Avis aux Avocats

Important Developments Regarding Short Form Decisions

30 janvier 2012

As a matter of policy, Canada had until recently instructed its representatives not to consent to the use of a Short Form Decision (SFD) in situations where the claimant was a non-resident (where a Schedule “P” release was required). However, Canada has advised that it is now prepared to instruct its representatives to consent to the use of a SFD in Schedule “P” cases, where all elements of a SFD are otherwise in place, providing a change to the wording of the SFD is included in order to address Canada’s concerns. Those changes are now in effect.

The SFD will remain the same for “resident” claimants, except that the claimant’s signature spot at the end will change to reflect the claimant’s status as a “resident.” However, in a Schedule “P” situation”, the adjudicator will simply check off a box, which will automatically enter:

  1. a new paragraph (a) on page 1 of the SFD; and
  2. a revised “Acceptance by Non Resident Claimant.”

The new electronic version of the SFD and new Step by Step Instructions are available on the “Publications” page of the IAP Website: http://www.iap-pei.ca/pub-eng.php

The new Appendix “A” to Practice Direction 2 (PD-2), consisting of one version to be used for resident claimants and a second version to be used for non-resident claimants, is attached to this communication. It is also available on the “Directives” page of the IAP website: http://www.iap-pei.ca/directives-eng.php

Questions related to the new SFD may be directed to the Crawford Help-Desk: 1-877-739-8935