Canada Pension Plan decisions

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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.

General principles

Nature of proceedings

Procedural fairness

Jurisdiction

 Erroneous advice or administrative error – subsection 66(4)

 Application for benefits

 Proof of application being made

 No obligation on Minister

 Application in issue

 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)

 Disability

 Non-disability

 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)

 “Regularly”

 “Incapable” 

 “Substantially gainful occupation” – after regulation 68.1

No case law currently identified.

 “Substantially gainful occupation” – before regulation 68.1

 Post minimum qualifying period (MQP) earnings – after regulation 68.1

No case law currently identified.

 Post MQP earnings – before regulation 68.1 

 Mitigation

 Efforts to seek employment

 Relevance

 Activities of daily living 

 Economic conditions / availability of jobs 

 Receipt of Employment Insurance benefits 

 Other disability plans 

 School attendance 

 Assessment of evidence

 Retrospective assessment 

 Objective and subjective evidence / oral testimony 

 Undisputed medical evidence 

 Demeanour 

 Specialist vs. generalist 

 Non-attendance at hearing 

 Chronic pain / fibromyalgia

 Chronic pain and fibromyalgia

 Functional overlay 

 Alcoholism

 Multiple chemical or environmental sensitivity

 Prolonged – subparagraph 42(2)(a)(ii)

 Definition

 Closed period

 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

 Res Judicata – What it means 

 Res Judicata – When it applies 

 Window between prior decision and minimum qualifying period (MQP

 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

 Retirement pension

 Survivor's pension

General principles

  • 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)

 Cohabiting in a conjugal relationship

 Continuous period of one year / at the time of death

 Separate residences

 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

 Discretion of Minister

 Spousal agreements

 Validity of section 55.2

 Living separate and apart

 Subsection 66(5) – remedial action by Minister

 Decrees

 Notice of division by Minister

 Withdrawal / cancellation of DUPE

 Written agreement to waive time limit to apply

 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

 Death benefit – section 57

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

 Remedies

General principles

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