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An Act to amend the Old Age Security Act (Guaranteed Income Supplement)

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Kamal Khera  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Old Age Security Act to exclude from a person’s income any payment under the Canada Emergency Response Benefit Act , Part VIII.4 of the Employment Insurance Act , the Canada Recovery Benefits Act or the Canada Worker Lockdown Benefit Act for the purposes of calculating the amount of the guaranteed income supplement and allowances payable in respect of any month after June 2022.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-12s:

C-12 (2020) Law Canadian Net-Zero Emissions Accountability Act
C-12 (2020) Law An Act to amend the Financial Administration Act (special warrant)
C-12 (2016) An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and to make consequential amendments to other Acts
C-12 (2013) Law Drug-Free Prisons Act

Votes

Feb. 16, 2022 Passed 2nd reading of Bill C-12, An Act to amend the Old Age Security Act (Guaranteed Income Supplement)

Government Business No. 7—Proceedings on Bill C-12Government Orders

February 11th, 2022 / 12:50 p.m.


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Liberal

Darren Fisher Liberal Dartmouth—Cole Harbour, NS

Mr. Speaker, I want to thank the Bloc members for being supportive of Bill C-12. There have been lots of conversations with the critic and with individual members and I know that the Bloc supports this. If the Bloc will be willing to support Bill C-12, through this motion today, we will move this along more quickly.

The last thing we need to have happen is to have this go past the March 4 deadline and delay this any further. This is a simple fix. This bill is not pages long. It is five lines and it speaks to what is needed and what has been asked for.

Government Business No. 7—Proceedings on Bill C-12Government Orders

February 11th, 2022 / 12:50 p.m.


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Conservative

Shelby Kramp-Neuman Conservative Hastings—Lennox and Addington, ON

Mr. Speaker, with all due respect, this government motion will push through Bill C-12 with minimal debate, zero committee study and no opportunity to improve it or strengthen it. Can the member perhaps acknowledge that this is deviating from standard practice that is entrenched in this place?

Government Business No. 7—Proceedings on Bill C-12Government Orders

February 11th, 2022 / 12:40 p.m.


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Dartmouth—Cole Harbour Nova Scotia

Liberal

Darren Fisher LiberalParliamentary Secretary to the Minister of Seniors

Mr. Speaker, I thank the House for allowing me to speak with unanimous consent. This is very important to low-income seniors across the country, but extremely important to me as well.

While the Minister of Seniors provided a lot of important context on the urgency of this bill and the merits of passing this motion, I want to add a few points of support that hon. members can consider as we move forward.

First, I would like to acknowledge that I am joining the debate on the traditional territory of the Mi'kmaq people here in beautiful Dartmouth—Cole Harbour, Nova Scotia. I am here to discuss government business no. 7, which would expedite Bill C-12, an act to amend the Old Age Security Act. In short, this bill would exempt pandemic relief benefits from the calculation of the guaranteed income supplement or allowance benefits beginning in July of 2022.

I would like to explain why we are proposing this amendment and I hope that hon. members will see the urgency and the merit of rapid adoption.

As hon. members know, we put in place the Canada emergency response benefit, CERB, and the Canada recovery benefit, CRB, to help people at the height of the pandemic, and the financial sector has confirmed that these benefits have helped families avoid catastrophic income loss. However, we also know that these benefits were counted as income and had an impact on some of our most low-income seniors. This is happening because eligibility for the GIS and the allowances is based on how much net income an individual earned the previous year.

Since the CERB and the CRB are taxable, they can and do impact GIS eligibility. Unfortunately, that meant that some GIS and allowance recipients may now be facing lower benefit payments because of the income they received from these pandemic benefits. We recognize that some seniors were facing significant challenges as a result of this and we needed to move quickly to rectify the situation.

In the 2021 economic and fiscal update, our government committed $742 million for one-time payments to support seniors who were experiencing hardship because of this. I want to tip my hat to the minister for this because I know how hard she worked and how determined she was to get that in the economic and fiscal update. GIS and allowance recipients who received CERB or the Canada recovery benefit in 2020 will get help. We are going to compensate seniors for their loss of GIS or allowance benefits, and we are going to make it simple. Seniors would not need to take any action to receive the one-time payment. They will receive it automatically, in the same way that they receive their GIS or allowance benefits.

This automatic one-time payment will support those who saw a loss of GIS or allowance by compensating them for the full annualized loss amount. However, we did not just want to provide a quick fix. Instead, we wanted to ensure that seniors will not be facing a loss or a reduction in benefits again.

That is why we introduced this bill. Bill C-12 would exempt federal pandemic benefits from the calculation of GIS or allowance benefits beginning in July. This bill speaks directly to the needs of seniors that have been raised by members on every side of this House. Once again, we are proposing this crucial change to the Old Age Security Act to ensure that this problem never happens again. To do so, we have a very short window of opportunity at a very busy time of the year. We must have royal assent on Bill C-12 by March 4 to guarantee that this takes effect as of July 1.

Going forward, GIS and allowance recipients who received pandemic benefits will not experience any loss or reduction in their future benefits. This is something that should resonate with all members, and we have heard from so many members that it has and that they care about seniors in their communities. This will automatically prevent this from happening again to constituents.

These proposed measures are just a few of the many activities that we have undertaken, both before COVID struck and in the two years since. Indeed, the well-being of seniors has been a priority for our government since 2015. In 2016, we increased the GIS for nearly 900,000 low-income seniors. As a result of this and other government initiatives, an estimated 45,000 seniors were lifted out of poverty between 2015 and 2019. We also put thousands of dollars back in the pockets of future seniors by restoring the age of eligibility from 67 to 65 for GIS benefits and the old age security pension.

Then, when the pandemic hit, we stepped up to protect the most vulnerable among us, including seniors. To help seniors cover increased costs by COVID-19, we provided a one-time, tax-free payment of $300 for those eligible for the OAS pension and an additional $200 for OAS pensioners who were eligible for the GIS. We also provided a special top-up payment through the GIS credit in April 2020. More than four million low- and modest-income seniors benefited from this top-up, which gave an average of $375 for single seniors and $510 for couples.

Our Government of Canada will also increase the OAS pension by 10% for older seniors aged 75 and over. As a first step, we have provided a one-time payment of $500 to the OAS pensioners who will be aged 75 or over as of June 30, 2022, to help meet their immediate financial needs. In July 2022, the OAS pension will be permanently increased by 10% for seniors aged 75 and over. That increase will provide an extra $766 to full pensioners in the first year and improve the financial security of seniors later in life.

These are just some of the supports that our government has provided to improve the lives and financial situations of Canadian seniors. We continue to search for ways to improve our supports and services for seniors, and we will listen to all members who have suggestions.

During the pandemic, we focused our support on people. We put in place the CERB and the Canada recovery benefit to help people at the height of the pandemic. We helped millions of Canadians pay the bills and put food on the table with this support. However, we also know that it is now having an impact on some of our most vulnerable and we are taking action today to deal with that.

This bill is focused on dealing with this issue on a go-forward basis. We need all members' support to make that happen quickly. With Bill C-12, we would make an important legislative change that would provide seniors with peace of mind and certainty in knowing that they will not face any undue financial hardships if they continue to access pandemic benefits in the future. We hope they will not have to, but we committed to being there for Canadians as long as it takes. The pandemic has highlighted the many challenges facing our most vulnerable seniors. We have done a lot, but it is an area where we still have more to do.

The minister and I will continue to be available throughout this process to talk about this bill. We have already spoken to many members in the House about this. I know that all members here have expressed that they want to solve this issue in exactly the way this bill would do. All parties have suggested that.

Therefore, we should put politics aside and put people first in this case. Canadians expect that much of us when it comes to low-income working seniors who need this worry taken away. Let us support these most vulnerable seniors by quickly passing this bill, through this motion.

Government Business No. 7—Proceedings on Bill C-12Government Orders

February 11th, 2022 / 12:35 p.m.


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Liberal

Kamal Khera Liberal Brampton West, ON

Mr. Speaker, I have had conversations with the hon. member's party. I know we all agree. I also understand why there is urgency with this bill and of course, I share her concerns when moving quickly on the one-time payments we announced.

When I was appointed to this role, we moved very quickly and worked extremely hard with our officials and the Minister of Finance to make a major investment in the fiscal and economic update. My colleagues from all parties have received briefings on this. I assure them we will work quickly on that front. This bill will ensure that this does not happen again. That is what Bill C-12 is all about. I hope we can put aside our partisanship and move forward to ensure those—

Government Business No. 7—Proceedings on Bill C-12Government Orders

February 11th, 2022 / 12:35 p.m.


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Brampton West Ontario

Liberal

Kamal Khera LiberalMinister of Seniors

Mr. Speaker, I think we all agree why the quick passage of this bill is so important. We know how difficult this pandemic has been for those most vulnerable seniors. The bill is short, concise and clear. Bill C-12 would do what I said. It would exempt pandemic relief benefits for the calculation of GIS or allowance benefits, so that seniors who took pandemic benefits last year would have the security that their GIS will not be impacted.

It is something that the hon. member and I have chatted about. This is on top of the work that was announced in the fall economic statement. I think all parties agree on the merits of the contents of the bill. Let us get it passed.

Government Business No. 7—Proceedings on Bill C-12Government Orders

February 11th, 2022 / 12:25 p.m.


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Liberal

Kamal Khera Liberal Brampton West, ON

Mr. Speaker, as I mentioned, I think we all recognize, and all members have agreed with me, that we should do this payment as quickly as possible. We are supporting Canadians through an automatic, one-time payment to compensate the full amount of the loss of their GIS as soon as possible through the same one-time payment system that we have used in the past for seniors. I am happy to continue speaking to hon. members who want to support their constituents quickly, as we can all agree it is an extremely important issue. I have certainly had many conversations with hon. members on all sides on this extremely important point.

However, that is not what this bill is about. Bill C-12 would permanently exempt federal pandemic benefits from the calculation of GIS or allowance benefits beginning in July 2022, preventing this from happening again on a go forward basis. We are rectifying the previous situation and now, through this bill, we would make sure that it does not repeat itself. I think we can all agree that this bill would ensure a consistent approach for low-income seniors throughout this pandemic. We can continue to discuss the one-time payment for seniors, but we truly have a chance to expedite this bill over to the other chamber for further scrutiny.

As I mentioned, Bill C-12 is a very short, simple and clear bill, and something that I have spoken to members in other parties about. It is a simple exemption that would help seniors who really, truly need it. I certainly respect Parliament, and I am happy to make myself available to speak to parliamentarians on this.

We have to think about Canadians and those affected seniors. Our officials have certainly made immense strides towards making it possible for us to support these tens of thousands of seniors across the country. We should take this opportunity to show Canadians how this minority Parliament can work quickly, collaboratively and positively to achieve real results, and the motion today truly helps us do just that.

I am hopeful that hon. members will agree that Parliament has many important matters to discuss but should not belabour a point that we all agree on. In fact, I am appearing at the human resources, skills development and persons with disability committee on Monday about my mandate letter. This mandate letter commits me to, “Ensure seniors’ eligibility for the Guaranteed Income Supplement is not negatively impacted by receipt of the Canada Emergency Response Benefit...and the Canada Recovery Benefit....” I will certainly be discussing this with committee members during that meeting, and they can pose questions to me and my officials on this extremely important bill during that appearance.

As I have said, I have had conversations with members from all parties on this, and all have agreed that it is something we need to move forward on. We know that seniors are looking forward to all of us doing the right thing, and by working collaboratively, we can really show Canadians how, in a minority Parliament, we can all come together and do the right thing.

We are constantly working hard to find permanent solutions that will bring ongoing comfort and relief to the men and women whose hard work has contributed to the Canada we are so proud and privileged to call home. Seniors deserve nothing less than the best. We acted very fast to resolve this issue, and I truly hope that my hon. colleagues agree that this bill deserves a swift passage.

I will speak to the bill itself, and to start, I would like to remind hon. members that GIS is an income-tested benefit payable to low-income seniors who receive the old age security pension. The allowances are income-tested benefits payable to those aged 60 to 64 who are spouses, common-law partners, widows or widowers of GIS recipients, and every July an individual's entitlement for these income-tested benefits is reassessed based on individuals' income or the combined income of a couple. Therefore, the GIS and allowance benefits would be able to increase, decrease, stay the same or be seized, according to the changes in a person's annual net income.

The Income Tax Act defines pandemic relief benefits as taxable income, which has meant that they also are considered as income in determining entitlement to the GIS or allowance benefits. Unfortunately, that meant that some GIS and allowance recipients may now be facing lower benefit payments because of the income they received from these pandemic benefits.

Government Business No. 7—Proceedings on Bill C-12Government Orders

February 11th, 2022 / 12:20 p.m.


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Liberal

Kamal Khera Liberal Brampton West, ON

moved:

That, notwithstanding any standing order, special order or usual practice of the House, Bill C-12, An Act to amend the Old Age Security Act (Guaranteed Income Supplement), be disposed of as follows:

(a) the bill be ordered for consideration at the second reading stage immediately after the adoption of this order;

(b) when the House begins debate at the second reading stage of the bill, two members of each recognized party and a member of the Green Party may each speak at the said stage for not more than 20 minutes, followed by 10 minutes for questions and comments, provided that members may be permitted to split their time with another member;

(c) at the conclusion of the time provided for the debate at the second reading stage or when no member rises to speak, whichever is earlier, all questions necessary to dispose of the second reading stage of the bill shall be put without further debate or amendment, provided that, if a recorded division is requested, it shall not be deferred;

(d) if the bill is adopted at the second reading stage, it shall be deemed referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage, and deemed read a third time and passed;

(e) during consideration of the bill, the House shall not adjourn, except pursuant to a motion moved by a minister of the Crown;

(f) no motion to adjourn the debate may be moved except by a minister of the Crown; and

(g) upon completion of proceedings on the said bill, the House shall adjourn to the next sitting day.

Madam Speaker, I am pleased to speak virtually in the House from my constituency of Brampton West, which is situated on the traditional territory of the Anishinabe, Huron-Wendat, Haudenosaunee, Ojibwa and Chippewa people, and the land that is home to the Métis and is the territory of the Mississaugas of the Credit.

I will be sharing my time with my colleague, friend and excellent Parliamentary Secretary to the Minister of Seniors.

It is my pleasure to speak to the House today to discuss Bill C-12, an Act to amend the Old Age Security Act (Guaranteed Income Supplement), and why we should move quickly to adopt it.

The motion to expedite this matter reflects both the urgent nature of this bill to support the most in-need Canadians and the ongoing collaboration and agreement between parties on this, as well as the simplicity of the policy content.

On the day I was appointed minister, I began discussing this issue, recognizing there were low-income, working seniors who were having trouble making ends meet and that the pandemic benefits they received should not have been a penalty against them, especially not in the subsequent year as the system was set up.

Nothing about this pandemic has been normal, and I would argue that therefore neither should this be. They received CERB and CRB in 2020, but they spent it on things they needed at the time. It helped them to pay for their rent or the groceries or medicine they needed at the time.

I recognize that we cannot go back in time to exempt that income and that, at the time, we were 100% focused on moving quickly to set up benefits and save Canadians' livelihoods. We did that.

This bill would do one thing. It would exempt pandemic relief benefits from the calculation of guaranteed income supplement or allowance benefits beginning in July, 2022.

It is a very short bill. I could quickly read it out, and still have plenty of time in this speech. In fact, the bill is the product of much collaboration among parliamentarians and parties already. I want to take an opportunity to give credit to all the members who represented their constituents by raising the stories of seniors affected, both here in the House and with me directly through my office.

Further, I would like to also thank the stakeholders and the affected seniors themselves for raising this very important issue.

We all understand that this is an extraordinary situation. Working, low-income seniors deserve to be given a break from worrying if the pandemic benefit income they received will impact the low-income supplement they receive.

As mentioned, the Canada Emergency Response Benefit was put in place very quickly in 2020 to help people avoid catastrophic income loss during COVID. An unprecedented pandemic required an unprecedented response.

The CERB and the Canada Recovery Benefit did just that. They allowed Canadians who did not know what was next to not have to worry or choose between a roof over their heads or food on the table.

I will speak more about the merits of the bill during the second reading debate, which I hope we can get to quickly. Today, I am here to say that we need to adopt this motion to quickly move through the stages of the bill. I understand the importance of Parliament's time to scrutinize bills and debate ideas; however, this is one that we have all said we agree on. All parties have said they agree with the bill's content and intent. We all have limited time before officials would no longer be able to effectively implement this and ensure the best results for affected seniors.

Further, we have to consider our colleagues in the other chamber, who also have to consider this matter. We ask a lot of them when we send them emergency pieces of legislation, and I believe it is fair to try to give them adequate time as well.

However, it is clear from what has been said in this place that this matter is urgent. It is urgent that we remove the worry seniors have, and prevent this possible reduction of the guaranteed income supplement due to pandemic benefits.

This has been an extremely challenging time to navigate. Seniors, especially low-income ones, need the security and surety to know that the government will not be counting these pandemic benefits as income when it comes to their GIS calculations. It is simply not a normal time still.

Every July, entitlement to the GIS or the allowance is reassessed based on an individual's income, or the combined income of a couple as reported on the tax return. However, the CRA and ESDC have a lot of work to do together in the months leading up to July. We need to give them the time to make major system changes to make this exemption possible.

The Income Tax Act technically defines pandemic relief benefits as taxable income, which has meant that they are also considered as income when determining entitlement to the GIS or allowance benefits. In order to exempt that income, and to prevent lower benefit payments to some guaranteed income supplement and allowance recipients because of the income they received from these pandemic benefits, Parliament has to pass this bill by early March. Every day thereafter causes immense challenges for the system, and will have an impact on seniors' files. We need to move quickly to rectify the situation.

This is the unprecedented aftermath of an unprecedented response to certainly an unprecedented crisis. During my speech at second reading, I will further discuss our government's one-time payment that would help seniors affected by 2020 benefits as announced in the economic fiscal update. I recognize—

SeniorsOral Questions

February 11th, 2022 / 11:35 a.m.


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Dartmouth—Cole Harbour Nova Scotia

Liberal

Darren Fisher LiberalParliamentary Secretary to the Minister of Seniors

Madam Speaker, we can all agree just how challenging this pandemic has been on seniors, and our government has been there from the start to support them. We committed to help seniors by issuing a one-time payment to those on GIS where it was reduced due to pandemic benefits. Additionally, as the member said, we introduced Bill C-12 to exclude any pandemic benefit for the purposes of calculating GIS going forward.

I urge the member and all those on the other side to put politics aside and support Bill C-12.

Marilène Gill Bloc Manicouagan, QC

Madam Speaker, the federal government has finally realized that it is inhumane to reduce the GIS for the poorest seniors because of CERB.

It has introduced Bill C‑12, which will stop the reductions, but not until the July payment, even though seniors have been making sacrifices at the grocery store and even the pharmacy for the past year. Twelve months of daily sacrifices. This is crucial income for these seniors, but the government plans to keep reducing that income until the early summer.

How is it humanly possible to move so slowly?

Business of the HouseGovernment Orders

February 10th, 2022 / 3:30 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I can see why my hon. colleague was anxious to get to the Thursday question. It was exceptionally well put.

Let me say to the hon. member across the way that I have very much enjoyed getting to know him over the last while as we begin this new working relationship together. It seems we share an affinity for the movie Uncle Buck, so maybe we will have a movie night together at some point in time.

My hon. colleague is correct that we have motions scheduled for rapid testing and critical funds for seniors. We must move as expeditiously as possible. That is why tomorrow morning we will take up debate on Government Business No. 8, which sets out the parameters of how to expedite Bill C-10, an act respecting certain measures related to COVID-19 and more specifically to rapid testing. In the afternoon, we will turn to Government Business No. 7, which is a motion to dispose of Bill C-12, an act to amend the Old Age Security Act (Guaranteed Income Supplement). When we return on Monday, we will continue debate on government Motion No. 8 so that we can pass the rapid testing legislation as soon as possible. Finally, next Thursday shall be an allotted day.

Business of the HouseGovernment Orders

February 10th, 2022 / 3:30 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, I apologize. Like my colleague from Lévis—Lotbinière, I kind of jumped the gun.

Let me begin by stating that I am really looking forward to working with you and the government House leader. Despite any preconceived or misplaced characterizations he may have about me or my leadership team colleagues, which he so willingly shared with his caucus and publicly, he should not mistake our passion, our pride and our desire for only the best outcomes for our country and Canadians as any other emotion. If he would like to apologize, I am sure my leadership colleagues would gladly accept.

I note the government House leader gave notice of government Motion No. 7 and Motion No. 8 to schedule a program for Bill C-10 on rapid tests and for Bill C-12 on old age security. Under the terms of these motions, the sponsoring minister will not have to defend their legislation in committee, no stakeholders will be able to testify and no amendments can be made to improve the legislation. I want the government House leader to understand that the official opposition supports both bills, but his proposed approach is not acceptable. I call on him to abide by the time-tested procedures of the House and make sure the government legislation holds up to parliamentary scrutiny.

With that, I ask the government House leader the Thursday question: What is the order of business we can expect?

SeniorsOral Questions

February 10th, 2022 / 2:55 p.m.


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Brampton West Ontario

Liberal

Kamal Khera LiberalMinister of Seniors

Mr. Speaker, our government's priority from the very beginning has been to be there to support those most vulnerable seniors. That is why we worked so hard to strengthen income security for seniors, including with the increase to their GIS.

We moved very quickly to help seniors during the pandemic. We have also introduced, as my hon. colleague knows, Bill C-12, to exclude pandemic benefits for the purposes of calculating GIS going forward, while also making a major investment through a one-time payment to those seniors affected. We are on top of this, and we will always be there for seniors.

SeniorsOral Questions

February 10th, 2022 / 2:55 p.m.


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Brampton West Ontario

Liberal

Kamal Khera LiberalMinister of Seniors

Mr. Speaker, we all agree about just how difficult this pandemic has been for seniors, particularly those most vulnerable. That is why we have actually worked extremely hard to strengthen income security for seniors, including with increases to the GIS.

As my hon. colleague knows, we announced in the fiscal update that we would be delivering a one-time payment to those who received benefits in 2020. We also introduced Bill C-12 to exclude pandemic benefits for the purposes of calculating GIS going forward. I hope we can count on all members of the House to pass this bill extremely quickly.

SeniorsOral Questions

February 10th, 2022 / 2:45 p.m.


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Brampton West Ontario

Liberal

Kamal Khera LiberalMinister of Seniors

Mr. Speaker, as my colleague very well knows, we have been there to support seniors, particularly those vulnerable seniors, during this pandemic. As announced in the economic and fiscal update, we will be delivering a one-time payment to fully compensate those affected in 2020.

This week, we introduced Bill C-12 to exclude any pandemic benefits for the purposes of calculating GIS going forward. I hope that we can all get behind this bill and quickly pass it to prevent any future reduction in GIS for the low-income, vulnerable seniors who took these benefits. I think we can all get behind this.

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, many seniors have been struggling as part of the working poor for their whole lives.

Bill C-12 proves that the Liberals made a colossal mistake with the GIS clawback, and still these seniors are being told that they have to wait until May for help to come. We are hearing heartbreaking stories about seniors with only $70 left a month to cover food and medication, and this while the cost of living skyrockets.

Will the Minister of Seniors please explain to seniors who are receiving and living on $2.30 a day why they do not deserve an advanced payment?