Canada Pension Plan

Marginal note:Appeal to Pension Appeals Board

• 83 (1) A party or, subject to the regulations, any person on behalf thereof, or the Minister, if dissatisfied with a decision of a Review Tribunal made under section 82, other than a decision made in respect of an appeal referred to in subsection 28(1) of the Old Age Security Act, or under subsection 84(2), may, within ninety days after the day on which that decision was communicated to the party or Minister, or within such longer period as the Chairman or Vice-Chairman of the Pension Appeals Board may either before or after the expiration of those ninety days allow, apply in writing to the Chairman or Vice-Chairman for leave to appeal that decision to the Pension Appeals Board.

• Marginal note:Decision of Chairman or Vice-Chairman

  (2) The Chairman or Vice-Chairman of the Pension Appeals Board shall, forthwith after receiving an application for leave to appeal to the Pension Appeals Board, either grant or refuse that leave.

• Marginal note:Designation

  (2.1) The Chairman or Vice-Chairman of the Pension Appeals Board may designate any member or temporary member of the Pension Appeals Board to exercise the powers or perform the duties referred to in subsection (1) or (2).

• Marginal note:Where leave refused

  (3) Where leave to appeal is refused, written reasons must be given by the person who refused the leave.

• Marginal note:Where leave granted

  (4) Where leave to appeal is granted, the application for leave to appeal thereupon becomes the notice of appeal, and shall be deemed to have been filed at the time the application for leave to appeal was filed.

• Marginal note:Constitution of Board

  (5) The Pension Appeals Board shall consist of the following members to be appointed by the Governor in Council:

  • (a) a Chairman and a Vice-Chairman, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province; and

  • (b) not less than one and not more than eight other persons, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province.

• Marginal note:Temporary members of the Board

  (5.1) Subject to subsections (5.2) and (5.3), in addition to the members of the Pension Appeals Board for whom provision is made by subsection (5), any judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court or of a superior or district court of a province may, on the request of the Chairman of the Board made with the approval of the Governor in Council, act as a temporary member of the Board.

• Marginal note:Consent required

  (5.2) Except in relation to a former judge, no request may be made under subsection (5.1)

  • (a) to a judge of the Federal Court of Appeal or the Federal Court, without the consent of the Chief Justice of the Court or of the Attorney General of Canada; or

  • (b) to a judge of a superior or district court of a province, without the consent of the chief justice or chief judge of that court or of the attorney general of the province.

• Marginal note:Approval of requests by Governor in Council

  (5.3) The Governor in Council may approve the making of requests pursuant to subsection (5.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act as temporary members of the Board under that subsection.

• Marginal note:Remuneration of temporary members

  (5.4) Each temporary member of the Board who is a former judge shall be paid such remuneration as may be fixed by the Minister.

• Marginal note:Expenses of temporary members

  (5.5) Each temporary member of the Board is entitled to be paid such travel and living expenses incurred by the member in the performance of duties and functions under this Act as may be fixed by the Minister.

• Marginal note:Hearing of appeal

  (6) An appeal to the Pension Appeals Board shall be heard by either one, three or five members of the Board, whichever number the Chairman of the Board directs, and where the appeal is heard by three or five members of the Board, the decision of the majority is a decision of the Board.

• Marginal note:Presiding member

  (7) Where an appeal is heard by three or five members of the Pension Appeals Board, the Chairman of the Board shall preside if he is one of those members, or, if he is not, he shall designate one of those members to preside.

• Marginal note:Hearings of the Board

  (8) The Pension Appeals Board may hear appeals at any place or places in Canada, and the Chairman of the Board shall arrange for hearings accordingly.

• Marginal note:Powers and duties of Vice-Chairman

  (9) In the event of the absence or incapacity of the Chairman of the Pension Appeals Board or if the office of Chairman is vacant, the Vice-Chairman of the Board has, subject to any designation made by the Chairman under subsection (7), all the powers and duties of the Chairman.

• Marginal note:Addition of party to appeal

  (10) Where an appeal is made to the Pension Appeals Board in respect of

  • (a) a survivor’s pension payable to the survivor of a deceased contributor,

  • (b) a division of unadjusted pensionable earnings under section 55, 55.1 or 55.2, or

  • (c) an assignment of a contributor’s retirement pension under section 65.1,

  and in the Minister’s opinion a person in addition to the appellant may be directly affected by the decision of the Pension Appeals Board, the Minister shall notify the Board of all such persons, and the Board shall add as a party to the appeal any such person who is not already a party thereto.

• Marginal note:Powers of Pension Appeals Board

  (11) The Pension Appeals Board may confirm or vary a decision of a Review Tribunal under section 82 or subsection 84(2) and may take any action in relation thereto that might have been taken by the Review Tribunal under section 82 or subsection 84(2), and shall thereupon notify in writing the parties to the appeal of its decision and of its reasons therefor.

• (12) [Repealed, 1991, c. 44, s. 22]