Short Title

1 These Rules may be cited as the Pension Appeals Board Rules of Procedure (Benefits).

Interpretation

2 In these Rules,

Act

Act means the Canada Pension Plan; (Loi)

appellant

appellant means a person, or an agency referred to in section 74 of the Canada Pension Plan Regulations, who makes an application under subsection 83(1) of the Act for leave to appeal or for an extension of time within which to apply for leave to appeal; (appelant)

Board

Board means the Pension Appeals Board; (Commission)

Chairman

Chairman means the Chairman of the Board who is appointed under subsection 83(5) 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Director[Repealed, SOR/96-524, s. 1]

interested party

interested party[Repealed, SOR/96-524, s. 1]

Minister

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

party

party means the appellant or the respondent who was a party to the proceedings before a Review Tribunal that rendered a decision appealed to the Board, and includes any person added as a party under subsection 83(10) of the Act; (partie)

Registrar

Registrar means the Registrar of the Board; (registraire)

Vice-Chairman

Vice-Chairman means the Vice-Chairman of the Board who is appointed under subsection 83(5) of the Act. (vice-président)

Application

3 These Rules apply to appeals brought pursuant to section 83 of the Act.

Application for Leave to Appeal

4 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.

Extension of Time

5 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.

Making of Applications

• 6 (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.

Disposition of Applications

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

Information

• 8 (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.

• 9 (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.

Appeals

• 10 (1) Where leave to appeal is granted, the Registrar shall forthwith notify every party, in writing, of the granting of leave to appeal and send to every such party, other than the appellant, a copy of the notice of appeal together with a copy of any documents submitted in support of the appeal.

• (2) Where a party who receives a copy of a notice of appeal pursuant to subsection (1) wishes to be heard on the hearing of the appeal, that party shall, within thirty days after the day on which the copy of the notice of appeal was received, or such longer time as the Chairman or Vice-Chairman may allow, file with the Registrar a reply.

• (3) A reply referred to in subsection (2) shall contain

  • (a) a statement admitting or denying the allegations of fact in the notice of appeal; and

  • (b) a statement of any further allegations of fact and of the statutory provisions and reasons on which the party intends to rely.

• (4) On receipt of the reply of any party, the Registrar shall forward a copy of that reply to every other party to the appeal.

Notice of Motion

• 10.1 (1) Any matter that arises, in the course of an appeal or seeking leave to appeal, that can be considered in advance of the hearing of the appeal without the personal appearance of the parties and requires a decision or order of the Board, may be brought before the Chairman or Vice-Chairman by notice of motion.

• (2) A notice of motion shall

  • (a) be in writing in any form;

  • (b) state the precise relief sought and the grounds to be argued, including a reference to any statutory provision or any rule contained in these Rules, and lists the documentary evidence to be used; and

  • (c) shall be accompanied by an affidavit verifying the facts that the applicant relies upon and all documentary evidence related thereto. Any other party may file an affidavit in reply.

• (3) A notice of motion and all accompanying documents and representations of a party shall be filed with the Registrar and shall be served on every other party to the appeal not later than 10 days prior to the hearing of the appeal. A party opposing the motion shall file with the Registrar and shall serve on every other party to the appeal not later than five clear days prior to the hearing of the appeal any affidavit or written representations upon which the party intends to rely.

• (4) A notice of motion may be disposed of by the Chairman or the Vice-Chairman without the requirement of an oral hearing, unless the Chairman or Vice-Chairman otherwise directs.

• (5) A decision or order on a notice of motion shall be made and conveyed to the parties to the appeal not later than three days prior to the date set for the hearing of the appeal. Written reasons shall be issued on the request of any party to the appeal.

• (6) Despite subsections (2) to (5), a notice of motion in connection with a matter that has not been served on a party prior to the commencement of the hearing of the appeal may be brought orally at the hearing and shall be disposed of in accordance with such procedures as the Board may direct.

• 10.2 (1) Where the constitutional validity, applicability or operability of any provision of the Act or any regulations made thereunder is to be put in issue before the Board in relation to a matter under appeal to the Board, the party raising the issue shall, within 60 days after the date that notice granting leave to appeal is received, file with the Registrar four copies of a brief containing a concise memorandum of the points to be argued and four copies of the authorities upon which the party intends to rely. The party shall also serve, at the same time, a copy of the brief and of the authorities on every other party to the appeal.

• (2) The party shall, at least 10 days before the date set for the hearing of the appeal, also serve notice of the issue referred to in subsection (1) on the persons referred to in subsection 57(1) of the Federal Courts Act and provide a copy and proof of service of that notice to the Registrar.

• (3) Within 30 days after the date of receipt of the brief referred to in subsection (1), the other parties shall file with the Registrar four copies of a brief containing a concise memorandum of the points to be argued and four copies of the authorities upon which they intend to rely. They shall also serve, at the same time, a copy of the brief and of the authorities on every other party to the appeal.

• (4) Where the proof of service required by subsection (2) has not been provided in accordance with that subsection, the Board may, on the request of any party or on its own motion, adjourn the hearing.

11 [Revoked, SOR/92-18, s. 3]

Hearing of the Case

• 12 (1) After the time for filing a reply under subsection 10(2) has expired, the matter shall be deemed to be an action before the Board and, unless the Chairman or Vice-Chairman otherwise orders, ready for hearing.

• (2) The Board may, upon application by any party to an appeal, or of its own motion, appoint the time and place for the hearing of the appeal.

• (3) The Registrar shall notify all parties to an appeal of the time and place appointed for the hearing of the appeal at least 20 days before the date so appointed.

• (4) The Board may, upon application by any party to an appeal, or of its own motion, adjourn an appeal on such terms as in its opinion the circumstances of the case require.

13 [Revoked, SOR/92-18, s. 5]

Consolidation and Joinder

14 Where there are two or more appeals, whether under the Act or under any provincial law referred to in section 85 of the Act, the Board may, on application by any party, or of its own motion, if it appears

• (a) that some common question of law or fact arises in both or all the appeals, or

• (b) that for some other reason it is desirable in the interests of justice,

order such appeals to be consolidated on such terms as it deems fit, or may order the appeals to be heard at the same time, or consecutively, or may order any appeal to be stayed until the determination of any other appeal.

Discovery

• 15 (1) After the time limited for filing a reply has expired, any party to an appeal may apply to the Chairman, a member of the Board or the Registrar for an order

  • (a) directing any other party to the appeal to make discovery of such of the documents that are or have been in his possession relating to any matter in question therein;

  • (b) permitting him to examine for the purpose of discovery any party to the appeal; or

  • (c) directing or permitting both the discovery and examination described in paragraphs (a) and (b).

• (2) The Chairman, a member of the Board or the Registrar may, on receipt of an application made pursuant to subsection (1), make such order as in his opinion the circumstances of the case require and, without restricting the generality of the foregoing, may in the order

  • (a) specify the form of the affidavit to be used for the production of documents;

  • (b) designate the person to be examined, where the party is a corporation or unincorporated association;

  • (c) designate the person before whom the examination is to be conducted and the manner in which it is to be conducted; and

  • (d) provide for the use that may be made of the discovery at the hearing of the appeal.

Evidence

• 16 (1) The Board may by subpoena summon any person to appear before it and may require them to give evidence under oath and to produce any documents that it considers necessary.

• (2) A subpoena in the form set out in Schedule II or III, as applicable, may be issued by the Registrar in blank and may be completed by a party to an appeal or their solicitor, and any number of names may be inserted in the subpoena.

• (3) Witnesses shall be examined orally upon oath at the hearing of an appeal but, prior to the hearing or at any time during the hearing, any party to the appeal may apply to the Board for an order permitting that all facts or any particular fact or facts may be proven other than by oral evidence and the Board may make such order as in its opinion the circumstances of the case require.

17 Any person swearing an affidavit to be used in an appeal may be requested to appear before a person appointed by the Chairman or a member of the Board for that purpose to be cross-examined thereon.

18 A hearing of an appeal shall be public unless the Board in special circumstances orders the case to be heard in camera.

18.1 At any time the Board, the Chairman or the Vice-Chairman, as the case might be, may, on their own initiative or at the request of any party, adjourn a hearing of an appeal on such terms, if any, as are just, including adjourning it until a decision has been rendered in another case before the Board or before any other court in Canada in which the issue is the same or substantially the same as the issue to be raised in the proceeding.

Withdrawals and Agreements

19 An application made or an appeal commenced under these Rules may at any time be withdrawn in whole or in part by the appellant on notification in writing to the Registrar, who shall forthwith inform the other parties of the withdrawal.

19.1 The Board may dispose of an appeal in accordance with an agreement made between the parties to the appeal, signed by them and filed with the Registrar.

Decisions

• 20 (1) The reasons for a decision of the Board on an appeal shall be in writing and shall be deposited with the Registrar who shall draw up and enter the decision and shall forthwith send by registered mail a copy of the decision and the reasons therefor to the parties to the appeal.

• (2) The Registrar may arrange for the publication of the decisions of the Board, or a digest thereof, in such form and manner as the Board deems proper.

Service of Documents

• 21 (1) The service of any documents provided for in these Rules shall be effected by personal service or by letter addressed

  • (a) in the case of the Chairman, the Vice-Chairman, the Board or the Registrar, to the Registrar, Pension Appeals Board, Ottawa;

  • (b) in the case of the Minister, to the address of the Minister’s representative, as provided in the notice of appeal or in the reply to the notice of appeal, as the case may be;

  • (c) in the case of the appellant or the respondent, other than the Minister, subject to subsection (2), to

    • (i) the address for service given in his application for leave to appeal, or

    • (ii) where no address for service is given in the application for leave to appeal, to the postal or other address given therein or in any written communication made by the appellant or respondent to the Board; and

  • (d) in the case of any other person, to the address given in the latest written communication made by that person to the Board or the Minister.

• (2) Any party to an appeal may in writing notify the Board and any other party of a change of address which address shall thereafter be that party’s address for service.

• (3) The date of service shall be deemed to be the date of mailing or when personal service is effected.

• (4) Notwithstanding paragraphs (1)(a) to (c), the Registrar may in a particular case accept any other means of service that he considers appropriate.

Non-compliance with Rules

• 22 (1) Non-compliance with any of these Rules or with any rule of practice for the time being in force shall not render any proceedings void unless the Board so directs, but such proceedings may be set aside either wholly or in part as irregular and may be amended or otherwise dealt with in such manner and upon such terms as in the opinion of the Board the circumstances of the case require.

• (2) Where an application is made to set aside a proceeding for irregularity, the grounds therefor shall be stated clearly in the application.

23 [Revoked, SOR/92-18, s. 9]

Quebec Appeals

24 Notwithstanding anything in these Rules, the procedure to be followed on any appeal to the Board under section 196 of the Quebec Pension Plan shall be the Rules of Procedure of the Review Commission prescribed by Order in Council of the Lieutenant Governor in Council of the Province of Quebec, No. 1465-72 dated May 31, 1972, as amended from time to time.