About Review Tribunals

The Review Tribunal reviews the information involved in an appeal and makes a decision on whether or not a person should receive the benefits for which they applied. The Review Tribunal is an independent and impartial body that will take an entirely new look at your case. It does not act on behalf of the Appellant, the Minister of HRSDC or any other party to the appeal.

The Review Tribunal consists of three persons: a Chairperson, who is always a lawyer, and two other members (see Composition of a Review Tribunal).

• Role & Responsibilities
• Powers
• Composition of Review Tribunal
• Review Tribunal Hearings
• Review Tribunal Appeal Process
• General Statistics

Role & Responsibilities

The main purpose of a Review Tribunal is to hold a hearing and decide an appeal. To make its decision, the Review Tribunal will carefully and impartially consider all of the information provided by the Appellant, HRSDC's representative and any other parties to the appeal, whether or not that information was available at earlier stages of decision-making.

The Canada Pension Plan Regulations set out some of the ground rules for the way in which Review Tribunals carry out their responsibilities. Review Tribunals are also guided by common law principles of procedural fairness. These principles apply to the procedures followed by Review Tribunals, rather than the substance of their decisions. (Review Tribunals must apply the law as written; they have no discretion to change or ignore the CPP or OAS legislation.) Generally speaking, the key principles of procedural fairness that relate to Review Tribunals include:

• the right to know the case you have to meet (the issues and the possible consequences of the proceeding), and the right to have an opportunity to respond (to have a hearing and present your case to the Tribunal)
• the right to have the decision made by unbiased Tribunal members
• the right to have the decision made only by the Tribunal members who heard the appeal

Review Tribunals are also guided by the OCRT's Mission Statement and Code of Conduct.

Powers

A Review Tribunal can only apply the Canada Pension Plan or Old Age Security legislation and make a decision based on the facts of your particular case. The Review Tribunal is not bound by the guidelines and policies of HRSDC.

The powers of Review Tribunals are set out in the two Acts under which appeals can be made. A Review Tribunal can confirm or vary a decision of the Minister of HRSDC made under section 81 or subsection 84 of the Canada Pension Plan or under subsection 27.1(2) of the Old Age Security Act.

Under subsection 84 (1) of the Canada Pension Plan, these powers include:

Section 84, Canada Pension Plan

Authority to determine questions of law and fact

84 (1) A Review Tribunal and the Pension Appeals Board have authority to determine any question of law or fact as to

• whether any benefit is payable to a person,
• the amount of any such benefit,
• whether any person is eligible for a division of unadjusted pensionable earnings,
• the amount of that division,
• whether any person is eligible for an assignment of a contributor's retirement pension, or
• the amount of that assignment,

and the decision of a Review Tribunal, except as provided in this Act, or the decision of the Pension Appeals Board, except for judicial review under the Federal Courts Act, as the case may be, is final and binding for all purposes of this Act.

Rescission or amendment of decision

(2) The Minister, a Review Tribunal or the Pension Appeals Board may, notwithstanding subsection (1), on new facts, rescind or amend a decision under this Act given by him, the Tribunal or the Board, as the case may be.

Under the Canada Pension Plan

A Review Tribunal can:

• allow an appeal; that is, reverse or change an HRSDC decision
• allow an appeal in part; that is, reverse or change an HRSDC decision, but not to the extent requested by an Appellant
• deny the appeal; that is, confirm or maintain an HRSDC decision
• determine that it has no authority to decide the issue brought before it

A Review Tribunal cannot:

• change or ignore the legislation passed by Parliament
• make a decision based on compassionate or equitable grounds
• hear appeals involving claims of administrative error or incorrect advice
• forgive overpayments

Under the Old Age Security Legislation

A Review Tribunal can:

• allow an appeal; that is, reverse or change an HRSDC decision
• allow an appeal in part; that is, reverse or change an HRSDC decision, but not to the extent requested by an Appellant
• deny the appeal; that is, confirm or maintain an HRSDC decision
• determine that it has no authority to decide the issue brought before it

A Review Tribunal cannot:

• change or ignore the legislation passed by Parliament
• make a decision based on compassionate or equitable grounds
• hear appeals where the question at issue relates to the determination of income which falls under the Tax Court of Canada for a decision
• hear appeals involving claims of administrative error or incorrect advice
• forgive overpayments

Composition of a Review Tribunal

A Review Tribunal is made up of three Panel Members chosen by the Commissioner of Review Tribunals. There are three categories of Panel Members: Legal, Medical and Community.

A Review Tribunal includes a Chairperson, who is always a lawyer and a member of the bar of a province, and two other members. If the appeal involves a CPP disability benefit, at least one of the other two members must be a qualified health care professional from the Medical category. Members in the Community category are not required to have medical or legal expertise, however they have a rich and diverse background in community service.

In the case of appeals involving issues under the Charter of Rights and Freedoms, it is the practice of the Commissioner to include at least two lawyers on the Review Tribunal.

See FAQ - Question 5.2.