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Canada Pension Plan Regulations

Version of section 74.1 from 2013-04-01 to 2024-11-26:

  •  (1) A request for a reconsideration under subsection 81(1) or (1.1) of the Act shall be made in writing to the Minister and shall set out

    • (a) the name, address and Social Insurance Number of the contributor;

    • (b) if the person making the request for the reconsideration is not the contributor, that person’s name and address and their relationship to the contributor; and

    • (c) the grounds for the request for the reconsideration and a statement of the facts that form the basis of that request.

  • (2) If it appears to the Minister that the person making the request for a reconsideration has failed to provide information in accordance with any of the requirements of paragraphs (1)(a) to (c) — or has failed to provide sufficient information to allow the Minister to determine if there are circumstances that allow for a longer period in which to make the request — the Minister may take any steps to obtain the information that is necessary to rectify the failure.

  • (3) For the purposes of subsections 81(1) and (1.1) of the Act and subject to subsection (4), the Minister may allow a longer period to make a request for reconsideration of a decision or determination if the Minister is satisfied that there is a reasonable explanation for requesting a longer period and the person has demonstrated a continuing intention to request a reconsideration.

  • (4) The Minister must also be satisfied that the request for reconsideration has a reasonable chance of success, and that no prejudice would be caused to the Minister or a party by allowing a longer period to make the request, if the request for reconsideration

    • (a) is made after the 365-day period after the day on which the person is notified in writing of the decision or determination;

    • (b) is made by a person who has applied again for the same benefit; or

    • (c) is made by a person who has requested the Minister to rescind or amend a decision under subsection 81(3) of the Act.

  • SOR/92-17, s. 3
  • SOR/96-522, s. 16
  • SOR/2000-133, s. 2
  • SOR/2010-45, s. 9
  • SOR/2013-61, s. 3

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