Pension Appeals Board Rules of Procedure (Benefits) (C.R.C., c. 390)

Regulations are current to 2012-05-14 and last amended on 2010-02-23. Previous Versions

APPLICATION FOR LEAVE TO APPEAL

 An appeal from a decision of a Review Tribunal shall be commenced by serving on the Chairman or Vice-Chairman an application for leave to appeal, which shall be substantially in the form set out in Schedule I and shall contain

  • (a) the date of the decision of the Review Tribunal, the name of the place at which the decision was rendered and the date on which the decision was communicated to the appellant;

  • (b) the full name and postal address of the appellant;

  • (c) the name of an agent or representative, if any, on whom service of documents may be made, and his full postal address;

  • (d) the grounds upon which the appellant relies to obtain leave to appeal; and

  • (e) a statement of the allegations of fact, including any reference to the statutory provisions and constitutional provisions, reasons the appellant intends to submit and documentary evidence the appellant intends to rely on in support of the appeal.

  • SOR/92-18, s. 2;
  • SOR/96-524, s. 2.

EXTENSION OF TIME

 An application for an extension of time within which to apply for leave to appeal a decision of a Review Tribunal shall be served on the Chairman or Vice-Chairman and shall set out the information required by paragraphs 4(a) to (e) and the grounds on which the extension is sought.

  • SOR/92-18, s. 3.

MAKING OF APPLICATIONS

  •  (1) An application under section 4 or 5 shall be made either by the appellant, on the appellant’s own behalf, or in the name of the appellant by a representative, whose authority shall be indicated by the representative.

  • (2) An application served on the Chairman or Vice-Chairman pursuant to section 4 may be deemed by the Chairman or Vice-Chairman to be an application properly made for the purpose of section 5.

  • SOR/92-18, s. 3.

DISPOSITION OF APPLICATIONS

 An application under section 4 or 5 shall be disposed of ex parte, unless the Chairman or Vice-Chairman otherwise directs.

  • SOR/92-18, s. 3.

INFORMATION

  •  (1) On receipt of an application for leave to appeal a decision of a Review Tribunal, the Registrar shall notify the Commissioner in writing that such an application has been filed.

  • (2) The Commissioner, after receiving a notification under subsection (1), shall provide to the Registrar, before the end of the third working day following the day on which the notification was received, the following:

    • (a) the names and addresses of the parties to the proceedings before the Review Tribunal;

    • (b) the decision of the Review Tribunal and the reasons therefor; and

    • (c) the documentary evidence that was filed with the Review Tribunal.

  • SOR/92-18, s. 3.
  •  (1) The Chairman or Vice-Chairman may request the appellant or any party to produce documents or information required for the purpose of the granting or refusal of leave to appeal or an extension of time within which to apply for leave to appeal.

  • (2) The appellant may produce documents that the appellant considers useful in support of the application under section 4 or 5.

  • SOR/92-18, s. 3;
  • SOR/96-524, s. 8.