Appealing a Decision to a Review Tribunal Under the Canada Pension Plan

Glossary

Added Party

A person who is not the Appellant but can be affected by a decision concerning the benefit in question. For example, a former spouse may be involved in CPP credit splitting with the Appellant. This person is considered to be an Added Party to the appeal.

Appellant

A person who has received a reconsideration decision from the Minister of Human Resources and Skills Development Canada (HRSDC) concerning their application for benefits, and who has filed an appeal to the Office of the Commissioner of Review Tribunals (OCRT).

Benefit

A benefit payable under the CPP and includes a pension.

Client Services Officer (CSO)

A member of the OCRT staff that advises Appellants about the Review Tribunal process and the eligibility requirements for benefits. Client Services Officers also help Appellants prepare for their hearing.

Evidence

Information presented to the Tribunal to help it decide your case. It can take the form of oral evidence provided by the parties, testimony by witnesses, medical reports, records and other documents.

Hearing

The hearing is when the parties present their evidence to the Tribunal in a hearing room usually located in a hotel. The proceedings follow a certain order while also allowing flexibility for the parties to present their best case.

Hearing File

There are two parts to the Hearing File. The first part has copies of all the papers the OCRT gets from the Appellant, from HRSDC and from the Added Party. These papers include all the information that HRSDC used to make their reconsideration decision, including the application for benefits, decision letters, etc. The second part of the Hearing File includes all information received from all parties once the first part has been mailed to the Appellant and Added Party, if any.

Human Resources and Skills Development Canada (HRSDC)

The Department of Human Resources and Skills Development Canada is responsible for the administration of Canada Pension Plan (CPP) and Old Age Security (OAS) programs. HRSDC is a party to your appeal.

HRSDC's Explanation of the Decision Under Appeal

HRSDC sends us an explanation of their decision in which they provide what was decided and why. We send you a copy of this explanation. It is not the Review Tribunal's decision on your appeal. It is HRSDC's argument.

Pension

A pension payable under the CPP.

Reconsideration

A written request to HRSDC by a person who has applied for a benefit or pension asking to review the decision made about those benefits. A government officer reviews the case and makes a reconsideration decision.

Representative

A representative is someone you appoint to act on your behalf to present your appeal before the Review Tribunal. A representative can be a family member, a friend, a member of your community, an advocate, a union representative, or a professional such as a lawyer, or doctor.

Representative for HRSDC

At the Review Tribunal, an HRSDC employee presents the reasons for the reconsideration decision by the Minister of HRSDC.

Review Tribunal

This is a group of three people assigned to hear and make a decision on your appeal. The Review Tribunal includes a Chairperson who is a lawyer and two other members. If your appeal is regarding a Disability Pension, one of the three members must be a member of a health profession.

Witness

A person who is in a position to provide information about the facts in an appeal or an expert who is qualified to provide an opinion.