The Honourable Diane Finley, P.C., M.P.
Minister of Human Resources and Skills Development Canada
House of Commons
Ottawa, Ontario
K1A 0A6
Dear Minister:
I have the honour to present the Annual Report of the Office of the Commissioner of Review Tribunals for the period of April 1, 2008 to March 31, 2009.
Yours very truly,
Philippe Rabot,
Commissioner
I am privileged to be heading an organization where every employee and every member strives to offer the best possible service to the parties to our proceedings. Administrative tribunals exist for the purpose of ensuring that decisions made by government which affect citizens are subject to appropriate scrutiny and are made in a manner that is fair and respects the law, including both the governing legislation and the case law which has interpreted such legislation. This presupposes, therefore, that the tribunal demonstrates expert knowledge of the law, provides a reasonable and equal opportunity to be heard to all of the parties, displays an understanding and an appreciation of the relevant issues in dispute and is able to provide well-reasoned decisions written in plain language. These are all objectives we seek to pursue.
The number of appeals to Review Tribunals has stabilized in recent years. It has fluctuated between 4,000 and 5,000 per year for the past five years and is likely to remain within such a range for at least several more years. Hearings are held across Canada, in small and large urban centres, as close as possible to where appellants are located.
Significant turnover of members continues to create a challenge for the Office of the Commissioner of Review Tribunals (OCRT) to ensure that all members have the required skills to perform at an acceptable level. This year was no exception. Throughout 2008-2009, 105 members were appointed of which only six were reappointments. During the same period, the terms of 66 members expired.
The OCRT has continued to explore and develop new mechanisms to ensure that appellants are fully prepared for their hearings and know what is expected of them from Review Tribunals.
I would like to thank the staff of this Office and members of Review Tribunals for their continued dedication to ensuring that our process is effective and that Review Tribunals are able to discharge their responsibilities in a manner that is consistent with the objectives of the legislation.
Philippe Rabot,
Commissioner
We will excel in everything we do and will deal fairly, simply and quickly with everyone. Through innovation and flexibility, we will be a leading-edge administrative tribunal and a creative partner in building the future of the Canada Pension Plan and Old Age Security system.
The Office of the Commissioner of Review Tribunals is an administrative tribunal established by the Parliament of Canada. Our mission, on behalf of Canadians, is to resolve appeals under the Canada Pension Plan and Old Age Security Act fairly, efficiently and in accordance with the law.
Empathy: We respect the dignity of all individuals and ensure that they are treated equitably. We make reasonable accommodations to enable the full participation in the appeal process of every affected person.
Professionalism: We believe that the contribution of qualified and motivated individuals is essential to promoting the achievement of our mission. We work together, within the laws of Canada, in a spirit of collegiality, acting with courtesy, respect and patience towards the people that we serve and towards each other.
Transparency: We are committed to openness, integrity and accountability in the performance of our duties. We have clear and measurable service standards against which we continuously monitor our performance.
2008-2009 marked another year of significant training to address the professional development needs of Review Tribunal members. Much of the training was developed and delivered by our own employees and within our premises. It addressed a wide range of issues in which members are expected to be proficient.
Nine Canada Pension Plan orientation sessions were held for new members appointed throughout the year. In January 2009, our four day Orientation Program for Panel Members was redesigned to concentrate on preparing members to hold disability appeals hearings as these form the majority of the appeals to the OCRT annually. The program introduced discussions of the most common medical conditions encountered in CPP disability appeals. This new component helps to provide insight on the impact of these conditions on employability and to determine the appellant's eligibility for CPP benefits. In addition, the program provides a legislative foundation for decision making, heightens literacy and cultural diversity awareness and affords participants an opportunity to practice conducting a hearing and writing a decision. Reference tools such as the new Canada Pension Plan Manual ensure that the Panel Members have access to pertinent information at the hearing. Other resource materials help them with their pre-hearing preparations and self-directed learning on other benefit types. Also, various ethical scenarios are reviewed with the participants in an effort to ensure that they demonstrate a high standard of probity and impartiality at all times.
One Old Age Security orientation session was held in 2008-2009, providing training to 16 Panel Members. As there are substantially fewer appeals under the Old Age Security Act (OAS), many Review Tribunal members never hear such an appeal. For this reason, there is no need for all Members to be experts in this area. There must, however, be members knowledgeable about OAS in all parts of the country and this is taken into account when identifying members to attend OAS orientation sessions.
To encourage medical and community members to share some of the decision-writing responsibilities which would otherwise fall on the shoulders of the legal member alone, five decision-writing workshops were held in 2008-09. These attracted the participation of 72 members. We will continue to provide this training on an ongoing basis. Participants are instructed on various techniques to enable them to draft reasons for decisions in a manner that is clear, coherent and satisfies the parties that their concerns were both listened to and addressed. Participants report that the workshops enhance their preparation and questioning skills at the hearing and their decision-making skills.
One Roundtable was held for legal members appointed to a Review Tribunal from six months to a year. A total of 17 members attended. The purpose of the Roundtable is to provide members with a forum to discuss areas of concern, and to benefit from the insights of more experienced members. More importantly, the Roundtable provides an opportunity for members to share ideas on exemplary hearing practices, as well as to obtain an update on recent case law.
Three regional workshops were also held this year. Ninety (90) Panel Members, who were approximately one year or more into their term, were invited. These workshops provided participants with an opportunity to deepen their understanding of medical issues; share experiences and exemplary hearing practices across regional boundaries; strengthen their analysis and decision-making skills; network with their colleagues from other regions of Canada; and meet with members of their own category to discuss their unique concerns.
In addition, we continue to publish the “Panel Member Communiqué”, a quarterly newsletter issued to our members. This communication vehicle serves as an informational tool to address CPP/OAS legislative changes and what is happening within the OCRT. It also provides additional information to assist Panel Members at hearings and when making decisions. Examples of issues addressed in 2008-09 included articles on recent jurisprudence, as well as informative medical pieces on Rheumatoid arthritis, Post Traumatic Stress Disorder, Chronic Low Back Pain and medical acronyms. A series of practice directions on various procedural issues, as well as ethics scenarios, were also included.
A key activity during the year for the Commissioner and Deputy Commissioner was the preparation of performance evaluations for 66 members. The purpose of the evaluations is to ensure that tribunal members are provided with candid feedback on the quality of their participation in the hearing and decision-making process, as well as the decision-writing process for those who are involved in it. The process included: interviews with at least three other members who sat with the member; self-assessment interviews with the affected members; impressions of the Commissioner and Deputy Commissioner arrived at through attendance at hearings to which these members were assigned; an in-depth review of written reasons for decision or dissenting opinions prepared by these members; and, consideration of any feedback that may have been received from parties regarding the conduct of the members. In each case, a written performance evaluation report is prepared in which narrative comments are provided as to the extent to which the members meet the detailed assessment criteria that have been developed. The written evaluation is communicated to the Office of the Minister at least six months before the end of the member's term.
A revised payment policy came into effect on April 1, 2008. It was based on an understanding provided by the Minister that medical and community members who are interested in participating in decision-writing would be given in-depth training and support by the OCRT.
It had been realized for some time that the payment policy approved in 2001 by the Minister required revision in order to better recognize that all members, not just legal members, can be called upon to draft written decisions. This review also provided an opportunity to address other related issues designed to ensure an equitable formula for compensating members.
In January 2009, the OCRT introduced its Appeals Management Process to facilitate more efficient hearings by ensuring appellants complete their preparations in advance and are ready to proceed with the scheduled hearing. A key feature of this new process is earlier and more frequent telephone and written contact with the appellants and their representatives to ensure an understanding of the issues under appeal and the need to provide their documentary evidence well before the hearing date.
The Appeals Management Process is being implemented in phases beginning with CPP disability appeals received after January 1, 2009 to be heard in selected hearing locations across Canada. It is expected that the Appeals Management Process will be extended to all appeal types by the end of 2010-2011.
In March 2009, we issued the inaugural edition of the Representatives Bulletin, a newsletter to advise representatives of recent developments at the OCRT and to articulate our expectations of appellants and their representatives for preparation for the appeal hearing. Our initial mailing included over 300 representatives across Canada. The Bulletin will be issued twice a year.
In November 2008, the OCRT held its first regional information session for representatives and legal counsel for CPP Disability appellants to a Review Tribunal in Toronto. A second session took place in Vancouver in March 2009. The response was overwhelmingly positive with requests for additional sessions in the future. A popular feature of both sessions was a discussion by former and current Panel Members on effective advocacy before a Review Tribunal. Other topics covered were an overview of the steps in processing an appeal and the legislation and case law governing eligibility for a CPP Disability benefit. Additional sessions in other locations are planned for 2009-2010.
This past year, work was started on a new OCRT Mission Statement. The intent was to design a Statement that identifies key themes relevant to the work of every employee and every member.
An extensive consultation process with employees of the OCRT was led by our Director of Corporate Services, Joan Lemenchick. Staff meetings were held in January and February 2009 to discuss the current OCRT Statement and their views and recommendations for changes. The staff's enthusiasm and thoughtful comments illustrated their desire to craft a Mission Statement that reflected the values and principles which guide them in their work.
| Year ending March 31st | |||||
|---|---|---|---|---|---|
| 2004-2005 | 2005-2006 | 2006-2007 | 2007-2008 | 2008-2009 | |
| Salary | $ 4,573 | $ 5,032 | $ 5,276 | $ 5,412 | $ 5,545 |
| Students | $ 80 | $ 86 | $ 122 | $ 100 | $ 90 |
| Panel Members Earnings | $ 3,790 | $ 3,989 | $ 3,638 | $ 4,407 | $ 4,755 |
| O&M | $ 4,644 | $ 4,819 | $ 4,389 | $ 4,937 | $ 4,921 |
| Total | $ 13,088 | $ 13,926 | $ 13,426 | $ 14,856 | $ 15,313 |
| Fiscal Year | ||||
|---|---|---|---|---|
| 2006-2007 | 2007-2008 | 2008-2009 | 2009-2010* | |
| Number of Appeals Received | 4994 | 4151 | 4134 | 4800 |
| Number of Hearings | 3696 | 4296 | 3704 | 3600 |
| Fiscal Year | ||||
|---|---|---|---|---|
| 2006-2007 | 2007-2008 | 2008-2009 | 2009-2010 | |
| Appeals Allowed | 1539 | 1898 | 11618 | |
| Appeals Dismissed | 1195 | 1421 | 1454 | |
| Adjourned | 667 | 873 | 757 | |
| Withdrawal | 23 | 38 | 30 | |
| Total Decisions Issued | 3424 | 4230 | 3859 | |
| Application for Leave to Appeal to P.A.B. | 631 | 623 | 632 | |
* Estimated
During the year, the Federal Court issued one decision which pertains to the scope of the Commissioner's authority to extend the 90-day period to appeal a decision to a Review Tribunal. Close to 10% of appeals received in any year are submitted beyond the 90-day deadline. Extensions are granted in approximately 80% of cases.
Canada (Attorney General) v. Blondahl, 2009 FC 118 was the last of a series of test cases on the factors to be applied by the Commissioner in exercising his discretion. In its decision, the Federal Court recommended the Commissioner request evidence regarding the merits of an appeal when considering a request for an extension, particularly when, as here, there was little new information submitted with the request.
During the year, the Federal Court considered two applications for judicial review of Review Tribunal decisions concerning the residency requirements of the Old Age Security Act.
In Dunsmuir v. New Brunswick, 2008 SCC 9, the Supreme Court of Canada reviewed the law in general relating to standards of review for administrative tribunal decisions. Valdivia de Bustamente v. Canada (Attorney General), 2008 FC 1111 was the first opportunity for the Federal Court to consider the application of Dunsmuir to the Review Tribunal context. The Court decided that the appropriate standard of review was reasonableness.
In Kiefer v. Canada (Attorney General), 2008 FC 786, the Federal Court reviewed the adequacy of a Review Tribunal decision. The Court emphasized that reasons for decision must provide justification, transparency and intelligibility.
Once an appeal is received, a determination is made by the Commissioner as to whether the appeal can be scheduled for a hearing. An appeal must be submitted within 90 days of the decision under appeal being communicated to the Appellant. However, the Commissioner can extend that deadline in appropriate circumstances. An appeal must also pertain to an issue that is within the mandate of a Review Tribunal to address. For instance, Review Tribunals cannot award a greater period of retroactivity payments than what is permitted by the Canada Pension Plan and Old Age Security Act.
If the Commissioner concludes that a hearing should be scheduled, the OCRT will request from HRSD a copy of the reasons for the decision under appeal and copies of all the documents that formed the basis for that decision. The Office will also ask the Appellant, the Department and any other parties for copies of any additional documents that they believe may be relevant to the appeal. The OCRT assembles all these documents into a "hearing file" that is sent out in advance of the hearing to all the parties, their representatives and Tribunal Members.
A “Notice of Hearing” and the Hearing File are mailed to all parties approximately four months before the hearing date. The Commissioner then assigns three members to hear the appeal. Hearings are conducted at accessible locations within the Appellant's community (or as reasonably close to it as possible). Hearings can also occur, by teleconference. Hearings are closed to the public, as required by the OCRT Rules of Procedure. Generally, the parties to an appeal are:
The Tribunal considers all oral and written evidence provided by the Appellant and the Department, and renders a written decision with detailed reasons which is sent to the parties generally within eight weeks of the hearing.
Review Tribunal hearings are held across Canada and are heard in either official language. If Appellants are unable to communicate effectively in English or French, the OCRT will arrange for and pay the cost of a professional interpreter. Interpretation services are also offered for the hearing and sight impaired. During 2008-09, such arrangements were made for 474 hearings.
Review Tribunal members are located throughout Canada to ensure that hearings can take place in every region. The qualifications that they are expected to have include:
Members are also required to attend training, follow the tribunal's practices and procedures, and maintain confidentiality. All members must participate in an orientation training session before they can hear an appeal.
There are three categories of Member:
The legislation stipulates that a member of the bar must chair all hearings. A qualified health professional must serve on tribunals adjudicating appeals on entitlement to disability pensions under the Canada Pension Plan.
| Province | Legal Members | Medical Members | Community Members |
|---|---|---|---|
| Newfoundland and Labrador | Beresford, Aidan Boone, Ernest Fitzgerald, Andrew MacBeth, Donald MacDonald, Stacy Merrigan, James |
Andrews, Dorothy Christopher, Jeannette Curtis, Vera Evans, Eileen Halloran, Dean Lawlor, Helen Rowe, Lisa Suley, Elizabeth |
Feltham, Charles Fitzpatrick, Bernard Hodder, Catherine Lomond, Diane Lundrigan, Dominic O'Rielly, Albert Wiseman, Wilson |
| Prince Edward Island | MacArthur, Robert Profit, Ronald |
MacPhee, Rhonda Peters, Noella |
Mullen, Frederick Robinson, Lorraine |
| Nova Scotia | Bryan, Dena Giroux, Katrine Gogan, Robin Greener, David Lorway, Charles MacLean, James Nickerson, Andrew Smith-Camp, Dixie |
Comeau, Shelly Gregor, Ronald MacLachlan, James Martel, Robert Naqvi, Mahmood Robichaud, Gilles Rose, Patricia Wilcox, Anne |
Allard, Granville Crowell, Cameron Dewell, Randolph Hatfield, Bonnie Heyge, Elva MacDougall, Joyce Myatt, Donald Smith, Joyce Surette, Ronald Tanton, Jennifer Tattrie, Lloyd Wilson, Geoffrey |
| New Brunswick | Doiron, Léo Goguen, Robert Hanson, John McAllister, John Palmer, Andrew Thériault, Lyne Wade, Jean-Raymond |
Chishti, Ayub Dionne, Rachel Doucet, Charles Gulliver, Sandra Hudson, Gloria LeBouthillier, Lawson Moore, Trena |
Boudreau, Dorothy Mallet, Robert Murray, Wellington Pellerin, Donald Scott, Gordon |
| Quebec | Castonguay, Marie-Josée Desjardins, Gérard Langlois, Maxime Lupien, Pierre |
Arslanian, Abel-Claude Bouchard, Luc Déry, Suzanne Tassé, Marleen |
Bourdeau, Pierre Pepper, Claudette |
| Ontario | Ballagh, Margot Barrick, Luc Bondy, Christopher Brunelle, Pierre Byrne, Lianne Cogar, Kim Coulter, Brian Crawford, Norman Cyr, John Eberhard, John Ellery, Leonard Fasano, Tina Gelman, Stanley Goodman, Robert Hazlett Parker, Valerie Hooker, Edwin Howarth, Steven Hunt, James Hyer, Edward Inch, John Jenkins, John Jolly, Kamal Kroeker, Lawrence Landriault, Rodrigue Leroy, Rick Lewandowski, Roger Mailloux, Michelle Marotta, Brian Mason, Crystal Mendes, Heather-Ann Middlebro', John Mostyn, Alan Murphy, Sharon Nawaz, Neil Nemetz, Theodore O'Neil, Patrick Paquette, Norman Parker, Thomas Poirier, André Ramsbottom, David Raphael, Raymond Searle, James Staples, Diane Taylor, George Villeneuve, Joseph Viner, Walter Walker, Bobbie Williams, Paul Young, Murray |
Baturensky, Christina Boissonnault, Hervé Bondar, Arthur Brewer, Mark Campbell, Carolyn Carli, Maureen Chahal, Simerjit Crockford, Judith Duncanson, Michelle Edralin, Fe Faulkner, Bruce Filion, Richard Galbraith, Jane Gilmore, Paul Granville, Richard Grennell, Eleanor Grossi, Danny Gryfe, John Hayden, Nancy Kerr, Ronald Kitts, Hendrika Li, Ki Kit Lim, Ka Chee Matthews, Susan Meechan, Eileen McKenzie, David Moore, Tyler Persi, Adriano Quigley, Paul Radin, Steve Riverso, Teresa Russell, Donald Sacco, Jo-Ann Shields, John Smith, Catherine Somer, David Spencer, Shirley Stapleford, Ann Sutinen, Lynn Sweeney, Kimberley Taylor, Tracey Verhoeven, Linda White, Eleanor Wightman, Anne |
Ainsworth, Amos, Suzanne Appelt, Pamela Carruthers, Clyde Cassidy, David Cava, Thomas Chasles, Gilles Clarke, Catherine Clarke, Roger Coffey, Roberta Coveney, Graham Curtis, Lorne Dekker, Nancy Demers, Lyne Dietsch, Michael Dolliver, Kendall Eadie, Dennis Gaudreau, Robert Gilboord, Bruce Graham, Stewart Greenwood, William Harley, Henry Healey, Clyde Hébert, Philippe Huggins, John Joannette, Nelson Johnson, Shawnessy Joynt, Lorraine Khetrapal, Shoba Matthews, Ruth McDonald, Glen Nadeem, Saima Pennock, Robert Positano, Tina Pratas, Katalin Prisco, Nestor Robertson, Christopher Rohrer, Michael Rolland, Charles Schnabel, Wayne Shan, Gloria Sheppard, Donald Sherwood, Kelley Simmons, Rosemarie Sloan, Christopher Spina, Joseph Stein, Shauna Wadehra, Shakti Weeks, Leslie Whittle, Joanne |
| Manitoba | Driedger, Grant Fraser, Patricia Lanchbery, Sheldon Shinnie, Steven |
Gates, Sherrie Poulson, Keith Rennie, William |
Bjornson, David Boyd, Dean Dyck, Connie Ketcheson, Brian |
| Saskatchewan | Abrametz, Peter Reimer, Jeffrey Sonnenschein, Emanuel |
Bimpeh-Segu, Michael Solar, Sherri |
Coward, Selina Julé-Thimm, Nicole |
| Alberta | Bernardo, Ivan Connelly, Liam Gaffney, Harry Handel, Brent Kolias Lougheed, Vivian |
Albrecht, Harvey Anderson, Carol Campkin, Patricia Rempel, Jocelyn Shragge, David Walters, Marilyn Woof, Elaine |
Aspell, Clairissa Burgener, Jocelyn Dreeshen, Judy Hindson, Eric Johnson, Louis Kobasiuk, Phyllis Presizniuk, Colin |
| British Columbia | Clarke, William Cole, Thomas Connell, Gavin Friesen, Kenneth Geselbracht, Will Humphries, John McGregor, Michael Pedersen, Leigh Saunders, Virginia Smith, Susan Watson, Moses |
Beattie, Craig Brinkerhoff, John Campbell, Shannon Collins, Faith Cumming, Roger Entner, Shelby Fedorkiw, Marie-Thérèse Gregory, Ian Jago, Mary McKenzie, Wendy Nixdorf, Don Penner, Lee Ross, Susan Schloegl, Andrea von Schellwitz, Sally |
Awan, Mahmood Bisson, Robert Blachford, Bruce Boehm, Ronald Chaplin, Gurjit Dunleavey, Melvin Entner, Ryan Fraser, Diane Grigg, Harvey Klassen, Abraham Oglow, Gerald Reid, Lorna Sykes, Eric |
Appendix "D" - Organization Chart

| Commissioner's Office | Rabot, Philippe | Makuch, Richard | Levesque Harding, Louise Garneau, Ginette |
|---|---|---|---|
| Appointments and Members Secretariat | Legault, Monique | ||
| Professional Development and Technical Services | Racine, Hélène Labine, Debbie Pulcine, Kathy |
Read, Janissa Currie, Debbie Pajkovic, Ivan |
Mineault, Sébastien Niquette, Eric |
| Legal Services | Head, Tina Ruter, Caroline Proulx, Chantal |
Cajka, Krista Russell, Shannon Nemeth, Cory |
Soucy, Carole Berry, Helen |
| Corporate Services | Lemenchick, Joan Huneault, Stéphanie Howard, Sharon Dufault, Claude Boone, Fabian Simons, Berthe Hou, Christine Barakeh-Diab, Roula Biafore, Aerie Eagles, Jennifer Couvrette, Gary Guy-Marc Florestal Rosenthal, Randy Steel, Debbie Polizzi, Rosaria |
Hobbs, Kim Leclair, Mary-Lou Gallant, Anne Adatia, Yasmina Byreiter, Chad Caron, Micheline Dupéré, Gilles Hemming, Maryanna Irwin, Miriam Laurent, Mona Leroux, Ginette Mallette, Lynda Morris, Amy Morrison, Jeff O'Meara, Joe Ryant, Paula Piché, Cathy |
Ralph, Charmaine Robillard, Nicole Rosenthal, Maria Simard, Philippe Smith, Kelly Lowe, Terry Sabourin, Lise Smerdon, Julie Fortier, Eric Hart, Denise Auger, Hélène Canuel, Emmanuela McDonald, Claudette Lance, Daniel Rozanski, Anna Culhane, Crystal Moreno Ramirez, Gabriela |
| Tribunal Operations and Communications | LePitre, Nancy Lance-Bisaillon, Lise LaNoue, Claude Martin, Lorinda Sullivan, Tammy Aubry, Serge Burnside, David Carter, Donna Chan, Margaret Herbert, Viola Budge, Donald |
El Alaoui, Kawtar Larocque-Thibault, Sylvie Lavallée, Mona Neilson, Siobhan Martell, Shara Pritchard, David Bones, Sahar Lefebvre, Manon Murphy, Ena Salehi, Azadeh Anderson, Donalee |
Leduc, Suzanne Nesrallah, Debbie Lawrenson, Mary Gagné, Denis Wilson, Cathy Smith, Lesleigh Ross, Lindsay Gravelle, Cécile Genest, Andréane Wong, Joanna Danso-Manu, Morkor Bark, Trevor Lowdon, Daisy |
Casual Employees - A. Juneau, G. Rolfe, R. Morvan, R Léveillé, S. Grant-Drummond, K. Kenney, K. Chow, S. Morency, S. O'Connor, T. Nguyen, D. Heart, M. Hussain, M. Bustard, A. Duquette, M. Maloney, A. Mousseau, P. Campbell, D. Luqman, M. Paulin, M. Cook
Students – S. Karim, P. Bisbicis, C. Chen, K. Holtby, K. Manauso, A. McDonald, B. Mistry, C. Nasir, A.Ruiz, S. Bergeron, S. Rogowska, A. Bazlova