-640-8001.

The length of time it takes to go through this level of appeal varies by province. Claimants can expect to wait approximately two months before “leave” is granted or refused and one year or less before the case is heard. During this time claimants should be gathering any additional evidence needed for their cases. Unfortunately too many claimants are asking for adjournments at the last minute because they are not ready to proceed with the hearing date. Claimants should let the Board know well in advance if a new hearing date is needed.

Reminder: Claimants should provide new information as soon as it becomes available. Claimants should send any new information to the Pension Appeals Board at least two weeks before their hearing. Claimants who submit new information at their hearing should bring five copies with them. Last minute submissions are discouraged because everyone needs time to consider the material in advance of the hearing.

DECISIONS

The Pension Appeals Board is required by law to prepare written reasons for its decisions. These are sent by the Registrar of the Pension Appeals Board to the parties to the appeal by registered mail or priority courier.

Selected decisions of the Pension Appeals Board are reported by the Commerce Clearing House (CCH) Canadian Employment Benefits and Pension Guide. For further information on this publication the telephone number is
1-800-461-5308. The Pension Appeals Board is starting to put all its decisions on the internet at: www.pab-cap.gc.ca.

Decisions of the Pension Appeals Board and its Members are final and binding for all purposes of the Canada Pension Plan except as provided in Sections 18 and 28 of the Federal Court Act. What this means is that one may ask the Federal Court to review the decision of the Pension Appeals Board. Sometimes the Board will be directed to hear the case again. Questions regarding a judicial review by the Federal Court should be directed to the Federal Court Registrar in each province.

HOW TO GET MORE INFORMATION ON THE PENSION APPEALS BOARD

For information on a specific appeal, appellants and other claimants can call the Pension Appeals Board free of charge at: 1 888 640-8001 or fax to (613) 995-6834 or email to: info@pab-cap.gc.ca or write: P.O. Box 8567 Station "T" Ottawa, ON K1G 3H9 The office staff are available to help everyone with any questions about an application or case. Please call with any questions. During the day your call will be answered by a "live person" and messages after working hours will be returned the next business day.

June 2005