Marginal note:Review panels
19. (1) Subject to subsection (2), an application for review shall be heard, determined and dealt with by a review panel consisting of not fewer than two members or, with the consent of the applicant, one member designated by the Chairperson.
Marginal note:Refusal to establish review panel
(2) The Chairperson, or any member to whom the Chairperson has delegated the authority, may refuse to establish a review panel to hear an application for review of a decision concerning the amount of an award under the Pension Act, or the amount of a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the Chairperson or member, as the case may be, considers the application to be such that no reasonable review panel could dispose of it in a manner favourable to the applicant.
- 1995, c. 18, s. 19;
- 1999, c. 10, s. 38;
- 2000, c. 34, s. 66(F);
- 2005, c. 21, s. 111.
Marginal note:Written and oral submissions
20. An applicant may make a written submission to the review panel or may appear before it, in person or by a representative, to present evidence and arguments.
Marginal note:Disposition of application
21. A review panel may
(a) affirm, vary or reverse the decision of the Minister being reviewed;
(b) refer any matter back to the Minister for reconsideration; or
(c) refer any matter not dealt with in the decision back to the Minister for a decision.
Marginal note:Decision to be made as soon as possible
22. (1) A review panel shall make its decision as soon as possible and shall notify the applicant of the decision.
Marginal note:Decision of majority
(2) A decision of a majority of the members of a review panel is a decision of the Board.
Marginal note:Absence of majority decision
(3) In the absence of a majority decision, the decision most favourable to the applicant is the decision of the Board.
Marginal note:Reconsideration of decisions
23. (1) A review panel may, on its own motion, reconsider a decision made by it under section 21 or this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law.
Marginal note:Board may exercise powers
(2) The Board may exercise the powers of a review panel under subsection (1) if the members of the review panel have ceased to hold office as members.
- Date modified: