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Director [Repealed, SOR/96-523, s. 2]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

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.

• 3.1 (1) Where the constitutional validity, applicability or operability of any provision of the Act or the Old Age Security Act or any regulations made under those Acts is to be put at issue before a Tribunal, the party raising the issue shall, at least 10 days before the date set for the hearing of the appeal, serve notice of that issue 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 Commissioner.

• (2) Where the proof of service required by subsection (1) has not been provided in accordance with that subsection, the Tribunal may, on the request of any party or on its own motion, adjourn the hearing.

4 The Commissioner shall, on receipt of the notice of appeal, convey a copy of the notice of appeal to the Minister.

5 The Minister shall, within 20 days after receipt of the copy of the notice of appeal from the Commissioner, convey to the Commissioner copies of the following documents relating to the appeal, where applicable:

• (a) the application filed by the applicant;

• (b) such information relating to the marriage as is required pursuant to subsection 54(2) of the Canada Pension Plan Regulations;

• (c) the notification sent in accordance with section 46 or 46.1 of the Canada Pension Plan Regulations;

• (d) the notification sent in accordance with subsection 60(7) of the Act or section 16 or 24 of the Old Age Security Act;

• (e) the request made to the Minister for a reconsideration under subsection 81(1) of the Act or under subsection 27.1(1) of the Old Age Security Act; and

• (f) the decision made by the Minister as a result of the operation of subsection 81(2) or 84(2) of the Act or subsection 27.1(2) of the Old Age Security Act, the reasons therefor and any documents that are relevant to that decision.

• 6 (1) Where any person is added as a party to an appeal in accordance with subsection 82(10) of the Act, the Commissioner shall, by registered mail,

  • (a) notify the person that the appeal has been commenced and that the person has been added as a party; and

  • (b) send to the person a copy of the notice of appeal.

• (2) A person who receives a notification under subsection (1) may, within twenty days after the date of receiving the notification, mail or deliver to the Commissioner a reply to the notice of appeal

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

  • (b) stating any further allegations of fact and the statutory provisions and reasons on which that person intends to rely.

7 The Commissioner shall, on receipt of the documents referred to in section 5,

• (a) select the members to hear the appeal in accordance with subsection 82(7) of the Act; and

• (b) fix the place, in accordance with subsection 82(8) of the Act, and the time for the hearing of the appeal.

8 The Commissioner shall, at least twenty days prior to the date of the hearing of an appeal,

• (a) notify the appellant, the Minister and any person added as a party to the appeal under subsection 82(10) of the Act of the place and time of the hearing;

• (b) deliver or mail to the appellant, copies of the documents referred to in section 5 and of the reply referred to in subsection 6(2), if any;

• (c) deliver or mail to the Minister a copy of the reply referred to in subsection 6(2), if any; and

• (d) deliver or mail to any person added as described in paragraph (a) copies of the documents referred to in section 5.

Withdrawals

9 An appellant may, at any time, withdraw the appeal by notice filed with the Commissioner, who shall forthwith inform the other parties of the withdrawal.

Hearings

10 The Commissioner shall, at least fourteen days prior to the hearing of an appeal to a Tribunal, send to all of its members copies of any documents received pursuant to sections 3 and 5 and subsection 6(2).

10.1 An appellant, the Minister and any person added as a party to an appeal under subsection 82(10) of the Act shall be entitled to be represented at the hearing of the appeal.

Evidence

11 The Chairman shall ensure that a copy of any documentary evidence submitted at the hearing of an appeal is provided to the appellant, the Minister and any person added as a party to the appeal, unless they have been previously provided with a copy of that evidence.

11.1 Witnesses shall be examined orally under oath at the hearing of an appeal, but, before the hearing or at any time during the hearing, any party to the appeal may apply to the Tribunal for an order permitting that all facts or any particular fact or facts may be proven other than by oral evidence and the Tribunal may make any order that in its opinion the circumstances of the case require.

Procedure at Hearings

• 12 (1) The proceedings before a Tribunal shall be conducted as informally as the circumstances permit.

• (2) [Repealed, SOR/2010-45, s. 22]

• (3) The hearings of a Tribunal shall be held in private.

• (4) Each member shall ensure that all of the information and documents, including the Tribunal’s decision, that come to the attention of that member are kept confidential.

12.1 Where, at a hearing, a party fails to appear, the Tribunal may allow the appeal, dismiss the appeal or adjourn it.

Decisions

13 On rendering the decision of a Tribunal, the members shall return to the Commissioner all documents provided under section 10 and all documentary evidence submitted at the hearing of the appeal.