77Reconsideration of decisions made by CSC and Committees

77 Reconsideration of decisions made by CSC and Committees

(1) A person affected by a decision of CSC (including a decision under subrule 76 (5)), or a decision of a Committee under subrule 76(7), may apply to CSC for reconsideration of the decision within: (a) a period of 30 days after the day on which the person was notified of the decision; or (b) a longer period that, because of special circumstances, CSC allows, either during or after the 30 day period. (2) An application must: (a) be in writing addressed to CSC; and (b) set out particulars of the decision that the person wishes to be reconsidered; and (c) specify the grounds for reconsideration of those particulars; and (d) be accompanied by the prescribed fee (if any). (3) A decision of CSC, or a Committee, must not be reconsidered unless evidence is mentioned in the application for reconsideration that: (a) is not trivial or lacking in substance; and (b) was not previously considered by CSC or Committee in making that decision; and (c) CSC reasonably considers is relevant to the decision. (4) If an application is not supported by evidence in accordance with subrule (3), CSC must dismiss the application. (5) The dismissal of an application in respect of a decision does not preclude the applicant from subsequently submitting another application in respect of the decision. (6) If CSC does not dismiss an application under subrule (4), CSC must refer the decision to which the application relates to a Committee. (7) CSC may also, on its own motion, refer any of its decisions to a Committee. (8) If CSC requests the Committee to reconsider the decision in accordance with subparagraph 74(1)(b)(i), CSC must, after receiving the Committee’s recommendations: (a) take into account the recommendations and any other matter that CSC considers relevant; and (b) affirm or vary the decision, or set the decision aside and substitute another decision for it; and (c) state in writing the results of the reconsideration, including the reasons for CSC’s decision. (9) CSC must give a copy of a document mentioned in subrule (8) to the applicant.