Social Security Tribunal of Canada

OAS/GIS Appeal Division: When to appeal by

After you get your decision from the General Division, you have 90 days to appeal.

You have more time if the General Division summarily dismissed your appeal.

How to count the 90 days

How to count the 90 days

Start counting days on the day after you get the General Division decision. Include holidays and weekends.

Example (applies to all General Division decisions except summary dismissals)

Anna got her General Division decision in writing on September 9. So Day 1 is September 10. This means Anna has to appeal on or before December 8.

Since December 8 is a Sunday, Anna would have to appeal on or before the following Monday (that is, December 9).

If your appeal is late

This section doesn’t apply if you appeal a summary dismissal decision from the General Division.

If you appeal after the 90-day deadline, we may not accept your appeal. If your appeal is late, explain why on your Application to the Appeal Division – Income Security form.

Explain:

  • why your appeal is late
  • why you think your appeal has a reasonable chance of success
  • what steps you took that show you were always planning to appeal
  • why allowing your late appeal would still be fair to Employment and Social Development Canada (ESDC) or another party 

You can send us documents to support your explanation. For example, if you were sick, send us a copy of your doctor’s report.

An Appeal Division member will look at your explanation and decide whether to allow your appeal to go to the next step even though it’s late. This is called giving you an “extension of time.”

The law says a member can’t give you an extension of time if you received your decision from the General Division more than 1 year ago. Members have to follow what the law says.

If the member says your appeal is late and doesn’t give you an extension of time, we’ll close your appeal file.

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