Other Canada Pension Plan (CPP)

Decision

[1] The Claimant, G. G., was late submitting her application to the Appeal Division. Unfortunately, I cannot give her more time to submit her application. As a result, her application cannot proceed and the Appeal Division will close her file.

Overview

[2] The Claimant receives a retirement pension under the Canada Pension Plan (CPP). She asked to cancel her retirement pension in favour of a disability pension. She also asked to receive the post-retirement disability benefit. The Minister of Employment and Social Development (Minister) denied her requests, so she appealed to the Tribunal’s General Division.

[3] The General Division summarily dismissed the Claimant’s appeal on November 16, 2022. It concluded that the Claimant could not change from a retirement pension to a disability pension because her application was late. It also concluded that the Claimant did not have enough CPP contributions to qualify for the post-retirement disability benefit.

[4] The Claimant has now filed an application to the Appeal Division.

Issue

[5] This decision focuses on two issues:

1. a) Was the Claimant’s application to the Appeal Division late?
2. b) Can I give the Claimant more time for filing the application?

Analysis

The application was late

[6] On December 5, 2022, important changes were made to the law that governs the Tribunal’s procedures.^{Footnote 1} Among those changes, Parliament removed the General Division’s power to summarily dismiss an appeal.^{Footnote 2} And for people who had already received a summary dismissal decision from the General Division, it set a new deadline for filing an application to the Appeal Division: March 6, 2023.^{Footnote 3}

[7] The Tribunal received the Claimant’s application on April 3, 2023, so it was late.^{Footnote 4}

I cannot give the Claimant more time to file her application

[8] Although the Claimant’s application was less than a month late, I do not have the power to give her more time to file her application. When Parliament changed the law, it did not give the Appeal Division any flexibility to accept late applications from summary dismissal decisions.

Conclusion

[9] I cannot give the Claimant more time for filing her application to the Appeal Division. This means that her application will not proceed and that the Appeal Division will close her file.