Hon. Ratna Omidvar moved the adoption of the report.

She said: Honourable senators, I feel that I’m stepping into sensitive territory here. The Standing Senate Committee on Social Affairs, Science and Technology has put a request before the chamber that was approved by the steering committee of the Social Affairs Committee, by the Subcommittee on Senate Estimates and then by the Internal Economy Committee.

Hon. Ratna Omidvar moved 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.

Hon. Ratna Omidvar moved the adoption of the report.

She said: Honourable senators, Bill S-208 was referred to the Standing Senate Committee on Social Affairs, Science and Technology for second reading on April 7, 2022. It proposes a declaration on the essential role of artists and creative expression in Canada, which would be implemented through an action plan under the direction of the Minister of Canadian Heritage.

Over the course of two meetings, the committee heard from the sponsor of Bill S-208, our colleague the Honourable Senator Bovey, in addition to stakeholders from Canada’s arts and cultural communities.

On behalf of the committee, I would like to thank those witnesses for sharing their time and stories with us.

The committee is recommending four changes through two amendments to Bill S-208 that reflect the testimony and discussions that we heard. Three changes were made to reflect the role of Canada’s two official languages in arts and culture. A new paragraph was inserted into the preamble to acknowledge that English-speaking and French-speaking artists are integral parts of the two official-language communities of Canada and should therefore have equal opportunities to pursue their artistic endeavours in order to enhance the vitality and development of English and French linguistic minority communities.

In proposed subclause 4(2)(d.1), the Minister of Official Languages was added as a mandatory party to consultations that will be undertaken by the Minister of Canadian Heritage to implement the declaration. Subclause 4(3) defined certain measures that the Minister of Canadian Heritage must consider while developing the action plan. In particular, paragraph 4(3)(g) mandates that the Minister of Canadian Heritage must “encourage greater investment in all areas related to artists, the arts and creative expression in Canada.”

In keeping with the previous amendments, an additional proposed subparagraph 4(3)(g.1) specifies that French-speaking artists, and organizations representing those artists, also be given specific consideration.

Finally, the committee is recommending an additional subparagraph, 4(3)(g.2), which specifies that artists who represent the ethnic and racial diversity, and all other diversities of Canada, and organizations that work on their behalf, also receive specific consideration for greater investments.

In addition, the committee appended three observations to the report. The first observation is that some committee members had questions that they hoped to have been answered by the Department of Canadian Heritage itself. Although invited, the committee did not hear from the department on Bill S-208, and it therefore did not have the opportunity to understand the potential impact of this legislation on department policies and programs. They were given every opportunity to appear.

Second, witnesses discussed the lack of a national cultural policy framework in Canada, despite historical attempts to develop such a policy. The committee recognized this gap and therefore included an observation stating the need for the Government of Canada to develop a national cultural policy framework in consideration with the provinces and territories, and with all art groups.

Finally, the committee heard from various witnesses that the current arts and culture funding regime is not always equitable. In particular, concerns were raised about Indigenous, racialized, disabled, senior and LGBTQ2+ artists and organizations representing them, as well as new and emerging artists. The committee acknowledges those challenges and urges the Government of Canada to ensure equitable funding for emerging artists and organizations, and established artists and organizations.

Finally, colleagues, I wish to thank Senator Bovey for her incredible leadership in bringing us to where we are now. Congratulations, Senator Bovey. Thank you.

[Translation]

Hon. Ratna Omidvar moved the adoption of the report.

She said: Honourable senators, Bill S-203, An Act respecting a federal framework on autism spectrum disorder, provides the legislative foundation for the development of a federal framework on autism spectrum disorder.

This bill was referred to the Standing Senate Committee on Social Affairs, Science and Technology for second reading on December 8, 2021. Over the course of two meetings, the committee heard from the sponsor of Bill S-203, the Honourable Senator Leo Housakos; and our former colleague the Honourable Jim Munson; as well as 12 individuals and five organizations. On behalf of the committee, I would like to take a moment to thank all those witnesses who shared their knowledge and their lived experience with us, acknowledging in particular the voices and perspectives of autistic self-advocates.

The committee is recommending several amendments to Bill S-203 that reflect the testimony and discussions we heard.

Witnesses all agreed on the important role of autistic self-advocates, their families and caregivers, both in the consideration of Bill S-203 and the proposed federal framework to follow.

Two amendments emphasizing the central role are therefore suggested by the committee. In the preamble, an additional paragraph is recommended stating that “. . . the development of that federal framework would benefit from the involvement of autistic Canadians, their families and their caregivers . . . .”

The second proposed amendment makes changes to the list of relevant stakeholders with which the Minister of Health must consult in advance of developing the framework. Clause 2(3)(c) now specifies the consultation of self-advocates, caregivers and support persons, in addition to adding service providers and representatives from Indigenous communities.

At committee, autistic self-advocates discussed the importance of the choice of language and vocabulary, and also emphasized the diversity of their lived experiences. The committee is therefore recommending an amendment to the second clause identifying the measures to be included in the framework. The proposed amendment strengthens clause 2(2)(d), emphasizing acceptance of autism spectrum disorder as well as intersectionality and inclusivity.

Once again, the committee would like to thank Senator Housakos for his long-time advocacy and work on supporting the community of autistic people in Canada. In his testimony, he stressed the important work to come in the consultation phase and eventual drafting of the framework, and thus stated that the bill is only a starting point and he had intentionally made it open-ended. Witnesses shared that they appreciated that Bill S-203 was not overly prescriptive or limiting in their future work.

However, the committee is recommending two amendments that ensure that the Minister of Health will have all available opportunities for a fulsome consultation and implementation of measures in the framework, adding language that the minister may also include anyone and anything else that he or she considers appropriate at those stages.

Finally, based on testimony we heard about current challenges in research, diagnosis, information and treatment of autism, two amendments were recommended for the proposed measures to be included in the federal framework. An additional measure has been added to address the current challenges in timely and equitable access to screening and diagnosis, and the existing measure (e) is further refined to specify providing sustained, accessible and culturally relevant resources, both online and offline, that focus on evidence-based information.

Hon. Ratna Omidvar moved the adoption of the report.

She said: Honourable senators, Bill S-209, An Act respecting Pandemic Observance Day, would designate March 11 of every year as an annual pandemic observance day. Bill S-209 was referred to the Standing Senate Committee on Social Affairs, Science and Technology on December 9, 2021. Over the course of two meetings, the committee heard from the sponsor of Bill S-209, our colleague the Honourable Senator Mégie, in addition to eight witnesses representing six different organizations. On behalf of the committee, I wish to thank the sponsor and all witnesses who assisted the committee in our study of the bill.

Based on the testimony received, the committee is recommending one amendment to strengthen the preamble of the bill, explicitly acknowledging the disproportionate effect of the pandemic on certain populations, and adding language around the intent of pandemic observance day. Many witnesses discussed the disproportionate impact of the COVID-19 pandemic on vulnerable populations, including Indigenous peoples, racialized communities, elderly people and members of the LGBTQ2+ communities. The committee also heard the importance of validating diverse lived experiences by including more specific language in the bill.

As amended, the preamble now acknowledges the multi‑dimensional effects of the pandemic on every person in Canada in addition to stating that this pandemic has worsened the various forms of inequality in Canada and has had a disproportionate impact on vulnerable people within society and members of historically disadvantaged groups.

The committee heard from the bill’s sponsor, the Honourable Senator Mégie, that pandemic observance day would have three purposes: recovery, remembrance and preparation for the future. The committee heard from witnesses that they appreciated this intent and found that it could be stated more explicitly in the bill.

The preamble, as amended, emphasizes that the pandemic observance day would give the Canadian public an opportunity to commemorate the efforts to get through the pandemic, to remember its effect and to reflect on ways to prepare for any future pandemics.

Thank you.