Information on the Pension Appeals Board

The Pension Appeals Board is an administrative tribunal. It is the third level of appeal for Canada Pension Plan Applicants. The Pension Appeals Board is responsible for hearing appeals which arise from the decisions of the Review Tribunals of the Office of the Commissioner. It is important to note that the Minister of Human Resources and Skills Development can appeal a Review Tribunal decision to the Pension Appeals Board, as can claimants.

The Pension Appeals Board is independent from the Department of Human Resources and Skills Development Canada. Members of the Pension Appeals Board are provincial superior court judges or former judges and are appointed by Order in Council. Members include a Chairman and a Vice-Chairman. An appeal to the Pension Appeals Board shall be heard by either one, three or five Members. Usually three Members hear each case.

Applications to the Pensions Appeals Board

Unlike the first two levels in the appeals process, hearings at the Pension Appeals Board are not automatic. Claimants must request "leave to appeal (PDF 86KB)" (permission to appeal) by writing to the Pension Appeals Board within 90 days after receiving the Review Tribunal decision letter. Every request should include the following:

• the claimant's name, address and social insurance number;
• the date of the Review Tribunal decision and the location of the hearing;
• the date the Review Tribunal decision was received;
• a detailed explanation of why the claimant is requesting leave to appeal;
• the facts which support the appeal;
• any new medical or other information that could affect the appeal and
• the name and address of the claimant's representative, if there is one.

Claimants are responsible for providing all information required to support the appeal.

Using the documents which are received, and without the presence of any parties, one Member of the Pension Appeals Board will decide whether the appeal should be heard. The Pension Appeals Board will write to claimants and the Department of Human Resources and Skills Development Canada to tell them whether or not leave to appeal is granted. If the Board decides not to hear an appeal, the Review Tribunal decision is final and binding. If the Board decides to hear an appeal, it will schedule a hearing.

Hearings

Hearings are held in major cities across Canada and are open to the public. Claimants and the Department of Human Resources and Skills Development Canada will have an opportunity at the hearing to present their cases. Appeals heard by the Pension Appeals Board are by way of a new hearing.

Time is available at each hearing for claimants to express their situation in their own words. Interpretation services are provided, if they are going to be used. Staff in the office can assist you in deciding if you really need interpretation services.

Legal counsel and appropriate expert witnesses always represent the Minister of Human Resources and Skills Development at these hearings. The claimant may also have legal counsel or a representative of there choice. However, a claimant does not need to be represented. Most claimants present their own cases.

The Members of the Board and the Registrars will make certain claimants understand each step of the hearing, and have every opportunity to present their cases. If you plan to be represented please let us know. The Board will not share information with a lawyer or representative unless we receive written authorization from you.

Minimal legal costs may be covered if the claimant is granted benefits. Minimal legal costs are also covered for the claimant when the Minister appeals a decision. Minimal refers to costs for the day(s) of the hearing; $200 for a half day and $300 for a full day.

All reasonable traveling and living costs are covered for all claimants. For assistance in obtaining information on the kinds of costs which are covered please call our toll free line at 1-888-640-8001.

The length of time it takes to go through this level of appeal varies by province. Claimants can expect to wait approximately two months before “leave” is granted or refused and one year or less before the case is heard. During this time claimants should be gathering any additional evidence needed for their cases. Unfortunately too many claimants are asking for adjournments at the last minute because they are not ready to proceed with the hearing date. Claimants should let the Board know well in advance if a new hearing date is needed.

Reminder: Claimants should provide new information as soon as it becomes available. Claimants should send any new information to the Pension Appeals Board at least two weeks before their hearing. Claimants who submit new information at their hearing should bring five copies with them. Last minute submissions are discouraged because everyone needs time to consider the material in advance of the hearing. If information is provided too close to a hearing there is a risk of adjournment.

Decisions

The Pension Appeals Board is required by law to prepare written reasons for its decisions. These are sent by the Registrar of the Pension Appeals Board to the parties to the appeal by registered mail or priority courier.

Pension Appeals Board decisions are posted on the internet at: www.pab-cap.gc.ca. In order to protect the privacy of claimants, decisions posted on the internet use initials rather than full names of claimants.

Decisions made by the Pension Appeals Board may be further reviewed by the Federal Court. Questions regarding a judicial review by the Federal Court should be directed to the Federal Court Registrar in each province.

How to get more information on the Pension Appeals Board

For information on a specific case please contact the Pension Appeals Board at no charge by telephone.

Telephone: 1 888 640-8001 Toll Free

Fax: 613 995-6834 / 1 877 666-8510 Toll Free

email to: info@pab-cap.gc.ca

write to:
P.O. Box 8567
Station "T"
Ottawa, ON K1G 3H9

The office staff is available to help everyone with any questions. During the day (8:00 a.m. to 4:00 p.m. Eastern Time Zone) your call will be answered by a "live person". Messages after working hours will be returned the next business day.

January 2009