Marginal note:Questions of interpretation
30. Where the appellant raises a question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act and the appeal panel is of the opinion that the question is not trivial, frivolous or vexatious, it shall notify the prescribed persons or organizations and give them an opportunity to present argument on the question before it makes its decision.
- 1995, c. 18, s. 30;
- 2005, c. 21, s. 112.
Marginal note:Decision of majority
31. A decision of the majority of members of an appeal panel is a decision of the Board and is final and binding.
Marginal note:Reconsideration of decisions
32. (1) Notwithstanding section 31, an appeal panel may, on its own motion, reconsider a decision made by it under subsection 29(1) or this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may do so on application if the person making the application alleges that an error was made with respect to any finding of fact or the interpretation of any law or if new evidence is presented to the appeal panel.
Marginal note:Board may exercise powers
(2) The Board may exercise the powers of an appeal panel under subsection (1) if the members of the appeal panel have ceased to hold office as members.
Marginal note:Other sections applicable
(3) Sections 28 and 31 apply, with such modifications as the circumstances require, with respect to an application made under subsection (1).
Marginal note:Appeal to Tax Court of Canada
33. (1) Notwithstanding section 31, an appeal lies to the Tax Court of Canada from any decision of an appeal panel as to income or as to the source of income, for the purposes of the War Veterans Allowance Act or Part XI of the Civilian War-related Benefits Act, of
(a) a person or their spouse, or both; or
(b) a person or their common-law partner, or both.
Marginal note:Meaning of “common-law partner”
(2) In paragraph (1)(b), “common-law partner” has the same meaning as in subsection 2(1) of the War Veterans Allowance Act.
- 1995, c. 18, s. 33;
- 1999, c. 10, s. 39;
- 2000, c. 12, s. 315.
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