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Third Level - Appeal to the Pension Appeals Board
The Pension Appeals Board (PAB) is the third opportunity for appeal under the CPP. Like the OCRT, the PAB is an independent agency. It is completely separate from HRDC. You can provide any new information before the hearing to support your appeal.
You must request permission to appeal ("leave to appeal") by writing to the PAB within 90 days of receiving the OCRT's decision letter. It is important to note that HRDC can also appeal an OCRT decision.
The PAB will decide whether there are grounds to hear an appeal. If there are grounds it will advise you and HRDC in writing and schedule a hearing. If the PAB decides not to hear the appeal, it will advise you and HRDC in writing. The decision of the OCRT is then final and binding.
The PAB panel is made up of three judges. The hearing is open to the public. Legal counsel and appropriate expert witnesses always represent HRDC at these hearings, and you may have legal counsel or another person represent you. You may be eligible to claim some of the costs related to your hearing.
After the hearing, the PAB will inform you and HRDC of their decision. PAB decisions are final. If you or HRDC believes that there has been an error in fact or in law, you or HRDC may request a judicial review of the PAB decision at the Federal Court of Appeal.
