Bill C-395 (Historical)

Opportunity for Workers with Disabilities Act

An Act to amend the Federal-Provincial Fiscal Arrangements Act

This enactment amends the Federal-Provincial Fiscal Arrangements Act in order to ensure that persons with disabilities do not lose more through taxation and the reduction of benefits than they gain as a result of working.

Opportunity for Workers with Disabilities Act

[Stéphane Lauzon, Liberal, Parliamentary Secretary for Sport and Persons with Disabilities]

Mr. Speaker, I am pleased to take part in the debate on Bill C-395, an act to amend the Federal-Provincial Fiscal Arrangements Act.

The bill raises an important question: what can we do to encourage people who are not currently in the workforce to enter and remain in it? In the context of this legislation, how do we ensure that measures are put in place to encourage persons with disabilities to work, if they so wish?

Canada's future progress depends on making sure that every Canadian has an equal and fair chance at success. We need to ensure that the benefits of a growing economy are felt by more and more people with good, well-paying jobs for the middle class and everyone working hard to join it. The number of Canadians in low-wage jobs is high by international standards. Many of these workers struggle to support their families and afford basics like healthy food and clothes for growing kids.

That is why budget 2018 introduces the new Canada workers benefit, for example. This measure, which replaces the working income tax benefit, will help low-income workers keep more of their income. With this benefit, the government is also proposing an increase in the disability supplement in order to provide more assistance to Canadians who wish to enter the labour face and face financial barriers because of their disability. The Canada workers benefit will help lift approximately 70,000 Canadians out of poverty by 2020. It will encourage more people to join the workforce.

Whether this extra money is used for things such as helping to cover the family grocery bills or buying warm clothes for the winter, the improved benefits will help low-income working Canadians to make ends meet.

Furthermore, starting in 2019, the government will also make it easier for people to access the benefits they have earned by making changes that will allow the Canada Revenue Agency to calculate the Canada workers benefit for any tax filer who has not claimed it. Allowing the Canada Revenue Agency to automatically provide the benefit to eligible filers will be especially helpful for people with reduced mobility, people who live far from service locations, and people who do not have internet access. As a result, everyone who can benefit from the Canada workers benefit will receive it when they file their taxes, and an estimated 300,000 additional low-income workers will receive the new Canada workers benefit for the 2019 tax year because of these changes. Combined with previous enhancements, our government is investing almost $1 billion in new funding per year to help low-income workers get ahead.

In addition to the new Canada workers benefit, the federal government has provided the refundable medical expense supplement to improve work incentives for Canadians with disabilities. This supplement helps to offset the loss of coverage for medical and disability-related expenses when individuals move from social assistance to the paid labour force.

The intention of ensuring that a financial work incentive exists for Canadians with disabilities is strongly supported. That is why the government is taking action to achieve improvements in labour market outcomes for persons with disabilities. However, while it is obviously desirable to ensure that social assistance programs preserve an incentive to work, the provision of social assistance for the working age populations, including for persons with disabilities, is primarily a provincial and territorial area of responsibility. Of course, the federal government has an interest in ensuring that its policies preserve work incentives and has collaborated with the provinces in this area. In recognition of the important role played by provinces and territories in providing basic income support, our government has worked with them to make province-specific changes to the design of the working income tax benefit to better harmonize with their own programs. Quebec, Alberta, British Columbia, and Nunavut have already taken advantage of this opportunity. Moving forward, our government will continue to work with interested provinces and territories to harmonize benefits under the new Canada workers benefit and to help support the transition from social assistance and into work.

Another noteworthy measure in budget 2018 is a new pre-apprenticeship program that would help under-represented groups in the economy, including women, indigenous peoples, persons with disabilities, and newcomers, explore the trades, gain work experience, and develop the skills needed to succeed.

After 20 years experience in teaching and professional development, I can say that the future is bright and there will be jobs for these people. This program will benefit many people, especially those who need it the most.

As the hon. member probably knows, the government is also committed to providing Canadians more information on the practices of federally-regulated employers. This transparency will contribute not only to shedding light on leaders in matters of pay equity, but also to putting pressure on employers responsible for the wage gaps that affect women, indigenous peoples, persons with disabilities, and visible minorities.

We are also introducing in the House a new bill on accessibility, which will seek to improve accessibility and opportunities for Canadians with disabilities in sectors under federal jurisdiction by removing the barriers these people currently face.

The new legislation will build on a series of Accessible Canada consultations that we held across the country.

As a government, we understand the importance of helping Canadians remove the obstacles to economic development. That is why fairness and equality are at the forefront of budget 2018, which contains new investments to help those who need it most.

I urge the member from Carleton to support these measures and the upcoming accessibility bill because they are good for Canadians with disabilities and millions of other Canadians.

[Pierre Poilievre, Conservative, Carleton, ON]

moved that Bill C-395, An Act to amend the Federal-Provincial Fiscal Arrangements Act, be read the second time and referred to a committee.

Mr. Speaker, work is a basic human need. Its wages feed, clothe, and shelter us. It offers the pride and purpose of doing something valuable for others. Work makes us a living. It also helps us to make a life. That is why almost a million Canadians with disabilities work—including about 300,000 with severe disabilities, according to Statistics Canada—but the system effectively bans many more from working. It is called the “welfare wall”, and here is how it works.

When people with disabilities earn a paycheque, governments sharply claw back supports for income, housing, medications, and other help. These clawbacks, plus taxes, mean that often people are poorer when they work more. They are stuck behind the welfare wall.

For example, if a person with disabilities who is earning the minimum wage in Saskatchewan goes from working part time to working full time, he would see his take-home pay drop from $21,600 to $21,500 on an annual basis. That is right: he is working double the hours and making less money at the end of the year.

Just read the social assistance website in New Brunswick:

For example, a single mother with one child may receive $861 each month. If she has no income at all, she would receive the full $861. If she has income of $300 a month, then she would receive $561 in social assistance.

Therefore, she makes $300 and immediately loses $300. It is like a tax rate of 100%, and that does not include other taxes, such as income taxes, payroll taxes, and gas taxes to drive to work, or clawbacks of non-cash benefits such as housing and medication. When all of these different work penalties are added together, many have a negative wage for working.

Mark Wafer, who hired 200 workers with disabilities at his Tim Hortons shops, once asked an official with the Ontario government, “What is the best way to get off disability assistance?” She replied, “Die”.

That is not just the experience of an entrepreneur talking to government; that is the insight of Canada's former chief statistician, Dr. Munir Sheikh, who wrote:

In Canada, many inappropriate tax-transfer policies have helped to condemn people to being trapped behind low-income and poverty walls and, rather than improving social mobility, [these programs] may have worsened it.

I refer to the “Zero Dollar Linda” model of author John Stapleton, who examined the incentives that caused a Toronto woman, Linda Chamberlain, to return to social assistance after a successful attempt to rejoin the workforce. Chamberlain's story is a tragic one. “After three decades of battling schizophrenia and homelessness and poverty, Chamberlain finally got a job”, wrote Toronto Star columnist Catherine Porter. As a reward, the government boosted Linda's rent almost 500% and cut her disability payment, making her $260 a month poorer because she worked. Therefore, she had no choice but to quit and remain in poverty on social assistance, ironically at greater cost to the system.

Linda is not alone. Statistics Canada surveyed people with disabilities who were not in the labour force even though they indicated they could work or had worked in the past. I quote Statistics Canada's findings: roughly 94,000 people reported that if they were employed, they felt they would lose additional support. About 82,000 people reported that they expected their income to drop if they worked.

It is time to knock down this welfare wall. It is time to allow people to earn a living. It is time to pass Bill C-395, the opportunity for workers with disabilities act.

This legislation would require governments to permit these workers to keep more in wages than they lose in clawbacks and taxes. It would do this through measurement, action, and enforcement.

First is measurement. The bill would require Finance Canada to calculate how much governments take away in taxes and clawbacks of income, housing, medication, and other help for each thousand dollars a worker with disabilities earns. This calculation would only use publicly available tax and benefit rules, not personal financial information.

Second is action. If the calculation shows people were losing more than they gained from work, within 30 days the finance minister would have to identify and report to Parliament changes to tax and benefit programs that would fix the problem. He might adjust federal disability tax credits, the CPP disability plan, or any other federal measure to make work pay.

Third is enforcement. Provinces must already meet numerous existing federal conditions in exchange for billions of dollars in federal transfer payments. This legislation would add one more condition that would require provincial taxes and benefits to always allow people with disabilities to gain more than they lose from work. To be clear, the federal government would not dictate how provincial policies work; rather, it would instill one simple principle: do not punish people with disabilities for working. Provinces would have total liberty in how they instill this principle.

For example, in British Columbia, people used to lose their drug coverage if they got a job and left welfare. That is not the case anymore. Economist Kevin Milligan, who advised the governing party on its platform, wrote, B.C. “replaced an 'all or nothing' program for social assistance recipients with one that is income-tested and more gently smoothed out as incomes rise. This had the effect of removing a very tall 'welfare wall' that provided a disincentive to work for people on benefits.” Similar solutions can allow other Canadians to get jobs without losing life-saving medications.

Respecting the bill and allowing people with disabilities to work could save taxpayers money. Data from the Ontario government showed that if one person on disability assistance gets a $17-an-hour job, the government saves $14,000 in benefits and collects an extra $1,000 in taxes. Imagine what we would save if we knocked down the welfare wall and freed tens of thousands of workers with disabilities to earn a living and escape poverty.

Speaking of poverty, the best anti-poverty plan is a job. If an individual is of working age but lives in a household where no one works, that person has a 50% likelihood of living in poverty today. However, if an individual works full-time year-round, that person will only have a 3% chance of being poor.

The same is true for people with disabilities, who generally have a higher poverty rate. However, people with disabilities who are employed are only 8% likely to be below the poverty line. Let me give the House a startling example.

Let us put two people side by side, one who has a disability and a job and the other who has no disability and no job. The second person is more than twice as likely to be below the poverty line, which shows that it is joblessness more than disability that causes poverty, and it is not just material poverty.

While we are always told how dangerous it is to overwork, we often forget the greater danger to health and happiness of not working at all. Allow me to quote former British Medical Journal editor Dr. Richard Smith, who said, “Unemployment raises the chance that a man will die in the next decade by about a third. The men are most likely to die from suicide, cancer, and accidents and violence. ... Separation, divorce, and family violence are also linked with unemployment.”

He went on, “But it is mental health that is most harmed by unemployment. The unemployed experience anxiety, depression, neurotic disorders, poor self-esteem, and disturbed sleep patterns, and they are more likely than the employed not only to kill themselves but also to injure themselves deliberately.”

Dr. Diette, a Washington and Lee University economist, wanted to determine if unemployment causes bad mental health or if it is just the other way around. He studied the mental health of people who had never before experienced serious psychological distress. Those who went on to lose their jobs later became at least 125% more likely to suffer such psychological distress than those who kept working.

Elsewhere, researchers tested 1,000 laid-off Danish shipyard workers for psychiatric symptoms during a three-year follow-up period. He found these workers suffered worse mental health results than other workers who kept their jobs at a different shipyard. Here we have a very large sample size of people in the same country and in the same industry. Those who were not working went on to suffer far worse mental health than their counterparts who continued to have jobs.

Some would say, “Of course unemployment harms health and happiness. People without jobs are stressed about money”, but that is only part of the story. University of Zurich economist Dr. Winkelmann found that life satisfaction for unemployed German men was significantly lower on a scale of 1 to 10 than for working German men, even when their total incomes were the same. How can this be? We are always told that work is a necessary but miserable slog, and we would all be happier retiring at 30. Trendy TED talkers are always talking about this amazing future when robots will do all the work for us, yet evidence proves that people are happier and healthier working, even when money is no issue.

Why is that?

First, it is because work makes us valuable to others. Tibet's Nobel Prize-winning spiritual leader, the Dalai Lama, and the American Enterprise Institute president wrote together that virtually all the world's religions teach us that diligent work in the service of others is our highest nature and thus lies at the centre of a happy life. In one shocking experiment, researchers found that senior citizens who did not feel useful to others were nearly three times as likely to die prematurely as those who did feel useful. That is especially true for people with disabilities, whose skills and contributions are often undervalued by ignorant attitudes and small-minded people.

Second, work connects us to one another. A workday is a constant flow of exchanges of goods, services, emails, phone calls, handshakes, questions and answers that link us together, and in each of these exchanges a worker is important to someone else. That is especially true of people who might be isolated and lonely. Their work colleagues form a social network, and even a family. A worker matters to his colleagues. He has a name, and as the Cheers jingle taught us so many years ago, sometimes we want to go where everybody knows our name.

Third, work puts us in control of our lives, which is a basic human need. “One of the most prevalent fears people have is losing control”, wrote psychologist Dr. Elliot Cohen. Welfare surrenders our control to a system in which politicians we do not know make decisions that shape our lives. Through work, however, we take control of our lives. We do, rather than being done to. We become active players, not passive observers. We are the independent authors of our lives.

For these reasons, work is a blessing, not a burden. A system that robs people of this blessing is not only foolish but inhumane. Therefore, let us knock down this welfare wall and open up opportunity for people with disabilities to earn a great living and live a great life.

[Pierre Poilievre, Conservative, Carleton, ON]

Mr. Speaker, his autistic son taught Randy Lewis the amazing and underutilized potential of workers with disabilities.

His job as Walgreens vice-president gave him a chance to do something about it, hiring over 1,000 workers with disabilities at Walgreens' mercilessly competitive distribution centres, earning the same wages and doing the same work as everyone else.

His book, No Greatness Without Goodness, recounts the touching story of a mother breaking into tears when her adult disabled son came home with his first paycheque, which was bigger than either of his parents had ever earned.

I am pleased to announce today that Randy Lewis has endorsed the opportunity for workers with disabilities act, which will allow workers with disabilities to earn more in wages than they lose in clawbacks and taxes. It will give thousands of people the pride and independence of a job, and what Martin Luther King called the “dignity of labour”.

Financial Statement of Minister of Finance

[Pierre Poilievre, Conservative, Carleton, ON]

Madam Speaker, this is something I have thought a lot about. We have in this country different provincial programs that offer drug plans to people who are of limited means. Some of them require that people be on social assistance. Others, like in British Columbia, are phased out very gradually as people earn more income. There is no doubt that in many provinces the clawbacks of drug benefits, of housing benefits, and of social assistance combined with taxation create marginal effective tax rates on the poorest people that can often exceed 100%. That is, for every extra dollar they earn, they actually lose more than a dollar. This is a particularly pernicious problem for people with disabilities.

That is why I have introduced the opportunity for workers with disabilities act, which would require the finance minister to do an assessment every year of how much people with disabilities are losing for every dollar they earn, and if they are losing more than gaining, then the minister would be required to introduce measures through the working income tax benefit, the disability tax credit, or others in order to redress that problem. It would further create a condition in the Canadian social transfer program that provinces do the same because we must all agree that work should always pay more and we should reward people for making the courageous decision to work.

Opportunity for Workers with Disabilities Act

[Pierre Poilievre, Conservative, Carleton, ON]

moved for leave to introduce Bill C-395, An Act to amend the Federal-Provincial Fiscal Arrangements Act.

Mr. Speaker, it is an honour today to table in the House of Commons my private member's bill, the opportunity for workers with disabilities act. Unfortunately, across this country there is an inadvertent phenomenon which, as a result of our tax and benefits system, punishes some of our most inspiring workers when they endeavour to leave social assistance and enter the workforce. The combination of benefit clawbacks and taxation can often lead to marginal effective tax rates above 100%; that is, a person loses more than a dollar for every dollar the person earns. It is called the welfare wall and it keeps many of our otherwise hard-working people trapped in poverty and out of work.

Conservatives and all Canadians believe that hard work should be rewarded and not punished. The bill would inculcate one simple principle that all governments must follow, that workers with disabilities must always be allowed to earn more in wages than they lose in clawbacks and taxes.

(Motions deemed adopted, bill read the first time and printed)