
Applicants not satisfied with the decision may request a Reconsideration by the Minister of Human Resource Social Development Canada of the initial decision. The application is reconsidered by a different staff member than the one who did the original adjudication.
Persons who are dissatisfied with Service Canada’s reconsideration decision may choose to appeal their decision to the Office of the Commissioner of Review Tribunals (OCRT) and request leave to appeal at the Pension Appeals Board (PAB), in that order.
Both the OCRT and the PAB are independent agencies and operate at arm’s length from HRSDC.
Neither the RT or PAB can make decisions on compassionate grounds.
Office of the Commission of Review Tribunals (OCRT)
The OCRT is an administrative body which organizes appeals.
Appeals are heard by a 3-member panel. The chair is always a lawyer. In the case of a disability claim, one member is from the Health profession and the third is from the community at large.
The OCRT attempts to schedule these hearings close to the home of the appellant.
The Pension Appeals Board (PAB)
The PAB is a judicial body comprised of former and current judges.
Must request leave to appeal
Three judges sit on an appeal panel.
The schematic slide (above) provides a summary of the CPP decision making process.