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 .

Instruction to the Standing Committee on Industry and Technology

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I always welcome the opportunity to point out the hypocrisy of the Conservatives. Sometimes they just make it too easy.

When I first walked in this morning, honest to God, I really thought we were going to be passing historic legislation. I really thought we were going to be talking about Bill C-22. After all, if anyone went on the Internet and looked at what is happening in Ottawa, what would be debated in the House of Commons, the first thing in government business was Bill C-22.

I am sorry, Bill C-22 is another national program, that is the disability program. We do so much good stuff, there so much out there. We are supposed to be talking about Bill C-35, and it did not take a Conservative to point that out. They kind of get lost in the numbers.

At the end of the day, we were supposed to be talking about Bill C-35 today. It is a national child care plan, from coast to coast to coast, and we are enshrining it into law. We had 20 minutes to go, and then it would go into law.

However, no, the Conservatives had a different agenda. They have a partisan agenda. They have an agenda that says, “cause frustration, do not allow legislation to pass.” The previous speaker stood up and said that we needed to have more legislation, referring to Bill C-27. He wants to multiply Bill C-27 into three bills. He wants us to introduce three more pieces of legislation so that the Conservatives have more to filibuster.

The member is criticizing the government, saying that it has been months since we last called this legislation. A lot of issues are happening on the floor of the House of Commons, even with the frustrations caused by the Conservatives, and they cause a lot of frustration. I will give them that much. They know how to play a destructive force. Never before have I seen an opposition, and I was in opposition for 20 years, so focused on playing a destructive force with respect to legislation.

Earlier today, I reminded the opposition that it was a minority government, and I acknowledge that. We accept the fact that we were elected as a minority government, and we thank Canadians for recognizing us and allowing us to continue in government. We take that very seriously. I kind of wish the Conservative Party would recognize that as well.

Do they not realize there is a sense of “responsibility” for opposition members as well. Providing endless filibusters and trying to prevent every piece of legislation from passing is the goal of the Conservative. Just last week, and I referenced it this morning, the Conservative leader made a strong statement, and it made the news. It was on Newswatch in fact, not to mention other news agencies. The Leader of the Conservative Party said that he was going to speak and speak and speak, and he might have said “speak” a few more times, to filibuster our budget implementation bill. Let us think about all the things in that the budget implementation bill, and there is not enough time to elaborate on that. That was his intention. He was going to speak until we changed it, and four hours later it passed.

We have these mechanisms to ensure that at least, even with the destructive force of the Conservative Party, we can still get things done for Canadians.

Let us fast forward things here. The Conservatives did not want to debate the child care bill this morning. Instead, they wanted to talk about an issue that now brings us to Bill C-27—

Canada Early Learning and Child Care Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, what a pleasure it is to rise and talk about substantive legislation that would have a profound impact, not only for today but also for future generations.

I think we would have to go back quite a way to find a government that has been so progressive in providing advancements in a wide spectrum of areas to support Canadians. I often hear, whether from the Prime Minister or one my colleagues, that the issue for us is that we want to see an economy that actually works for all Canadians. We often talk about Canada's middle class and those aspiring to be part of it, and how we could develop policies and initiatives, and take the budgetary measures to advance that. That is what Canadians expect.

Through the last number of years, we have heard the Conservatives focusing on other things, outside of what is important to Canadians. Today is a good example. We see a government that is listening to what Canadians are saying and delivering on that in a very tangible way. For example, an hour or so ago, we were talking about Bill C-22. It is historic legislation. For the very first time, we are saying that Canadians with disabilities need to have support that would ensure that there would be fewer people with disabilities living in poverty. This would be as a direct result of Bill C-22, a wonderful, progressive piece of legislation.

Now, we are talking about Bill C-35. In many ways, Bill C-35 would have such a positive impact, no matter where, what region, in Canada one looks at. Getting these agreements is not necessarily an easy task. The current minister has reached out and contacted provincial and territorial stakeholders, not to mention, as she made reference to in response to a question, numerous advocates. In a very humble but accurate way, the minister acknowledged the input of those advocates who have been working, trying for years to put in place what Bill C-35 would do.

In some of those years, we have experienced a great deal of frustration. I have talked about the Conservative hidden agenda. Let me tell the House why there is a Conservative hidden agenda and why Bill C-35 is so critically important. Members across the way might recall the Stephen Harper days.

I would not say “hear, hear” to that.

With respect to child care, the first action former prime minister Harper took was to get rid of child care agreements, 15 years or so ago.

I want members to imagine, if they will, what would have happened had Stephen Harper and the Conservative government at the time recognized the real value of what Paul Martin, Ken Dryden and the Liberal government had put into place. It was a substantial, extensive program. I know that Ken Dryden, in particular, put so much effort into it in terms of working with some of the advocates the current minister has no doubt had to deal with. That plan was put into place, approved and signed off, and provinces were onside. Then the Conservative government, led by Stephen Harper, cancelled it outright, on day one. What was the cost of that policy decision?

A couple of years ago, after we made many other initiatives that have been really important to Canadians, we took the bold step to bring this thing back in a very real and tangible way. Once again, we have a national minister recognizing that there is a role for the federal government to ensure that we have child care from coast to coast to coast.

All one really needs to do is to take a look at what is happening in the province of Quebec. Quebec has had this model for many years, and we see the benefits to Quebec society as a direct result in terms of things that have been achieved, whether it is women engaging in the workforce far more than in any other jurisdiction, from what I understand, in North America, to providing an improved, quality standard of child care to ensuring that there are more equal opportunities, not to mention how the economy benefited by it.

We understood this many years ago, and now we are forwarding it. However, it is because of the goodwill and support from Canadians from coast to coast to coast that we were able to work it out with the many different stakeholders, in particular, the provinces and territories. I believe Ontario was the last one to sign on board back in March 2022. By Doug Ford's signature, we had a true, national, coast to coast, child care program, and that is something we should all be very proud of.

As a Liberal caucus and as a team, we understood the benefits of the program, and it is an issue we promoted. In fact, as my colleagues will recall, we only need to take a look at the last federal election. We had 337, 338 candidates going door to door talking about the importance of child care, and that if we were re-elected into government, we would materialize a child care program.

The Conservatives, on the other hand, said that they would tear it up, that they did not believe in what we were doing. So, when a Conservative member stands up and says “Well, we're voting for the legislation”, I encourage members to read some of the speeches that were given by Conservatives. Look at what they did on the first run. This is why we need the legislation. We do not want a potential Conservative cabinet 15 years from now making the decision to get rid of the program. We want this program to be there for future generations, because by making that sort of commitment, we know that society here in Canada will benefit greatly.

We cannot trust the Conservative Party, quite frankly. It has demonstrated that time and time again when its members talk about progressive policies for the betterment of Canadians, and I do not say that lightly. I actually sat in the chamber and listened to many of the Conservative MPs speak on this legislation, and I could not tell how they were going to vote. I think someone put their finger up in the air and felt the political wind and thought, “Oh, jeez, it might be tough for us to vote against this, so let's support it.”

Some might use the word “delusional”, but I would suggest, after 30 years of being in Parliament and watching the Conservatives at play, that it is more of a reality issue. I would suggest to members that the Conservatives actually recognize the true value of this program. They should be bold and go against their own leadership if need be and make some of the statements that are really important in recognizing the value of this program. They will say that, yes, they want to give more child care dollars to a certain degree, but they are not talking about the same sort of child care program that we are talking about.

What does this program do? It provides $10-a-day day care, which is life-changing. It is going to enable so many people the opportunity to afford, for the first time, child care services and the educational program that goes along with it.

I was really encouraged, and I think it was back in September, when the Prime Minister came to Winnipeg North and we went to Stanley Knowles School and visited the child care facility. We could see relief in the faces of the individuals who are recipients of what we are talking about today. It was relief, joy or just appreciation that there is finally a government trying to do the things that are important to citizens.

Winnipeg North is not the only riding the Prime Minister has visited. As he has gone through the country, he has attended town halls in other constituencies and has spoken to parents and been there with the children. I always enjoy the playful attitude the Prime Minister has toward the children of Canada because it is so genuine.

We have a Prime Minister who is committed not only to providing $10-a-day day care but who understands the needs of our young people. He is there to talk, answer questions and listen. As a result, whether it is him, the Minister of Families or my caucus colleagues, they take a look at the issues that come up in our constituencies and bring those issues to Ottawa so we can develop the budgets and the legislation necessary and that is going to make a difference in the lives of Canadians.

What are the issues today we often hear about? Inflation has to be one of them. I feel a great deal of empathy and sympathy for what Canadians need to overcome as a direct result of inflation, even though Canada is doing quite well on inflation compared to the U.S. and many of the European countries, our allied countries, and so many others. This is not to mention other economic indicators. It does not take away from the fact that as a government we still need to do what we can to help Canadians at a time of need.

With this program, we are talking about hundreds if not thousands of dollars every year that are going to be left in the pockets and purses of Canadians from coast to coast to coast as a direct result. That is action. That is going to make a difference in a very real and tangible way.

On other actions to support our children, remember the dental program. The Conservatives actually voted against this particular program. As we implemented the dental program, the first thing on the agenda was children under the age of 12. We do not want to recognize, by their smile, a child who is not able to get the dental work they require. Far too often children are going to hospitals to get dental work because their mom, dad or guardian do not have the financial resources, for some reason or another, to bring that child to a dentist.

Again, through this program, we are seeing literally dollars going into the pockets of families to assist children in being able to get the type of dental services that are necessary.

I started off by talking about national programs. I talked about the historic program of disabilities. Then I talked about children. Now I am making reference to dental work. I would challenge any member of this House to demonstrate any government before this government that has developed and put into place programs to support Canadians. It has been a wide spectrum of programs and I want to spend just a bit of time to emphasize that. It clearly shows why Bill C-35 is a part of a larger plan that is very comprehensive and shows Canadians that, whether it is a legislative measure or a budgetary measure, this is a government that has the backs of Canadians in a very real and tangible way. We have a government that has now negotiated, for example, an incredible $200-billion plan to ensure that future generations of Canadians are going to have a health care system that is based on the Canada Health Act.

We have a government that, within the first couple of years, understood the importance of retirement and worked with all the provinces, as it has done with the three programs I have just mentioned, and had CPP addressed, which is something that Stephen Harper completely ignored and said that he would not do. Before he was the leader of the Conservative Party, he advocated getting rid of the CPP. We as a government worked with the different provinces and stakeholders, including small business and labour groups and were able to get the agreement on CPP.

I say this because, like Bill C-35, these are initiatives that really make a difference in the lives of Canadians. That is why I am encouraging members opposite to change their attitudes toward the way in which government spends its money. Let me give a specific example by using Bill C-35.

The Conservatives have this mindset: If they spend a dollar, it is a bad thing if it is government dollars. It is cut, cut, cut. One day, I even had one of the members suggest that we could always cut money from military defence. I can say that when the government invests in programs, more often than not we get a pretty decent return. For example, yes, the child care program is going to cost a lot of money; there is no doubt about it. However, if we recognize the value of that investment and start acknowledging some of the benefits, we quickly find out that it is not costing as much as one might think.

For example, specifically as a direct result of Bill C-35 and the budgetary measures by this government, there is no doubt that we will see an increase in the workforce. We are going to see more, in particular, women participating in the economy. As a direct result of that, when more women are participating in the economy, more taxes are generated. When members say that there is a cost for child care, there is a cost benefit that also needs to be factored in. That is not to mention the other benefits that I have already cited: to the community, to the family unit and to the child receiving that quality child care.

In conclusion, I would encourage members to realize the benefits of not only saying they are voting for this particular legislation, but I am going to be looking to see the Facebook and social media commentaries coming from the Conservative Party, saying how wonderful this program is, and be—

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I rise on a point of order. Earlier the member for Kelowna—Lake Country got up on a point of order with respect to the proceedings on Bill C-22 and said she was dismayed that the Green Party was excluded from having a speaking spot.

I think there has been some confusion over a long-standing opposition by the Conservatives to including Green Party members in UC motions to provide for extra speaking spots. If that has changed, I would ask that a Conservative rise in his or her place to affirm that change so that we can include Green Party members going forward.

Canada Disability Benefit Act

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

Madam Speaker, we are here today debating the Canada disability framework bill because of the incredible work done by the disability community, individuals, advocates and allies who have worked tirelessly to express to all members of this House the urgent need to improve the lives of persons with disabilities living in poverty in this country.

Their work has been difficult and powerful, and it is not finished yet. As we speak, disability organizations and advocates are gathered in New York City, attending the 16th session of the Convention on the Rights of Persons with Disabilities, still fighting for equality and human rights for persons with disabilities in Canada and across the globe.

This is the work they should not have to do. Persons with disabilities should not have to face discrimination and should not have to navigate the many barriers that are currently in place. It is our work here in this place to remove these obstacles. That is what the NDP will continue to do, as we have always done.

My colleagues and I are disappointed that the Canada disability framework does not yet meet the requirement of upholding human rights and does not ensure every Canadian with a disability is protected from poverty.

That is why the NDP will hold the government to account, to work collaboratively with the disability community, to meet its expectations and to create regulations in Bill C-22 that will put an end to disability poverty.

Bill C-22 initially came to the House incomplete and clumsy. New Democrats worked to improve it, proposing an assurance of an adequate income that conforms to article 28 from the CRPD, which states:

... the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing...

The Liberals should have accepted that and yet, in committee, they would not even allow for the debate, and the Conservatives abstained from having a vote on that debate and from standing up for human rights based on that amendment, abstained from even considering it.

Fortunately, even without that opportunity to debate the need for adequacy, the NDP was able to include adequacy in regulations. That adequacy has been enhanced with an amendment from the other place, which I appreciate.

Making adequacy even stronger but not absolute in stature is better than not having adequacy at all.

It will now be left up to the minister, and order in council, to honour the intent of adequacy and to honour the trust extended by the community, and the House, and build a benefit amount with a foundation based on human rights and adequacy, and to protect from clawbacks of any kind, including public insurance companies and in the negotiations with provinces and territories.

We all know that provinces already offer unequal benefits and some claw back funds from those living with a disability. In Alberta and Nova Scotia, for example, a person can only make around $10,000 annually before they experience clawbacks of their benefits. The provinces and territories do not have benefits that match the financial requirements to live in Canada.

The government must work to ensure that wherever one lives in Canada, one’s location does not indicate the quality of life one has access to. New Democrats have stated that this benefit must be an amount that will actually lift people out of poverty.

We know that Bill C-22 is urgently needed and it has been delayed for far too long, over and over again by the government. The community has been forced to wait and wait, and that delay by the Liberals has created a rush to the finish line. I have received hundreds of emails and phone calls asking for the government to get this bill passed and those voices can no longer wait.

The New Democrats will not ignore these Canadians. We will advance this bill while still holding the government to account, like we always do. The fight continues and the government must do the work to ensure that it meets the expectations of the disability community.

New Democrats will hold the government accountable for working with the provinces and territories to ensure that private insurance companies are not the beneficiaries of funding meant to go directly to people with disabilities living in poverty.

With the implementation, this benefit must do its work and not enhance the pocketbooks of corporate Canada. This Liberal government must not leave people behind again.

In addition, it is time for this government to acknowledge that an immediate interim support is needed. As the bill progresses into 2024, Canadians living with a disability in poverty cannot make ends meet. The reality is that, right now, poverty continues to be forced on them, and they must choose between paying their rent or buying groceries. One more year of waiting or more is not acceptable. The government must provide, in good faith, financial relief now for these Canadians who are suffering as they wait for this benefit. Financial relief is needed today.

The minister said that the government does not want to work on a disability emergency response fund while working on Bill C-22. However, those living in poverty do not have the luxury of that choice. Today, the NDP asks again for the government to enact an immediate relief payment, or what the community is calling “DERB”, as the community is asking for it.

The delays in this process with the bill has shown Canadians that the Liberal government is not concerned about upholding the rights and dignity of persons living with a disability. Government members know about the inadequacies of provincial and territorial benefits, yet they sit by and choose not to act on it until they are forced to, unless, of course, they are acting on behalf of corporate Canada. The NDP has seen this government support legislation that put millions of dollars into greedy CEOs' pockets instantly while it drags its feet on investing in pharmacare, accessible housing, employment insurance reform and the protection of indigenous women, girls and two-spirit people.

Almost a million people in Canada with a disability live in poverty because of the discriminatory practices and ableist government policies that exclude them. This is unacceptable. The lack of accessible homes, inaccessible infrastructure and limited inclusion in the workplace creates barriers that have resulted in poverty; legislated poverty that past and present Conservative and Liberal governments have perpetuated.

Bill C-22 is a welcomed step forward to provide Canadians living with a disability new supports. I appreciate that. However, this new benefit must be adequate and accessible in 2024.

I will wrap up by acknowledging the toll that this process has taken on those in the disability community and all the hard work they have done to get us to this point. Their work has brought results, and I look forward to the co-creation to now begin. They can rest tonight on their win and know that the New Democrats will continue to fight alongside them again tomorrow.

[Louise Chabot, Bloc, Thérèse-De Blainville, QC]

Madam Speaker, it is a pleasure for me to rise this evening to discuss Bill C‑22, which will be implemented. We should collectively congratulate ourselves for the work that has been done.

Of course, we could look back and talk about the pitfalls that we ran into in coming up with this bill, but I think that all the parties here in the House of Commons have always supported the many disability organizations and advocacy groups that have come out time and time again to express their desire to see this Canada disability benefit become a reality. We do not consider these people to be different. As one of my colleagues and friends would say, they are unique. I believe that the basic purpose of this bill is to lift these people out of poverty.

I would like to take this opportunity to salute the many organizations in my riding that are dedicated to this cause and that support and stand by people with disabilities. In particular, I would like to take this opportunity to salute the Mouvement Personne d'Abord de Sainte‑Thérèse, which advocates for people living with an intellectual disability. This year, it is celebrating 25 years of defending and promoting the rights of these individuals.

I also want to acknowledge the many witnesses who met with us at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities during the study of this bill. I especially want to thank Disability Without Poverty, the Confédération des organismes de personnes handicapées du Québec, the Fédération des Mouvements Personne d'Abord du Québec, the Québec Intellectual Disability Society, and all the others.

There is one thing we all agree on and must make sure of: Although this has always been the stated intention and objective of the government, this new disability benefit needs to be a supplement to and not a replacement of the support that currently exists for these people in Quebec and in the provinces. We will have to be especially vigilant.

That will be a major challenge because we know that, in both Quebec and the other provinces, the programs are not necessarily standardized. As part of our work, we have focused on the objective and guarantee of ensuring that they are complementary. As we know, a higher proportion of people with disabilities live in poverty than the general population. The pandemic has once again provided a powerful illustration of that reality. We know that the current economic climate is making it harder for people with disabilities to meet their basic needs, such as food, housing and clothing. Those are basic needs.

It is very difficult for people to break out of this cycle of poverty when they do not have access to sufficient income to begin with. We want people with disabilities to be able to participate fully in life and society. They are already doing so, but we want to give them every possible means to ensure that their inclusion and participation are as active as possible. That is why the benefit must provide a minimum of resources or a decent amount of income. It is about ensuring that these people's incomes are above the poverty line and that they can live decently and with dignity.

As has already been said, there was also a consensus that the groups representing these individuals should be able to actively participate in the process, so that the process is done “by and for” persons with disabilities. That is why the consultations will be so important, and as soon as the bill is in force, I hope we will be able to get this major regulatory work under way as quickly as possible.

Quebec recently developed its basic income program, which is aimed specifically at people with severe employment restrictions and has been in effect since January 1, 2023. I think it is a good model to follow. All this to say that, if we want to implement a Canadian benefit similar to the guaranteed income supplement, we have to make sure that it complements what already exists and that it will not take anything away from the flagship social programs that are already in place in certain provinces for these individuals.

We all want this bill to pass as quickly as possible. Several amendments were proposed in committee to establish when this new benefit will be available and to set a deadline so that it does not take months and years to become a reality. We know that it will take a tremendous amount of work because agreements must be reached with the provinces and territories, which, as I mentioned, do not have the same social programs. Regulations will have to be created to cover a long list of elements.

We have some reservations about this bill. The amendment we wanted to move in committee concerned the regulatory work. We wanted to know the amount of the benefit, the eligibility criteria and the terms of payment. All of that is like a blank page because parliamentarians have no control over these terms as they will be established by regulation. We know that regulations can be rescinded at any time. If the bill had provided parliamentarians with some oversight of these terms, I believe that this would have provided more guarantees about what we want to achieve.

Unfortunately, these amendments were rejected. The amount of money going to people with disabilities will be significant, or at least that is our hope. It is quite unprecedented that such an amount cannot be approved by Parliament and is not formally enshrined in law, but rather set by regulation.

We also agree with the government's response to the Senate amendments. We had the same misgivings, particularly about the amendment concerning clawbacks for private contracts or insurance.

I even had the opportunity to speak with a few individuals. If there is one thing that people with a disability do not need, it is a constitutional debate over provincial jurisdiction. As far as private contracting and insurance plans are concerned, I think that we would only be delaying things if we had to have a legal debate about whether or not these individuals are entitled to the benefits in question. These are issues that warrant careful study. In our opinion, the response that was respectfully given to the senators who worked on this bill was more than adequate, and we are open to the other amendments.

What can we collectively hope for, not just for ourselves, but for all people with disabilities? When we look at all the organizations and individuals that make up our society, when we look at the status of women, indigenous or racialized people, we see that there are still other factors of discrimination that negatively affect them.

We can only hope that the government will be thorough and that members will exercise oversight to ensure that this bill will meet the objective of those—

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

Madam Speaker, I am glad to stand in the House to speak to Bill C-22 today. It is always an honour to represent my community of Kelowna—Lake Country.

I know that our Conservative members are all committed to increasing support for Canadians living with a disability. More than one in five Canadians lives with a disability. It is not an insignificant number. In fact, it is not a number at all; these are people. These are family members, friends, brothers, sisters and parents. Canadians living with disabilities can have additional financial burdens with assistance, supplies or equipment that they may require. Canadians living with disabilities are underemployed, as approximately 59% of working-age adults with disabilities are employed, compared to around 80% of those without disabilities, according to Statistics Canada.

Navigating life with a disability can be a full-time job for many, with no time out and no break. While the intention to support those with disabilities remains, there are many unknowns with Bill C-22, which we are discussing today. This is because the most important details of this bill, such as eligibility, what “working age” means as mentioned in the bill, what the payment amounts will be, what the application process will be, and provincial and territorial co-operation and interaction with other benefits are all being left to be determined through regulation. These would all be determined behind closed doors, with no ability to come back to parliamentarians for debate or amendments, and no opportunity to hear from witnesses at committee in a public venue. Essentially, we have a bill with a benefit and process that are yet to be determined. Canadians living with disabilities deserve legislation that is committed to them through concrete action, not promises.

This legislation had extensive testimony at the human resources committee, including many written submissions. I will mention just one witness who testified at committee: Michelle Hewitt, chair of the board of directors for Disability Without Poverty, who is also a constituent of mine in Kelowna—Lake Country. I first met Michelle many years ago in my community, and she has been a strong advocate in many ways for persons with disabilities. I will read a couple of comments she made on record during her witness testimony at committee. She said, “Disabled people do not live in poverty because they are worthless to society. It is quite the opposite; it is because their worth is not valued. In fact, people with disabilities contribute over $47 billion to the Canadian economy.” She also stated:

We talk about lifting disabled people out of poverty, but what does that really mean? Canada's official poverty lines use the market basket measure, which fails to take disability into account.

We hear the stories of disabled people living in poverty on a daily basis, as they are our friends and family. We can tell you about the man who approached Rabia in the parking lot of a grocery store offering to swap bus tickets for food, or my friend who lives month to month with MAID approved, wondering if this month will be her last because she can't afford to live.

...Time is of the essence. Food inflation is at 11.6%, yet provincial disability payments are not index-linked. This means that in real terms, disabled people fall further behind every day.

This is why this benefit would most effectively be delivered if details were co-created with persons with disabilities. This is why Conservatives supported amendments at the human resources committee, which passed, to provide more certainty on this benefit, including indexing the benefit to inflation, ensuring the Canada disability benefit payment amount would stay proportionate to the cost of living. We also support the Senate amendments the government has brought forth.

The creation of the Canada disability benefit should consider the complex web of programs currently in place, which, for many Canadians with disabilities, including those with episodic disabilities, can result in benefit cuts and higher taxes as a consequence of taking on work. There are families that rely solely on benefits due to the nature of the disability, and people are living in poverty.

I want to be clear that I am concerned about the potential clawbacks that could affect people. These could be with interactions with provincial or territorial benefits, with interaction of benefits through insurance, or with interactions with federal benefits. While the minister has stated that potential clawback of provincial supports is a red line when negotiating the creation of the benefit with provinces, she has not been able to point to any specifics in the legislation or guarantee that this will not happen. Conservatives proposed an amendment to Bill C-22 at the human resources committee to prevent clawbacks at the federal level. This was written by the legal department of the House of Commons. Disappointingly, the Liberals voted against it and it did not get into the legislation.

There was an amendment put forth by the Senate to address clawbacks dealing with insurance, based on witness testimony at the Senate. I spoke to a constitutional lawyer about this, who pointed out that there are strong constitutional arguments in favour of this Senate amendment and that it was endorsed by all provincial trial lawyers associations in Canada. However, the Liberal government has not accepted that amendment.

I want to be very clear, on the record, that Conservatives are concerned with any form of clawbacks, and that this disability benefit act does not have anything in the legislation to give assurances to address this. We will be watching very closely over the next couple of years, once the regulations are developed and this benefit is all implemented and it plays out. Conservatives will be holding the Liberal government to account on this.

This is all at a time when the cost of rent has doubled and mortgages have doubled. Inflation has hit a 40-year high, and interest rates increased nine times in the past year. Liberal inflationary deficit spending led to high inflation, which led to high interest rates, which will lead to mortgage defaults. This is very concerning, and those with disabilities are among the hardest hit.

I want to comment on and clarify the parliamentary process and timelines the Liberal government went through with this legislation. The Liberals say that persons with disabilities are a priority; however, it took them six years to take action on this disability benefit. They finally introduced Bill C-35 in 2021, in the previous Parliament, and the Liberals then called an unnecessary election in the summer of 2021, which collapsed the legislation.

The minister said she was consulting with the disability community. However, she introduced the exact same legislation in 2022. It was a goal of mine, and of my colleagues in the Conservative official opposition, to ensure that Bill C-22 progressed through the committee process diligently and through adding needed amendments, though there are others we wished were agreed to. We managed to get the bill through the committee process quickly and passed in the House of Commons before Parliament rose at the end of 2022. On May 18, the Senate returned the bill to the House of Commons with amendments, and on May 30, at the human resources committee, the minister would not commit to a timeline on which the government would return Bill C-22 to the House of Commons. We have been waiting for weeks.

I and other Conservative colleagues were hearing from persons with disabilities that Liberal MPs were telling them that Conservatives have delayed this legislation. I want to be very clear that those comments are a fabrication and a falsehood. I would just tell people to look at the facts, the actions at committee and the parliamentary process the Liberal government has followed in bringing this forward. This debate could have been held weeks earlier than today if the Liberals had brought it forward.

As I mentioned earlier, the level of disability poverty in Canada remains a prominent issue, and we have a responsibility to do better. The Conservative members of Parliament are committed to supporting Canadians living with disabilities, and not penalizing people and families. Therefore, I can say that we are all in agreement that the Canada disability benefit must be passed, and we encourage the government to immediately get to work consulting with the disability community, as the minister has said that the regulations will, in fact, take a year to develop. We heard that today in response to my questions for the minister.

With that being said, our Conservative caucus will remain vigilant in ensuring that the government fulfills its promises to the disability community.

[Mike Morrice, Green, Kitchener Centre, ON]

Madam Speaker, while I am encouraged that the minister was so deeply involved in ensuring that Bill C-22 was going to move through the House this evening, I am deeply disappointed that the Senate amendment that would have ensured that people with disabilities do not have their benefits clawed back from the insurance industry was not supported. This is essentially going to increase the profits of private insurance companies.

Why is the minister not willing to stand up and ensure that this amendment that the Senate carefully worked through is included?

The House resumed consideration of the motion in relation to the amendments made by the Senate to 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.

[Carla Qualtrough, Liberal, Minister of Employment]

moved:

That a message be sent to the Senate to acquaint Their Honours that, in relation to 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, the House:

agrees with amendments 1, 4 and 5 made by the Senate;

agrees with the Senate proposal to make any necessary consequential changes to the numbering of provisions and cross-references resulting from the amendments to the bill;

respectfully disagrees with amendment 2 because it raises significant constitutional concerns by seeking to regulate the insurance industry specifically or contracting generally, both of which fall within provincial jurisdiction;

proposes that amendment 3 be amended to read as follows:

“New clause 10.1, page 4: Add the following after line 5:

“Appeals

10.1 Subject to regulations, a person, or any other person acting on their behalf, may appeal to a body identified in regulations made under paragraph 11(1)(i) in respect of any decision

(a) relating to the person’s ineligibility for a Canada disability benefit;

(b) relating to the amount of a Canada disability benefit that the person has received or will receive; or

(c) prescribed by the regulations.””.

Mr. Speaker, I rise today to discuss the government's position on the proposed Senate amendments to 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. I do so on the traditional unceded territory of the Algonquin Anishinabe peoples.

I will begin by thanking senators for their attention to this bill, especially the members of the Senate Standing Committee on Social Affairs, Science and Technology for their study, which resulted in six amendments to the bill and seven observations.

Each time I have risen in the House on Bill C-22, I have begun by declaring that no person with a disability in this country should live in poverty, yet many do. Approximately 23% of working-age persons with disabilities in Canada live in poverty, and many are in deep poverty. The history of how this came to be in a country with as much promise and opportunity as Canada is one of exclusion, marginalization and discrimination. This history, and the resulting financial insecurity and poverty, which is a lived experience of many persons with disabilities in Canada, is the backdrop for Bill C-22, and it is why we are here today working together to create a new federal benefit for low-income, working-aged persons with disabilities. At its core, the Canada disability benefit is about poverty reduction and financial security.

There is a significant gap in our social safety net for persons with disabilities. The Canada child benefit disability supplement is available until age 18 and old age security and the guaranteed income supplement are available after age 65, but there is nothing in between. However, just as the guaranteed income supplement did for seniors and the Canada child benefit did for children, the Canada disability benefit would lift persons with disabilities out of poverty.

Bill C-22 is framework legislation by design. The Canada disability benefit would be established and implemented through Bill C-22, which is a legal framework to create the benefit and a subsequent regulatory process through which the specific details will be established. This reflects our commitment to the disability community and recognizes the leading role that provinces and territories play in providing supports and services to persons with disabilities.

Now I will move on to the amendments.

There were six amendments sent back from the Senate. As was said, the government agrees with amendments 1,4, 5 and 6, and proposes that the House accepts these amendments as is. These amendments enhance Bill C-22 in that they add clarity, precision and specificity. We also agree with amendment 3 with a minor amendment.

Amendment 3 would add a new clause, clause 10.1, related to appeals. While Bill C-22 provides for an appeal process to be created by regulation, this new clause gives a right to appeal in two specific areas: benefit ineligibility and amount. The government proposes that this Senate amendment be further amended to clarify that other decisions may also be appealed. This would avoid a future legal interpretation where grounds for appeal are restricted to the two specified areas of ineligibility and amount. I thank the Senate for its thoughtfulness on this important issue of administrative justice and trust that it will consider the government's proposed amendment appropriate.

Now, I will spend some time on the final amendment, Senate amendment 2, as the government's proposed response to it is to respectfully disagree.

Amendment 2 would amend clause 9 of Bill C-22, which concerns the way benefit payments are to be treated in situations such as bankruptcy or insolvency. Amendment 2 would add that benefit payments “cannot be recovered or retained, in whole or in part, under the terms of any contract, insurance plan or similar instrument”.

I understand that the intent of this amendment is to address the situation where provincial benefits or insurance payments are at risk of being clawed back or reduced as a result of a payment of the Canada disability benefit, effectively leaving the recipient no better off and potentially impacting secondary program and service entitlements. The issue of clawbacks is perhaps the most common concern raised by the disability community. We heard it here in the House as well.

The disability benefit and support landscape is incredibly complex, and varies significantly across the country. There are different eligibility criteria in every province and territory, different definitions of disability, different treatments of other sources of income, different reduction rates, etc. As a result, we have to be mindful of the potential direct and indirect impacts that additional income in the form of the CDB could have on provincial or territorial benefit and service entitlements.

Since day one, we have been clear that this is supplemental income, meant to be in addition to provincial and territorial income supports and other forms of income. It is not replacement income. It is not employment income or employment earnings.

We explored ways to address these concerns through legislation. The challenge is that both contracting generally and the insurance industry fall within provincial and territorial jurisdiction. This is why no such provision exists in any other benefit legislation in Canada, not for the Canada child benefit, OAS or GIS, CPP, or the Canada workers benefit.

While the federal spending authority allows the government to create such a benefit, it does not allow the federal government to attach conditions in areas of provincial jurisdiction, such as the regulation of insurance companies. Knowing this, we have worked very closely with provinces and territories on benefit interaction.

Provinces and territories have expressed gratitude for early engagement. There is consensus that the CDB is intended to be supplemental income, not replacement income, and make people better off. They share our view that the best way of optimizing benefit interaction is by working together. We have a detailed federal-provincial-territorial work plan that all jurisdictions have agreed to. Once this bill becomes law, we will begin the formal negotiations on agreements with the provinces and territories.

We have also engaged with the private insurance industry. The feedback we have received from the industry is that they would not choose to offset or claw back income that is considered social assistance or a poverty reduction measure. Once again, the CDB is not replacement or employment income. Once this bill becomes law, we will continue to work with private insurers throughout the regulatory process.

Simply put, the government disagrees with this amendment because we believe it raises significant constitutional concerns. Both the regulation of private insurance and contracting generally fall within provincial jurisdiction. If we went ahead with this amendment, the likelihood of an individual or organization bringing forward a court challenge would be very high. This would create significant uncertainty and could impact the regulatory process, which could in turn impact benefit delivery. This could very well delay benefit payments.

Furthermore, I am concerned that there would be serious implications for federal-provincial-territorial relations. It is likely that the provinces and territories would see this provision as an encroachment on their jurisdiction. This could undermine the work that we have accomplished to date. Therefore, while I understand and share the Senate's concerns around clawbacks, the way to address this issue is to continue with the process that is already under way, not through this amendment to Bill C-22.

The Senate amendments we are proposing to accept further strengthen Bill C-22 and do not limit the government's commitment to a quick, regulatory process. The amendment we are proposing to not accept, respectfully, raises constitutional concerns and could significantly impair our relationships with provinces and territories, and ultimately delay benefit delivery.

I thank the senators for responding to the disability community's concerns. Both the House and the Senate have improved this bill.

The Canada disability benefit is the result of decades of relentless advocacy on the part of the disability community. This benefit is the culmination of the work of every self-advocate, every activist, every parent, every ally, every organization, everyone who has fought to have disability rights recognized.

I said at the beginning of my remarks that we are here, working together, on this. We have come together on this bill already, and today we did it again. We are on the cusp of doing what every single one of us in this place came to Ottawa to do, which is to help people, make their lives better and right historic wrongs. Today, we are literally making history.

Persons with Disabilities

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

Mr. Speaker, the passing of Bill C-22 will be a major milestone in our strong and unwavering commitment toward creating a barrier-free Canada.

I assure the member for Kitchener Centre that we share his sense of urgency in seeing Bill C-22 passed into law. We are doing everything we possibly can to ensure Bill C-22 is passed before the summer recess. We are working with all parties to get it done.

Again, I thank the member for his question and his advocacy.

[Irek Kusmierczyk, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, I thank the member for Kitchener Centre for his continued advocacy on behalf of Canadians with disabilities.

All of us are working hard and working together to make sure we restore the pride the member had mentioned, and restore financial security for Canadians with disabilities.

I would like to especially acknowledge the work and advocacy of the hon. Minister of Employment, Workforce Development and Disability Inclusion. The minister has been working tirelessly throughout her career to promote the rights of persons with disabilities.

I assure my colleague that we share his sense of urgency in seeing Bill C-22 passed into law. We are doing everything we can to ensure it is passed before the summer recess. We are working with all parties to get it done.

The passage of Bill C-22 will be a major milestone in our strong and unwavering commitment toward creating a barrier-free Canada. That work began in 2015, with the appointment of Canada's first-ever minister responsible for persons with disabilities.

In 2016, Canada became the 20th country to sign the Marrakesh Treaty, and did so with the support of all provinces and territories.

In 2018, Canada acceded to the Optional Protocol to the Convention on the Rights of Persons with Disabilities.

In 2022, Dr. Laverne Jacobs was elected to the UN Committee on the Rights of Persons with Disabilities. It was the first time that a Canadian has held a seat at this important international table.

In 2019, the Accessible Canada Act came into force. The passing of this landmark legislation has undoubtedly been one of the most significant achievements for disability rights in the history of our country. The act has been the foundation for National Accessibility Week and for the establishment of Accessibility Standards Canada.

In October 2022, we released Canada's first-ever disability inclusion action plan. The action plan has four pillars: employment, accessible and inclusive communities, a modern approach to disability and financial security.

Throughout all of our consultations we kept hearing the same thing, that financial security is by far the most urgent priority for persons with disabilities. It is through the pillar of financial security that we will create the historic Canada disability benefit to help significantly reduce poverty and improve financial security for hundreds of thousands of persons with disabilities. That is why we need to get this legislation passed quickly.

I would once again like to thank the member opposite for his question, his continued advocacy and his teamwork.

[Mike Morrice, Green, Kitchener Centre, ON]

Mr. Speaker, I am back to continue following up on advocacy for the Canada disability benefit in the early morning hours as it comes back up for debate.

I would like to start by reading an email from a constituent with a disability that I received earlier this evening:

I was once extremely proud of being a Canadian, but that pride has been crushed under the boot of poverty. It has been absolutely demolished by the Liberal Party and years of suffering. We do not want platitudes, we don't want condescension, we don't want empty promises or assurances that we “just have to be patient”. People have died. People are dying, and still they don't show any care in the world for our wellbeing.

For my part, I will reiterate what I have said in this House before. It is that if the governing party were serious, it would have done what it did with child care when it was serious. It put funding forward first, then agreements with provinces and territories, and then came legislation.

Of course, with the Canada disability benefit and people with disabilities, it was the opposite.

All that being said, this is still a milestone we are at today. Bill C-22, the Canada disability benefit bill, will finally be back up for debate, having come back from the Senate, and it is my hope that parties will agree to support unanimous consent for it to move forward more quickly.

We are going to need to continue to push, though, first of all for the amendments from the Senate to be supported, including one that would prioritize people with disabilities ahead of the insurance industry. The government's response should be public shortly after I finish this speech.

We need to continue to push for strong regulations once Bill C-22 passes into law, hopefully within a matter of days. It would make most of the decisions about the benefit. We are going to have to continue to push for the government to budget the benefit, which it has yet to do.

With my remaining time tonight, I just want to thank the people and organizations that got us to this point. Any progress made on the Canada disability benefit is because of them.

First are the federal organizations: Disability Without Poverty, with people like Rabia Khedr, Michelle Hewitt, Clare Li, Sabrina Latif, Al Etmanski and the rest of their team; the March of Dimes, with Amanda, Victoria and their team; Inclusion Canada, with Jeff Ferguson and the rest of the team; the MS Society, with its strong advocacy from Julie Kelndorfer and others; StopGap Ottawa with Kenzie McCurdy; Citizens for Public Justice, with Natalie Appleyard; Accessibility for Ontarians with Disabilities Act Alliance, with David Lepofsky; Leadnow, with Ellen Trottier, Jesse Whattam and Shanaaz Gokool; Spinal Cord Injury Canada, with Bill Adair; Planned Lifetime Advocacy Network, with Rebecca Pauls; Canadian National Institute for the Blind; La Société québécoise de la déficience intellectuelle, with Samuel Ragot; and Michael Prince and Vincent Calderhead. They all pushed, among so many others.

In my community, there is Extend-A-Family, with Al Mills and their team; KW Accessibility, with Edward, Ron and team; Bridges to Belonging, with Donnamarie Dunk; Independent Living Waterloo Region, with Janet, Sheri and others; The Social Development Centre, with Aleksandra Petrovic; and Christian Horizons, with Janet and Dave and team; and people with disabilities in my community and their allies, like Michael K, Alex Y, Mike Ashkewe, Rebecca Munzy, Marina Wahab, Anne Jensen, and Lorna Aberdein.

We are here because of all of you.

[Irek Kusmierczyk, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, in Canada, no person with a disability should live in poverty. That is why we are creating the Canada disability benefit and income supplement, which has the potential to seriously reduce poverty and increase financial security for hundreds of thousands of working-age persons with disabilities.

In February, this House unanimously adopted Bill C-22, and Bill C-22 is now on the calendar for debate tomorrow. We are looking forward to getting this legislation past the finish line.

[Irek Kusmierczyk, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, I thank my colleague for her collaboration and her advocacy on this critically important issue.

In Canada, no person with a disability should live in poverty, period. That is why we are creating the Canada disability benefit, an income supplement with the potential to seriously reduce poverty and improve financial security for hundreds of thousands of working-age persons with disabilities.

In February, the House unanimously adopted Bill C-22. Bill C-22 is now on the calendar for debate in the House on June 14. We are looking forward to getting this legislation past the finish line as quickly as possible.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, inflation is a global phenomenon. It is good that Canada is below the OECD average. It is also below the G7 average, the G20 average, the U.S., the U.K., Spain, Germany and many other countries. Of course, that is not good enough. We have to continue to lead and do everything we can. That is why I am so proud that this House just adopted a budget with critical measures to help Canadians in every corner of this country with affordability, because we are not going to fix the problem of global inflation by slashing support to the most vulnerable.

After passing the budget, this House has important work to do over the next two weeks.

It will start this evening as we resume debate on Bill C-35, on early learning and child care, at report stage. Once that debate is done, we will resume debate on Bill C-33, on railway safety. Tomorrow, we will debate Bill C-41, on humanitarian aid. On Monday at noon, we will begin second reading debate of Bill C-48 concerning bail reform, and then we will go to Bill C-35 at third reading after question period. On Tuesday we will call Bill S-8, on sanctions, at report stage and third reading.

On top of this, priority will be given to Bill C-22, the disability benefit, and Bill C-40 regarding miscarriage of justice reviews, as well as our proposal to implement changes to the Standing Orders, which were tabled earlier today, to render provisions with respect to hybrid Parliament permanent in this House.

Furthermore, I have a unanimous consent motion that I would like to propose in relation to the debate tomorrow.

I move:

That, notwithstanding any standing order, special order or usual practice of the House, in relation to Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts:

(a) the amendment in Clause 1 adopted by the Standing Committee on Justice and Human Rights, which reads as follows:

“(a) by adding after line 26 on page 1 the following:

(4) Subsections (1) and (2) do not apply to a person who carries out any of the acts referred to in those subsections for the sole purpose of carrying out humanitarian assistance activities conducted under the auspices of impartial humanitarian organizations in accordance with international law while using reasonable efforts to minimize any benefit to terrorist groups.

“(b) by deleting lines 15 to 19 on page 2.”

be deemed within the principle of the bill; and

(b) when the bill is taken up at report stage:

(i) it be deemed concurred in, as amended, on division, after which the bill shall be immediately ordered for consideration at the third reading stage,

(ii) not more than one sitting day or five hours of debate, whichever is the shortest, shall be allotted for consideration at the third reading stage,

(iii) five minutes before the expiry of the time provided for government orders that day, at the conclusion of the five hours allocated for the debate, or when no member rises to speak, whichever is earlier, all questions necessary to dispose of the said stage of the bill shall be put forthwith without further debate or amendment, provided that, if a recorded division is requested, it shall be deferred pursuant to order made Thursday, June 23, 2022.