Bill C-22

Canada Disability Benefit Act

An Act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act

This enactment establishes the Canada disability benefit to reduce poverty and to support the financial security of working-age persons with disabilities. It sets out general provisions for the administration of the benefit and authorizes the Governor in Council to implement most of the benefit’s design elements through regulations. It also makes a consequential amendment to the Income Tax Act .

[Neil Belanger]

It's like anything else. The engagement has to happen. They have to be involved in the process. With Bill C-22 they have to be at the table as well. They have to be directing how the regulations are being created and be talking about the experience they have from remote, rural and isolated communities.

The provinces and territories have a big role to play in this as well. This is a federal benefit, but in reality most of the services come from the provinces and territories. They need to step up as well, which they haven't done. I alluded to that in my comments. A lot more work needs to be done as well—work that is complementary to this benefit.

This benefit will be a great step forward, and it will alleviate poverty for many, but it won't eliminate all the difficulties that indigenous people with disabilities experience, not by any stretch of the imagination. This is only one part of many things that might happen. It's a great part and should have happened a long time ago, which is why we're saying, “Let's get it done.” Our fear is that if we don't get it done now, we won't get it done at any time. There's always work that needs to be done with the provinces and territories, and the engagement with indigenous communities and indigenous persons with disabilities has to be there as well.

[Scott Aitchison, Conservative, Parry Sound—Muskoka, ON]

I'll ask you, then, if there are any....

Actually, I'd like to go back to Mr. Belanger.

Mr. Belanger, are there any specific amendments that you think should be made to Bill C-22 that would inform the regulations process?

[Peter Zein, Chairperson, Stratford Advisory Committee on Accessibility Issues]

Thank you for inviting me to speak. I'm going to talk about it a little more personally—what in the past has caused people with disabilities to be where we are. Nothing has really changed.

I'm the chair of the Stratford advisory committee on accessibility issues. We're an advisory committee that recognizes the needs of persons with disabilities in Stratford and makes recommendations to the city council. We have had many discussions about poverty, affordability and accessible housing.

I want to begin by sharing my story, as it is relevant to my views of this bill.

Forty years ago I was at Humber College studying engineer technology—a good future—but after my second year, in the summer, I dove into shallow water, broke my neck and became a quadriplegic for life.

While in rehab, a number of men had begun planning to incorporate subsidized, accessible housing units with Metro Toronto Housing so that they could move out of the rehab centre and into an apartment. Before this, there wasn't any assisted living, wheelchair-accessible housing in Toronto—or anywhere else, for that matter. This was groundbreaking. Because the board majority was over 50% persons with disabilities, it was consumer controlled. In other words, we had the decision-making in terms of what was being done in that building.

I lived on family benefits, which is now called ODSP. It was $900 a month, and the rent subsidy was $200. This left little for gas and groceries, insurance, etc. It's not much different from today.

I returned to school, but as a rehabilitation worker, and I got a job at the Centre for Independent Living. My job was to help persons with disabilities and their families find funding for equipment, housing and government grants, and to communicate their needs to the government.

The ILC is also a consumer-run organization. I had a one-year contract, and I made $20,000 to start. I threw away all my opportunities to stay on the security of government funding, and instead I went it alone. It was only a one-year contract, and after 11 years—it went on and renewed regularly—I had to go on long-term disability due to syringomyelia. The insurance company paid 70% of my long-term disability, plus CPPD, but it would not pay any benefits because there were too many people working at the organization who were at high risk to go on disability. My benefits cost thousands of dollars.

I've had a disability for 40 years. I raised my son by myself, starting when he was a teen. It was hard to make ends meet. I know a lot of persons with disabilities from work, wheelchair sports and committees. In the 1990s, it was the UN Decade of Persons with Disabilities. It was supposed to be a celebrated time. Vancouver put on a world show, and everybody was invited. It was supposed to change the world with regard to disabilities, start providing regular funds and the things we need, and recognize people with disabilities as human beings.

It was 1990 when the Americans with Disabilities Act came in. We thought for sure that Canada was going to come up with one. It didn't happen. As a matter of fact, halfway through the 1990s, the government lost money. It didn't prepare for this. It had no money left over. By 1993 or 1994, it ran out of money, and all the funding was cut. I was the one who was taking the calls and trying to tell people why they were cut. I had to do it, and I couldn't explain, other than the failure of the government. It didn't prioritize people with disabilities. It didn't care.

Now is it different? I don't know. I don't think it's much different. I know friends of mine who have gone to MAID. My best friend went to MAID. He was the first one to go to MAID. I didn't want him to do that. I know a guy who starved himself to death for two years because he couldn't stand living in the conditions: no money, nothing to do and no ability to really enjoy life whatsoever. He passed away, and I know many others who passed away. Then, when we got the one-time $500 payment for COVID, it demonstrated a total lack of understanding of the costs we incur. I get a cheque now, and it sounds good, but the problem is that I have no benefits. The benefits I need are thousands of dollars. Many others are on different conditions. The way to set this up is going to be so difficult. You have to really think about who needs it, and you're going to have to look at very diverse ways, because not everybody's the same.

People on ODSP are different from me. They get the benefits; I don't. Everything's different. Twelve hundred dollars a month is absolutely no way to live.

Bill C-22 is for the “working-age” disabled. I'm not crazy about that. I've advocated for persons with disabilities since I was 22. I'm now 61, and the projection for this bill to come into effect is approximately 2024. I'll be 64, which is one year away from retirement and being cut off from any part of this.

Why do we suddenly stop being disabled at 65? Bill C-22 needs to include those over 65. Our costs are still high, and we have no ability to save for retirement.

I'm in Stratford and I'm very happy here, but we are a rural community. There are higher transportation costs and extremely high housing costs. Very few houses are accessible, if any. There's one supportive housing unit for the physically disabled, and the building condition...is in dire need of repair.

We also have a homelessness problem due to mental health. Many in Stratford have a disability, whether physical or intellectual, or have mental health issues. It will be a challenge to achieve equity. Stratford is expensive. Many rural areas are very expensive. Toronto is expensive, but they all have different expenses and different needs.

I hope Bill C-22 will be very quickly delivered, but it has to be expanded for the age; it has to be equal to the needs of the people, and it has to not leave anybody out. More importantly, it needs to be delivered with input from persons with disabilities.

Thank you.

[Neil Belanger, Chief Executive Officer, Indigenous Disability Canada]

I would like to thank the committee for this opportunity to speak briefly today on Bill C-22, the Canada disability benefit, during this eighth anniversary of Indigenous Disability Awareness Month being celebrated across Canada.

My name is Neil Belanger and I'm a member of the Lax Seel Clan in the House of Nikateen of the Gitxsan nation. I am also the chief executive officer of Indigenous Disability Canada and executive director of the British Columbia Aboriginal Network on Disability Society.

Before I begin, I'd like to acknowledge the Esquimalt and Songhees peoples, whose territories I am pleased to live and work on and where I am presenting from today.

Over 1.8 million people identify as being indigenous in Canada. Indigenous people experience a rate of disability higher than that of the general population, at over 30%, equating to approximately 600,000 indigenous people living with a disability in Canada. In addition to higher rates of disability, indigenous people and communities experience higher rates of poverty. In 2016 it was reported by Stats Canada that four out of five communities, or 80% of indigenous communities, had a median income under the poverty line.

Over the past 30 years, our organization has provided a number of direct programs and services to indigenous persons with disabilities residing within indigenous and non-indigenous communities, with the overwhelming majority living in systemic poverty.

Living in systemic poverty restricts indigenous people with disabilities in their ability to be active and included members of their communities. In addition to poverty, indigenous people with disabilities face other barriers, such as anti-indigenous racism; lack of disability and health-related programs and services; lack of safe, affordable and accessible housing; inaccessible communities; gender-based violence; jurisdictional issues; lack of transportation; inequity in employment and education, and the list continues.

The implementation and delivery of the Canada disability benefit would assist indigenous people with disabilities in their ability to begin to address some of these barriers. That being said, additional and expanded programs, services and supports, federally, provincially and territorially, are necessary for all persons with disabilities. Without their implementation, we will never achieve a fully accessible Canada by 2040.

The need for a supplement such as the Canada disability benefit has always existed for persons with disabilities living in poverty. However, the urgency has increased exponentially due to inflation coupled with a national housing crisis.

While we cannot and would not speak for all indigenous people with disabilities in Canada, we know from our work and discussions with our clients that the need for the benefit is now and with no further delays, as they have waited long enough. We can no longer expect persons with disabilities living in poverty to do more with less and survive on the kindness of others, nor can we passively sit by and feign ignorance to the inequality they endure.

It is for these reasons and others that we would urge this committee to fast-track the passing of Bill C-22 and in doing so enable the work on the regulations to begin in partnership with and directed by indigenous and non-indigenous people with disabilities. We are in agreement with the process outlined by the Government of Canada for Bill C-22 and fully expect and are confident that we and other members of the indigenous and non-indigenous disability community will be at the table as partners in all aspects.

In addition to the fast-tracking of the bill, we would recommend the following during the development of the regulations:

One, as noted by others, ensure that the benefit is not a race to the bottom but a mechanism to substantially reduce the poverty experienced by persons with disabilities.

Two, ensure that the benefit takes into consideration the additional expenses and higher costs for necessities of living that persons with disabilities incur.

Three, ensure that the eligibility criteria for the benefit for working-age Canadians with disabilities aged 18 to 64 are as broad as possible.

Further, it is essential that the federal government continues to work with the provinces and territories to ensure that once the Canada disability benefit is implemented, no clawbacks or reductions in federal, provincial or territorial benefits or supplements occur.

As well, a number of other complementary initiatives to the Canada disability benefit should be engaged by the federal, provincial and territorial governments. Some of these include development of an ongoing anti-indigenous racism and disability discrimination awareness initiative; development and implementation of federal, provincial and territorial employment strategies for indigenous people with disabilities; implementation of generous annual earning exemptions across all jurisdictions for persons with disabilities who are able to work; expansion and lessening of restrictions pertaining to the enabling accessibility fund; increased federal, provincial and territorial budget allocations to departments providing resources to disability-related organizations and initiatives; and review and modification of the disability tax credit and registered disability savings plan programs and more.

In closing, I would like to thank the committee for this opportunity to speak today and to again express the urgency of getting this bill passed and then working on the regulation development. The time is now.

Thank you.

[Leslie Yee, Vice-Chair, Board of Director Member, Council for Persons with Disabilities]

Thank you, Mr. Chair and members of the HUMA committee.

I'm honoured to be here today. My name is Leslie Yee. I am legally blind and I have a guide dog. I'm also representing the Council for Persons with Disabilities in Peterborough, Ontario.

We're very happy to see Bill C-22 moving forward, and we applaud the government for considering a bill that is quoted as being “to reduce poverty and to support the financial security” of persons with a disability. It is a step in the right direction. However, there are a few concerns I would like to address.

For years now, a person with a disability has been living well below the poverty line. Bill C-22 is focused on bringing people out of poverty, and it has the intent of reducing poverty, but not of eliminating it. With today's inflation rates, the cost of living, increased rent and additional expenses, people are falling further and further below what is considered poverty.

If the provincial and federal governments continue to claw back benefits, we will never see an elimination of poverty. Only by eliminating the clawbacks between supports will we start to see poverty eliminated. Only then will we see people living a healthier, safer and happier life.

Twenty-two per cent of Canadians have a disability, and many cannot afford their rent, food or medications. To manage our disabilities, to purchase mobility and technology aids that are needed to navigate our surroundings, and to receive the proper and often expensive medication we need costs an average of 30% of our income.

Regarding clawbacks for persons with disabilities, individuals living on CPP disability earn approximately $1,200 per month. If they take on a part-time job and earn more than $533 per month—$6,400 per year—they are often reassessed and told they are making too much money. These individuals are told that their benefits might be reduced or taken away for working too much. This does not eliminate poverty. Instead, it creates fear and undue stress.

Another concern with Bill C-22 is the elimination of the benefit at age 65. While I understand that the benefit turns into CPP retirement, it is at a further reduced amount. Disabilities do not go away or simply disappear. Individuals with disabilities still need aids or medication and supports. In fact, these are only exacerbated by increased age.

CPD strongly believes the terminology “working age” should be eliminated from this bill. Bill C-22 should also be lifting seniors with disabilities out of poverty.

People with disabilities have the same desires, hopes and expectations as able-bodied citizens. We want to be part of our community and contribute to society by paying taxes, volunteering and supporting one another. Living a healthy and safe life is a human right, not a privilege. No one deserves to live below the poverty line, especially a poverty line that is currently below the cost of living.

I commend the committee for assessing Bill C-22, but respectfully ask that the wording of the bill be looked at carefully. All eligibility criteria, including any restrictions, should be reviewed carefully and determined through the development of the regulations. The wording of the Canada disability benefit act should not be allowed to impose any limitations or create more barriers.

On behalf of the Council for Persons with Disabilities, I thank you for giving me this opportunity to speak with you about Bill C-22. Our organization looks forward to a bill that will lift people out of poverty and create a better life for all persons with disabilities. Thank you.

[The Chair, Liberal, Bobby Morrissey]

I call the meeting back to order. Welcome back.

The committee is resuming its study of Bill C-22, an act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act.

To assist the interpreters in their work, I kindly remind all members and the witnesses appearing today to introduce themselves when speaking and to speak slowly. You may choose the official language of your choice to speak in. If there is a loss of translation services, please get my attention by raising your hand in the room or using the “raise hand” icon if you're appearing virtually. I will suspend and it will be corrected. Please address any comments through me, the chair.

I would like to welcome our witnesses to begin the discussion with five minutes of opening remarks. We have Leslie Yee, vice-chair of the Council for Persons with Disabilities; Neil Belanger, chief executive officer of Indigenous Disability Canada; and Peter Zein, chairperson of the Stratford Advisory Committee on Accessibility Issues.

We will start with Ms. Yee for five minutes. You have the floor.

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

Thank you, Mr. Chair.

I want to thank all the witnesses for coming and bringing really important testimony here today at this committee. Absolutely, we are hearing loud and clear from all of our witnesses about the urgency of making sure we deliver the supports that Canadians with disabilities urgently require. That's something that has been repeated time and again at this committee, and it's something that is guiding our work here.

We also heard very clearly in previous testimony at this committee from witnesses who urged “urgent passage” of Bill C-22 through the House and through this committee. We heard other witnesses say that this needs to move forward “without delay”. There was even one witness who testified and said simply “get 'er done”. That seems to be the sentiment we have heard time and again as well, that there is tremendous urgency.

I want to ask Ms. Bourgeois if she can comment on how vital it is that we get this bill and this legislation passed through committee and passed through the House.

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Thank you.

The other thing I want to ask about is co-creation.

You touched on consulting. What consultation has there been with your organization or others that you know of up to this point? We know this legislation was tabled a year ago. It was retabled without any changes.

My first question is on what type of consultation there has been up to this point, and have you been happy with that? Moving forward, is there anything you can point to in this bill that assures that co-creation will exist if Bill C-22 passes?

[Tracy Gray, Conservative, Kelowna—Lake Country, BC]

Thank you, Mr. Chair, and thank you to all of the witnesses for being here today. We really appreciate it.

My first questions today are for Mr. Lepofsky and the AODA Alliance.

Earlier in this committee, Minister Qualtrough called Bill C-22 “framework legislation”. What are your thoughts on this? Does this concern you?

[Louise Bourgeois, President and Member, Board of Directors, Mouvement Personne D'Abord de Sainte-Thérèse, Fédération des Mouvements Personne D’Abord du Québec]

Good afternoon, committee members.

My name is Louise Bourgeois and I am president of the Mouvement personne d'abord de Sainte‑Thérèse. I have also been president of the Fédération des mouvements personne d'abord du Québec for a number of years.

I am the spokesperson for the 700 individuals living with an intellectual disability who are members of our provincial organization. I also sit on the board of directors of People First of Canada with my colleagues from the other provinces and territories.

People First groups are community-based self-advocacy organizations. Our organizations are run by and for our members. They sit on our boards of directors and decide what to do to defend their rights and ensure they have a place in society.

I truly believe that Bill C‑22 will help People First and all people with disabilities in this country make their way out of poverty. In the current environment, many people have gone from a precarious situation to extreme poverty. In this context, the bill can be a safety net in a country like Canada, which is committed to fighting poverty.

Given the current inflation rate, Canada must take action to help these Canadians keep their dignity. Members of our organization are now having to make some tough choices to stay within their budget. I will give you some examples.

First, I know someone who lives in substandard housing. She can't move because rents are too high in her area. Second, many people miss out on learning opportunities because they have to line up at food banks every week. Finally, others will have to keep their winter boots with holes in them if they want to put food on the table this winter.

Bill C‑22 must have an inclusive definition of the term “person with a disability” to address the right to dignity and ensure that as many people as possible living in poverty will be eligible for the new Canada disability benefit.

People living with intellectual disabilities are among the poorest in our society. They are also at greater risk of experiencing economic violence. It will be important that the amount given to individuals does not depend on their spouse's income. It should be calculated and given to the person individually. After all, the bill is about strengthening people's financial security.

It's important to me and to the people I represent to know that you respect the “nothing about us without us” principle and that you will take the time to consult with the entire disability community in Canada.

You must take into account the concerns of people living with developmental disabilities and people with disabilities to provide a fair and equitable benefit.

I know that you will have questions for me. I ask that you use simple words that I can understand. If I have trouble, I will ask the person with me to answer on my behalf.

Thank you very much for hearing what I have to say.

[The Chair (Mr. Robert Morrissey (Egmont, Lib.)), Liberal, Bobby Morrissey]

I call the meeting to order.

Welcome to meeting number 43 of the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Today's meeting is taking place pursuant to the House order of June 23, 2022, and therefore members are attending in person as well as remotely by using Zoom.

To ensure an orderly meeting, I would like to make a few comments for the benefit of the witnesses and members appearing virtually.

Before speaking, please wait until I recognize you by name. For those participating virtually, please use the “raise hand” function. Before speaking, click on the microphone icon to activate your own mike. For those in the room, it will be controlled here by the verification officer. You may speak in the official language of your choice.

Interpretation services are available. For those participating virtually, you can choose either official language with the icon on your service. Unless there are exceptional circumstances, the use of headsets with a boom microphone provided by the House of Commons is mandatory for everyone participating remotely who wishes to speak. That is for the benefit of the interpretation services, so that they can do the translation accurately.

I would like to remind all participants that screen shots or taking photos during the meeting is not permitted. Should any technical issue arise during the meeting, please get my attention. We'll suspend until it's clarified.

Bill C-22 is an act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act. Pursuant to order of reference of Tuesday, October 18, 2022, the committee will resume its study of Bill C-22.

I would like to take a moment to remind those participating in today's meeting, as well as those observing the proceedings in person and on video, that the committee adopted a motion on Monday, October 24, that included instructions for the clerk to explore options to allow for the participation of all witnesses and members of the public in the context of the consideration of Bill C-22. In planning inclusive and accessible meetings, the committee has made arrangements for sign language interpretation in both American Sign Language and Quebec sign language for those witnesses appearing in person and by Zoom, and for individuals in our audience. The sign language interpreters are being video recorded to be incorporated into a video recording of the proceedings today that will be made available at a later date on ParlVU via the committee.

Finally, if a member of the audience requires assistance at any time, please notify a member of the staff or the committee clerk.

I would like to inform all members that the witnesses appearing virtually today have completed the technical connectivity and equipment test, and adequate translation is available.

I would like to welcome our witnesses. We will begin our discussions with five minutes of opening remarks, followed by questions.

We welcome back Vincent Calderhead, legal counsel, who is appearing as an individual.

From the Accessibility for Ontarians with Disabilities Act Alliance, we have David Lepofsky, chair, who's with us in the room, and Shirelle Cogan, delegate.

We also welcome Danielle Gratton, director; and Louise Bourgeois, president and member, board of directors, Mouvement Personne D'Abord de Sainte-Thérèse.

We will start with Mr. Calderhead for five minutes, please.

Mr. Calderhead, you have the floor.

Fall Economic Statement

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, this is one of the big disappointments in the fall economic statement. With work being done on Bill C-22 in this place and with the unanimous support that Bill C-22 received at second reading, I would have hoped to see something of an emergency short-term fund to ensure that no Canadian in the disability community is living below the poverty line. We know that all too often people living with disabilities are, in fact, disproportionately part of the community of the lowest-income Canadians.

Yes, we need an emergency short-term support. We do not have to wait for the next budget. It can be brought forward at any time. We know we are going to see a budget implementation act at some point. A budget implementation act would be a good place to see an emergency short-term payment for people living with disabilities until Bill C-22 can come through, be enacted and be fully funded.

[Mike Morrice, Green, Kitchener Centre, ON]

Madam Speaker, in a previous question, the member for Saanich—Gulf Islands spoke about a guaranteed basic income. In the House, there is legislation put forward, Bill C-22, that would provide that for Canadians with disabilities who are living in legislated poverty. However, in this fall economic statement, we did not see anything with respect to funding the benefit, nor did we see anything with respect to emergency supports, like what was done with CERB, to address the conditions of those living in poverty and those living with disabilities across the country.

Can she speak more about this opportunity? If it is not in this fall economic statement, how can all parliamentarians work together to continue to advocate to ensure that, if not now, then perhaps by budget 2023 these critical supports can be put in place?

[Bonita Zarrillo, NDP, Port Moody—Coquitlam, BC]

Thank you.

Ms. Gammad, you mentioned the gender lens, diverse genders and trans persons with disabilities. This voice is often not involved in the making of legislation and is often not at the decision-making tables. I also note that LEAF is doing some work around basic income. I'm wondering if you have any best practices or things that you can share with us about how we can get those voices included.

Right now what's in Bill C-22 doesn't necessarily regulate or ensure that those voices will be part of the co-creation. I'm wondering how we can ensure as legislators that those voices are included in the making of regulations and make sure that this voice is not missed.

[Michelle Ferreri, Conservative, Peterborough—Kawartha, ON]

Thank you, Mr. Chair.

Thank you so much to our witnesses.

I'm very fortunate to have worked with Easter Seals over my career and have lots of personal connections to people living with intellectual disabilities as well and have been able to work with them throughout my career. I know how important the work is that you guys and Jen from LEAF are doing. Thank you for what you're doing.

I want to use this six minutes as efficiently as we can. I think we all know that this bill needs to get passed. We all know there is a crisis. I want to dig into the amendments. What things do we need to fix? I know we want to pass the bill quickly, but the Accessibility for Ontarians with Disabilities Act Alliance, the AODA Alliance, watched our committee on Tuesday, and they were concerned.

I'm going to go to Amélie.

One of their concerns is, “Minister Qualtrough tried to defend the Federal Government's choice to enact what they call 'framework legislation' that leaves it to future regulations to sort out all the details.” They went on to say, “What this boils down to is the Government does not want to debate and publicly vote in Parliament on any specifics about the Canada Disability Benefit...”.

What would you recommend? We want to move on it quickly and we want to make sure that it's done properly so that the people who are impacted the most.... What amendments to Bill C-22 would you recommend right now?