Hon. Chantal Petitclerc: Honourable senators, I want to thank Senator Moncion and Senator Marshall for their exceptional work during the study of this bill.

Honourable colleagues, as you know, I have called out the Government of Canada a few times on its priorities when it comes to the financial needs and rights of persons with disabilities, either by deploring how long it took to bring in assistance programs during the pandemic, or emphasizing the urgent need to kick-start a new Canada benefit for persons with disabilities. Our role as sentinel requires us to point out these shortcomings or any other broken promise. However, when appropriate, we also have a responsibility to commend any measure that eases the burden on Canadians with disabilities.

[English]

Bill C-19 gives us the opportunity to do so by proposing to expand the eligibility criteria for the disability tax credit, DTC, which is a gateway to being entitled to other supports, including the Registered Disability Savings Plan and the child disability benefit.

[Translation]

I want to take a few minutes today to talk about these changes and to share the relief of the Canadians who have long been pushing for this tax measure to be improved. The Library of Parliament reports that around 45,000 families and individuals will benefit from the DTC and will have better access to other associated benefits.

You may recall that the Standing Senate Committee on Social Affairs, Science and Technology examined this tax credit in 2018, in response to the work done by Senator Munson. The tax credit was known to be difficult to access, especially for applicants with intellectual disabilities. At the time, we learned that it was common for a medical certificate stating that an individual met all of the eligibility criteria to be rejected without explanation. We therefore based our recommendations on the need to eliminate barriers, make the eligibility criteria fairer and more consistent, and inject some compassion into the administration of the program.

[English]

Our requests have been partially met by the changes proposed in this budget implementation bill, which will not only facilitate assessment and reduce delays, but, above all, will improve access to this tax measure. In general, an individual is eligible for the DTC if he or she has one or more severe and prolonged impairments in their physical or mental function that seriously limits their ability to perform basic activities of daily living.

[Translation]

The first set of amendments in Bill C-19 actually updates the list of what are considered to be mental functions essential for daily living. This list was strongly criticized for its lack of clarity and consistency with respect to several regular life situations.

The other major change to be commended concerns what can be included when calculating the time spent weekly on essential therapy. At present, certain activities are not included. For example, consumption of food and activities related to the physical exercise required to administer medication and ensure the safe dosage of medical food or medical formula are not eligible.

This will no longer be the case once Bill C-19 is passed. Even better, the new category of activities will also include the time spent on appointments to receive treatment because of the impairment. It will also be possible to calculate the time spent by another person to assist the individual receiving therapy if that individual is unable to perform the activities themselves because of the effects of their disability. At present, any recipient must be receiving essential therapy at least three times a week, for a total of at least 14 hours a week. The frequency required for the administration of this will be reduced from three times a week to two.

Another bit of good news in this bill is that, thanks to an amendment passed unanimously by the other place’s finance committee, people with type 1 diabetes will now automatically be eligible for the DTC.

[English]

Dr. Michèle Hébert, Chair of Buds in Bloom and family advocate at Children’s Healthcare Canada, welcomes this progress in these terms:

This amendment recognizes the extensive time spent to coordinate care, in large part due to issues related to application processes and administration such as missing forms, heavy paperwork, re-application requirements, rejections, securing a prescriber’s approval or bureaucratic interpretations in meeting eligibility to secure this important tax credit.

Dr. Marc-André Dugas, Chief of Pediatrics at Centre mère‑enfant Soleil du CHU and board member at Children’s Healthcare Canada, states that:

 . . . this is a welcome change to reduce the associated administrative burden on families and providers alike, this reduces the challenges facing young families at a time when they are attempting to courageously manage this illness.

[Translation]

There are still barriers. The eligibility criteria will be less stringent. However, some Canadians who hire consultants to fill out the form so they can collect the benefit may turn over up to 30% of their tax refund once their application is approved. This is in spite of the Disability Tax Credit Promoters Restrictions Act that was passed in 2014 — yes, 2014 — and the publication of the regulations in 2021, which was nine years later. The regulations, which were supposed to cap fees that DTC promoters could accept or charge for these services at $100, were suspended indefinitely by a British Columbia judge pending the outcome of a constitutional challenge.

There are still obstacles and barriers. From equipment costs to treatment and services, the harsh reality is that it always costs more to be a person with a disability.

That said, I’m pleased to see that people with disabilities are now participating in the conversation more than ever before. Three years ago yesterday, the ambitious and historic Accessible Canada Act received royal assent. The act is based on the principle of “nothing without us,” which set the tone and showed that a barrier-free Canada is possible by 2040. It’s realistic to hope the provinces will follow suit in sectors under their jurisdiction.

The 2020 Speech from the Throne announced a plan to include people with disabilities, and the new Canada disability benefit is a key component of that plan.

[English]

In conclusion, while I applaud the proposals in Bill C-19, it remains frustrating and disappointing to see that Bill C-22 has not even begun second reading in the other place. I therefore urge the government to make it a high priority when we get back in September because as we are about to recess, we must never forget that for the 22% of Canadians living with a disability — and as many have said before me — poverty will not take a summer break. Thank you.

[Translation]