Hon. Marc Gold (Government Representative in the Senate): Senator, thank you for your question and for, again, reminding this chamber of the challenges that communities in the North face, in this case with transportation and the costs associated with that.

I will certainly make inquiries with regard to your question, and I hope to have an answer soon.

Senator D. Patterson: Thank you. Senator Gold, the only check on the staggering 25% increase — potentially per year — in passenger fares and cargo rates is that the Minister of Transport will review the airline’s financial statements every quarter and pay for an independent audit in order to ensure the monopoly does not make an overall profit of more than 10% each year.

Will the Minister of Transport provide a compliance report on the independent audits to advise the public whether Canadian North has met the criteria for profit, passenger fares and cargo rates?

Hon. Amina Gerba: My question is for the Government Representative in the Senate. Senator Gold, in my former life as an entrepreneur, I saw just how long it took to process visa applications and how many of those applications were denied. As a result, we have missed out on the participation of many Africans in our cultural and economic events.

This situation has been going on for decades and is only getting worse. Recently released figures indicate that a person from Senegal or Gabon who wishes to come to Canada must wait 320 days for an answer they cannot appeal, whereas an Indonesian visa applicant must wait only 11 days for a response.

Senator Gold, why the disparity in processing times, and what is the government doing to change this discriminatory policy, which is having a negative impact on our international events, particularly in Montreal?

Hon. Marc Gold (Government Representative in the Senate): Thank you, colleague, for raising this issue. Generally speaking, the government takes all necessary steps to reduce backlogs in the short term while making our system more sustainable in the long term.

Senator, Immigration, Refugees and Citizenship Canada recognized, and I quote, “the presence of racism in Canada and within [its] own organization.”

The department is taking measures geared at achieving racial equity. I have been assured that each case is assessed on its merits fairly and in accordance with Canadian laws. The government has clearly indicated that all applications must be treated impartially and professionally.

Hon. Percy Mockler: Leader of the Government in the Senate, the federal government has been talking about the Atlantic Loop for many years now. This morning, one of the great Canadian journalists, Adam Youris, reported that Prime Minister Trudeau was in Nova Scotia on the weekend to participate in the Atlantic Economic Forum. The Prime Minister took the opportunity to talk about the Atlantic Loop project, which will have a significant impact, especially on the Atlantic provinces. We’re talking about a multi-billion-dollar project that would make Atlantic Canada a clean energy powerhouse.

Could the government leader give us an update on the proposed project? What options have been put on the table in order to carry out this project that is vital to all of the Atlantic provinces?

Hon. Marilou McPhedran: My question is to Senator Gold, please. It relates to the follow-up to Bill C-65.

In 2008, Canada committed to addressing the pervasive problem of workplace violence and harassment by enacting Bill C-65 with new reporting requirements in the Canada Labour Code, such as tracking occurrences of sexual violence, discrimination and harassment in federally regulated workplaces, including in this place for the first time.

Given the dearth of Canadian data on workplace harassment and violence and the severe effects on the affected workers, who are disproportionately women, members of visible minorities, persons with disabilities and gender-diverse people, this new law promised to shine a light on the nature and prevalence by requiring federal employers to submit annual reports to the minister and by committing the Minister of Labour to table annual reports in both houses of Parliament, summarizing the information submitted by employers. However, annual employer monitoring and reporting was delayed nearly three years after Bill C-65 became law.

As the five-year anniversary approaches since the bill came into force, and two employer reporting cycles have now come and gone, Canadians have yet to see the publication of any report by the Minister of Labour on the results of monitoring efforts so essential for strengthening harassment and violence prevention efforts and holding perpetrators accountable.

Senator Gold, why has the government delayed addressing the prevalence of federal workplace harassment and violence, in particular, sexual misconduct? When can Canadians expect to see the Minister of Labour’s overdue reports? Will the minister’s reports note if non-disclosure agreements have been secretly used to settle sexual misconduct complaints?

Hon. Patti LaBoucane-Benson (Legislative Deputy to the Government Representative in the Senate): Honourable senators, pursuant to rule 4-13(3), I would like to inform the Senate that as we proceed with Government Business, the Senate will address the items in the following order: consideration of Motion No. 1, followed by consideration of the message from the House of Commons concerning Bill C-22, followed by second reading of Bill C-51, followed by third reading of Bill C-47, followed by consideration of Motion No. 110, followed by all remaining items in the order that they appear on the Order Paper.

[Translation]

On the Order:

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That the following Address be presented to Her Excellency the Governor General of Canada:

To Her Excellency the Right Honourable Mary May Simon, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty’s most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question and for highlighting the important issue of ensuring that those workplaces within the federal jurisdiction are safe, secure, healthy places for all who work there.

I will make inquiries with respect to your specific questions and hope to have an answer as quickly as possible.

Hon. Marc Gold (Government Representative in the Senate): Yes, the minister received and read his mandate letter. He introduced an important bill, Bill C-21, which has the support of several opposition parties, but unfortunately not that of the official opposition. The bill also has the support of communities affected by gun violence. I look forward to the speeches at second reading in this chamber.

As for the other aspects of your question, I’ve responded to them several times. Yes, he received and read his mandate letter, and the government is confident in Mr. Mendicino’s work.

Hon. Senators: Hear, hear.

Hon. Patti LaBoucane-Benson (Legislative Deputy to the Government Representative in the Senate) tabled the reply to Question No. 225, dated March 30, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding Polar-class icebreakers.

Hon. Ian Shugart: Honourable senators, I feel privileged to rise to speak in this chamber for the first time today.

Hon. Patti LaBoucane-Benson (Legislative Deputy to the Government Representative in the Senate) tabled the reply to Question No. 228, dated April 19, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Wells, regarding salmon farming licenses.

Hon. Patti LaBoucane-Benson (Legislative Deputy to the Government Representative in the Senate) tabled the reply to Question No. 191, dated January 31, 2023, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding Global Affairs Canada — Havana Syndrome.

Hon. Marc Gold (Government Representative in the Senate) moved:

That, in relation to 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, the Senate:

(a)agree to the amendments made by the House of Commons to its amendment 3; and

(b)do not insist on its amendment 2, with which the House of Commons disagrees; and

That a message be sent to the House of Commons to acquaint that house accordingly.

He said: Honourable senators, I rise today to speak in support of the amended version of Bill C-22, the Canada disability benefit act, and respectfully ask senators to accept the message from the other place. Let me begin by thanking the bill’s sponsor, Senator Cotter, for his tireless work in getting this bill to the finish line.

Colleagues, Bill C-22 was sent to us earlier this year after it was adopted unanimously in the House of Commons. The Standing Senate Committee on Social Affairs, Science and Technology held over 10 meetings on the bill, with 7 meetings of testimony from 44 witnesses, and received 48 briefs, hearing from many important voices in the disability community and identifying ways in which the bill could be enhanced. After carefully examining the bill, the committee adopted six amendments, which were returned to the other place.

[Translation]

On behalf of the government, I want to thank the committee members for their important work and for providing members of the disability community with a forum where they can share their stories, their views and their expertise on the purpose of the disability benefit and how it works.

[English]

In response to the Senate’s work, the government has accepted amendments 1, 4, 5 and 6 without change, accepted amendment 3 with modifications and has respectfully opposed amendment 2.

[Translation]

The government agrees with amendment 1 proposed by Senator Dasko because it strengthens the wording of the bill’s preamble. The committee heard a number of witnesses talk about the additional barriers faced by women, racialized Canadians and Indigenous people with disabilities. Recognizing these barriers in the preamble reinforces the intent of the bill.

[English]

With respect to amendment 4, which was introduced by Senator Lankin, the government agrees with this amendment. This change amends clause 11 of the bill, which outlines the amount of the benefit which will be prescribed by the regulations. Originally, clause 11 of the bill stated that the official poverty line as defined in section 2 of the Poverty Reduction Act must be taken into consideration when determining the amount of the benefit. This amendment further strengthens the bill by adding additional factors that must be considered when determining the amount of the benefit.

They are as follows:

(b) the additional costs associated with living with a disability;

(c) the challenges faced by those living with a disability in earning an income from work;

(d) the intersectional needs of disadvantaged individuals and groups; and

(e) Canada’s international human rights obligations.

This amendment would serve to improve the regulatory process that is to be co-developed with the disability community, and reflects testimony heard at the Standing Senate Committee on Social Affairs, Science and Technology.

The government also accepts amendment 5, proposed by Senator Petitclerc, as it further clarifies the original intent of amendments adopted by the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities during their consideration of the bill. This amendment would enable the Governor-in-Council to fix a date of the coming into force no later than one year after Royal Assent. This means that it could, in fact, be earlier than a year, but not longer than a year either. The government remains committed to co-developing the regulations with the disability community and having this benefit accessible to people as quickly as possible.

[Translation]

Finally, the government accepts amendment 6, as it agrees:

 . . . with the Senate proposal to make any necessary consequential changes to the numbering of provisions and cross-references resulting from the amendments to the bill;

[English]

Colleagues, the government understands and appreciates the intent behind amendment 2, which attempts to deal with clawbacks by private insurance companies. However, as has been previously identified and as I stated at committee, the government remains concerned with regard to the constitutionality of these provisions, as it would result in the federal government regulating the dealings of the insurance industry, which falls under exclusive provincial and territorial jurisdiction. I understand that Senator Cotter, given his considerable legal expertise, will address this issue more deeply as part of his remarks.

That said, the government certainly has concerns, and stakeholders have concerns, over how the private insurance industry will react to the introduction of the Canada disability benefit, and those concerns are not unfounded. The Minister of Employment, Workforce Development and Disability Inclusion is acutely aware of the potential for clawbacks and has committed to further engaging the private insurance sector once Bill C-22 is passed to ensure that the benefit is understood as a poverty-reduction measure meant to supplement existing disability benefits and supports — and that includes private disability insurance.

[Translation]

The government’s objective is to work with the private insurance sector and other providers of existing benefits and supports to achieve the main objective of the Canada disability benefit, which is to reduce poverty and to support the financial security of working-age Canadians with disabilities.

[English]

I’ll now turn to amendment number 3, as proposed by Senator McPhedran, which is about the appeal process.

The government has noted that this amendment makes some excellent points and most certainly strengthens the bill. What the government is now proposing is to build on that amendment and strengthen it even further. Bill C-22 does provide authority for the Governor-in-Council to make regulations respecting appeals. And now, with amendment 3, the bill would also include an explicit right to appeal in legislation. Many stakeholders made clear the need for that during the parliamentary process.

This amendment is aligned with the government’s intention to provide a mechanism for appeals, but the phrasing of the Senate amendment can be understood as suggesting that a right to appeal the decisions would be immediate.

Indeed, it could be construed as suggesting that the regulations could not require a person to first seek a review or reconsideration before appealing, and the government is therefore proposing that the wording of the amendment be clarified to be more specific and provide clearer details on the appeal provisions.

For example, amendment 3 lists two specific areas of appeal, which might raise doubts as to whether further grounds of appeal could be provided for by regulations. The government’s amendment to amendment 3 clarifies and strengthens the wording by widening the potential grounds of appeal as prescribed by regulations. Essentially, the updated amendment would make the appeals mechanism for the Canada disability benefit more consistent with those of Old Age Security and Employment Insurance.

In short, colleagues, the Canada disability benefit has the potential to make a real difference in the lives of working-age persons with disabilities and their families, and to reduce poverty in Canada. We can all agree that no person with a disability should be living in poverty in Canada.

[Translation]

Esteemed colleagues, the disability community and stakeholders have devoted an enormous amount of time, energy and emotion to Bill C-22.

[English]

They provided their expertise in witness testimony at committees, and they recently held a rally on Parliament Hill to ensure this bill is passed quickly. They are counting on us as we approach the finish line.

But it isn’t just Canadians with disabilities who are waiting for us to move forward with the benefit today. It’s their families, their friends and their advocates — people who understand their struggles.

[Translation]

The vast majority of Canadians agree that working-age persons with disabilities need this benefit. We know this because, according to a 2021 Angus Reid poll, almost 9 out of 10 Canadians support this benefit. Our objective, as well as theirs, is to improve the lives of persons with disabilities.

[English]

Therefore, colleagues, I urge you to support the message from the other place so that we can bring this bill one step closer to implementation and, ultimately, Royal Assent. Thank you.

Hon. Donna Dasko: Honourable senators, I rise today to speak to the message sent back to us from the House of Commons concerning the fate of Bill C-22, which establishes the Canada disability benefit. This important bill seeks to reduce poverty and to support the financial security of working-age persons with disabilities through the Canada disability benefit.

Notably, Bill C-22 is framework legislation, whereby the details and elements of the benefit will be developed through regulations and in consultation with the disability community, the provinces and the territories after the legislation is passed.

We learned from testimony at our Social Affairs Committee — for example, from Krista Carr of Inclusion Canada — that 40% of Canadians with a disability live in poverty, and we also learned from the bill’s sponsor, Senator Cotter, that 23% of those who are working age live in poverty. Let’s compare that to the 7.4% of all Canadians who lived in poverty in 2021, and we can understand the great need to take action.

The bill had first reading in the other place a full year ago on June 2, 2022, and it was sent to committee in the other place on October 18, 2022. A total of nine amendments were passed there before arriving here in February and at committee on March 22.

The bill arrived at our Social Affairs Committee with pleas from several major organizations representing those with disabilities, and from the government, to proceed without change. These pleas were accompanied by a substantial email campaign carrying the same strong message.

As committee work proceeded, it became clear, however, that the bill did, indeed, contain flaws and omissions — and several strong advocates came forward to urge that these flaws and omissions be addressed through amendments. Committee members were torn. Should there be amendments or no amendments? Would amendments delay the benefit, or even place the entire bill at risk?

Colleagues, we often receive admonitions to move quickly on legislation; this is not news to anyone. But I have to say that the pressure to review this bill without change was especially strong.

In the end, committee members did present amendments, and six amendments did pass at committee, which deal with vital issues including the following: a specification that the benefit cannot be clawed back by insurance companies; a guarantee of an appeal process; and a recognition that four additional factors — the additional costs associated with living with a disability; the challenges faced by those living with a disability in earning an income from work; intersectional needs; and Canada’s international human rights obligations — must be considered in establishing the benefit. An amendment to the preamble recognized that persons with disabilities may face additional barriers because of their gender, racialized or Indigenous status or other intersecting statuses. Two amendments concerned the timeline and the coming-into-force provisions.

As we know, the government and the other place have accepted five of these six amendments.

I am deeply disappointed that the amendment designed to prohibit clawbacks of the benefit by insurance companies was not accepted. I felt that it was a strong addition to the bill, but it was turned back for reasons related to jurisdiction, which Senator Gold has just explained, so I will not delve into that now.

I am very pleased that the five other amendments were accepted, including an enhanced change to the amendment concerning the appeal process — I think that’s a very positive change.

Before closing, I want to mention two points that particularly caught my attention in the debate on Bill C-22: In her third‑reading speech, Senator Seidman drew our attention to clause 12 of Bill C-22, which calls for a review of the act — after its first anniversary, third anniversary and at each subsequent fifth anniversary — by a committee of the Senate, the House or both. Senator Seidman further drew our attention to a recent article by Charlie Feldman, former Parliamentary Counsel for the Senate, which identified provisions in many federal statutes that call for review by Parliament. Mr. Feldman found 51 such provisions in legislation in the period of January 2001 to June 2021, but he also discovered that many statutory reviews never happened, and others are many years behind schedule. Only 17 of the 51 had resulted in a report.

Colleagues, I know that we’re not looking for more work to do, but it strikes me that vital and necessary work involving statutory review of legislation is not being done, and Parliament needs to step forward.

A second point caught my attention: It was Senator Cotter’s comment — also at third reading — that an appeal process might be considered a matter of natural justice in legislation such as Bill C-22, whether an appeal is stated in law or not. This is an extremely interesting and important observation, which raises questions for me about the circumstances and conditions, in government or elsewhere, where appeal processes might be available to complainants as a matter of natural justice. I look forward to hearing and learning more about this. These are considerations for another day, however, but I thank both colleagues for these interventions.

Most importantly, the debate on Bill C-22 allowed us to learn more about and to understand some of the real challenges of life: the needs and concerns faced by those who live with disabilities. I am grateful to all of our witnesses, all of my Senate colleagues and the many folks who contacted me to express their views about the legislation before us.

I feel we have done some very good work on Bill C-22, and this chamber should be proud of our contribution. I urge acceptance of the message. Thank you.

Hon. Kim Pate: Would you take a question, Senator Gold?

Hon. Rosemary Moodie: Honourable senators, I rise to continue our debate on Bill C-22. I want to thank my colleagues for their comments so far.

Let me state from the outset that I will vote in favour of this message, fully respecting the prerogative of the government and mostly because the disability community has made it clear that they’re satisfied with this bill in its current form.

I want to take a few moments to highlight the important work done by the Standing Senate Committee on Social Affairs, Science and Technology, of which I am a member. Our chair, the Honourable Senator Omidvar, noted clearly in her speech at report stage that our committee heard from 44 witnesses in addition to receiving 48 briefs, seven follow-ups and two letters. I want to add that many of our witnesses were members of the disability community and were given the accommodation needed to fully participate. Many of our witnesses were truly inspiring and went to extraordinary lengths to be with us, to be heard, and I’d like to thank these witnesses for their contributions to our study.

Not only did we study this bill in depth, but many of the committee members met on their own initiative with members of the disabled community for months before the study in anticipation of this bill’s arrival and in acknowledgement of the historic nature and gravity of this bill. Our colleagues on the committee worked diligently and with great insight and understood that our job is to carry the voices and priorities of constituencies, along with the application of our best judgment. That is what we did.

Our colleagues proposed amendments, some of which were rejected, but many were adopted. It was not an easy undertaking. It required the courage to resist the strong internal pressure to simply let this bill pass, to do nothing and let the bill go through without the proposed amendments that we, as a committee, felt were needed based on what we heard from our witnesses, amendments that the government has now, in essence, adopted. You have heard five of six. As Minister Qualtrough put it in her speech in the other place on June 14, “These amendments enhance Bill C-22 in that they add clarity, precision and specificity.”

Bill C-22 is going to impact the lives of millions of people. It will be — putting hyperbole aside — the difference between life and death for many Canadians with disabilities. It will be historic, not just here in Canada but on the world stage. Our contribution of “clarity, precision and specificity” is absolutely critical. In fact, I would argue that this is exactly why our institution exists — to make sure bills are precise, clear and specific for the good of all Canadians, including and especially for those who are vulnerable and who need us to work on their behalf to bring their voices forward.

I want to congratulate our colleagues on the Social Affairs Committee for resisting the pressure to do nothing and for doing what you knew was right despite the often-repeated warning that it would kill the bill. Colleagues, in a few moments we will adopt this bill, and it will become law. It will be a better law because we were unwilling to stand idly by, because we did our job.

Colleagues, we have a privileged and sacred role to play in this place. The Senate has an obligation and a duty to review legislation. Fulfilling our constitutional role must always be front and centre. Sometimes this may mean expediting bills, but I believe, for the most part, it means we must authoritatively, thoughtfully, deliberately and thoroughly consider every bill before us. Senators, that is how we should be, regardless of the pressure we may face to do otherwise.

Bill C-22 proves once more that all Canadians will benefit when we are willing to do what we are summoned to do — to be legislators, to do our part — and this is what I believe Canadians value.

To the thousands of Canadians who continue to email us, urging us to adopt this legislation, continuing to let us know and sharing your concerns — thank you. It is my hope that we have served you well. Like many of you, I was disappointed with the rejection of amendment 2 and believe that the burden to fight to make sure clawbacks do not occur should not be on your backs. Unfortunately, you may still retain that responsibility to ensure that you have full access to this benefit now.

Nevertheless, what I have heard loud and clear is that you are ready to take the next steps to make this benefit what you want it to be. I join with you in calling on the government to put this bill into force on the day it receives Royal Assent and to begin co‑creation of regulations immediately. Should any issues arise, which may happen, you will find many of us here in the Senate of Canada behind you, ready to support you and to see that the full potential of the Canada disability benefit is met.

Thank you. Meegwetch.

[Translation]

Hon. Chantal Petitclerc: Honourable senators, we have heard all that needed to be said about Bill C-22, and so I will be brief. However, I really wanted to rise to speak today.

[English]

Allow me first to thank Senator Cotter for his work as sponsor of this bill in the Senate and, Senator Cotter, for your commitment in the Senate and outside Parliament to persons living with disabilities.

Colleagues, to this day, I remember the enthusiasm in the disability community when, in September 2020, the Canada disability benefit was announced in the Speech from the Throne. We knew then that the goal would be to reduce poverty and that it would be modelled after the Guaranteed Income Supplement for seniors, but we knew nothing about the amount of this future benefit, let alone the eligibility conditions.

Nearly three years later, we still are in the dark about who will be eligible or how much they will receive. However, it must be recognized that the enthusiasm and hope noted in 2020 are still strong and palpable. What I’m hearing is that the community is reassured by the guarantees provided by the amendments made in the House and here in the Senate.

[Translation]

Allow me to acknowledge once again the exceptional work of my colleagues on the Standing Senate Committee on Social Affairs, Science and Technology, who felt that these amendments, which were just today accepted by the House in response to our message, were necessary.

I especially want to thank all the organizations who inspired and motivated us to improve this bill through their briefs, testimony and correspondence.

All things considered, the work we chose to do improved the bill and will better serve the community.

Thanks to the Senate, the appeal process specifically provides for a procedure to deal with decisions made about eligibility for the benefit and the amount to be received.

Thanks to the Senate, the benefit will have to be based on not just the official poverty line but several other parameters as well, in particular additional costs associated with living with a disability and the intersectional needs of disadvantaged individuals and groups, among others.

Thanks to the Senate, the government now has the power to make the required regulations so that payments can commence within 12 months of the coming into force of the bill.

[English]

It’s true, however, that concerns about clawbacks during the implementation of the proposed benefit, especially by private insurers, have not gone away. The government has acknowledged that these fears are well-founded and has said it is aware of this risk. I am trying to be reassured by the minister’s commitment that she will be vigilant to ensure that the concerns expressed during the study do not turn into a sad reality.

[Translation]

In an email to Quebec senators, organizations in Quebec representing hundreds of thousands of people with disabilities and their families, including the Quebec Intellectual Disability Society, the Fédération québécoise de l’autisme and the Confédération des personnes handicapées du Québec, sent the following message:

All but one of the amendments were adopted, and one was the subject of a subamendment. First of all, we are comfortable with the House’s motion. Of course, we would have preferred to have guarantees in the act concerning insurance and the clawback, but the motion remains satisfactory overall.

Other national organizations, such as the Rick Hansen Foundation, the Canadian National Institute for the Blind, Inclusion Canada and the Disability Without Poverty movement, all sent similar messages and agreed that now is the time, following this legislative step, to move on to the next stage to improve the financial insecurity in which hundreds of thousands of Canadians live. I agree with these organizations.

[English]

I was tempted by way of conclusion to use the analogy that we are just about to cross the finish line with this bill, but I realize that this is not the right analogy because, really, this is not the finish line. With Bill C-22 being a framework law, it is fair to say it is now that the work begins.

A better analogy would be one of a relay race. We gave it our best, and it’s now our turn to confidently pass the baton, not just to the government but especially to the ones with lived experience and expertise and to the organizations that were promised that they would be part of co-creating the regulations. These groups wanted their voices to be heard based on the principle of “nothing about us, without us.” We can count on them, and I have confidence that they will carry out this duty with passion, expertise and rigour.

[Translation]

The real finish line will be reached when the first cheques are sent to the beneficiaries — by 2024 we hope.

I therefore invite you, honourable colleagues, to pass the baton by accepting this response, as we have received it from the House of Commons. Meegwetch. Thank you.

Hon. Marilou McPhedran: Honourable senators, hello, tansi.

As a senator from Manitoba, I acknowledge that I live on Treaty 1 territory, the traditional lands of the Anishinaabe, Cree, Oji-Cree, Dakota, and Dene, and the homeland of the Métis Nation.

I also want to acknowledge that the Parliament of Canada is situated on unceded and unsurrendered Algonquin Anishinaabe territory.

[English]

Honourable senators, I rise today to speak to Bill C-22, the Canada disability benefit act, with appreciation to Minister Qualtrough and Senator Cotter, the bill’s sponsor here, for best efforts to shepherd it through the legislative process culminating in our review today.

Many parliamentarians understand how crucial this bill is. It is long overdue and deserves support for the millions of people with disabilities across Canada who live in poverty.

We can be proud of the thorough and thoughtful contributions made by members of the Standing Senate Committee on Social Affairs, Science and Technology, or SOCI, and of the trust placed in us by colleagues in this chamber in their support for these amendments, which result in a stronger Bill C-22 returning to us today with all but one of our six amendments incorporated.

The accepted amendments include an appeal mechanism by which applicants can contest decisions about their eligibility to receive the benefit and the amounts to which they are entitled. Also adopted was the expanded list of factors that must be considered in the benefit calculation, among which are Canada’s poverty line, the costs created by systemic barriers to accessing work, the intersectional needs of applicants and Canada’s human rights obligations as they relate to the disability community.

The final amendments accepted are those that provide for an expedited implementation timeline for the benefit by requiring that all the regulations must begin to pay out under the act and be in place within 12 months of the new act’s coming into force date. These changes bolster this framework act by ensuring crucial implementation mechanisms rather than risking them to the uncertainty of regulations yet to be drafted.

One amendment has been rejected. I doubt Senator Gold intended to ghost me, but it was proposed by me on behalf of disability rights experts and organizations. Proposed for clause 9(c) of the bill, this amendment would have protected recipients of the Canada disability benefit act by preventing private insurance companies from deducting the amount of the benefit paid out under the act from payments made under long‑term disability policies.

These clawbacks by private insurance providers were not discussed in committee in the other place, but they were studied extensively when Bill C-22 was examined by the Senate’s Social Affairs Committee. The amendment to stop rich insurance companies from clawing back the benefit from poor people with disabilities was endorsed by over 40 legal aid clinics, community leaders, academics and disability advocacy groups. On the question of its constitutionality, every provincial trial lawyers’ association in Canada supported the amendment as viable in law.

Therefore, we have before us a bill that enables private insurance companies to claw back the new, publicly funded disability benefit regardless of whether Minister Qualtrough calls it a social benefit or not.

Many private insurance contracts are clear that they can set-off any government benefit, effectively subsidizing private insurers instead of providing additional financial support for members of the disability community as intended by the act.

Colleagues, concerns about industry clawbacks are not far-fetched or hypothetical. Clawbacks are happening now to available public benefits. Old Age Security benefits, for example, are already explicitly set-off from long-term disability payments by many private insurance companies while similar deductions have been made from insurance payouts to recipients of the dependent benefit under the Canada Pension Plan, or CPP.

Further, the courts have sided with private insurers. For example, in a 2008 class action, the court affirmed the legality of deductions from long-term disability payments of this nature absent any provision in either the policy or in the legislation prohibiting it, and private insurers leaped to enforce those deductions through litigation against disabled recipients.

For example, in a case involving the State Farm Mutual Automobile Insurance Company, the appellant’s insurance company sought to enforce the deductibility of the CPP dependent benefit on the basis of the 2008 class action ruling. And in Industrial Alliance Insurance and Financial Services Inc. v. Brine, the private insurer sought to enforce deductions from a long-term insurance policy in the amount of benefits received by the policyholder under both the Canada Pension Plan and the Public Service Pension Plan.

Time does not allow me to list the many other cases wherein private insurers went to court to claw back payouts under long‑term disability policies premised on the policyholder’s receipt of public benefits. The rejected amendment prohibiting clawbacks of the new benefit by private insurers would have done what the courts have said needed to be done in order to protect recipients and ensure that benefits are received by those for whom they are intended rather than function to subsidize private insurers.

The time to respond to this concern is sooner rather than later. When the CPP dependent benefit offset was challenged in 2008, industry relied on the fact that its premiums were adjusted on the assumption that it could offset CPP benefits but held that without the availability of that offset, insurance premiums would undoubtedly rise. No such adjustment can presently be relied on by industry in relation to the Canada disability benefit, as premiums taking the new benefit into account have yet to be calculated.

Concerns were raised at the Social Affairs Committee and in this place as to the constitutionality of a provision that engages with the insurance industry by purporting to regulate insurance contracting as falling outside the jurisdiction of the federal parliament. The fact is that such a provision is not unprecedented in Canadian benefit regimes. For forty years, the Merchant Seaman Compensation Act, for example, has protected recipients with wording closely similar to that proposed in the rejected amendment. Forty years, honourable senators, with no court challenges, constitutional or otherwise.

Another relevant precedent can be found in the 2020 reference regarding the Genetic Non-Discrimination Act, which grappled with the constitutionality of a federal legislative scheme to regulate aspects of insurance contracting by preventing private insurers from requiring genetic test results as a precondition for health insurance eligibility. In reviewing the legislative scheme, the court determined that its overall goal was not regulation of the insurance industry per se, but rather the prevention of genetic discrimination in the provision of goods and services such that the insurance provisions at issue comprised only part of a broader regulatory scheme and were necessary in order to preserve the purpose of the federal legislation. Sound familiar?

Absent the act’s protective insurance-related measures, the scheme’s purpose would be seriously undermined, justifying the minor incursion into a matter traditionally falling within the ambit of provincial jurisdiction.

These real-life cases support the viability of a provision like the rejected amendment prohibiting set-offs by private insurers of payments under the Canada disability benefit act. It is clear in the act that the Canada disability benefit is designed to be supplementary for those who qualify under the act.

The legislative purpose of making a supplementary sum available to eligible recipients is undermined if private insurers are permitted to correspondingly claw back payments under their policies because, in practice, the recipient is left with substantially the same amount they were receiving before introduction of the benefit. Absent this simple operational protection, the bill before us today will effectively indemnify private insurers and deny the intended recipients the benefit.

Lifting disabled people out of poverty is the stated fundamental purpose of this bill. In this regard, it will become a mockery of Minister Qualtrough’s promise to disabled people, who desperately need and deserve the Canada disability benefit. The exclusion of this amendment to prohibit benefit clawbacks by private insurers is a choice the Trudeau government has made: to not ensure that certain eligible recipients under the act receive the full supplemental benefit promised to them.

Time will tell how many private insurers will exploit this loophole given to them, and perhaps some day Parliament will have a second chance to bring justice to those disabled recipients who are now exposed to the legal force of rich private insurers.

But let’s not pretend that the real cost will be borne by poor, disabled recipients who would be made to suffer because this government chose not to protect them. They will suffer, and the cost will be borne by them.

Last week, Senator Pate and I received a letter from Mr. Duncan Young, whose standard of living is determined largely by a private insurer. I share the following with his permission:

I am not one of the many selfless volunteers who advocate on behalf of the disabled. Neither am I an activist or lobbyist for any such person or group. I am simply an “average” 55 year-old working-class Canadian, who happens to love his job, and is looking forward to working at it for as long as he can. Or at least I was...

3 years ago, I received a diagnosis of spinocerebellar ataxia 3 (SCA3): an extremely rare, hereditary, neurological disorder that causes the cerebellum to atrophy, thus completely destroying a person’s motor skills; impairing walking, talking, swallowing, bladder control, etc.

It is progressive, has no known treatment(s) to abate its development-and there is no cure. Of note, an affected person typically does not present symptoms until somewhere between ages 40-55: Meaning I (and most like me) are enjoying a full life, still in its ascendency, when suddenly your brain will not allow your legs to form the motion necessary to let you run to catch the bus, or let your fingertips stay still long enough to do up the tiny buttons on your button-down collar.

Let me be clear: Without that amendment enshrined in statute, as worded, I will receive $0 from the creation of the benefit. It would be-in its entirety-an eligible clawback according to my LTD provider’s contract. In short, the only beneficiary of such a benefit would be the shareholders of a publicly-traded insurance company-while I continue to slip below the poverty line. Both points here are not conjecture: They are quantitative facts.

So now you know exactly, unquestionably and with detail, exactly what the passing of C-22 without this amendment will mean to myself and every disabled person in similar positions: Nothing.

I’m so sorry, Mr. Young, but at this stage we must hope that Minister Qualtrough and this government can somehow turn this around by actively convincing provinces and territories to ban private insurance clawbacks of the Canada disability benefit within their respective jurisdictional authority. Such advocacy should not be left, again, to the disability community to take on alone.

Honourable senators, we all know this disability benefit is long overdue and desperately needed. The disability community in Canada has advocated for stronger and more reliable income support for far longer than this bill has been in contemplation by Parliament.

I am grateful for the many insightful comments and valuable contributions to the development of this bill from community leaders and advocates, both in committee and various other capacities. Mindful of time, I can acknowledge only a few. I extend appreciation for the legal expertise provided to the Social Affairs Committee by witnesses who brought the clawback to our attention: David Lepofsky, Robert Lattanzio, Steven Muller and Hart Schwartz. For the sake of those eligible recipients who are unlikely to ever see a penny of the Canada disability benefit, I fervently hope that those experts will continue to be vital contributors to the minister’s promised consultations to fill in the framework legislation.

Let us now pass this bill into law before we leave for the summer. Thank you, meegwetch.