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 HRSDC 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).
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:
Review Tribunals are also guided by the OCRT's Mission Statement and Code of Conduct.
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 HRSDC.
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 HRSDC 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:
A Review Tribunal can:
A Review Tribunal cannot:
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.
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.
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 Community.
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 Community category are not required to have medical or legal expertise, however they have a rich and diverse background in community service.