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Annual Report of the Canada Pension Plan 2008–09
The Reconsideration and Appeals Process
There are three opportunities to review or appeal a decision on a CPP application. Most requests for review or appeal concern disability benefit applications.
- The first opportunity involves a request to the Minister of Human Resources and Skills Development for a reconsideration or administrative review of an initial application. In 2008–09, Service Canada issued 12 263 reconsiderations of decisions related to CPP benefits, division of pension credits or pension sharing. There were 4499 decisions issued in favour of clients.
A person who is not satisfied with the decision made at the reconsideration level can appeal to a Review Tribunal. A Review Tribunal is an administrative tribunal operating at arm’s length from the government, made up of three people chosen by the Commissioner of Review Tribunals from a panel of 100 to 400 part-time members appointed by the Governor in Council. Hearings are held in more than 110 locations across Canada. Travel and accommodations are provided for parties who are requested to attend a hearing. Claimants may appear on their own behalf or with representation; a Service Canada representative acts on behalf of the Minister. The hearings and the decisions are not open to the public.
In 2008–09, the Office of the Commissioner of Review Tribunals (OCRT) received 3951 appeals under the CPP and held 3619 hearings. The OCRT issued 3763 decisions, of which 1597 were in favour of the appellants. In addition, 362 cases were concluded as a result of settlements.
The next opportunity to appeal under the CPP is at the Pension Appeals Board (PAB)—an administrative tribunal operating at arm’s length from the government. Board members are judges or former judges of the superior courts of a province or the federal courts. At this level of appeal, the claimant or the Minister must first request “leave to appeal,” which is permission for a hearing. Similar to Review Tribunal hearings, Pension Appeals Board hearings are held in major centres across Canada. Travel and accommodations are provided for parties who are requested to attend a hearing. Claimants may appear on their own behalf or with representation; the Minister is represented by a lawyer. The hearings and the decisions are open to the public.
In 2008–09, the PAB received 633 requests for “leave to appeal.” Seventy-six percent of applications reviewed were granted “leave to proceed to a hearing.” In 2008–09, the PAB issued 661 decisions, of which 337 (51 percent) were decided in favour of the claimants.
Decisions of the Pension Appeals Board may be brought to the Federal Court or Federal Court of Appeal for Judicial Review. The Federal Court either upholds a decision or returns it to the Pension Appeals Board for a new hearing.