moved that Bill C-462, An Act restricting the fees charged by promoters of the disability tax credit and making consequential amendments to the Tax Court of Canada Act, be read the second time and referred to a committee.
Mr. Speaker, as the member of Parliament for Renfrew—Nipissing—Pembroke, it is my pleasure today to speak in support of my private member's bill, Bill C-462, An Act restricting the fees charged by promoters of the disability tax credit and making consequential amendments to the Tax Court of Canada Act.
My intention for bringing this legislation before the House is straightforward. I want to see increased protection for disabled Canadians from the predatory practices of some disability tax credit promoters who see the tax credit as an opportunity to profit on the reduced circumstances of others.
The disability tax credit is a non-refundable tax credit that reduces the amount of income tax that either individuals with disabilities or their supporting persons have to pay. Parliament voted in this tax credit with the recognition that Canadians with disabilities face financial challenges.
Canadians may be eligible for the disability tax credit if all or substantially all of the time they are unable to perform one or more of the basic activities of daily living, even with therapy and the use of appropriate devices and medication.
Basic activities of daily living include things like speaking, hearing and eating. The wide array of disabilities eligible under the disability tax credit is important. As the member of Parliament for Renfrew—Nipissing—Pembroke, which includes CFB Petawawa, I am acutely aware of the number of disabilities with which Canadians are living. The soldiers and veterans of my community are at a greater risk for a number of disabilities because of the sacrifices they make for our country, and the tax credit is of particular importance to them.
For the average Canadian, the maximum federal amount that could be claimed last year was $7,341. This resulted in a maximum federal tax savings of up to $1,101 for 2011. This is significant tax relief for Canadians living with a disability, and that money should be staying in the pockets of Canadians who need it. It should not be swindled away by unregulated promoters. This tax credit is important to them.
My decision to introduce the legislation restricting the fees charged by promoters of the federal government's disability tax credit is a direct result of the aggressive tactics employed by some providers who objected to my decision to issue consumer alerts.
I started issuing consumer alerts in my riding last year when I found out that some individuals were being charged 20%, 30% or as much as 40% of the tax credit. I felt, and I am hoping that other members of Parliament will agree, that those kinds of charges are unfair, especially when we consider that the purpose of the disability tax credit is to support Canadians living with serious disabilities.
I wanted my constituents in Renfrew—Nipissing—Pembroke to know that they can access their federal member of Parliament regarding any federal tax credit without being charged a percentage of the tax credit.
Changes were put in place in 2005 that made benefits receivable on a retroactive basis. This created a new incentive for those claiming to be consultants to work with Canadians on their claims, as the dollar amounts on a 10-year retroactive tax refund can be significant.
I started to get a sense of how big an activity this whole tax credit promoter scheme is when a promoter complained about my consumer alert by telling me that he had spent $25,000 on booking space, hotel rooms and media coverage. He expected to make his money back after driving the 905 kilometres to my rural eastern Ontario riding with his travelling road show.
His complaint was: How dare I tell the people to see their member of Parliament and let them have all of the tax refund they qualified for with the disability tax credit?
We are also not talking about a small number of Canadians. The Canada Revenue Agency receives on average 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. Last year alone, $800 million in credits were issued.
I am still receiving phone calls and emails with complaints from these promoters. Many of the comments I have received are along the line that they are just helping our government to promote the disability tax credit and they deserve the fees they are getting. I could not disagree more. There may be legitimate companies doing this work. Unfortunately, it is the less scrupulous operators that have identified the need for the legislation I am proposing today.
I ask all members of the House to support Bill C-462. Concerns have been raised by medical professionals who feel they are dealing with an increasing number of fraudulent claims and have at times felt pressured to fill forms out fraudulently by constituents. I know this to be the case because doctors in my riding have told me that this has been their experience.
One doctor related the incident of having an individual sit in his office and refuse to leave until he filled out the disability tax credit certificate to get the tax credit. The doctor, giving his expert medical opinion, insisted on being truthful when asked to complete the tax certificate. This same patient, who had been encouraged in this behaviour by a disability tax credit promoter, was revealed to have visited four doctors previously, looking to have the certificate completed in such a way as to qualify for the tax credit.
Some consultants have even taken the step of employing in-house medical practitioners to sign the medical portion of the disability tax credit application, perhaps having only met the person just once and having no prior knowledge of the applicant's medical history.
Let us talk a bit about the credit. To qualify, an individual must have a severe and prolonged impairment in mental or physical functions, as defined by the Income Tax Act and as certified by a qualified practitioner. 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.
Some examples of conditions that may qualify relate to walking. A person with no apparent mobility impairment, who is unable to walk a short distance without stopping frequently to rest because of shortness of breath or pain, may qualify for the disability tax credit because it takes him or her an inordinate amount of time.
Vision may be a condition. Someone who is suffering from a degenerative condition that will not improve with the use of corrective lenses or medication and has a severe visual impairment may qualify for the disability tax credit.
Hearing: A person who, even with the use of a device, is unable to hear or who takes significantly longer than an average person who does not have an impairment to understand spoken conversation may qualify for the disability tax credit.
Speaking: People who, even with therapy devices, are unable to speak so as to be understood and must rely upon other means of communications, or who take significantly longer than an average person who does not have the impairment to make themselves understood may qualify for the disability tax credit.
This list is not meant to be exhaustive. These are just a few examples, and the information is gathered directly from the Canada Revenue Agency website.
My intention in bringing the bill before the House is straightforward. I want to see increased protection for disabled Canadians from the predatory practices of some disability tax credit promoters, on the one hand, and also contribute to a fair, functioning marketplace for those who do wish to use the services of a disability tax credit promoter.
Bill C-462 would provide a new legislative framework to limit the fees charged by promoters for the services of assisting applicants for the disability tax credit. In particular, the bill would restrict the fees that can be charged or accepted by promoters to prepare a request associated with a disability tax credit, DTC, under the Income Tax Act. It would prohibit charging or accepting more than the established maximum fee and would introduce offences and penalties for failure to comply. The bill would introduce a requirement that promoters notify the Canada Revenue Agency when more than the maximum fee has been charged. The provision of the bill would come into force on a day to be fixed by the order of the Governor in Council, at which time the proposed maximum fee would be made public.
This is not an attempt to crack down on those legitimately claiming the credit or to deny claims. It is an attempt to make sure those who qualify and those who require the tax credit are able to receive it without paying unfair charges.
As member of Parliament for the rural eastern Ontario riding of Renfrew—Nipissing—Pembroke, I understand, as does our government, that Canadians can have a difficult time making ends meet. As a result, we offer a very generous range of credits. These tax credits are a key component of our economic action plan, which is a plan for jobs, growth and long-term prosperity that is working for Canadians as we face a global economic downturn.
Examples of important credits include the universal child care benefit, the Canada child tax benefit, children's fitness tax credit, children's art credit, volunteer firefighters credit, first-time home buyers' tax credit and public transit tax credit, just to name a few. These are all credits I encourage my constituents to take advantage of, if they can, and to come to my constituency office where we will help them apply, no charge.
I have spoken to the minister and, to be clear, if individuals qualified for the disability tax credit in 2007 or 2008, say, and their medical situation is the same now as then, they would absolutely qualify for the credit. This is about protecting Canadians from predatory and unfair practices of unregulated promoters. This credit is not intended to line the pockets of promoters.
The disability tax credit promoters are currently totally unregulated. This is producing a system that is increasingly ripe for abuse. Lawyers charge contingency fees, but they are bound by strict codes of ethics, and bar associations carefully scrutinize actions to ensure appropriate professional ethical behaviour.
Perhaps most appropriate for today's discussion is that tax preparers are guided by the Tax Rebate Discounting Act and capped at what they can charge for their service. An accountant cannot take 20 minutes, prepare and submit one's taxes and then charge 40% of one's refund. Tax preparers also have a professional organization that promotes ethics and peer review of business practices.
I chose not to set a maximum fee in the legislation because I wanted to allow for consultations with disability groups, medical professionals and legitimate tax professionals to help inform this decision.
I want to ensure that disabled Canadians who do need the help of someone with their applications can get it and we are not imposing unnecessary red tape on doctors or legitimate tax preparers.
There is a rate set in the Tax Rebate Discounting Act for accountants and others who may be part of the discussion on the disability tax credit consultants. The rate under the tax rebate discounting allows for a $45 fee on the first $300 and 5% on amounts above $300. This fee level is something I would expect would be raised during the consultations. There are no similar accountability measures for the disability tax credit—