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. Patti LaBoucane-Benson (Legislative Deputy to the Government Representative in the Senate), pursuant to notice of June 8, 2023, moved:

That, in accordance with subsection 39(1) of the Public Servants Disclosure Protection Act (S.C. 2005, c. 46), the Senate approve the appointment of Ms. Harriet Solloway as Public Sector Integrity Commissioner.