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 .

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.

Canada Disability Benefit 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, 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.

Budget Implementation Act, 2023, No. 1

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, it is a difficult question. For the CERB program to have integrity, there need to be checks at the end of the day to determine eligibility. It is my firm belief that the CRA should be acting with compassion with respect to collection efforts. It is my understanding that it is.

The record of this government, particularly with the onset of Bill C-22, is one where people with disabilities have made and will continue to make better progress than they have under any other government. However, compassion in collection efforts is absolutely critical. I do not think they should be wiped out.

Sitting Resumed

[Claude DeBellefeuille, Bloc, Salaberry—Suroît, QC]

Madam Speaker, I am pleased to rise and speak this evening—although I must say the hour is late, almost 9 p.m.—to join the debate on Bill C‑47.

Before I start, I would like to take a few minutes to voice my heartfelt support for residents of the north shore and Abitibi who have been fighting severe forest fires for several days now. This is a disastrous situation.

I know that the member for Manicouagan and the member for Abitibi—Baie-James—Nunavik—Eeyou are on site. They are there for their constituents and represent them well. They have been visiting emergency shelters and showing their solidarity by being actively involved with their constituents and the authorities. The teamwork has been outstanding. Our hearts go out to the people of the north shore and Abitibi.

Tonight, my colleague from Abitibi-Témiscamingue will rise to speak during the emergency debate on forest fires. He will then travel back home to be with his constituents as well, so he can offer them his full support and be there for them in these difficult times.

Of course, I also offer my condolences to the family grieving the loss of loved ones who drowned during a fishing accident in Portneuf‑sur‑Mer. This is yet another tragedy for north shore residents. My heart goes out to the family, the children's parents and those who perished.

Before talking specifically about Bill C-47, I would like to say how impressive the House's work record is. A small headline in the newspapers caught my eye last week. It said that the opposition was toxic and that nothing was getting done in the House. I found that amusing, because I was thinking that we have been working very hard and many government bills have been passed. I think it is worth listing them very quickly to demonstrate that, when it comes right down to it, if parliamentarians work together and respect all the legislative stages, they succeed in getting important bills passed.

I am only going to mention the government's bills. Since the 44th Parliament began, the two Houses have passed bills C‑2, C‑3, C‑4, C‑5, C‑6, C‑8 and C‑10, as well as Bill C‑11, the online streaming bill. My colleague from Drummond's work on this bill earned the government's praise. We worked hard to pass this bill, which is so important to Quebec and to our broadcasting artists and technicians.

We also passed bills C‑12, C‑14, C‑15, C‑16, C‑19, C‑24, C‑25, C‑28, C‑30, C‑31, C‑32, C‑36 and C‑39, which is the important act on medical assistance in dying, and bills C‑43, C‑44 and C‑46.

We are currently awaiting royal assent for Bill C‑9. Bill C‑22 will soon return to the House as well. This is an important bill on the disability benefit.

We are also examining Bill C‑13, currently in the Senate and soon expected to return to the House. Bill C‑18, on which my colleague from Drummond worked exceedingly hard, is also in the Senate. Lastly, I would mention bills C‑21, C‑29 and C‑45.

I do not know whether my colleagues agree with me, but I think that Parliament has been busy and that the government has gotten many of its bills passed by the House of Commons. Before the Liberals say that the opposition is toxic, they should remember that many of those bills were passed by the majority of members in the House.

I wanted to point that out because I was rather insulted to be told that my behaviour, as a member of the opposition, was toxic and was preventing the work of the House from moving forward. In my opinion, that is completely false. We have the government's record when it comes to getting its bills passed. The government is doing quite well in that regard.

We have now come to Bill C-47. We began this huge debate on the budget implementation bill this morning and will continue to debate it until Wednesday. It is a very large, very long bill that sets out a lot of budgetary measures that will be implemented after the bill is passed.

I have no doubt that, by the end of the sitting on June 23, the House will pass Bill C‑47 in time for the summer break.

What could this bill have included that is not in there? For three years, the Bloc Québécois and several other members in the House have been saying that there is nothing for seniors. I was saying earlier to my assistant that, in my riding of Salaberry—Suroît, we speak at every meeting about the decline in seniors' purchasing power. I am constantly being approached by seniors who tell me—

Persons with Disabilities

[Terry Sheehan, Liberal, Parliamentary Secretary to the Minister of Labour]

Madam Speaker, I would like to thank the hon. member for this important question.

In the spirit of “Nothing Without Us”, we are continuing to move forward with historic investments and actions that will improve the social and economic inclusion of millions of Canadians with disabilities.

In February, Bill C-22, the act to establish the Canada disability benefit, was unanimously adopted by this House. On May 18, Bill C-22 was adopted with amendments in the Senate and has now been sent back to this House for consideration.

This bill remains a top priority for us, and we have every intention of dealing with it as quickly as possible. We are working with all parties to get this important legislation passed.

[Mike Morrice, Green, Kitchener Centre, ON]

Madam Speaker, it has been two weeks now since the Senate strengthened and passed Bill C-22, the Canada disability benefit act, yet the governing party has prioritized six or seven government bills ahead of it. Canadians with disabilities continue to disproportionately live in poverty across the country. They need to see action.

When will the Liberals bring Bill C-22 back to the floor of the House so it can be urgently passed into law?

[Mike Morrice, Green, Kitchener Centre, ON]

It's a minute and a half. Thank you, Chair.

Thank you, Ministers. I was going to ask about Bill C-22. I don't understand why we've had an entire constituency week to study the amendments from the Senate, and we're waiting for them to come back.

My question for Minister O'Regan is on climate. You were talking about sustainable jobs. Newfoundland and Labrador is a wind energy powerhouse. We could be creating thousands of good-paying wind energy jobs. The UN Secretary-General has called new fossil fuel infrastructure “moral and economic madness”.

I'm curious if your position on Bay du Nord has changed in light of the huge potential of wind energy in that province and the ability to be investing in the jobs of tomorrow there.

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

Thank you, Mr. Chair.

Minister Qualtrough, I have a couple of questions for you.

During some of the questioning here today, you mentioned that there are ongoing consultations regarding working on the regulations for Bill C-22. What I'm hearing from a lot of disability advocacy groups is that the consultations aren't taking place at this point because the legislation hasn't passed. I have had some say that they have reached out to your office, wanting to engage, and they are being put on hold until that happens.

Can you speak to that? What is the timeline, and whom you are consulting with?

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

Thank you.

I'll just close out, Minister Qualtrough, on Bill C-22. We are all anxiously waiting for that to come to the House. I know that on the NDP side we're ready to see that come through. We'd like to see it all happen before we rise for the summer.

[Carla Qualtrough, Liberal, Delta, BC]

Thank you for the question.

There's a lot of work to be done, but we've already done a lot.

We have new laws and policies, including the Accessible Canada Act, which establishes a system to create accessibility standards. We've created the new position of chief accessibility officer within the Government of Canada. We also have Canada's disability inclusion action plan, which has four pillars: financial security, employment, accessible and inclusive communities and a modern approach to disability.

We're now focused on making things happen. The pillar of financial security is reflected in the Canada disability benefit, which will change the lives of hundreds of thousands of people by lifting them out of poverty. Of course, we need to pass Bill C‑22 first. That's what we talked about earlier. We'll also have a lot of work to do throughout the regulatory process. We'll continue to work with the disability community and we will get there.

[Soraya Martinez Ferrada, Liberal, Hochelaga, QC]

Thank you, Mr. Minister.

Minister Qualtrough, we have people with disabilities in my family who commend the work this government has done for those with disabilities.

I know that you're not only a dedicated minister, but you've also launched many other initiatives. In addition to Bill C‑22, you have several other initiatives in your portfolio, such as the opportunities fund for persons with disabilities, the ready, willing and able initiative, financial assistance for the visually impaired and print-disabled, and capacity-building measures.

I'd like you to tell us a little more about Bill C‑22, but also about all the other action you're taking to improve the situation for people with disabilities.

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

Thank you, Mr. Chair, and thank you to all the ministers for being here today.

My questions will be for Minister Qualtrough.

Recently, the Senate returned Bill C-22, the Canada disability benefit act, with several amendments. Canadians want to see this legislation come into force quickly.

Minister, are you accepting all of the Senate amendments?