Page 1 First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 STATUTES OF CANADA 2023 CHAPTER 17 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 ASSENTED TO JUNE 22, 2023 BILL C-22 Page 2 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the cir- cumstances, in the manner and for the purposes set out in a measure entitled “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 amend- ment to the Income Tax Act”. SUMMARY This enactment establishes the Canada disability benefit to re- duce 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. Available on the House of Commons website at the following address: www.ourcommons.ca 2021-2022-2023 Page 3 TABLE OF PROVISIONS 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 Preamble Short Title Canada Disability Benefit Act 1 Definitions Definitions 2 Purposes of Act Purposes 3 Canada Disability Benefit Eligibility 4 Payment of benefit 5 General Obligation to provide information 6 Social Insurance Number 7 Agreements 8 Payments cannot be charged, etc. 9 Consolidated Revenue Fund 10 Appeals 10.1 Regulations Regulations 11 Collaboration 11.1 Progress Reports Engagement and collaboration 11.2 Parliamentary Review Parliamentary review 12 2021-2022-2023 Page 4 Consequential Amendment to the Income Tax Act 13 Coming into Force Order in council or first anniversary 14 2021-2022-2023 Chapter 17: Canada Disability Benefit Act TABLE OF PROVISIONS Page 5 70-71 ELIZABETH II – 1 CHARLES III CHAPTER 17 An Act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a conse- quential amendment to the Income Tax Act [Assented to 22nd June, 2023] Preamble Whereas working-age persons with disabilities are more likely to live in poverty than working-age per- sons without disabilities, because of economic and social exclusion; Whereas persons with disabilities often face barriers to employment, including work disincentives such as the loss of income and other benefits as a result of becoming employed; Whereas persons with disabilities may face addition- al barriers because of their gender, racialized or In- digenous status or other intersecting statuses; Whereas the Government of Canada is committed to the economic and social inclusion of persons with disabilities, as evidenced by its introduction of the Accessible Canada Act; Whereas the Canadian Charter of Rights and Free- doms guarantees persons with disabilities the right to the equal protection and equal benefit of the law without discrimination; Whereas reducing poverty contributes to the pro- gressive realization of Canada’s international obliga- tions under the United Nations Convention on the Rights of Persons with Disabilities; Whereas Canada aspires to be a world leader in the eradication of poverty, and Parliament, with a view to this objective, enacted the Poverty Reduction Act; Whereas progress made by Canada in reducing poverty for persons with disabilities and others con- tributes to meeting the Sustainable Development Goals of the United Nations; 2021-2022-2023 Page 6 Whereas the Government of Canada seeks to build on its successes in addressing poverty through pro- viding benefits for seniors and for families with chil- dren; Whereas, in the spirit of “Nothing Without Us”, the Government of Canada recognizes the importance, in developing support measures for persons with dis- abilities, of engaging with the disability community, in accordance with the Accessible Canada Act, which specifies that “persons with disabilities must be in- volved in the development and design of laws, poli- cies, programs, services and structures”; And whereas Parliament recognizes the leading role that the provinces and territories play in providing supports and services to persons with disabilities and the importance of engaging with them in developing income supports and other support services; Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Canada Disability Benefit Act. Definitions Definitions 2 The following definitions apply in this Act. disability has the same meaning as in section 2 of the Accessible Canada Act. (handicap) Minister means the Minister of Employment and Social Development. (ministre) Purposes of Act Purposes 3 The purposes of this Act are to reduce poverty and to support the financial security of working-age persons with disabilities. 2021-2022-2023 Chapter 17: Canada Disability Benefit Act Short Title Preamble – Sections 1-3 Page 7 Canada Disability Benefit Eligibility 4 A person is eligible for a Canada disability benefit if they meet the eligibility criteria set out in the regulations. Payment of benefit 5 The Minister must, in accordance with the regulations, pay a Canada disability benefit to a person who is eligible for the benefit, applies or has an application made on their behalf, in accordance with the regulations, and meets any other conditions set out in the regulations. General Obligation to provide information 6 An applicant or the representative of an applicant who is incapable of managing their own affairs must provide the Minister with any information that the Minister may require in respect of the application. Social Insurance Number 7 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Act, the Social Insurance Number of an applicant. Agreements 8 (1) In order to carry out the purposes of this Act, the Minister may enter into agreements with any department or agency of the Government of Canada and may, with the approval of the Governor in Council, enter into agree- ments with any department or agency of a province. Publication (2) The Minister must make public any agreement en- tered into under subsection (1). Payments cannot be charged, etc. 9 A benefit under this Act (a) is not subject to the operation of any law relating to bankruptcy or insolvency; (b) cannot be assigned, charged, attached or given as security; (c) cannot be retained by way of deduction, set-off or compensation under any Act of Parliament other than this Act; and 2021-2022-2023 Chapter 17: Canada Disability Benefit Act Canada Disability Benefit Sections 4-9 Page 8 (d) is garnishable moneys for the purposes of the Family Orders and Agreements Enforcement Assis- tance Act. Consolidated Revenue Fund 10 All benefits payable under this Act are to be paid out of the Consolidated Revenue Fund. Appeals 10.1 Subject to regulations, a person, or any other per- son acting on their behalf, may appeal to a body identi- fied in regulations made under paragraph 11(1)(i) in re- spect of any decision (a) relating to the person’s ineligibility for a Canada disability benefit; (b) relating to the amount of a Canada disability bene- fit that the person has received or will receive; or (c) prescribed by the regulations. Regulations Regulations 11 (1) The Governor in Council may make regulations (a) respecting the eligibility criteria for a Canada dis- ability benefit; (b) respecting conditions that are to be met in order to receive or to continue to receive a benefit; (c) respecting the amount of a benefit or the method for determining the amount; (d) requiring a benefit to be indexed to inflation and respecting the manner in which it is to be indexed; (e) respecting payment periods and the amount to be paid each period; (f) respecting applications for a benefit, including reg- ulations providing for an application process that is without barriers, as defined in section 2 of the Acces- sible Canada Act; (g) respecting the amendment or rescission of deci- sions made by the Minister; 2021-2022-2023 Chapter 17: Canada Disability Benefit Act General Sections 9-11 Page 9 (h) respecting reviews or reconsiderations of decisions made under this Act; (i) respecting appeals; (j) respecting the circumstances in which retroactive payments may be made to persons who do not apply in the time specified in the regulations but are other- wise eligible; (k) respecting applications made on behalf of persons who are incapable of managing their own affairs, pay- ments to those persons and reviews, reconsiderations or appeals commenced on their behalf; (l) respecting the circumstances in which the Minister may deem an applicant or beneficiary to be dead and may determine their date of death if the applicant or beneficiary has disappeared under circumstances that, in the opinion of the Minister, raise beyond a reason- able doubt a presumption that the applicant or benefi- ciary is dead; (m) respecting the application of this Act when an ap- plicant or beneficiary dies; (n) authorizing the Minister to correct administrative errors; (o) respecting the identification of debts due to Her Majesty in right of Canada; (p) respecting the recovery of overpayments and debts due to Her Majesty in right of Canada, including limi- tation or prescription periods; (q) establishing offences punishable on summary con- viction for the commission of any of the following acts and setting fines or terms of imprisonment or both for such offences: (i) knowingly using false identity information or another person’s identity information for the pur- pose of obtaining a benefit for themselves, (ii) counselling a person to apply for a benefit with intent to steal all or a substantial part of it, (iii) knowingly making false or misleading repre- sentations in relation to an application; (r) establishing a system of administrative monetary penalties applicable to the commission of either or both of the following acts and setting the amounts of those penalties: 2021-2022-2023 Chapter 17: Canada Disability Benefit Act Regulations Section 11 Page 10 (i) knowingly making false or misleading represen- tations in relation to an application, (ii) making an application for, and receiving, a ben- efit while knowingly not being eligible to receive it; (s) adapting section 44.2 of the Old Age Security Act for the purpose of applying that section as adapted to the verification of compliance or the prevention of non-compliance with this Act and to the use of copies as evidence; (t) authorizing the Minister, for any purpose related to verifying compliance or preventing non-compliance with this Act, to require an applicant, a beneficiary or the representative of an applicant or beneficiary who is incapable of managing their own affairs, to be at a suitable place — or to be available by audioconference or videoconference or in any other suitable manner — at a suitable time in order to provide any information or any document that the Minister may require in re- spect of the application; and (u) generally, for carrying out the purposes and provi- sions of this Act. Amount of benefit (1.1) In making regulations under paragraph (1)(c) re- specting the amount of a benefit, the Governor in Council must take into consideration (a) the Official Poverty Line as defined in section 2 of the Poverty Reduction Act; (b) the additional costs associated with living with a disability; (c) the challenges faced by those living with a disabili- ty in earning an income from work; (d) the intersectional needs of disadvantaged individ- uals and groups; and (e) Canada’s international human rights obligations. Regulations (1.2) Within 12 months of this Act coming into force, the Governor in Council must make regulations under para- graphs 11(1)(a) to (f), (h), (i), (k) and (n) that are 2021-2022-2023 Chapter 17: Canada Disability Benefit Act Regulations Section 11 Page 11 necessary to enable a Canada disability benefit to be paid in accordance with this Act. Distinguishing — classes (2) Regulations made under subsection (1) may distin- guish among different classes of applicants and benefi- ciaries. Collaboration 11.1 The Minister must provide persons with disabilities from a range of backgrounds with meaningful and barri- er-free opportunities to collaborate in the development and design of the regulations, including regulations that provide for the application process, eligibility criteria, the amount of a benefit and the appeal process. Progress Reports Engagement and collaboration 11.2 (1) Within six months after the day on which this Act comes into force, the Minister must table in the House of Commons a report that sets out the manner in which the obligation to engage and collaborate with the disability community in relation to the development of regulations has been implemented. Regulatory process (2) Within one year after the day on which this Act comes into force, the Minister must cause to be tabled in each House of Parliament a report on the progress made in the regulatory process. Referral to committee (3) The report stands referred to the committee of each House that may be designated or established for the pur- pose of reviewing the report. Publication (4) The report must be published on the website of the Department of Employment and Social Development. Parliamentary Review Parliamentary review 12 As soon as feasible after the first anniversary of the day on which this section comes into force, after the third anniversary of that day and after each subsequent fifth anniversary, a review of this Act and of its administration and operation is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose. 2021-2022-2023 Chapter 17: Canada Disability Benefit Act Regulations Sections 11-12 Page 12 R.S., c. 1 (5th Supp.) Consequential Amendment to the Income Tax Act 13 Paragraph 241(4)(d) of the Income Tax Act is amended by adding the following after subpara- graph (vii.5): (vii.51) to an official solely for the purposes of the administration and enforcement of the Canada Disability Benefit Act or the evaluation or formula- tion of policy for that Act, Coming into Force Order in council or first anniversary 14 This Act comes into force on a day to be fixed by order of the Governor in Council, but no later than the first anniversary of the day on which it receives royal assent. Published under authority of the Speaker of the House of Commons 2021-2022-2023 Chapter 17: Canada Disability Benefit Act Consequential Amendment to the Income Tax Act Sections 13-14 Page 13 Page 14 Available on the House of Commons website Disponible sur le site Web de la Chambre des com