73. [Repealed, SOR/2010-45, s. 7]
Reconsideration and Appeal on Behalf of Certain Persons
74. If the Minister or the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act is satisfied, on being presented with medical certificates or other written statements, that a person, by reason of infirmity, illness, insanity or other cause, is incapable of managing their affairs, a request for a reconsideration under subsection 81(1) or (1.1) of the Act or an appeal under section 82 of the Act or section 55 of the Department of Human Resources and Skills Development Act may be made on the person’s behalf by another person or an agency if that other person or agency is authorized by or under a law of Canada or of a province to manage the person’s affairs or, if it appears to the Minister or the Social Security Tribunal that there is no other person or agency so authorized, if that other person or agency is considered to be qualified to do so by the Minister or the Social Security Tribunal, as the case may be.
- SOR/2013-61, s. 2.
Request for Reconsideration
74.1 (1) A request for a reconsideration under subsection 81(1) or (1.1) of the Act shall be made in writing to the Minister and shall set out
(a) the name, address and Social Insurance Number of the contributor;
(b) if the person making the request for the reconsideration is not the contributor, that person’s name and address and their relationship to the contributor; and
(c) the grounds for the request for the reconsideration and a statement of the facts that form the basis of that request.
(2) If it appears to the Minister that the person making the request for a reconsideration has failed to provide information in accordance with any of the requirements of paragraphs (1)(a) to (c) — or has failed to provide sufficient information to allow the Minister to determine if there are circumstances that allow for a longer period in which to make the request — the Minister may take any steps to obtain the information that is necessary to rectify the failure.
(3) For the purposes of subsections 81(1) and (1.1) of the Act and subject to subsection (4), the Minister may allow a longer period to make a request for reconsideration of a decision or determination if the Minister is satisfied that there is a reasonable explanation for requesting a longer period and the person has demonstrated a continuing intention to request a reconsideration.
(4) The Minister must also be satisfied that the request for reconsideration has a reasonable chance of success, and that no prejudice would be caused to the Minister or a party by allowing a longer period to make the request, if the request for reconsideration
(a) is made after the 365-day period after the day on which the person is notified in writing of the decision or determination;
(b) is made by a person who has applied again for the same benefit; or
(c) is made by a person who has requested the Minister to rescind or amend a decision under subsection 81(3) of the Act.
- SOR/92-17, s. 3;
- SOR/96-522, s. 16;
- SOR/2000-133, s. 2;
- SOR/2010-45, s. 9;
- SOR/2013-61, s. 3.
- Date modified: