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Sequence of Activities

The following activities are performed during the Review Tribunal Appeal process. These activities involve the Appellant, OCRT, HRSDC and the Review Tribunal Panel Members.

• Initiating an Appeal
• Preparing for the Hearing
• Presenting at the Hearing
• The Review Tribunal Decision

See also How to Appeal - CPP Appeals, or How to Appeal - OAS Appeals.

Initiating an Appeal

An appeal starts with a letter to the Commissioner from a person who disagrees with a Reconsideration decision about a CPP or OAS benefit.

Once the appeal is acknowledged by the Commissioner, OCRT writes to HRSDC for a copy of the documents on which the Reconsideration decision was based. This information, together with any additional material provided by the parties to an appeal, makes up the Hearing File for the appeal.

Preparing for the Hearing

OCRT staff make the necessary arrangements for the hearings. The legislation stipulates that Review Tribunal hearings are closed to the public. All hearings are held in Canada, usually in the community in which the Appellant lives. The OCRT will reimburse reasonable travel and living expenses in Canada of Appellants or Added Parties who must travel outside their community to attend a hearing. Interpretation and communication services are provided by the OCRT when necessary.

Each party has the right to be represented by legal counsel or by an agent, or they can represent themselves. The OCRT does not reimburse the expenses of a Representative (see Decide whether you want a Representative), or medical fees for preparing letters, completing forms, summarizing existing reports or producing new reports after the date the appeal was received at the OCRT.

As of April 1, 2004, up until the day of your hearing and if you have receipts, the OCRT will pay the cost of photocopying and getting medical records that are already on file with your doctors and hospitals. Contact us to find out what we can reimburse.

Presenting at the Hearing

Hearings are conducted in as informal a manner as possible. This means that hearings are much less formal than court or court-like tribunals. For example, recordings or transcripts of the hearing are not made. Generally speaking, the proceedings are flexible enough to be adapted to meet the needs of the parties in each appeal.

However, a hearing is still a legal proceeding with some structure. Typically, parties provide information and the Review Tribunal Panel Members review the information and ask questions.

The Review Tribunal Decision

After the hearing, the Panel Members review and discuss all of the information provided, make a decision, and write detailed reasons. All of the information and the Review Tribunal decision are then forwarded to the OCRT where the official file is updated with the information provided at the hearing.

The Commissioner is responsible for ensuring that all parties to the appeal and their Representatives are informed in writing of the Review Tribunal's decision and the reasons for it.

See Levels of Appeal for information about appealing a Review Tribunal decision.