Application to rescind or amend a Canada Pension Plan decision from the General Division

An application to rescind or amend (PDF, 578 KB) allows the person to request, in limited circumstances, a new decision from the General Division.

New material fact

The General Division may rescind or amend its decision if a new material fact is presented that could not have been discovered at the time of the hearing with the exercise of reasonable diligence.

A person who wants the General Division to rescind or amend its decision must therefore present a new material fact (usually in the form of a document) that meets this definition.

Time limit

An application to rescind or amend a decision must be made within one year after the day on which the decision of the General Division is communicated. For example, if a person received the decision of the General Division on February 1, 2015, he or she must file the application to rescind or amend on or before January 31, 2016.

Limit on the number of applications

A person can only make one application to rescind or amend a decision. The application may include many new material facts. For example, if the decision of the General Division concerned an application for a disability pension under the Canada Pension Plan, the person will be able to present new medical reports, as long as the reports meet the definition of new material fact.

Rescind or amend process

The Application to Rescind or Amend form (PDF, 578 KB) may be used to file an application. If the person does not use the form, the person must provide the following information:

The person must explain why the new material fact(s) meet(s) the definition and why the decision should be rescinded or amended.

Application to rescind or amend in addition to an appeal

If a person files an application to rescind or amend a decision, the person will also have to decide if he or she wants to appeal the decision before the Appeal Division of the Tribunal.

A person must ask the Appeal Division to review the decision of the General Division within 90 days after the decision of the General Division was communicated. Therefore, a person who wants to challenge the decision of the General Division before the Appeal Division should do so within the 90 days and not wait for the decision regarding the application to rescind or amend the decision of the General Division.

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