The Senate proceeded to consideration of the twelfth report of the Standing Senate Committee on Social Affairs, Science and Technology (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, with amendments and observations), presented in the Senate on May 11, 2023.

The Senate proceeded to consideration of the twelfth report of the Standing Senate Committee on Social Affairs, Science and Technology (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, with amendments and observations), presented in the Senate on May 11, 2023.

The Senate proceeded to consideration of the twelfth report of the Standing Senate Committee on Social Affairs, Science and Technology (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, with amendments and observations), presented in the Senate on May 11, 2023.

The Senate proceeded to consideration of the twelfth report of the Standing Senate Committee on Social Affairs, Science and Technology (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, with amendments and observations), presented in the Senate on May 11, 2023.

Hon. Ratna Omidvarmoved the adoption of the report.

She said: Let me add my voice of congratulations to you on your appointment, Your Honour. We look forward to your steady and calm leadership.

Here is a really important government bill, Bill C-22. The Standing Senate Committee on Social Affairs, Science and Technology studied Bill C-22 over the course of 10 meetings, with 7 meetings of testimony from 44 witnesses. In addition to witness testimony heard during the meetings, the committee also received 48 briefs, seven follow-ups and two letters.

The committee wishes to acknowledge and thank the many Canadians who took the time to communicate with us and educate us about their lived experiences with disabilities, as well as share their perspectives on Bill C-22. Their thoughts have greatly helped inform the committee’s work during this study.

At the outset of the study, the committee was informed by the Honourable Carla Qualtrough, the Minister of Employment, Workforce Development and Disability Inclusion, of the amount of work and consultation that had gone into the bill that we were studying. The minister shared an enduring commitment to “Nothing Without Us” which has involved — and will continue to involve — the disability community in the development and implementation of the proposed Canada disability benefit.

The committee was also informed of the importance of carefully considering any and all amendments, as amending the bill would require it to go back, necessarily, to the House of Commons.

It was with this great consideration that the committee is reporting the bill with amendments.

The committee heard concerns from many witnesses about the possibility of the benefit being clawed back when interacting with other benefits and income supports, including private insurance providers.

Hart Schwartz, adjunct professor at Osgoode Hall Law School, stated:

It’s no benefit if private insurers throughout the country in different provinces can set-off the amount so that effectively you get no disability benefit at all.

The committee, therefore, adopted an amendment to clause 9 using wording similar to that suggested by several witnesses and endorsed by trial lawyers’ associations across Canada. The amendment specifies that the benefit cannot be recovered or retained in whole or in part under the terms of any contract, insurance plan or similar instrument.

Throughout the study, the witnesses expressed the importance of an explicit appeals process contained within the statute. We heard from Adrian Merdzan of the Income Security Advocacy Centre that the risk of not providing an appeals process in the statute is that it could “permit the creation of an inaccessible appeal mechanism” in the future. The committee, therefore, adopted an amendment creating a new clause 10.1 which would allow a person, or someone applying on their behalf, to appeal the minister’s decisions regarding their eligibility or the amount of the benefit.

Bill C-22 was amended by the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities to require the Governor-in-Council to take into consideration the official poverty line as defined by the Market Basket Measure.

The committee heard, however, that persons with disabilities often experience higher costs of living than the average. Krista Carr, Executive Vice-President of Inclusion Canada, stated, “We need to recognize that people with disabilities have additional costs that even go beyond.” Sometimes it’s up to 30% or 40% more.

The committee also heard that despite the “Nothing Without Us” approach and widespread consultations across Canada, there remain marginalized people with disabilities and organizations that face additional barriers to consultation and inclusion. Jheanelle Anderson, Vice-Chair of the ASE Community Foundation for Black Canadians with Disability, shared that “intersecting identities really impact your experience with disability.”

For these reasons, the committee adopted an amendment to clause 11, adding that the Governor-in-Council must consider the additional costs associated with living with a disability; the challenges faced by those living with a disability in earning an income from work; the intersectional needs of disadvantaged individuals and groups; and Canada’s international human rights obligations.

As a consequence of this amendment, the committee also adopted an amendment to the preamble, recognizing that persons with disabilities may face additional barriers because of their gender, racialized or Indigenous status or other intersecting statuses.

All witnesses before the committee agreed that the Canada disability benefit should be paid out to eligible individuals as soon as possible. Glen Hoos, Director of Communications for the Down Syndrome Resource Foundation, put it this way when he said that “the money should start flowing as soon as possible — or sooner.”

For this reason, the committee adopted an amendment to clause 11 requiring that, within 12 months of the coming into force of the bill, the Governor-in-Council must make the necessary regulations to begin paying the benefit.

The House committee had amended the coming-into-force date of this act as “no later than the first anniversary of the day on which it receives royal assent.” However, it did not grant authority to anyone. An official from Employment and Social Development Canada informed us that the “no later than” doesn’t have any way to be implemented as no authority has been given to the Governor-in-Council to actually bring the law into force earlier than the first anniversary.

The committee, therefore, adopted an amendment enabling the Governor-in-Council to fix a date no later than one year after Royal Assent.

In addition to these amendments, the committee has also made seven observations, including recommending that in addition to the “Nothing Without Us” consultative process around designing and implementing the Canada disability benefit, the disability community should be represented in all its diversity, with space made for the most marginalized voices to be equally involved in all stages of the decision-making process.

We note the concern that the benefit is limited to working-age persons with disabilities, which may perpetuate poverty amongst persons with disabilities over the age of 65, particularly women, and that with Old Age Security becoming available at 65, seniors with disabilities may experience a reduction in income.

We are recommending that persons with mental illnesses be explicitly involved in the drafting of regulations to ensure that the spectrum of disability, including episodic disability due to mental illness, is considered.

We are stressing the importance of respecting the necessary autonomy of persons with disabilities to live their life with dignity, as well as acknowledging that financial security is one way to help prevent certain types of violence against a person with a disability, and we are recommending that the benefit’s eligibility be determined by an individual’s income rather than that of their family or household unit.

Colleagues, I wish to thank all members of the Senate Social Affairs, Science and Technology Committee who gave their undivided attention to this important bill and also our excellent committee clerk, Emily Barrette, and the Library of Parliament analyst, Laura Blackmore, for supporting our work to this point. Thank you, Your Honour.