Canada Pension Plan

Marginal note:Appeal to Review Tribunal

• 82 (1) A party who is dissatisfied with a decision of the Minister made under section 81 or subsection 84(2), or a person who is dissatisfied with a decision of the Minister made under subsection 27.1(2) of the Old Age Security Act, or, subject to the regulations, any person on their behalf, may appeal the decision to a Review Tribunal in writing within 90 days, or any longer period that the Commissioner of Review Tribunals may, either before or after the expiration of those 90 days, allow, after the day on which the party was notified in the prescribed manner of the decision or the person was notified in writing of the Minister’s decision and of the reasons for it.

• Marginal note:Constitution of Review Tribunal

  (2) A Review Tribunal shall be constituted in accordance with this section.

• Marginal note:Panel

  (3) The Governor in Council shall appoint a panel of between 100 and 360 persons resident in Canada, in such a way that, at any given time,

  • (a) at least twenty-five per cent of the members of the panel are members of the bar of a province;

  • (b) at least twenty-five per cent of the members of the panel are persons qualified to practise medicine or a prescribed related profession in a province; and

  • (c) there are members of the panel from every region of Canada.

• Marginal note:Term of appointment to panel

  (4) A person shall be appointed to the panel pursuant to subsection (3) for a term of at least two but not exceeding five years and is eligible for re-appointment on the expiration of his term.

• Marginal note:Commissioner and Deputy Commissioner of Review Tribunals

  (5) The Governor in Council shall appoint a Commissioner of Review Tribunals and a Deputy Commissioner of Review Tribunals, each for a term of at least two but not exceeding five years, and the Commissioner and Deputy Commissioner are eligible for re-appointment on the expiration of their respective terms.

• Marginal note:Absence, etc., of Commissioner

  (6) In the event of the absence or incapacity of the Commissioner of Review Tribunals or if the office of Commissioner is vacant, the Deputy Commissioner of Review Tribunals has all the powers of the Commissioner.

• Marginal note:Composition of Review Tribunal

  (7) Each Review Tribunal shall consist of three persons chosen by the Commissioner from among the members of the panel referred to in subsection (3), subject to the following requirements:

  • (a) the Commissioner must designate a member of the bar of a province as the Chairman of the Review Tribunal; and

  • (b) where the appeal to be heard involves a disability benefit, at least one member of the Review Tribunal must be a person qualified to practise medicine or a prescribed related profession in a province.

• Marginal note:Hearing

  (8) An appeal to a Review Tribunal shall be heard at such place in Canada as is fixed by the Commissioner, having regard to the convenience of the appellant, the Minister, and any other person added as a party to the appeal pursuant to subsection (10).

• Marginal note:Remuneration and expenses

  (9) The Commissioner, Deputy Commissioner and members of Review Tribunals shall be paid such reasonable remuneration and travel and living expenses in connection with the operation of Review Tribunals as are fixed by the Minister.

• Marginal note:Expenses of appellant

  (9.1) An appellant shall be paid such reasonable travel and living expenses incurred in Canada in connection with the hearing of the appeal as are fixed by the Minister.

• Marginal note:Where appeal successful

  (9.2) Notwithstanding subsection (9.1), where an appellant is successful, the appellant shall be paid such reasonable travel and living expenses in connection with the hearing of the appeal as are fixed by the Minister.

• Marginal note:Expenses of other parties

  (9.3) Any person added as a party to the appeal pursuant to subsection (10) shall be paid such reasonable travel and living expenses in connection with the hearing of the appeal as are fixed by the Minister.

• Marginal note:Addition of party to appeal

  (10) Where an appeal is made to a Review Tribunal 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 Review Tribunal, the Minister shall notify the Commissioner of all such persons, and the Commissioner shall add as a party to the appeal any such person who is not already a party thereto.

• Marginal note:Powers of Review Tribunal

  (11) A Review Tribunal may confirm or vary a decision of the Minister made under section 81 or subsection 84(2) or under subsection 27.1(2) of the Old Age Security Act and may take any action in relation to any of those decisions that might have been taken by the Minister under that section or either of those subsections, and the Commissioner of Review Tribunals shall thereupon notify the Minister and the other parties to the appeal of the Review Tribunal’s decision and of the reasons for its decision.

• Marginal note:Decision of majority

  (12) A decision of the majority of the members of a Review Tribunal is a decision of the Tribunal.