Mr. Speaker, I am pleased to rise this evening. I welcome the chance to add my voice in support of this commendable legislation. Bill C-462 builds on our government's strong record of supporting the full and equal involvement of those with disabilities in every aspect of Canadian society.
As the House knows, we work to ensure that our legislation, policies, programs and services are inclusive of people with disabilities and that they fully respect their rights and interests. The Government of Canada provides a variety of services and financial benefits to assist people with disabilities and their families to make this goal a reality.
For example, our government offers a range of generous tax credits and benefits for Canadians with disabilities. These important measures are among the many ways we are advancing our government's plan for jobs, growth and long-term prosperity that is working for Canadians, even as they face challenging times. We also strive to promote positive attitudes and raise awareness of the needs of Canadians with disabilities in order to prevent unintended negative outcomes. The House need look no further than Bill C-462 for the evidence of that.
When the hon. member for Renfrew—Nipissing—Pembroke discovered that some of her constituents with disabilities were being charged excessive fees by tax promoters to apply for the disability tax credit, she took action to put a stop to this abusive practice. It is thanks to her perseverance and diligence that we have this legislation before us today.
As parliamentarians know, the disability tax credit is a non-refundable tax credit. It reduces the amount of income tax that either individuals with disabilities or those who support them have to pay. It may help compensate for the cost of additional expenses, such as special equipment, medications and treatments. Eligibility is not based on the diagnosis of any specific medical condition, but is based on the effects of the conditions on an individual over a prolonged period of time.
To be eligible for the tax credit, the person must have a severe and prolonged impairment in physical or mental functions. It must restrict the person in one or more of the basic activities of daily life or cause the person to take an inordinate amount of time to perform the activity, even with the appropriate therapy, medication and devices. This needs to be verified by a qualified practitioner, medical doctor, optometrist, audiologist, occupational therapist, psychologist, physiotherapist or speech-language pathologist.
Hundreds of thousands of Canadians with disabilities and their family members who care for them count on the disability tax credit to help them improve their standard of living and quality of life. The CRA receives an average of 200,000 new disability tax credit applications each year. It is estimated that approximately 9,000 of these requests are received from taxpayers who use the service of a disability tax credit promoter.
In too many cases, the people who really need this tax credit do not get their fair share of the eventual tax refund. The problem is not with the tax credit, as others have explained. The issue is that there are some private sector companies that appear to have no compunction about cashing in on this tax benefit, which is intended for Canadians with disabilities, for their own benefit. There have been numerous cases brought to our attention in which promoters have charged 30% to 40% of the amount of the person's income tax refund. We are talking about thousands of dollars in fees for something that is very simple to do.
These businesses generally just complete part A of the disability tax credit application form, a straightforward process that usually takes little time. Aside from being reprehensible, this is first and foremost unnecessary. If someone with a disability or a family member providing care needs extra help completing the forms, the Canada Revenue Agency has agents who specialize in this disability tax credit. We have heard from others that this is not the case but, in fact, it is. They are just a phone call away and can assist both taxpayers and qualified practitioners by providing information on both the criteria and the application process.
There is simply no reason for people who really need and rely on the tax credit to give up a large percentage of it to a third party tax promoter who expects a large of the eventual tax return. With this bill, we are sending a clear signal that the price Canadians with disabilities pay for this service should reflect the real value of the services they receive.
Once it receives royal assent, Bill C-462 would restrict the amount of fees that can be charged or accepted by businesses that request a determination of disability tax credit eligibility on behalf of someone with a disability. This legislation would prohibit firms from charging or accepting more than an established maximum fee.
What that fee would be would only be determined following consultations. To discourage companies from overcharging their clients, the bill would also require businesses to notify the CRA of any fee charged in excess of the maximum amount permitted. If they persisted, they would face fines of $1,000 to $25,000 for not notifying the CRA or for any false or deceptive statements. A separate fine equal to 100% or 200% of the excess fees could also be applied in addition to the penalty. Such fines would be applied in serious cases, such as repeat offenders.
Members should not get me wrong: we are not trying to interfere with the free market and we have no intention of hurting legitimate businesses that charge reasonable amounts consistent with the value of the services that they provide. Our goal is simply to ensure that when Canadians with disabilities are eligible for the tax credit, especially if their claims go back many years, they receive the maximum amount that is due to them. This is consistent with our government's approach to ensuring that Canadians with disabilities are treated fairly, equitably, and with the dignity they deserve.
This legislation is a clear demonstration of our determination to support the full and equal involvement of those with disabilities in every aspect of Canadian life. I am sure no member of the House would argue with that aspiration.
Therefore, I urge all parties to lend their support to Bill C-462 so that we can take this legislation through its final stage and make it the law of the land. Members can be sure that people with disabilities in their ridings will thank them if they do.