Canada Pension Plan decisions

Use this tool to find relevant decisions that could help you prepare for your Canada Pension Plan (CPP) appeal. The tool is organized by different subjects and benefits available under the CPP. The tool will be updated over time.

Tribunal members must follow the decisions from the Supreme Court of Canada, the Federal Court of Appeal and the Federal Court. They do not need to follow decisions of the former Pension Appeals Board or the Tribunal’s own decisions, but these could influence their decision.

If the legislation changes or the court decides otherwise, some of the decisions in this tool may no longer be relevant.

Archived information

Archived information is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Search by subject

General principles

Nature of Tribunal decisions
Statutory Interpretation
Departmental Guidelines

Nature of proceedings

Procedure
Burden
Standard
Settlement offer

Procedural Fairness

Right to Interpreter
Tribunal member knowledge
Language of Hearing
Recording / transcript of hearing
Fairness of hearing
Bias

Jurisdiction

Erroneous advice or administrative error – subsection 66(4)
Application for Benefits
Overpayment – subsection 66(2)
No Equitable Jurisdiction
Payment of benefits

Contributory requirements

Contributory period – subsection 44(2), section 49
Exclusions from contributory period – disability – subsection 44(2)
Exclusions from contributory period – child rearing dropout (CRDO) or child rearing provision (CRP) – subparagraph 44(2)(b)(iv)
Minimum qualifying period (MQP)
Record of earnings
International agreements – section 107
Proration
MQP and division of unadjusted pensionable earnings (DUPE)

Disability – Paragraph 42(2)(a)

Severe – subparagraph 42(2)(a)(i)
Mitigation
Efforts to seek employment
Relevance
Assessment of evidence
Chronic pain / fibromyalgia
Alcoholism
Multiple chemical or environmental sensitivity
Prolonged – subparagraph 42(2)(a)(ii)
Date of onset
Commencement of disability payments
Cessation of disability benefits

Multiple applications & applications to rescind or amend (section 66 Department of Employment and Social Development Act (DESDA) or former subsection 84(2) Canada Pension Plan (CPP))

Multiple applications
Jurisdiction / collateral attack
Rescission or amendment of decision – section 66 of the DESDA (previously subsection 84(2) of the CPP)
Test for “new facts” – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Incapacity – subsections 60(8), (9) and (10)

Cancellation of retirement pension in favour of disability

After December 31, 1997
Before January 1, 1998

Retirement pension

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The definition of spouse was repealed in July 2000 by Bill C-23
Common-law partner – subsection 2(1)
Age criteria
Void marriage
Surviving spouse with dependent children
Standing of estate
Remarriage
Retroactivity
Presumption of death
Effective date of divorce
Contradictory / inconsistent evidence
Assignment of survivor's pension
Only one survivor

Division of unadjusted pensionable earnings (DUPE)

History
Jurisdiction
Sections 55.1 & 55.2 – January 1, 1987 to present
Subsection 55(1) – January 1, 1978 to December 31, 1986
Incapacity – Section 55.3

Disabled contributor's child's and orphan's benefits – section 59

Attendance at school or university
Adoption in fact or custody and control
Shared custody
Paternity
Retroactivity
Maximum of two benefits
Splitting of payment

Death benefit – section 57

Reconsideration – section 81 of the Canada Pension Plan (CPP) and section 74.1 of the CPP Regulations

Remedies

Search by tribunal, court & department

Pension Appeals Board

General principles

Nature of Tribunal decisions

Departmental guidelines

Nature of proceedings

Burden

Standard

Procedural fairness

Recording / transcript of hearing

Jurisdiction

Erroneous advice or administrative error – subsection 66(4)

Application for benefits

Contributory requirements

Contributory period – subsection 44(2), section 49

Exclusions from contributory period – disability – subsection 44(2)

Exclusions from contributory period – child rearing dropout (CRDO) or child rearing provision (CRP) – subparagraph 44(2)(b)(iv)

Minimum qualifying period (MQP)

Record of earnings

International agreements – section 107

Proration

MQP and division of unadjusted pensionable earnings (DUPE)

Disability – Paragraph 42(2)(a)

Severe – subparagraph 42(2)(a)(i)

Mitigation

Efforts to seek employment

Relevance

Assessment of evidence

Chronic pain / fibromyalgia

Alcoholism

Multiple chemical or environmental sensitivity

Prolonged – subparagraph 42(2)(a)(ii)

Date of onset

Commencement of disability payments

Cessation of disability benefits

Multiple applications & applications to rescind or amend (section 66 Department of Employment and Social Development Act (DESDA) or former subsection 84(2) Canada Pension Plan(CPP))

Multiple applications

Rescission or amendment of decision – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Test for “new facts” – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Incapacity – subsections 60(8), (9) and (10)

Cancellation of retirement pension in favour of disability

After December 31, 1997

Before January 1, 1998

Retirement pension

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The Definition of spouse was repealed in July 2000 by Bill C-23

Common-law partner – subsection 2(1)

Void marriage

Surviving spouse with dependent children

Standing of estate

Remarriage

Retroactivity

Presumption of death

Effective date of divorce

Contradictory / inconsistent evidence

Division of unadjusted pensionable earnings (DUPE)

History

Jurisdiction

Sections 55.1 & 55.2 – January 1, 1987 to present

Subsection 55(1) – January 1, 1978 to December 31, 1986

Incapacity – Section 55.3

Disabled contributor's child's and orphan's benefits – section 59

Attendance at school or university

Adoption in fact or custody and control

Shared custody

Paternity

Retroactivity

Maximum of two benefits

Splitting of payment

Death benefit – section 57

Social Security Tribunal

Nature of proceedings

Burden

Procedural fairness

Fairness of hearing

Jurisdiction

Application for benefits

Contributory requirements

Minimum qualifying period (MQP)

Record of earnings

Proration

Disability – Paragraph 42(2)(a)

Severe – subparagraph 42(2)(a)(i)

Mitigation

Assessment of evidence

Alcoholism

Retirement pension

Division of unadjusted pensionable earnings (DUPE)

Jurisdiction

Subsection 55(1) – January 1, 1978 to December 31, 1986

Provincial Courts

Jurisdiction

No equitable jurisdiction

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The definition of spouse was repealed in July 2000 by Bill C-23

Standing of estate

Assignment of survivor's pension

Federal Court of Appeal

General principles

Nature of Tribunal decisions

Statutory interpretation

Nature of proceedings

Burden

Settlement offer

Procedural fairness

Right to interpreter

Language of hearing

Recording / transcript of hearing

Fairness of hearing

Bias

Jurisdiction

Erroneous advice or administrative error – subsection 66(4)

Overpayment – subsection 66(2)

Payment of benefits

Contributory requirements

Contributory period – subsection 44(2), section 49

Exclusions from contributory period – disability – subsection

Exclusions from contributory period – child rearing dropout (CRDO) or child rearing provision (CRP) – subparagraph 44(2)(b)(iv)

Minimum qualifying period (MQP)

Record of earnings

MQP and division of unadjusted pensionable earnings (DUPE)

Disability – Paragraph 42(2)(a)

Severe – subparagraph 42(2)(a)(i)

Mitigation

Efforts to seek employment

Relevance

Assessment of evidence

Chronic pain / fibromyalgia

Multiple chemical or environmental sensitivity

Prolonged – subparagraph 42(2)(a)(ii)

Commencement of disability payments

Cessation of disability benefits

Multiple applications & applications to rescind or amend (section 66 Department of Employment and Social Development Act (DESDA) or former subsection 84(2) Canada Pension Plan (CPP))

Multiple applications

Jurisdiction / collateral attack

Rescission or amendment of decision – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Test for “new facts” – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Incapacity – subsections 60(8), (9) and (10)

Cancellation of retirement pension in favour of disability

After December 31, 1997

Retirement pension

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The Definition of spouse was repealed in July 2000 by Bill C-23

Common-law partner – subsection 2(1)

Surviving spouse with dependent children

Retroactivity

Assignment of survivor's pension

Only one survivor

Division of unadjusted pensionable earnings (DUPE)

Jurisdiction

Sections 55.1 & 55.2 – January 1, 1987 to present

Subsection 55(1) – January 1, 1978 to December 31, 1986

Disabled contributor's child's and orphan's benefits – section 59

Retroactivity

Death benefit – section 57

Federal Court

General principles

Statutory interpretation

Nature of proceedings

Procedure

Burden

Procedural fairness

Tribunal member knowledge

Language of hearing

Fairness of hearing

Jurisdiction

Erroneous advice or administrative error – subsection 66(4)

Application for benefits

Overpayment – subsection 66(2)

No equitable jurisdiction

Payment of benefits

Contributory requirements

Contributory period – subsection 44(2), section 49

Exclusions from contributory period – child rearing dropout (CRDO) or child rearing provision (CRP) – subparagraph 44(2)(b)(iv)

Minimum qualifying period (MQP)

Disability – Paragraph 42(2)(a)

Severe – subparagraph 42(2)(a)(i)

Mitigation

Efforts to seek employment

Relevance

Assessment of evidence

Chronic pain / fibromyalgia

Date of onset

Multiple applications & applications to rescind or amend (section 66 Department of Employment and Social Development Act (DESDA) or former subsection 84(2) Canada Pension Plan (CPP))

Multiple applications

Jurisdiction / collateral attack

Test for “new facts” – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Incapacity – subsections 60(8), (9) and (10)

Cancellation of retirement pension in favour of disability

After December 31, 1997

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The definition of spouse was repealed in July 2000 by Bill C-23

Common-law partner – subsection 2(1)

Surviving spouse with dependent children

Assignment of survivor's pension

Only one survivor

Division of unadjusted pensionable earnings (DUPE)

Sections 55.1 & 55.2 – January 1, 1987 to present

Disabled contributor's child's and orphan's benefits – section 59

Retroactivity

Death benefit – section 57

Reconsideration – section 81 of the Canada Pension Plan (CPP) and section 74.1 of the CPP Regulations

Remedies

Supreme Court of Canada

General principles

Statutory interpretation

Contributory requirements

Minimum qualifying period (MQP)

Disability – Paragraph 42(2)(a)

Chronic pain / fibromyalgia

Survivor's pension

  • See subsection 42(1) the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) the CPP for the definition of common-law partner
  • The definition of spouse was repealed in July 2000 by Bill C-23

Common-law partner – subsection 2(1)

Age criteria

Standing of estate

Attorney General

General principles

Nature of Tribunal decisions

Statutory interpretation

Nature of proceedings

Procedure

Burden

Procedural fairness

Right to interpreter

Tribunal member knowledge

Recording / transcript of hearing

Fairness of hearing

Bias

Jurisdiction

Erroneous advice or administrative error – subsection 66(4)

Application for benefits

Overpayment – subsection 66(2)

No equitable jurisdiction

Payment of benefits

Contributory requirements

Exclusions from contributory period - disability – subsection 44(2)

Exclusions from contributory period – child rearing dropout (CRDO) or child rearing provision (CRP) – subparagraph 44(2)(b)(iv)

Minimum qualifying period (MQP)

Disability – Paragraph 42(2)(a)

Severe – subparagraph 42(2)(a)(i)

Mitigation

Efforts to seek employment

Relevance

Assessment of evidence

Chronic pain / fibromyalgia

Multiple chemical or environmental sensitivity

Prolonged – subparagraph 42(2)(a)(ii)

Date of onset

Cessation of disability benefits

Multiple applications & applications to rescind or amend (section 66 Department of Employment and Social Development Act (DESDA) or former subsection 84(2) Canada Pension Plan (CPP))

Multiple applications

Jurisdiction / collateral attack

Rescission or amendment of decision – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Test for “new facts” – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Incapacity – subsections 60(8), (9) and (10)

Cancellation of retirement pension in favour of disability

After December 31, 1997

Retirement pension

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The definition of spouse was repealed in July 2000 by Bill C-23

Common-law partner

Surviving spouse with dependent children

Standing of estate

Assignment of survivor's pension

Only one survivor

Division of unadjusted pensionable earnings (DUPE)

Sections 55.1 & 55.2 – January 1, 1987 to present

Disabled contributor's child's and orphan's benefits – section 59

Retroactivity

Death benefit – section 57

Reconsideration – section 81 of the Canada Pension Plan (CPP) and section 74.1 of the CPP Regulations

Minister of Employment and Social Development

Nature of proceedings

Burden

Procedural fairness

Recording / transcript of hearing

Jurisdiction

Erroneous advice or administrative error – subsection 66(4)

Application for benefits

Contributory requirements

Contributory period – subsection 44(2), section 49

Exclusions from contributory period – child rearing dropout (CRDO) or child rearing provision (CRP) – subparagraph 44(2)(b)(iv)

Minimum qualifying period (MQP)

Record of earnings

International agreements – section 107

Proration

Disability – Paragraph 42(2)(a)

Severe – subparagraph 42(2)(a)(i)

Mitigation

Efforts to seek employment

Relevance

Assessment of evidence

Chronic pain / fibromyalgia

Alcoholism

Multiple chemical or environmental sensitivity

Prolonged – subparagraph 42(2)(a)(ii)

Date of onset

Commencement of disability payments

Cessation of disability benefits

Multiple applications & applications to rescind or amend (section 66 Department of Employment and Social Development Act (DESDA) or former subsection 84(2) Canada Pension Plan (CPP))

Multiple applications

Jurisdiction / collateral attack

Test for “new facts” – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Incapacity – subsections 60(8), (9) and (10)

Cancellation of retirement pension in favour of disability

After December 31, 1997

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The definition of spouse was repealed in July 2000 by Bill C-23

Common-law partner – subsection 2(1)

Retroactivity

Effective date of divorce

Contradictory / inconsistent evidence

Assignment of survivor's pension

Only one survivor

Division of unadjusted pensionable earnings (DUPE)

Sections 55.1 & 55.2 – January 1, 1987 to present

Subsection 55(1) – January 1, 1978 to December 31, 1986

Incapacity – Section 55.3

Disabled contributor's child's and orphan's benefits – section 59

Attendance at school or university

Adoption in fact or custody and control

Retroactivity

Maximum of two benefits

Splitting of payment

Death benefit – section 57

Minister of National Health and Welfare

Procedural fairness

Language of hearing

Fairness of hearing

Jurisdiction

Application for benefits

Contributory requirements

Minimum qualifying period (MQP)

Disability – Paragraph 42(2)(a)

Chronic pain / fibromyalgia

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The definition of spouse was repealed in July 2000 by Bill C-23

Common-law [partner – subsection 2(1)

Division of unadjusted pensionable earnings (DUPE)

Sections 55.1 & 55.2 – January 1, 1987 to present

Subsection 55(1) – January 1, 1978 to December 31, 1986

Disabled contributor's child's and orphan's benefits – section 59

Attendance at school or university

Paternity

Minister of Employment and Immigration

General principles

Nature of Tribunal decisions

Statutory interpretation

Departmental guidelines

Jurisdiction

Erroneous advice or administrative error – subsection 66(4)

Contributory requirements

Contributory period – subsection 44(2), section 49

Minimum qualifying period (MQP)

Record of earnings

Disability – Paragraph 42(2)(a)

Relevance

Assessment of evidence

Assignment of retirement pension

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The definition of spouse was repealed in July 2000 by Bill C-23

Age criteria

Surviving spouse with dependent children

Standing of estate

Division of unadjusted pensionable earnings (DUPE)

History

Jurisdiction

Sections 55.1 & 55.2 – January 1, 1987 to present

Disabled contributor's child's and orphan's benefits – section 59

Attendance at school or university

Minister of Human Resources Development

Nature of proceedings

Burden

Standard

Settlement offer

Procedural fairness

Right to interpreter

Fairness of hearing

Jurisdiction

Erroneous advice or administrative error – subsection 66(4)

Application for benefits

Contributory requirements

Contributory period – subsection 44(2), section 49

Exclusions from contributory period – disability – subsection 44(2)

Minimum qualifying period (MQP)

International agreements – section 107

Proration

MQP and division of unadjusted pensionable earnings (DUPE)

Disability – Paragraph 42(2)(a)

Severe – subparagraph 42(2)(a)(i)

Mitigation

Relevance

Assessment of evidence

Chronic pain / fibromyalgia

Alcoholism

Multiple chemical or environmental sensitivity

Prolonged – subparagraph 42(2)(a)(ii)

Commencement of disability payments

Cessation of disability benefits

Multiple applications & applications to rescind or amend (section 66 Department of Employment and Social Development Act (DESDA) or former subsection 84(2) Canada Pension Plan (CPP))

Multiple applications

Jurisdiction / collateral attack

Rescission or amendment of decision – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Test for “new facts” – section 66 of the DESDA (previously subsection 84(2) of the CPP)

Cancellation of retirement pension in favour of disability

Before January 1, 1998

Survivor's pension

  • See subsection 42(1) of the Canada Pension Plan (CPP) for the definition of Survivor
  • See subsection 2(1) of the CPP for the definition of common-law partner
  • The definition of spouse was repealed in July 2000 by Bill C-23

Common-law partner – subsection 2(1)

Void marriage

Surviving spouse with dependent children

Remarriage

Retroactivity

Presumption of death

Assignment of survivor's pension

Division of unadjusted pensionable earnings (DUPE)

History

Jurisdiction

Sections 55.1 & 55.2 – January 1, 1987 to present

Disabled contributor's child's and orphan's benefits – section 59

Attendance at school or university

Adoption in fact or custody and control

Shared custody

Retroactivity

Death benefit – section 57

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