Applicant Information Sheet: Re-opening a previous Review Tribunal decision – Canada Pension Plan disability

Definition

Re-opening is a procedure that allows a Review Tribunal to take a second look at whether you qualify for a benefit. We sometimes call this an "84(2)" for short, because that is the section of the Canada Pension Plan (CPP) legislation that authorizes this procedure.

Who it applies to

Re-opening only applies to a person who has already had a Review Tribunal hearing and has not had a hearing at the Pension Appeals Board (PAB).

Background

A Review Tribunal decision is final and binding if it is not appealed to the PAB or overturned by a court. Final and binding means that it cannot be changed and must be accepted as the last word on the matter by the parties to the decision (you or the Department) or by any other Review Tribunal. The exception to a decision being final and binding is a re-opening.

When a Review Tribunal can re-open a decision

A Review Tribunal can only re-open a previous Review Tribunal decision, not a decision of the Department or a decision of the PAB. Re-opening can only be done if you can show a Review Tribunal that you have "new facts".

What are "new facts"

Not all new information qualifies as "new facts". For a re-opening, the new information must meet both parts of the following test that has been described by the courts:

1. the new information was not discoverable before the original hearing by the exercise of reasonable diligence, and
2. the new information may reasonably be expected to affect the outcome of the original hearing.

Put more plainly, there are two parts to the test. The first part is that you couldn't have known about the new information when you had your first hearing, even if you had looked for it carefully. The second part is that it is possible that the information will change the Review Tribunal's decision.

How to ask for re-opening

You can complete an application form or call our office.

What you need to do

You need to complete the application form.

For each document you want the Review Tribunal to consider, you need to explain:

1. why the document was not submitted to the Review Tribunal for your original hearing and what steps you took to get the document; and
2. how the information in the document shows that you were disabled before the end of your Minimum Qualifying Period (MQP).

To receive a disability benefit, you must prove that you have a "severe" and "prolonged" disability that began on or before the date of your MQP.

• "severe" means you are incapable regularly of pursuing any substantially gainful occupation
• a "prolonged" disability is likely to be long continued and of indefinite duration or is likely to result in death
• "Minimum Qualifying Period" is calculated based on your valid years of contributions to the Canada Pension Plan

What happens after you apply for re-opening

After we receive your application and the documents, we will send a copy to Human Resources and Skills Development Canada because they have a right to participate. We will also arrange a Review Tribunal hearing.

What happens at the hearing

At the hearing, the Review Tribunal will review the new information and the file from your original hearing and will listen to what you have to say. The Review Tribunal will then decide if the new information qualifies as "new facts".

If the new information qualifies as "new facts", the Review Tribunal will continue the hearing to get all the details they need to decide whether or not to change the previous decision. You will get a decision in writing by mail at a later date.

If the new information does not qualify as "new facts", that will be the end of the hearing. You will get a decision in writing by mail at a later date.

Where to find the law

Re-opening is authorized by section 84 (2) of the CPP legislation.

The "new facts" test is outlined by the Federal Court of Appeal in the decision of Canada (A.G.) v. MacRae, 2008 FCA 82.

Other related decisions

• 7.4 - Test for "New Facts"