Hon. Brent Cotter: My question is for the Government Representative in the Senate. It concerns Bill C-22, the Canada Disability Benefit Act.

Senator Gold, you’ll recall that in June there was unanimous and enthusiastic adoption in the Senate and in the other place of Bill C-22. Part of that enthusiasm was associated with the message from Minister Qualtrough that the benefit would be in place for working-age Canadians with disabilities in approximately one year.

Recent communications from the government indicate that, relying on a Senate amendment to the bill that gives the government up to two years for implementation, the benefit will not become available until sometime in 2025 — perhaps as late as June 2025 — leaving thousands of our neediest citizens with disabilities without this benefit for up to two years after the bill received Royal Assent.

Can you advise whether this very unfortunate delay is indeed the case?

Hon. Brent Cotter moved third reading of 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, as amended.

He said: Honourable senators, I rise to speak to Bill C-22. Parenthetically, I should say my own congratulations, Madam Speaker, but I want to say that I’m doing more than all our other colleagues in thanking you. I’ve started a small campaign among all of us to raise enough money to buy you a slightly smaller pair of gloves.

If I may be more serious in my remarks, I’ll touch only briefly on the bill and four or five of the amendments adopted by the Social Affairs Committee. In the interest of commitment to the goals of the bill as well as in the interest of timeliness, I’d encourage you to adopt the bill in its present, amended form.

I have two speeches, and in an effort to commit to my own message about timeliness, I have elected to deliver not the long but the short one. I know you will be grateful.

Once this bill kicks in — by which I mean once regulations are developed and the benefits begin to flow to people with disabilities — we will have achieved a great and meaningful thing, something of which all of us in the Senate can be proud. To get there, we need this bill adopted, and we need it adopted in a timely way.

About the bill and the amendments, let me begin by saying that, as in the other place, I believe we are unanimously committed to the sentiments and objectives articulated in Bill C-22. This was evident in the speeches of senators at second reading of the bill and in each of the interventions at the consideration of the bill before the Standing Senate Committee on Social Affairs, Science and Technology. Indeed, I think it is fair to say that each of the amendments advanced at the committee, including the amendments adopted, was motivated by an intention to strengthen the bill and make a good bill better.

As you will know, the bill is a framework bill empowering the minister and the government to develop a disability benefits regime and system by developing regulations under powers provided to it in clause 11 of the bill and in close collaboration with the disability community. Every detail of this bill and the amendments and every word that has been spoken by us about it have been followed closely by a community of interest that is devoted to its adoption. For many thousands, this bill’s implementation is a lifeline to a better life. I think we are all committed to that goal as well.

Nevertheless, various amendments that we are making to the bill do present challenges. I would like to highlight some of them. Some of these challenges, I think, present difficulty for some among us. You may recall that the vote to adopt the report from the committee was a vote on division. Nevertheless, I would urge us all to adopt the bill, as amended, and to get it to the other place as quickly as possible.

Moving to specific provisions, I will first discuss the “coming into force” provision. If you are following, this is clause 14. An amendment was adopted at committee to clean up the “coming into force” provision. It previously called for the bill to come into force at a date that is no later than one year after Royal Assent but did not say who could cause it to come into force earlier. This amendment, introduced by Senator Petitclerc, makes it clear that the day of coming into force is to be fixed by the cabinet no later than one year after Royal Assent. There’s no change to the bill itself, but it identifies the “who” who can implement the coming into force.

Second, and associated with the timing, is an amendment that was adopted by the committee that requires that the regulations be put in place within 12 months of the bill coming into force. This is clause 11, a new subclause (1.2). This is an amendment that is well-meaning but, in my view, problematic. While the minister and the government are committed to timely implementation of Bill C-22, and the minister is aiming for this to occur within 12 months, this amendment actually gives the government — that is, if it were to follow the letter and extent of the law available to it — more rather than less time to implement the bill. This is because the amendment adds 12 months onto the up to 12 months before the bill comes into force. I’m confident we will get to implementation long before this and that the amendment will be rendered essentially irrelevant, but it is, to say the least, an unfortunate message to send.

Third, the bill adds, in clause 11, additional considerations required of the minister respecting the amount of the benefit. These are references, first, to the official poverty line — a hard number that was already in the bill — and four others, namely, additional costs associated with living with a disability, challenges faced in relation to earning a living, intersectional needs of disadvantaged individuals and groups, and international human rights obligations.

Again, these are heartfelt, but the concerns are these: First, the language is problematic, as these days we don’t speak about people “living with a disability.”

Second, in the section that calls for taking into consideration the requirement for disadvantaged individuals and groups, I think I know what was intended. While the concept of “disability” is  understood and defined in the legislation, the word “disadvantaged” is open-ended and undefined, and its literal meaning would, I think, take us well outside the objectives of the bill, which are well articulated in the bill and the preamble.

The other dilemma is a technical challenge for the minister. The clause now requires the minister to take these four factors into account in quantifying the benefit. If we want this to be done seriously, the minister can rely on and make reference to and consider the poverty line, which is a quantified number, but the ability to quantify “additional costs associated with disability” — and when one thinks of the wide range of disabilities — to qualify the challenges associated with earning income, again widely disparate, and to quantify intersectional needs are all complicated issues. They need to be better known, understood and studied than they are today. Realistically, for the minister to honestly and seriously take into account the quantitative aspects of these considerations, and to do that in the urgent time frame we all expect, asks for a great deal, maybe the impossible. In any event, the message in the preamble makes reference to all of these factors, and clearly so, even if they do not carry the clout that this amendment assigns to them.

Fourth, an amendment introduces a new clause 10.1. This is an explicit entitlement to appeal. The bill already contemplates, in clause 11, regulations respecting appeals. The argument advanced was that clause 11 was discretionary. This is true, but that is the structure of the regulation-making power across government. Indeed, the determination of the amount of the disability benefit would itself be discretionary if we take the view that the language of regulation making provides such a wide range of discretion. One might then say that, theoretically, cabinet could simply decide not to make regulations establishing the benefit at all. With respect, I think that’s unrealistic. In any event, for a benefit like this, the law provides an appeal process as a matter of natural justice whether stated or not. Again, in my view, this amendment is heartfelt but not needed.

There is one additional concern. The amendment creates two categories of appeal: ineligibility and the amount of the benefit you get or don’t get. I’m advised that there are various other categories of concern that a recipient or applicant may have, and they do not fall neatly into these two categories of “ineligibility” or “disputed amount of benefit.” The problem is that by creating these two categories and only these by legislation, that, by implication, locks out other categories of appeal. If locked out by the legislation, they cannot be unlocked by regulation.

My fifth and last observation in relation to the amendments is next, but first a bit of context. As committee members, witnesses and even some senators noted at second reading of Bill C-22 in the chamber, a major risk in relation to the effectiveness of the benefit is that it may be eroded or clawed back by provinces or by other providers of the benefit — insurers was one example identified — with respect to people who already qualify for a separate benefit and now could become entitled to a Canada disability benefit. My recollection is that Senator Duncan grilled me gently on this point in February.

Let me say at the outset that this is a legitimate and serious concern. There are two sources of this concern. First are the potential actions by provincial and territorial governments to modify the levels of support that they provide to recipients as a result of the recipients’ receiving the Canada disability benefit. The second possibility — I would even accept the word “probability” — is that private insurers would do the same. The committee heard evidence that wide-ranging clawbacks already exist in insurance contracts associated with disability and that this, if not a common practice, is at least common enough to be a genuine concern for people covered by insurance for disability. Speaking for myself, I accept these as valid and serious concerns. No one wants to see insurers be the beneficiaries, even in small part, of the disability benefit.

In light of this, and urged by some witnesses, an amendment was advanced at committee and adopted so that clause 9 of the act now includes the following:

A benefit under this Act

(c.1) cannot be recovered or retained, in whole or in part, under the terms of any contract, insurance plan or similar instrument . . . .

I appreciate entirely the sentiment of this amendment, but there are two concerns. One is that the language is offered. You will recall the language says that the benefit “cannot be recovered or retained.” Well, insurance companies will never directly receive the disability benefit or be entitled to it so that there will be nothing for them to have retained or to recover.

Second, with respect to this amendment, as heartfelt as it is — and I agree with the sentiment of it — it is an unconstitutional intrusion into provincial authority.

The arguments advanced by witnesses at clause-by-clause consideration suggested that the amendment is constitutional on the basis of the federal spending power or Canada’s commitment under the UN Convention On The Rights Of Persons With Disabilities. These arguments inaccurately presented the scope of federal authority and embed in the bill an unconstitutional and intergovernmentally problematic and divisive component to the bill.

Nevertheless, there is a small window to get this bill across the finish line here and in the other place. I urge you, even if you have reservations about the bill, to give it your blessing.

I would be remiss if I did not extend my own thanks again to the many people with disabilities, leaders of the disability organizations and so many others of goodwill who reached out to me; to our critic, Senator Seidman; to members of the committee, and to each of us, with their advice, concerns and universal support for this bill’s objectives, and also an extension of thanks to the committee for its diligent consideration of this bill.

We are doing a meaningful thing today by supporting and advancing this bill. I’m honoured to be part of this great enterprise.

Thank you, hiy hiy.

[Translation]

Hon. Brent Cotter moved second reading of 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.

He said: Honourable senators, last October, as Thanksgiving was approaching, I happened to be in my car listening to a radio phone-in show in Saskatoon. People had been asked to call and share what they were thankful for. One woman phoned in and, when asked, she said:

I am thankful because I have enough. Perhaps I could wish for more or have more, but I have enough to live a fulfilling life, and I am grateful for that. I have enough.

I pulled the car over to the curb, and I thought about how beautiful a thought that woman had just shared with me.

Most of us have enough, certainly financially. I don’t know about all of your circumstances, colleagues, but I expect that we all have enough. I do, and I am grateful.

Many in this wondrous, prosperous country do not. Today, as we begin consideration of this bill, I hope you will give thought to a part of our population who disproportionately do not — people with disabilities — and how this bill can help, a lot.

I rise today in support of Bill C-22, the Canada disability benefit act. This is the beginning of a very special journey for the Senate and for all of us in this chamber. As we work toward building an inclusive society in this country, the commitment to meaningful financial support for people with disabilities is a key component of that foundation — the commitment of a generation.

My favourite Gary Larson cartoon — you expected something like this — depicts a school playground. In that school playground is a children’s slide. At the top of the slide, there is a little boy about to slide down. At the bottom of the slide are two spiders who have spun a web across the bottom of the slide. Just as the little boy is about to slide down, one spider says to the other, “If we pull this off, we’ll eat like kings.”

Well, this project will not lead to people with disabilities eating like kings, but my guess is that for the last generation, or maybe even a few years ago, the hope of people with disabilities of an initiative like this probably felt about equal in prospect to those two spiders’.

My remarks today will be divided into five parts. First, I will speak about Bill C-22 as a pillar in the delivery of meaningful change in the lives of people with disabilities in this country. Second, I will speak briefly about what the disability benefit will provide in alleviating working-age poverty for people with disabilities. Third, I will discuss the content of the bill briefly, what it will achieve, time frames and the accountability measures in place to ensure that our government delivers on our collective commitment. The fourth part is a bit about the level of support for the bill, and the fifth is a somewhat personal conclusion.

First, the proposed Canada disability benefit is a cornerstone — perhaps the cornerstone — of Canada’s Disability Inclusion Action Plan. The action plan is a roadmap to create a more inclusive Canada. It has four pillars: employment, so that we can take action to address long-standing barriers in the labour market and workplace; second, accessible and inclusive communities, so we can address barriers that prevent people with disabilities from fully participating in their communities; third, a more modern approach to disability, so that we can address challenges, among other things, in accessing, for people with disabilities, federal programs and benefits; and, fourth, financial security, so that we can reduce poverty and improve financial security for hundreds of thousands of persons with disabilities.

This comprehensive approach — a four-legged stool, so to speak — seeks to address what has been decried by so many for so long: the marginalization of people with disabilities. Many have communicated this eloquently. The renowned actress Emma Thompson said it bluntly. “Being disabled,” she said, “should not mean being disqualified from having access to every aspect of life.”

A basic degree of financial security is not the answer to every aspect of access and inclusion, but without it, access to the basics of life and the chance to experience a fulfilling life is much, much diminished.

I’m sure that we all agree that no Canadian with a disability should be living in poverty. The values that guided past governments of every stripe to reduce poverty and create benefits for seniors and children are the same values that have been used to create the bill before us today. I am talking about equality, fairness and inclusion — Canadian values, values that guide us and define us as a country and bring out the best in us. These values guided the Government of Canada to create benefits for seniors and children, and those same values guide us today in the creation of the Canada disability benefit to help reduce poverty among low-income, working-age Canadians with disabilities.

I note with some pride, as a Canadian, that the bill before us committing the government to a meaningful disability benefit was adopted unanimously in the other place.

One of the great things about this country is that, though we may have our disagreements, even profound ones, about how the country should be governed and by what principles, we come together, as we so often do, to address the circumstances of our most vulnerable citizens. This is such a time.

Honourable senators, another remarkable aspect of this benefit is that it has never been done before. As I understand it, Canada will be the first nation to establish a meaningful income supplement for working-age Canadians with disabilities.

Second, briefly, I will speak about the living circumstances of people with disabilities — the case, essentially, for Bill C-22. Working-age Canadians with disabilities are among the most financially vulnerable of our citizens: 23% live in poverty and, in some cases, severe poverty. This is more than twice the poverty rate for people of that age group. For people with severe disabilities, the poverty rate is 31%. This is, quite frankly, unbelievable and, I think you would agree, unacceptable in a country such as ours. And that was before the COVID pandemic when financial vulnerabilities for so many Canadians became even more acute. According to a Statistics Canada survey last year, two thirds of respondents with disabilities said that they were having trouble making ends meet, and one third of respondents with disabilities said their incomes had dropped because of the pandemic.

Overall, with the implementation of this bill, we will be able to dramatically reduce the number of working-age Canadians living in poverty.

The third part of my speech is about the legislation itself. The bill will create the process by which the Canada disability benefit will be established and implemented. The proposed legislation will provide a legal framework for the benefit and authorize the Governor-in-Council to implement the bill’s benefit designs through regulation. Though brief, the bill has been subject to intense scrutiny by representatives of the disability community and — this is a long title — the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. That is a mouthful, to be sure; it’s known as HUMA, for short.

In the spirit of “Nothing about us without us,” the disability community has provided extensive advice and commentary to the minister and her department and to the HUMA committee. HUMA held six meetings on the bill, heard from 36 witnesses and received 153 briefs.

I have read all of the testimony at these meetings, and I would say that the discussion was universally spirited and constructive, confirming the strong all-party commitment to this bill.

This scrutiny led to nine amendments, each of which I think strengthened the bill. All were adopted by the other place in its unanimous support for Bill C-22. I want to mention the key themes of the bill and will highlight a number of house amendments as I do.

First, in its preamble, the bill makes a powerful commitment to address the financial circumstances of people with disabilities. Let me read 3 of the 10 paragraphs of the preamble:

Whereas working-age persons with disabilities are more likely to live in poverty than working-age persons without disabilities, because of economic and social exclusion;

Whereas persons with disabilities often face barriers to employment, including work disincentives such as the loss of income and other benefits as a result of becoming employed;

Whereas Canada aspires to be a world leader in the eradication of poverty, and Parliament, with a view to this objective, enacted the Poverty Reduction Act . . . .

You can see the sense of the bill. The bill is then structured, mainly around section 11, to enable the minister to develop regulations to implement the benefit. There is admittedly a limited amount of detail here. The bill identifies the key requirements for these regulations. These are some highlights: the development of eligibility criteria for the benefit; the conditions to be met to receive the benefit; the amount of the benefit; requiring benefits to be indexed to inflation — this was a provision introduced as an amendment at the HUMA committee and adopted unanimously; developing an application process that is without barriers; and a system of reconsiderations, reviews and appeals.

A second amendment to the bill adopted in the other place, and before us as a part of the bill, is the tightening of the focus on the adequacy of the benefit. This amendment added section 11(1.1) to the bill. The provision now reads:

In making regulations under paragraph (1)(c) respecting the amount of a benefit, the Governor in Council must take into consideration the Official Poverty Line as defined in section 2 of the Poverty Reduction Act.

While the legislation could have been more prescriptive and detailed on some of these issues, there is something to be said for doing this work through regulations. It provides a greater degree of flexibility and contributes to the ability to get the disability benefits into the hands of recipients sooner.

Two additional aspects of this issue commend themselves to me, and I hope to you.

First, the bill commits the minister to a timely and highly inclusive process involving the disability community in the development of the regulations implementing the benefit. In the spirit of “nothing without us,” this was another amendment to the bill. The minister’s commitment is that the disability community will be involved in every step of the policy and program development regarding the benefit.

Second, while there is an element of trust embedded in this commitment, there is also a rich reservoir of trust on the matter for which Minister Qualtrough deserves a great deal of credit, and which I hope will be respected by all of us. A sign of that reservoir of trust is that a vast majority of the disability community — I have counted — is comfortable with the structure of the bill before us and strongly supports its passage in its present form.

A third element of the bill is its time frame. What is critical for people with disabilities is the time within which the benefit will be implemented and benefits become available. This is understandable. Every month of delay leaves hundreds of thousands of Canadians in a state of poverty. Too much time has already elapsed, and I hope that you will, for this reason alone, see value in the urgent consideration of the bill.

The House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, or HUMA, heard this message loud and clear, and let me repeat a couple of passages they heard. From Rabia Khedr from Disability Without Poverty:

If we wait for this legislative process to determine all of the details of a perfect benefit, its arrival will be too late . . .

Krista Carr, the Executive Vice-President of Inclusion Canada — a sort of designated disability community leadership asked to work on the financial pillar of a disability — said:

My final plea to you as members of this committee is that if you truly want to make a historic impact on the lives of people with disabilities in this country, and I know you all do, you will do everything in your power to ensure that this bill passes as quickly as possible so that we can get . . . this benefit into the hands of people who desperately need it.

In my own province, Inclusion Saskatchewan has communicated the same message in its support of the bill.

To give effect to this urgency and put the department’s feet to the fire, so to speak, the bill was amended to require a series of reports and deadlines for implementation. There are four key features. First, the bill comes into force no later than one year after it receives Royal Assent. Second, there must be a report to Parliament within six months after coming into force on the commitment to engage with the disability community in the development of regulations. Third, there must be a report back to both houses of Parliament one year after it comes into force. Fourth, after that year, after three years and then every five years, there must be parliamentary reviews.

These provisions will enable Parliament to oversee the bill’s implementation to determine if it is reaching its goal and to change course if needed in the future.

I want to speak briefly about one other important dimension of the disability benefit — one that will present challenges and great opportunity.

As many of you know, the provinces and territories presently provide a range of benefits to people with disabilities. The goal of the disability benefit is to build upon existing benefits to meaningfully enrich people’s lives. For this reason, it will be critical for the federal government to work with provinces and territories — I’m advised that this work is already under way — to ensure that the provinces and territories sustain their commitments to persons with disabilities. In other words, the Canada disability benefit will not result in clawbacks of other existing benefits.

Indeed, with good cooperation, I’m hopeful that well-integrated supports will further enrich the lives of beneficiaries. For greater transparency, agreements with the provinces and territories are required to be made public — another HUMA amendment. To that end, I’ve indicated to the minister that beyond sponsoring the bill, I would be willing to help in any way I can in the dialogue with provinces and territories to facilitate optimal outcomes in the best spirit of federal-provincial-territorial cooperation.

Is there support for the benefit? The answer is that nearly everyone is supportive. First, Canadians in general strongly support the creation of a Canada disability benefit. A 2021 Angus Reid survey reported that nearly 9 out of 10 Canadians are supportive.

Support for the benefit was also expressed in an open letter to the Prime Minister from 200 prominent Canadians, including former parliamentarians. Over fifty senators themselves wrote in support. Academic, business and union leaders, economists, health care professionals and disability advocates have all expressed the same message. As I have noted, the bill passed unanimously at third reading in the other place.

We will give the bill meaningful consideration in this chamber and at committee, but the judgment of elected representatives of Canadians and their collective and unanimous judgment deserves, I think, special consideration.

Canadians with disabilities themselves have made it clear that this pillar — the financial security pillar — is their most urgent and highest priority. That message was conveyed, I’m advised unanimously, in a range of ways: an online survey to which 8,500 people responded; round-table discussions with the disability community and with experts; Indigenous-led consultations on a separate track of consultation; and an online petition signed by nearly 18,000 people that the other place received.

This is hardly surprising when one considers the statistics mentioned earlier. Each one of those statistics is a person with a disability, struggling to cope in really difficult circumstances. There are many everyday costs related to a disability that are not there for others, including housing, medical expenses and disability supports. Of course, it is not just about the money. Poverty takes a ruinous toll on mental health. Hopelessness, exhaustion, anger — these best describe the emotional turmoil of being a person with a disability with seemingly no way of getting out of poverty.

Finally, to make a long story short — I said that in a speech recently, and someone in the audience yelled out, “Too late for that!” If you said it today, you would be right as well.

Many parliamentarians in the other place played a meaningful role in bringing this legislation to us — MPs Bonita Zarrillo and Mike Morrice in particular. I would like to especially acknowledge the work and efforts of the Minister of Employment, Workforce Development and Disability Inclusion in getting us close to the finish line. As Minister Qualtrough said in the other place:

The ultimate goal is to improve the lives of hundreds of thousands of persons with disabilities. Disability Inclusion: This is the kind of Canada we are—the kind of Canada we should always do our very best to be.

In closing, I want to take a moment to personalize my remarks. I want you to think about someone you know. We all know someone — a friend, an acquaintance, a family member — with a disability. The struggles they face. The challenges they must overcome, often with your love and support. The strength and perseverance they show just to survive in an often unwelcoming world. My daughter Kelly and her friends come to mind as heroes to me in this respect.

Someone once said, wisely I think, “Sometimes the things we cannot change, end up changing us” — for the better. That is so with my daughter Kelly and so many of her friends. I am grateful for that, as I know to be the case for so many of you in the relationships you have in the world.

In my family, we are fortunate. My daughter won’t need this benefit to manage in the world. She is nevertheless a great champion of what we are doing in the Senate today and in the days ahead. I would not want it, or her, to be any other way. Some anonymous person once said, “I wouldn’t change you for the world, but I would change the world for you.”

Well, in a meaningful way, we have a chance to do just that — to change the world for hundreds of thousands of our fellow citizens who really need us. What an opportunity. What an honour.

With that, colleagues, I respectfully ask you to consider and pass this legislation in a timely fashion. Thank you.

Hon. Brent Cotter: Honourable senators, my question is for the Government Representative in the Senate. In light of the statements by Senators Bernard and Petitclerc earlier today, this seems an appropriate question to ask today. Bill C-35, the Canada disability benefit act, was tabled in the other place on June 22, 2021. Admittedly, this was far too late for it to be considered and passed before the election arrived, but it was certainly a signal to the disability community of our government’s commitment. The bill states, “. . . to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit . . . .”

The preamble sets out all the very good reasons why this is a critically important piece of legislation for people with disabilities and their families. Even some Government of Canada websites note the fact that as many as 6 million Canadians over the age of 15 suffer from a disability and that they are far more likely to live in poverty due to social and economic exclusion. Yet there was no reference in the Throne Speech to our government’s intentions in relation to this legislation and, with ministers’ mandates not yet public, there is no assurance that this continues to be a government priority.

Can you confirm that, having raised the expectations of 6 million Canadians and their families, a commitment to this legislation remains a government priority?