Debates of Feb. 12th, 2003

Armenia

[Bill Casey, Progressive Conservative, Cumberland—Colchester, NS]

Mr. Speaker, on October 24 I asked a question about the disability tax credit. I seem to get an awful lot of inquiries from people who have been turned down for the disability tax credit after having qualified for years and years.

My question quite simply was that the government demands that disabled people in Canada get a doctor's report and is it a doctor who overrules the report when it is overruled? It seems very sensible to me that if a disabled person is required to get a doctor's report, only a doctor should be able to overrule it. That was my question and I did not even come close to getting an answer.

I asked the question after experiencing people coming in to my office and asking questions. I put in an access to information request. I found out that 106,000 disabled Canadians, who had always qualified for the tax credit were asked to reapply. Out of the 106,000, 58,000 were brushed off the disability tax credit rolls because they did not respond or they were denied. Fifty-four per cent of them were denied the disability tax credit.

I put in a second access to information request and I just got the answer. I wanted to find out if people appealed a disability tax credit refusal, how many were overturned. I was amazed and startled. The access to information report said that the number of objections received that were reassessed was 6,864. The number of objections received that were approved was 6,479. That is a 94% reversal. That means 94% of the decisions of those who were reassessed were changed.

Imagine what would happen if a judge had 94% of his decisions overturned on appeal, or a goal judge had 94% of his decisions overturned. It just seems that the government is playing games with the disabled, but it is not a game.

Yesterday I received a letter from a man. I was really concerned about his welfare. I was concerned that he was threatening suicide because of the frustration with the disability tax credit system and also the disability pension plan. Mostly it was the disability tax credit issue that he was dealing with.

I talked to my staff about how often we hear this. They mentioned a person they knew who had committed suicide because of his frustration in not being approved for the disability tax credit because the government did not believe his doctors. This man, Ralph MacEwan, suffered from chronic paranoid schizophrenia. The doctor said he was totally disabled. The reports were very clear, but the clerks at CCRA refused to accept the doctor's assessment and said Mr. MacEwan was not disabled and was completely able and okay. Out of frustration Ralph MacEwan took his own life in Brampton.

It is amazing how often we run into discussions of this issue. I urge the government to take this issue seriously. When somebody has a physical disability it always ends up in an emotional disability one way or another, either a minor disability or a major disability. It is a very serious concern.

I ask the parliamentary secretary, will medical practitioners make every decision when an application is overruled? When a doctor's report is overruled, will it be done by a medical practitioner and not a clerk?

[Colleen Beaumier, Liberal, Parliamentary Secretary to the Minister of National Revenue]

Mr. Speaker, let me begin by emphasizing that the confidentiality provisions of the Income Tax Act prevent me from commenting on individual cases. Nonetheless, I will gladly discuss the disability tax credit in more general terms.

The Canada Customs and Revenue Agency's responsibility is to administer the disability tax credit, DTC, in accordance with the legislation. The Income Tax Act requires that if someone wants to claim the DTC, a medical practitioner must use the prescribed form to certify that person's severe and prolonged impairment. From time to time CCRA needs clarification and has to request additional information from the medical practitioner.

CCRA does not question the diagnosis or the medical practitioner's expertise. Rather, CCRA is attempting to fulfill its responsibility for ensuring that the legislation's specific eligibility criteria for the DTC are met.

As the hon. member is aware, the CCRA has been conducting a review of DTC claims for the period between 1985 and 1996. During that 12 year period, clients who applied for the DTC were accepted when their tax return was assessed. A small percentage of DTC claims were later selected for indepth review.

Our procedures have changed since 1996. Every new application is now reviewed right away to make a clear determination of the client's eligibility right up front.

The review of claims prior to 1996 is not about denying this tax credit to people who have a legitimate right to it. Instead, the review is about discontinuing payment to people who do not meet the DTC requirements. Our review of pre-1996 claims is finding many people who should not have been approved in the first place, as well as people who should have been approved for only a temporary period.

When a DTC claim has been denied, a person can request an impartial review of their eligibility by filing a notice of objection with the CCRA. If the claim is still disallowed, the next recourse would be to file an appeal with the Tax Court of Canada.

The CCRA is responsible for administering the DTC and other tax programs in strict accordance with the existing legislation. This type of responsible enforcement activity is an essential element of the CCRA's mission to promote compliance with Canada's tax, trade and border legislation and regulations.

Let me once again emphasize that the special review of older DTC claims is not designed to limit the number of people who benefit from this tax credit. Instead, the review is about ensuring that all DTC claims have undergone the same level of review for eligibility. That means fairness and equity for everyone.

[Bill Casey, Progressive Conservative, Cumberland—Colchester, NS]

Mr. Speaker, that was a long answer but it did not come close to answering my question. I ask the parliamentary secretary to simply answer the question, please.

CCRA requires a disabled person to have a doctor's opinion. When CCRA overrules that opinion, will she absolutely commit that it will only be done by another doctor?

[Colleen Beaumier, Liberal, Brampton West—Mississauga, ON]

Mr. Speaker, when the member asked his question, I was quite concerned about the case he cited. I believe it is from my riding. I was not aware of this case prior to this evening.

We do a lot of DTC cases as well. It is my understanding that only a medical doctor can overrule. However, I will check that and get back to the member on this.

[The Deputy Speaker]

The motion to adjourn the House is now deemed to have been adopted. Accordingly, this House stands adjourned until tomorrow at 10 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 7:15 p.m.)