Review Tribunal Rules of Procedure (SOR/92-19)

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

Review Tribunal Rules of Procedure

SOR/92-19

CANADA PENSION PLAN

Registration 1991-12-12

Rules of Procedure of a Review Tribunal under the Canada Pension Plan and the Old Age Security Act

P.C. 1991-2464  1991-12-12

His Excellency the Governor General in Council, on the recommendation of the Minister of National Health and Welfare, pursuant to subsection 89(1)Footnote * of the Canada Pension Plan, is pleased hereby to revoke the Review Committee Rules of Procedure, C.R.C., c. 392, and to make the annexed Rules of Procedure of a Review Tribunal under the Canada Pension Plan, in substitution therefor, effective December 31, 1991.

SHORT TITLE

1. These Rules may be cited as the Review Tribunal Rules of Procedure.

INTERPRETATION

2. In these Rules,

“Act”

“Act” means the Canada Pension Plan; (Loi)

“appellant”

“appellant” includes a person who files an appeal under subsection 82(1) of the Act, section 74 of the Canada Pension Plan Regulations or subsection 28(1) of the Old Age Security Act; (appelant)

“Chairman”

“Chairman” means the Chairman of a Tribunal, who is designated under subsection 82(7) of the Act; (président)

“Commissioner”

“Commissioner” means the Commissioner of Review Tribunals, who is appointed under subsection 82(5) of the Act; (commissaire)

“Director”

“Director” [Repealed, SOR/96-523, s. 2]

“member”

“member” means a member of a Tribunal; (membre)

“Minister”

“Minister” means the Minister of Human Resources Development; (ministre)

“Tribunal”

“Tribunal” means a Review Tribunal. (tribunal)

  • SOR/96-523, s. 2;
  • SOR/2000-133, s. 8.

NOTICES OF APPEAL

  • 3. (1) An appeal to a Tribunal shall be commenced by conveying to the Commissioner a notice of appeal in writing setting out

    • (a) the name, postal address and telephone number, and Social Insurance Number or Account Number, of the contributor, applicant or beneficiary;

    • (b) if the appellant is not the contributor, applicant or beneficiary, the appellant’s name, postal address, telephone number and Social Insurance Number, if applicable, and that person’s relationship to the contributor, applicant or beneficiary;

    • (c) the grounds for the appeal including, if applicable, the grounds that put at issue the constitutional validity, applicability or operability of the Act or the Old Age Security Act or regulations made thereunder, and a statement of the facts, issues, statutory provisions, reasons and documentary evidence that the appellant intends to rely on in support of the appeal;

    • (d) the date on which the appellant was notified of the decision of the Minister.

  • (2) Notwithstanding subsection (1), where it appears to the Commissioner that the appellant has failed to provide information in accordance with any of the requirements of paragraphs (1)(a) to (d), the Commissioner may take such steps to obtain the information as are necessary to rectify the failure.

  • SOR/96-523, s. 3.