Office of the Commissioner of Review Tribunals / Bureau du Commissaire des tribunaux de révision
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Code of Conduct for Review Tribunal Members

Preamble

The Office of the Commissioner of Review Tribunals is an independent administrative agency responsible for the administration of appeals pursuant to section 82 of the Canada Pension Plan and section 28 of the Old Age Security Act. Appeals are heard by Review Tribunals consisting of three qualified members chosen from a panel of between 100 and 400 members appointed by the Governor-in-Council.

Panel Members are bound by the Canada Pension Plan legislation and regulations, the Old Age Security Act and regulations and, in carrying out their responsibilities, they are guided by the policies, practice directions, and guidelines issued by the Office of the Commissioner of Review Tribunals.

Mission Statement

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.

For more information, see the Statement of Vision and Values

Conflict of Interest Code

Panel Members are part-time Governor-in-Council appointees and are considered to be public office holders under the Conflict of Interest Act. They are subject to the provisions of the Conflict of Interest Act and are assisted in their understanding of these obligations by guidelines and information notices issued by the Conflict of Interest and Ethics Commissioner.

Ethical and Political Activity Guidelines for Public Office Holders

Panel Members must comply with the Ethical and Political Activity Guidelines for Public Office Holders, issued by the Privy Council Office.

Guidelines for Professional Conduct

The Commissioner has established the following additional guidelines for professional conduct of Panel Members:

(1)
Promotion of Integrity and Independence
Members shall participate in establishing, maintaining, and enforcing high standards of conduct and act to promote and preserve the integrity and independence of Review Tribunals and the Office of the Commissioner.
Members shall not use their position on the Panel or a Review Tribunal to advance any personal or private interests.
(2)
Collegiality
Members shall adopt a collegial approach in performing their duties and responsibilities through the exchange of views, information, and opinions in a spirit of respect for each other's special skills and qualities.
(3)
Decision-Making

Members shall render decisions in a timely, reasoned, and appropriately documented manner, in compliance with the Canada Pension Plan and Old Age Security Act, other applicable statutes, the policies of the Office of the Commissioner, the Canadian Charter of Rights and Freedoms, and consistent with the principles of natural justice and the duty to act fairly.


Decisions shall be independent, impartial, and objective, and made without regard to partisan or special interests, or fear of criticism.
Members are reminded of their obligation to return to the Commissioner all documents in their possession relating to an appeal when a decision has been reached, pursuant to section 13 of the Review Tribunal Rules of Procedure.

(4)
Conduct during Proceedings
In all proceedings, members shall conduct themselves in a manner that is courteous, attentive, patient, fair, and respectful to all participants, their language, customs, rights, opinions, and beliefs, while ensuring that the proceedings are orderly, efficient, and as informal as the circumstances permit.
Members shall require similar conduct of all others present during the proceedings.
(5)
Bias

During the course of a hearing, Review Tribunal members should not talk, in private or public other than in the hearing room, to any of the parties, counsel, witnesses or agents involved in the hearing. All communications between these individuals and Review Tribunal members should occur only in the presence of all parties and their counsel.


It is not appropriate for Review Tribunal members to discuss any aspect of a case with any of the hearing participants at any time other than during a hearing.
While recognizing that there will be circumstances where information or statements must be tested, members shall always avoid:

  • words, phrases, or actions that could be understood to manifest bias or prejudice based on race, national or ethnic origin, colour, religion, sex, sexual orientation, age, mental or physical disability, or other personal abilities, characteristics or beliefs;
  • statements or questions that would be demeaning to any person, or that would manifest bias or prejudice for or against an individual or group.
All members, and particularly those with medical or legal practice backgrounds, shall refrain from offering medical diagnoses or legal advice to parties to an appeal.
(6)
Discussion of Cases

To preserve the integrity of the decision-making process, and out of respect for the duty to act fairly and the privacy interests of those involved in any case, members shall not disclose information about a case or discuss any matter that may be or has been decided by them with any person, including family members, relatives, friends, business associates, the media, Members of Parliament or other political representatives, except as required in the performance of, and in circumstances appropriate to, the formal conduct of their duties.


Nor shall members receive or consider information about a case that they must decide, except as provided by the Office of the Commissioner and the parties pursuant to the Canada Pension Plan and Old Age Security Act.

(7)
Contact with the Media or Government

Review Tribunal Members shall not communicate with the media. All inquiries from the media should be referred to the Commissioner of Review Tribunals, who is the spokesperson and chief executive officer responsible for the administration of appeals to Review Tribunals.


Likewise, the Commissioner has overall responsibility for relations with the government. All inquiries from Members of Parliament, Ministers, and political staff on any matters relating to the work of Review Tribunals should be referred to the Commissioner.

(8)
Gifts and Benefits
Notwithstanding the Conflict of Interest Act and the Guideline on Gifts, members are advised that they must scrupulously guard against creating even the perception of bias. Members are advised not to accept any gifts, favours, or benefits, even those of nominal value, from persons who have or may have official dealings with a Review Tribunal.
(9)
Disqualification and Reporting

Before accepting an appointment to a particular Review Tribunal, members shall review their individual circumstances to ensure that their participation does not raise a reasonable apprehension of bias or conflict of interest based on the circumstances of the case or with reference to any parties involved in the proceedings. In the event of any actual or potential bias or conflict of interest, a member shall decline the appointment.


If the member perceives that there may be an apprehension of bias or conflict of interest after appointment but before contact with other members of the Review Tribunal, the member shall disqualify himself or herself immediately. The member shall not communicate about the case directly with any member or other person who may participate in the hearing. The member shall immediately advise the Commissioner of the self-disqualification and the reasons for that action.


If the member perceives that there may be an apprehension of bias or conflict of interest after contact with other members of the Review Tribunal or when a hearing is underway, the member shall declare the bias or conflict to the participants, and decide, after receiving submissions from the parties, whether to continue on the case.
In case of doubt, the member should contact the Commissioner of Review Tribunals at the earliest opportunity.

(10)
Post-Appointment
Without limiting the generality of the Conflict of Interest Act, a former Member shall not represent, provide expert evidence, or otherwise act on behalf of a party to an appeal before a Review Tribunal, or the Pension Appeals Board, for a period of six (6) months following the expiry of his or her appointment as a Panel Member.