Bill C-22

Canada Disability Benefit Act

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

This enactment establishes the Canada disability benefit to reduce poverty and to support the financial security of working-age persons with disabilities. It sets out general provisions for the administration of the benefit and authorizes the Governor in Council to implement most of the benefit’s design elements through regulations. It also makes a consequential amendment to the Income Tax Act .

Canada Disability Benefit Act

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

Mr. Speaker, absolutely, we look forward to working with all our provincial and territorial partners. We look forward to working together with all members of the House on passing Bill C-22. We share the urgency I hear in the member's voice as well. This is the reason we are debating Bill C-22 as the first piece of legislation on the very first day of the sitting of the House for the fall Parliament. It really highlights the urgency shared on this side of the House. We know and we hear that urgency is also reflected and being voiced on all sides of the House as well.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, the Liberals have been promising help for people with disabilities ever since I was elected seven years ago when they were first elected as a government. During COVID, the Liberals treated people with disabilities more or less as an afterthought, and when they did receive a benefit, only a third of the people who should have received the benefit actually received it.

Could the parliamentary secretary tell me if all the people who need this benefit will get it? Will it be adequate and will it be prompt? Will we have to wait three years, as the minister has suggested?

[Irek Kusmierczyk, Liberal, Windsor—Tecumseh, ON]

Mr. Speaker, certainly that is the objective of the legislation and of this government. When Bill C-22 passes, the Canada disability benefit will be enshrined in legislation. It will secure and anchor it. With this legislation, the train is firmly on the tracks. It is up to us, as members of the House, to see how fast and how far the legislation goes.

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, since the beginning of our mandate, the Prime Minister has made it clear many times that disability inclusion and accessibility are a key priority.

Since 2015, we have committed $1.1 billion in funding to ensure greater accessibility and supports for Canadians with disabilities, and we have made huge strides in breaking down barriers. This includes appointing Canada's first-ever cabinet minister responsible for persons with disabilities, passing and implementing the historic Accessible Canada Act and establishing Accessibility Standards Canada.

It also includes acceding to the Marrakesh Treaty, which makes the production and international transfer of accessible books for people with print disabilities easier, and the optional protocol of the United Nations Convention on the Rights of Persons with Disabilities, strengthening the protection of human rights for persons with disabilities in Canada.

In 2019, when the Accessibility Canada Act came into force, the government focused its efforts on identifying, preventing and helping remove barriers to accessibility. We are communicating to Canadians how we are shortchanging the economy and ourselves if we exclude people. We have removed barriers to employment, making buildings physically more accessible and making accessibility and inclusion part of the design and the delivery of our services and programs.

Then the pandemic hit.

It is clearly documented that the COVID-19 pandemic disproportionately affected the health, social and economic well-being of those individuals living with disabilities. However, even before the pandemic, persons with disabilities suffered from long-standing inequities, and COVID made these inequities worse.

It is for this reason that we have taken a disability inclusive approach into our pandemic response by setting up a COVID-19 disability advisory group and providing a one-time payment to persons with disabilities.

In 2020, we committed to developing a disability inclusion action plan, the DIAP, and that work is being finalized. The DIAP is a blueprint for the change to make Canada more inclusive of persons with disabilities. It has four pillars: financial security, employment, accessible and inclusive communities, and a modern approach to disability.

At its core, the plan is simple, and that is to improve the lives of Canadians with disabilities. However, the work required to accomplish this, to make Canada inclusive, fair and free of physical, societal and attitudinal barriers, will be extensive.

The bill before us today represents bold action on the first pillar of the plan, namely that of reducing poverty and providing financial security to persons with disabilities. Consultations with Canadians on the disability inclusion action plan show that poverty and financial security of persons with disabilities are overwhelming priorities, and the proposed benefit, a cornerstone of the action plan, would help respond to these concerns.

We recognize that not all persons with disabilities are able to be gainfully employed and others are not able to work at all. The objective of the proposed benefit is to improve the financial security of individuals in these situations.

We are also taking action on the second pillar of the action plan, employment, which is critical to financial security of persons with disabilities.

Budget 2022 recently provided more than $270 million toward the employment strategy for persons with disabilities, and that strategy has three prongs: first, to help persons with disabilities gain jobs, advance in their careers or become entrepreneurs; second, to support employers as they develop inclusive workplaces; and third, to aid organizations and individuals who are helping persons with disabilities find employment.

Most recently, the minister launched a call for proposals under the opportunities fund for persons with disabilities to fund up to 180 projects that would help people find and keep jobs, and that is not all.

We have modernized and increased support for the enabling accessibility fund, or EAF. The EAF provides money for projects that make Canadian communities and workplaces more accessible for persons with disabilities. It aims to give persons with disabilities a greater chance to be a part of community activities and to get the services they need to find work.

The EAF provides money for three types of projects. First are youth-led projects of up to $10,000 that help persons with disabilities in their communities. Some supported activities have included the purchase of para hockey sleds, construction of raised gardens in community gardens and the creation of an accessible sensory room. Second are grants of up to $100,000 to fund infrastructure and construction projects and information communications technology projects that improve accessibility in communities or workplaces. The funds have supported building ramps, accessible doors, accessible washrooms, installing screen reader devices and hearing loop systems, and constructing a specially designed office. Third, there are also large contributions of up to $3 million to support larger projects. Last year, we added a simpler method for people to apply for funding to pay for single items such as accessible doors, accessible washrooms, ramps and the like.

I know that many of us in this House have had projects funded by the EAF in constituencies, and I know that the Minister of Employment, Workforce Development and Disability Inclusion and many of our colleagues have had a chance to visit these projects in our communities. We have heard first-hand how these investments have improved accessibility for Canadians with disabilities. In budget 2022, we proposed to make new investments in accessible books, including the creation of the new equitable access to reading program, which would enable people with print disabilities to better participate in our society and economy. This is all part of the work we are doing to include Canadians with disabilities in all aspects of everyday life.

In spite of the pandemic, we have also taken significant strides in implementing the Accessible Canada Act. The Accessible Canada Act regulations, published in December 2021, marked the first step in operationalizing the act. These regulations require over 5,000 federally regulated entities to publish plans indicating how they plan and intend to proactively identify, remove and prevent barriers to accessibility and to outline how they will report their progress as well as how they will establish feedback mechanisms by which persons with disabilities can provide input.

Most recently, we have appointed Stephanie Cadieux as the first-ever accessibility officer, and shortly after, Michael Gottheil was named as the first accessibility commissioner within the Canadian Human Rights Commission to enforce compliance with the Accessible Canada Act and its regulations.

With regard to standards, in 2019 we established Accessibility Standards Canada, whose board of directors is primarily comprised of persons with disabilities. It is working with disability communities, industry and other partners to create national accessible standards that aim to raise the bar in terms of the requirements and approaches to the seven priority areas that are set out in the act, namely transportation, employment, information and communication technologies or ICT, communications other than ICT, the built environment, the design and delivery of programs and services, and the procurement of goods and services and facilities. The accessibility standards are a critical part of a barrier-free Canada for persons with disabilities, because while they are norms, they are not the law and they have the power to drive widespread adoption of inclusive design.

Accessibility Standards Canada is looking at setting norms for plain language on forms and websites, how we shape our outdoor spaces from sidewalks to parks, emergency egress and how people with disabilities can get out of buildings in a hurry if needed, as well as removing physical barriers that prevent persons with disabilities from accessing the workplace—

[The Deputy Speaker, Conservative, Chris d'Entremont]

I hate to cut the member off, because he was doing such a great job of using up all the time that was available to him. I want to thank the member for his intervention.

Questions and comments, the hon. member for Sarnia—Lambton.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, there have been numerous comments today about how Bill C-22 is missing the eligibility criteria of who will receive the benefit, yet in Canada we have many insurance companies that provide disability benefits and have a comprehensive list of who qualifies for those.

Has the government consulted with these people, or would the government consider doing that, so that we could include eligibility criteria in Bill C-22?

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, I certainly enjoyed working with the member opposite on the HUMA committee.

In terms of the criteria she is inquiring about, as we had said earlier, we are going to be developing the criteria through consultation, including with persons with disabilities. I think it was Napoleon who said, he who sits in the saddle best knows where it pinches. In this case I think we should be consulting with the people who are most affected. We certainly are engaged in the process of doing so.

[Luc Thériault, Bloc, Montcalm, QC]

Mr. Speaker, I have been listening to the debate since this morning, and I think that many members agree on the principle of this bill. However, the bill basically says nothing about the terms and conditions, criteria, process or accountability in particular.

According to my colleague, what mechanism will enable parliamentarians to measure the effectiveness of the regulations that will be enacted to ensure they uphold the fine principle we are discussing this morning?

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, I also had the opportunity to work with the member opposite on the health committee, and I certainly appreciate his contributions in those areas as well.

In terms of accountability, with 30 years of banking experience, in my mind, of course accountability has to be critical. It is important that we set out expected outcomes and that people put together plans that measure against those expected outcomes. I fully expect the government will do so, and I am convinced we will develop a good plan and great criteria once we have finished consulting with people who have disabilities and the organizations that represent them. We will see what is important to the people who would be the beneficiaries of the program, and we will certainly set out to make sure we satisfy those needs.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, given the high levels of poverty people with disabilities face, the fact that they are often living shadow lives of what they should be able to because of the fundamental inequities, I am very wary about making promises that cannot be delivered. My question to the member, in terms of this legislation, is about a credible plan to actually get it to people and ensure, particularly in my region of Ontario, that it will not be clawed back by the Doug Ford government. We have seen it go after poor people relentlessly. People are not able to pay their rent. People are not able to live in dignity. What steps can we see in this legislation that would protect people on disability from suffering these provincial clawbacks?

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, coming from Ontario, I understand what the member is referring to. I might add that, during the previous campaign, in the town of Newmarket there was one elected on that member's side all the way down in Newmarket, Ontario, so I thought it was great to see that. However, in terms of the experience of having these clawbacks, there have been extensive discussions with all of the ministers within the provincial areas, and this program is intended to be incremental, not substitutional. The negotiations will not go forward until the incremental portion is solidly part of the program.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I am very surprised the bill is basically empty and will await regulations to tell us what we already know. There are already people in Canada on the disability tax credit. They need to have those benefits increased substantially. Why would we impose needs-based testing on people who need help now?

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, I think it is important we focus our resources on where the needs are most critical, and there needs to be a process to do so. In order to do that, there needs to be a needs-based testing program. I understand there is a critical need, and this program is intended to support people who have critical needs, such as people who are marginalized. People with disabilities certainly are highly represented in that area.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Mr. Speaker, I will be sharing my time with the member for Pitt Meadows—Maple Ridge.

We are here today talking about Bill C-22, an act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit. I am generally in favour of that and supportive of this draft legislation. We all want to see all Canadian citizens, regardless of their level of ability, able to participate fully in our economy and to be active participants in our society.

To start off, I am going to give a big shout-out to the many great organizations in my riding of Langley—Aldergrove that are doing the important work of helping people with disabilities, organizations like the Langley Pos-Abilities Society, which focuses on people's abilities rather than their disabilities. I was a participant in a competition put on by this organization a couple of years ago at a public event in one of our parks, where one of the tests was for us, in wheelchairs, to negotiate ourselves around some obstacles, such as opening a door, getting through it and pulling ourselves up a ramp. There was another test that required us to put something very technical together while blindfolded. There was yet another test that I recall that required us to do a simple task like putting butter on our toast with our dominant hands tied behind our backs. Coming out of that, I had a new respect for people who struggle with disabilities in their everyday lives, but also for the great organizations that work with them.

When looking at Bill C-22, I was happy to see that it is premised on the constitutional concept of equality, so I thought I would look at this draft legislation from a constitutional perspective. The preamble section, which is a very important part of any legislation, talks about the UN Convention on the Rights of Persons with Disabilities. That document recognizes the “equal and inalienable rights of all members of the human family”. The preamble of the bill also talks about our own Constitution, the Charter of Rights and Freedoms, specifically section 15, which is our equality section. Section 15 says, “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination”, and there is a list of enumerated things that cannot be discriminated against, including mental and physical health, which brings us to Bill C-22.

The Canadian Charter of Rights and Freedoms has been with us for 40 years. It is instinctive for us now. It is part of the world view that shapes our sense of justice and how the government should interact with its citizens. However, even though it is instinctive, it does not mean that it is simple. It is a very complicated question. Anytime we talk about equality, it opens up questions like how proactive the government must be to ensure that all citizens have equal opportunities or perhaps equal outcomes of their programs, or does section 15 simply mean that a law, once passed, must not contravene or breach section 15.

To underline the complexity of this principle, which has not just been invented recently, Nobel Prize-winning author from the late 19th century and early 20th century, Anatole France, put it this way, sarcastically of course, in majestic equality, laws “forbid rich and poor alike to sleep under the bridges, to beg in the streets, and to steal their bread.” We have an instinct that says that equal treatment is not always fair, and fairness is not always equal.

There is a British Columbia case that went all the way to the Supreme Court of Canada that really underlined that principle. A young woman, healthy and fully able-bodied, wanted to work for the B.C. forest fire service and passed all the requirements, except for one. She failed the test under the uniform minimum aerobic standards for firefighters. She simply was not strong enough. She challenged this under section 15 of the charter. The B.C. government argued, saying it did not contravene section 15 at all because it applied equally to men and women. The Supreme Court of Canada saw through that and said, no, it has a disproportionate discriminatory effect on women. That case is important for this proposition. Courts should look not only at how a law is applied but also its effect on individuals.

With all of this background, I picked up Bill C-22 with a great deal of interest, to see how it would tackle these complex legal questions, and the answer is that it would not at all. This bill dealing with such an important and complex question is scarcely six pages long. One page is the preamble, which I have already mentioned. There are a couple of pages about some technical things. There are two pages, fully one-third of this draft legislation, that talk about the regulatory power that this Parliament is being asked to give to cabinet.

I was very happy to hear the minister and also the parliamentary secretary say that one of the reasons they wanted to give cabinet such broad regulatory power was to ensure that there would be consultation with people affected by it. I completely agree with that. I might just add as a side note that I was very happy to hear that my friend, Stephanie Cadieux, formerly an MLA from my neighbouring riding, has been appointed to this, so I am somewhat more optimistic that the government is now going to do a good job. However, I am really puzzled as to why, wanting to consult with the community that is going to be most affected by this, the government thinks that it is appropriate to bypass the important work that this Parliament does.

I said that I am supportive of this legislation. I really am. I will be voting in favour of it at second reading, together with my colleagues, to bring this to committee. However, coming out of committee, I would expect that these important questions are going to be answered. They have been raised by many of the previous speakers, including questions like how we should define disability, who qualifies for the benefit, how much the disability benefit is going to be in dollars and cents, what it is going to cost the government coffers, whether there will be means testing and who would get to qualify. We want to help disabled people, but are we going to be helping rich people? Will there be clawbacks?

I was talking to my brother just the other day. He was disabled by Parkinson's, and I told him that we were going to be talking about this topic this week. He said that, whatever we do, we should make sure workers are not disincentivized from working. I happy to hear the minister say that would not be the case, although the legislation does not actually say that. I think she is saying to trust that they are going to do it right.

Parliament has a very important function, which is to review legislation. So far, it looks like what the government is asking for is a blank cheque to be able to do the work behind closed doors, and the Liberals are just saying for us to trust the government to get it right. We are going to be looking to the committee to have a thorough review of this legislation, and we will be looking for answers to these very important questions.

I might add just one more point, which is that my province, and I am sure every province, has some sort of a program to help disabled people. We are not hearing anything about how this Canada disability benefit program would mesh with provincial jurisdictions and organizations. Is there going to be a whole new federal bureaucracy to manage this? These are the questions we need answers to.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Mr. Speaker, just picking up on the last point that the member made with respect to the provincial jurisdiction and other supports that might be coming from provinces, I am curious. Would the member agree that it is very important that whatever is rolled out from the federal government is not used as an opportunity to roll back at the provincial level? We need to safeguard any benefits that would be coming from the federal level to ensure that those are not just opportunities for the provinces to look for savings, but in fact that this would be something that builds upon anything that might exist within a province. Would he agree that this should be important when considering this legislation?