SOCI committee briefing binder: Appearance of Minister of Employment, Workforce Development and Disability Inclusion – March 22, 2023

1. Overview

The Standing Senate Committee on Social Affairs, Science and Technology (SOCI) has invited you to appear before the committee to study Bill C-22, Canada Disability Benefit Act.

2. Committee proceedings

The appearance is scheduled for one hour, March 22, 2023 (TBC), from 4:00 pm to 5:00 pm.

You will have up to 5 minutes for opening remarks.

The chair of the committee, Senator Ratna Omidvar (ISG - Ontario), will preside over the meeting. Unlike Committees of the House, Senate Committees do not have pre-established rounds of questioning nor a predetermined limit on the number of minutes for each intervention. At SOCI, the Chair will generally turn to the Deputy Chair Patricia Bovey (PSG - Manitoba) for the first question. Subsequent Senators will be recognized by the Chair if they have indicated they have questions for witnesses. The Chair may also use her privilege to ask questions.

3. Parliamentary environment

Based on questions raised in the Senate prior to the study of the legislation, you may expect questions related to the timing of the legislation considering it was previously introduced in June 2021. Please note that in April and May 2019, SOCI studied Bill C-81, Accessible Canada Act; in 2018 their report Breaking Down Barriers: A critical analysis of the Disability Tax Credit and Registered Disability Savings Plan was tabled (Government Response co-signed by you); and in 2009 In from the Margins: A Call to Action on Poverty, Housing and Homelessness, which discussed poverty in general, contains a section on persons with disabilities.

Senator Brent Cotter (ISG - Saskatchewan), the sponsor of the legislation, will likely be present at the meeting.

Senator Judith Seidman (C - Quebec), the bill critic, could also attend. Senator Seidman was Deputy Chair of SOCI in 2019 when C-81, Accessible Canada Act, was being studied.

Senator Marilou McPhedran (Non-affiliated - Manitoba), SOCI member, is an advocate for a Guaranteed Livable Income and addressing poverty. She will likely press for details, in particular to ensure that there are no provincial claw backs.

Senator Kim Pate (ISG - Ontario) is not a SOCI member but may be present for your appearance. She has criticized the bill for falling short of its promise, which offers no protections from provincial or private insurance claw backs, and that the bill does not address adequacies.

Senators will likely have received correspondence from David Lepofsky from the Accessibility for Ontarians with Disabilities Act Alliance (AODA Alliance). The AODA Alliance has suggested a number amendments, which may be raised during your appearance (these are noted in the table below).

Preamble

Short title

Definitions

Purposes of Act

Canada Disability Benefit

General

Regulations

Progress reports

Parliamentary review

Consequential amendment to the Income Tax Act

Coming into force

Benefit design and eligibility

1. When will Canadians start receiving the Benefit?

The Government is aware that many Canadians with disabilities are in desperate need of the additional financial support that this Benefit will aim to provide. While the Government intends to move forward as quickly as possible, it is also determined to ensure that the design and implementation of the Benefit is managed in a way that maximizes its positive impacts and minimizes any potential negative impacts. This will require significant engagement with provincial and territorial governments, as well as across federal programs and services. The Government also wants to ensure that the disability community has the time and opportunity to fully engage on the design of the Benefit during the regulatory development process which can only begin once the legislation has been passed by Parliament and the Bill has received Royal Assent. Timing for when the benefit could start to be paid, then, is dependent on a number of factors, including Parliamentary schedules and debate as well as the complexity of the future regulatory process.

2. What analysis has the Government done to date on the design of the benefit?

The Government has been engaging with persons with disabilities, other stakeholders and provinces and territories to inform the design of the benefit. These processes are informing the development of advice on various design aspects of the benefit including eligibility, amount, and administration.

3. Will people with episodic disabilities be eligible for the Benefit?

The details of the Benefit, including the Benefit amount, eligibility criteria and other features such as the treatment of employment income, will be detailed in proposed regulations developed should the Bill receive Royal Assent. These regulations will be informed through further engagement with the disability community and other stakeholders as well as through discussions with provinces and territories.

That said, in considering the eligibility for the benefit, it will be important to take into consideration the various characteristics of persons with disabilities living in poverty including the range of disabilities, the severity of disability, and the dynamics of disability.

4. How much will recipients receive?

Clause11(1)(c) of the Bill provides the Governor in Council with the authority to make regulations respecting the amount of the Benefit or the method determining the amount.

While the benefit is intended to be a supplement, the Government is focused on providing a benefit amount that, in combination with other forms of income recipients may receive, is adequate to reduce poverty and increase the financial security of persons with disabilities. In making regulations respecting the amount of the Benefit, the Governor in Council must take into consideration the Official Poverty Line as defined in section 2 of the Poverty Reduction Act.

The details of the Benefit, including the Benefit amount, eligibility criteria and other features such as the treatment of employment income, will be detailed in proposed regulations developed should the Bill receive Royal Assent. These regulations will be informed through further engagement with the disability community and other stakeholders as well as through discussions with provinces and territories.

Funding for the Benefit will be determined through the federal budget process, which parliamentarians will have an opportunity to review and debate.

5. How many working-age Canadians with disabilities will be lifted out of poverty by the CDB?

Our aim is to realize the purposes of the proposed Act, which is to reduce poverty and support the financial security for working-age persons with disabilities.

Information about the Benefit’s expected poverty impact will be available once its parameters have been more established, and regulations are published.

In establishing eligibility criteria and amounts for the proposed Benefit, the Government is continuing to engage with persons disabilities and the disability community. This engagement will continue throughout the regulatory process.

6. Will the CDB be indexed to inflation?

Clause11(1)(d) would provide the Governor in Council the authority to make regulations requiring that the benefit be indexed to inflation and respecting the manner in which the Benefit is to be indexed.

This authority would allow the regulations to detail how the Benefit amount could be adjusted to account for inflation. There are a number of indexation options available, and the details of indexation calculations are highly technical, making it an issue well-suited to regulations. Persons with disabilities and the disability community will continue to be engaged on this and other design issues, including throughout the regulatory process.

7. Will the Benefit decrease in situations of deflation?

Clause11(1)(d) would give the Governor in Council the authority to make regulations requiring that the benefit be indexed to inflation and respecting the manner in which the Benefit is to be indexed. This authority would allow the regulations to detail how the Benefit amount could be adjusted to account for inflation and deflation. Persons with disabilities and the disability community will continue to be engaged, including throughout the regulatory process.

8. Who will be eligible for the CDB?

Our aim is to realize the purposes of the proposed Act, which is to reduce poverty and support the financial security for working-age persons with disabilities.

Clause11 (1)(a) of the Bill would provide the Governor in Council with the authority to make regulations respecting eligibility criteria for the proposed Benefit.

Eligibility criteria will be further detailed in regulations developed under the proposed Act.

With the principle of “Nothing Without Us” as a priority, the Government will continue to engage with persons with disabilities, provincial and territorial governments and other stakeholders to inform the design of the Benefit. As well, the regulatory process will provide further opportunities to engage and consult on the design parameters of the Benefit.

9. Who will be responsible for administering the CDB?

Bill C-22 proposes that the Minister of Employment and Social Development (currently styled as the Minister of Employment, Workforce Development and Disability Inclusion) is the Minister responsible for the Act and provides the Minister with the authorities and obligations related the administration of the proposed Act.

Regulations will further detail how the proposed Act will be administered. As a part of the Government’s ongoing consultations, we have also engaged stakeholders on issues to consider in the potential delivery of the CDB. Throughout this engagement, we have heard that the delivery system of the proposed benefit should put the client at the centre and strive to provide a simple and seamless client experience. As well, the disability community has noted that the delivery system needs to be respectful of persons with disabilities, including the diversity of disabilities and intersectional identities.

10. How will the application process work?

Clause11(1)(f) would provide the Governor in Council with the authority to make regulations respecting applications for the Benefit, including regulations providing for an application process that is without barriers as defined by section 2 of the Accessible Canada Act.

In addition, clause 11.1 requires that the Minister provide meaningful and barrier-free opportunities to persons with disabilities to engage in the development of regulations, including with respect to the application process. Following Royal Assent, the Government will work to engage persons with disabilities and the disability community in the development of regulations.

11. Will the application process be onerous?

Clause11(1)(f) would provide the Governor in Council with the authority to make regulations respecting applications for the Benefit, including regulations providing for an application process that is without barriers as defined by section 2 of the Accessible Canada Act.

Throughout our engagement process, we have heard from the disability community that many persons with disabilities face barriers when applying for disability supports and benefits. Our aim would be to make the application process for this Benefit as simple as possible.

As required by clause 11.1 of the Bill, persons with disabilities and the disability community will continue to be engaged, including throughout the regulatory process to ensure that the application process for the proposed Benefit is as simple and seamless as possible.

12. How will the appeals process be managed?

Clause11(1)(i) would provide the Governor in Council with the authority to make regulations respecting appeals. This authority would allow regulations to detail all aspects of the appeals process, including which decisions are appealable and how individuals can file an appeal.

In addition, clause 11.1 requires that the Minister provide meaningful and barrier-free opportunities to persons with disabilities to engage in the development of regulations, including with respect to the appeals process. Following royal assent, the Government will work to engage persons with disabilities and the disability community in the development of regulations.

13. How will you mitigate fraudsters who apply for the Benefit?

It is currently envisioned that integrity assurance of the Canada Disability Benefit would be similar to other federal benefit regimes in which the Government of Canada would establish a process for detection, verification and correction of overpayments, errors and abuse.

Clauses 11(1)(p) through 11(1)(t) of Bill C-22 would provide the Governor in Council with the authority to make regulations respecting compliance and enforcement measures. As detailed in the regulation making authorities, a compliance and enforcement regime for the Canada Disability Benefit could include the recovery of overpayments and debts under the proposed Act as well investigation authorities for the Minister. Compliance and enforcement of the proposed benefit could also include an Administrative Monetary Penalties (AMPs) scheme for individuals who 1) knowingly making false or misleading representations in relation to an application, or 2) apply for and receive a benefit while knowingly not being eligible to receive it. For more serious instances of fraud or abuse, Bill C-22 also provides authority for the Governor in Council to establish offences for individuals who 1) knowingly using false identity information or another person’s identity information for the purpose of obtaining a benefit for themselves; 2) counsel a person to apply for a benefit with intent to steal all or a substantial part of it; or 3) knowingly making false or misleading representations in relation to an application. We want to ensure that persons with disabilities can access the Benefit while still preventing against fraud or abuse. We will continue to engage with the disability community to ensure that we strike this balance and have appropriate compliance and enforcement measures in place.

14. How will those with invisible disabilities be captured and not left behind?

We know that the disability community is not a homogenous group. Rather, the disability community consists of individuals with a wide range of disabilities that can vary in duration and severity. That is why the Government is collecting evidence from its engagement activities to inform the details of the Benefit, including eligibility criteria.

Based on the feedback received so far, the criteria will be developed with an eye to targeting those most in need regardless of disability type or whether a disability is visible or invisible, ensuring nationwide portability and fairness across provincial and territorial jurisdictions, and maintaining ease of access.

15. How will the effectiveness of the Benefit be measured?

Measuring the Benefit’s effectiveness will involve the development of a number of performance indicators based on available data sources such as the Canadian Survey on Disability (CSD) as well as new Statistics Canada quality of life measurements. Indicators would also be informed by Canada’s Poverty Reduction Strategy and the increase in the percentage of persons with disabilities raised above the Canada’s Official Poverty Line.

As a component of the broader Disability Inclusion Action Plan, ESDC is also committed to working with persons with disabilities and the broader disability community to address disability data gaps and take a more coordinated and horizontal approach to federal data collection and dissemination activities. These efforts will also inform how the effectiveness of the Benefit is measured.

16. What is the definition of disability?

Will the modernized definition of disability, which is a part of the Disability Inclusion Action Plan (DIAP), be used to establish eligibility for the CDB?

Clause 2 of Bill C-22 provides that the definition of “disability” in the act has the same meaning as section 2 of the Accessible Canada Act. In that Act “disability” “means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society”.

Eligibility criteria for the CDB will be further detailed in the regulations. The Government is collecting evidence from its engagement activities to inform the details of the Benefit, including eligibility criteria. Based on the feedback received so far, the criteria will be developed with an eye to targeting those most in need, ensuring nationwide portability and fairness across provincial and territorial jurisdictions, and maintaining ease of access.

In addition, Budget2021 provided $11.9million over 3 years starting in 2021 to 2022 to reform the eligibility process for federal disability programs and benefits and to develop a microsimulation model to help inform the design and ongoing policy analysis related to the benefit.

17. Will the CDB replace existing income supports such as CPPD or social assistance?

The CDB aims to reduce poverty by supplementing existing federal and provincial-territorial (P/T) income measures for working-age persons with disabilities rather than replacing P/T social assistance for persons with disabilities or the supports that are linked to its receipt (for example, prescription drug coverage, other aids and services).

It would aim to promote increased financial security by providing additional income for those who may already be in receipt of benefits, and potential new income support to some individuals who are not currently receiving benefits. We want to ensure recipients are better off as a result of receiving this Benefit.

Coordination with Provincial/Territorial Benefits

18. Have you negotiated with provinces and territories on the coordination of this Benefit so as not to interfere with provincial benefits?

The aim of the proposed Benefit is to reduce poverty and support the financial security of working-age persons with disabilities. With this in mind, the Government is committed to continue working closely with provinces and territories on the design of the Benefit.

In an initial meeting of Federal, Provincial and Territorial Ministers Responsible for Social Services took place in July 2021 where Ministers committed to work together to improve outcomes for persons with disabilities.

I am meeting with provinces and territories both multilaterally and bilaterally, before finalizing regulations, to discuss harmonizing provincial and territorial benefits with the new Canada Disability Benefit.

I am confident that this approach will leave room for genuine and meaningful discussion around all governments working together to ensure that persons with disabilities are better off as a result of the Benefit.

19. Will the federal government rely on provincial records to qualify applicants?

Clause11 (1)(a) of the Bill would provide the Governor in Council with the authority to make regulations respecting eligibility criteria for the proposed Benefit. Eligibility criteria will be further detailed in regulations developed under the proposed Act.

Provinces and territories play a critical role in providing benefits and supports to Canadians with disabilities. We are engaging provinces and territories as well as the disability community in the development of regulations made under the Act should the Bill receive Royal Assent.

As you are aware, this Committee tabled the report entitled “Disability Support Benefits” in the House of Commons on May 31, 2022. In the report, the Committee called upon the Government to consider the possibility of codifying all people who receive provincial/territorial support for their disability as persons with disabilities in order to facilitate the ease of payment of the future CDB. In my response back to the Committee (presented to the House of September 28,2022), I had noted that eligibility for these programs and supports vary in terms of the requirements for duration and severity of the disability and the ability to work and to align with the differing objectives of each program. The Government will continue to consider all options for eligibility to establish a fair, accessible and efficient national disability benefit, noting using provincial and territorial eligibility would raise considerations around equity, cost, and administration that would need to be further assessed.

20. Will the Benefit be paid through provinces/territories or directly to individuals?

It is anticipated that the Benefit will be paid directly to individuals from the Government of Canada.

21. How will the CDB interact with P/T benefits?

Provinces and territories play a critical role in providing benefits and supports to Canadians with disabilities. We are engaging provinces and territories to understand how the new federal Benefit may interact with existing provincial and territorial income-tested programs, including social assistance. We are seeking input on possible designs and features in order to avoid any unintended impacts to provincial and territorial income-tested benefits.

22. Will the negotiation with P/Ts respect their primary jurisdiction over disability income benefits?

The current system of income supports and benefits for working-age persons with disabilities is complex and diverse. Provinces and territories and the Government of Canada each play a significant role.

My plan is to work with provinces and territories to reach a clear agreement on how this Benefit and provincial and territorial benefits can be harmonized to maximize assistance to persons with disabilities so that we can meet our objective of reducing poverty amongst working age persons with disabilities.

23. Will the CDB provide the same level of benefits throughout Canada or will there be variations among P/Ts and/or economic regions?

The goal of the Benefit is to reduce poverty and to support the financial security of working-age persons with disabilities. Recognizing the existing landscape of benefits available in provinces and territories, I am working with my counterparts to ensure that individuals are not negatively affected by the Benefit and that the Benefit is portable across Canada.

Text of the Bill

24. What amendments were made at HUMA?

Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) made 9 amendments to the Bill, which were presented to the House on December 14, 2022. These amendments provide that:

• the term “disability” has the same definition as in the Accessible Canada Act
• the Minister must make public any agreements entered into with a department or agency of the Government of Canada or of a province
• regulations may be made that require that the benefit be indexed to the cost of living increase, and that provide for an application process that is without barriers, as defined in the Accessible Canada Act
• the Governor in Council must take the Official Poverty Line into consideration when making regulations regarding the amount of the benefit
• persons with disabilities must be provided with meaningful and barrier-free opportunities to collaborate in the development of regulations, and that the Minister must table a report in the House of Commons within 6 months of the Act coming into force on how that obligation was implemented
• the Minister must, within a year of the Act coming into force, table in both Houses of Parliament a report on progress made in the regulatory process
• a parliamentary review of the Act is to be undertaken as soon as feasible after the first anniversary of coming into force, the third anniversary of that day, and each subsequent fifth anniversary; and
• the Act must come into force no later than the first anniversary of the day on which it receives royal assent

I am confident that these amendments work to strengthen the existing policy intent of the Bill and provide greater transparency to the disability community.

25. Why are most of the details regarding the Canada Disability Benefit left to regulations?

This approach is intentional.

We have tried to strike a balance between getting a benefit in place to meet the immediate needs of persons with disabilities living in poverty, while at the same time building in flexibility to ensure persons with disabilities can be involved in the creation of a program that is going to impact their lives.

The principle of “Nothing without Us” is embedded in our commitments under the UN Convention on the Rights of Persons with Disabilities (article4.3) as well as in the Accessible Canada Act (preamble). This commitment means that it is imperative that the Government engage with people with disabilities and the disability community to ensure their perspectives are reflected in the design of this Benefit. In many ways, this is suggesting a different way of doing business in Government. In designing this approach, paramount in my thinking has been making sure we create time and space so that persons with disabilities and stakeholder organizations can be genuinely engaged and involved in the design process. And using the regulatory mechanism also provides the opportunity to involve persons with disabilities in the regulatory management process as well after the passage of the regulations. This will bake into the process the involvement of persons with disabilities and truly realize our commitments under the UN Convention on the Rights of Persons with Disabilities and the Accessible Canada Act to “Nothing Without Us”.

Given the complex system of benefits and supports for persons with disabilities in Canada, engaging provinces and territories and other stakeholders will be key to the Benefit’s success.

Importantly too, using regulations for benefit elements, such as eligibility, also recognizes that disability is an evolving social construct. This approach will allow for more flexibility as our understanding of disability evolves in the future.

Using regulations for key benefit elements to maximize flexibility is also similar to the approach taken for provincial/territorial social assistant programs. For example, New Brunswick’s recent regulatory amendments under the Family Income Security Act provided an updated definition of “deaf” in response to recommendations from the disability community and stakeholders. Bill C-22 provides us with this type of flexibility so that we can quickly adjust to the evolving needs of the disability community, who know their needs best.

26. Would the Canada Disability Benefit (CDB) be used to offset other federal debts? Why would the proposed benefit be garnishable for the purposes of the Family Orders and Agreements Enforcement Assistance Act?

Clause 9 of Bill C-22 states that the proposed benefit would not be subject to any bankruptcy or insolvency laws; cannot be assigned, charged, attached or given as a security, and; could not be retained by way of deduction, set-off or compensation under any Act of Parliament, other than the proposed Canada Disability Benefit Act.

It further provides that the Canada Disability Benefit may be subject to garnishment under the Family Orders and Agreements Enforcement Assistance Act (FOAEAA). The FOAEAA is intended to assist provinces and territories with their support enforcement efforts by designating certain federal payments as garnishable to pay family support obligations.

This approach is consistent with other federal benefits such as Employment Insurance, Old Age Security, including the Guaranteed Income Supplement, and Canada Pension Plan. As well, GST credits, income tax refunds and a variety of other federal programs are garnishable under FOAEAA.

As identified by the 2015/2016 Survey of Maintenance Enforcement Programs conducted by Statistics Canada, in almost all families (approximately 96%), the recipient of the support is female. From a gender lens perspective, allowing the CDB to be garnished to satisfy family support orders and agreements would therefore be of benefit to women and their children.

27. The Canada Emergency Response Benefit (CERB) was not garnishable to satisfy family support obligations, why would the Canada Disability Benefit be treated differently?

CERB was a unique and time-limited payment intended to cover Canadians who had lost their job, were sick, quarantined, or taking care of someone who is sick with COVID-19, as well as working parents who had to stay home without pay to care for children who were sick or were home because of school and daycare closures. Given the unique circumstances of emergency benefits and the time-limited nature of these payments, they were not deemed to be garnishable for the purposes of family support orders.

Unlike CERB, the CDB is intended to be an ongoing income supplement for working-age persons with disabilities. As such, the CDB is aligned with other federal benefit programs that are garnishable under FOAEAA, such as Employment Insurance, Old Age Security, including the Guaranteed Income Supplement, and Canada Pension Plan.

28. Confusion in French terms used: “en situation de handicap”, “vivant avec un handicap”, “handicapée” and “invalidité” and “incapacité”

The definition and language regarding disability is an evolving construct driven by the experience and perspectives of persons with disabilities. This means terms related to disability have changed in both French and English over the past decades.

It is important to note that a disability is a functional limitation or restriction of an individual’s ability to perform an activity. The word “disabled” is an adjective, not a noun. People are not conditions. It is therefore preferable not to use the term “the disabled” but rather “people with disabilities.” This is called “person first language”; however, individuals may have different preferences when discussing their disability.

In French, the term “personnes en situation de handicap” is often used to designate a person who faces barriers to accessibility in everyday life. The term “personnes handicapées” is also used in French and is the term used in most recent Canadian law, such as the Accessible Canada Act and the Disability Tax Credit Promoters Restrictions Act. This is the reason why the 2 terms are used in the French version of the Bill: the reflect the most current term generally used and the most current term used in law. Outside of the Bill, other labels in French, such as “invalidité” and “incapacité,” are occasionally used in reference to the names of specific laws or programs created in the past—this language is a legacy of how disability has been defined and named as a medical construct rather than a social one.

29. Will Parliament be provided an opportunity to review regulations and provide input?

The Bill provides the Governor in Council with the authority to develop regulations. However, regulations are developed through a rigorous and transparent process. In the spirit of “Nothing Without Us” persons with disabilities will be engaged throughout the regulatory development process. For example, this process could include a pre-publication consultation with persons with disabilities and the disability community. This engagement stage has already started with community-led engagement, as well, the Government will be hosting additional roundtables.

Following pre-consultation, the draft regulations will be published in the Canada Gazette Part I to allow for public comment on the proposed draft regulations. This process will allow for the disability community, and the general public, to comment on a draft of the proposed regulations. Depending on the extent of public comment, the draft regulations can then be revised and published again or published in the Canada Gazette Part II and come into force.

Additionally, clause 11.2(2) of the Bill requires that the Minister must, within one year after the Act comes into force, table a report on the progress made in the regulatory process in each House of Parliament. The report will be referred to a committee in each House for review and further study and will published on the Department of Employment and Social Development’s website. This requirement will allow for greater transparency in the regulatory development process by providing parliamentarians with an opportunity to review and study the process of developing regulations under the proposed Act one year after the Act has come into force.

Additionally, the Bill requires that a parliamentary review of the Act is to be undertaken as soon as feasible after the first anniversary of coming into force, the third anniversary of that day, and each subsequent fifth anniversary. This will provide future opportunities for parliamentarians to review the administration and operations of the Act.

The intent is to ensure that persons with disabilities and the disability community will be engaged throughout the regulatory development process, while still moving as quickly as possible so that the Benefit can be delivered to Canadians without delay.

30. When will the Bill come into force?

Clause14 of the Bill states that the Act will come into force no later than the first anniversary of the day in which the Act received Royal Assent.

I know that many Canadians are in desperate need of the support and financial security that this Benefit will provide. Our goal is to implement the proposed Benefit as soon as possible while still adhering the disability community’s “Nothing without us”. It is crucial that we get this right and include the disability community throughout the process.

31. Why does Bill C-22 include an amendment to the Income Tax Act?

An amendment to the Income Tax Act is being proposed to allow for the sharing of taxpayer information from the Canada Revenue Agency to the Department of Employment and Social Development for the purposes of administering the Benefit or for the evaluation or formulation of policy related to the proposed Canada Disability Benefit Act.

Employment

32. Will entering the workforce leave persons with disabilities worse off?

The preamble of Bill C-22 states that, “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”.

We have heard through our engagement that ensuring the design of the Benefit doesn’t disincentive work is a critical issue for persons with disabilities and the disability community. We will continue to engage with the disability community on this and other design issues.

Our aim is to harmonize the CDB with other federal, provincial and territorial benefits and supports to ensure that persons with disabilities are better off as a result of this new Benefit.

33. Will there be an employment assistance component to the Benefit for people living with disabilities who are employed

The proposed Benefit is intended to be a supplement, as such it is not intended to replace social assistance or employment assistance offered by provincial governments.

However, the Government is committed to removing barriers to employment. Canada’s first-ever Disability Inclusion Action Plan was released on October 7, 2022. Pillar2 of the Action Plan focuses on Employment and the development and implementation of Employment Strategy for Persons with Disabilities. The Employment Strategy will:

• help persons with disabilities find and keep good jobs
• help persons with disabilities advance in their careers or become entrepreneurs
• support employers as they develop inclusive workplaces, and
• aid organizations and individuals who support persons with disabilities in employment

Actions under the Employment Pillar of the Action plan also include:

• investing more than $270million in new funding through the Opportunities Fund for persons with disabilities
• creating a Disability Inclusion Business Council to advise me and act as national champions for disability inclusion within the business community
• launching a National Veterans Employment Strategy with a goal of ensuring all Veterans, including those with disabilities, find meaningful work on release from the Canadian Armed Forces
• modernizing the Employment Equity Act by reducing inequalities and barriers to employment in federal workplaces
• improving supports for Canada Pension Plan Disability beneficiaries in their attempts to return to work by designing a Return-to-Work Pilot Project
• embedding disability inclusion within ESDC’s existing labour market programs

34. Will the Benefit be an incentive or a disincentive to find work?

The preamble of Bill C-22 states that, “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”. Our aim is to harmonize the CDB with other federal, provincial and territorial benefits to make sure that people are not worse off as a result of this Benefit, including if they find work.

One of the 4 pillars of the Government of Canada’s recently launched Disability Inclusion Action Plan focuses on removing barriers to employment for persons with disabilities. To support this objective, we are investing more than $270million in additional disability employment supports through the Opportunities Fund for Persons with Disabilities and taking other concrete steps towards equal employment opportunity.

The engagement process to inform the design of the Benefit, key concern we heard from persons with disabilities and the disability community was that the Benefit needs to be designed so that it doesn’t disincentive work. We will continue to engage with the disability community on this and other design issues.

Consultations

35. Have consultations begun or are you waiting for the Bill to receive royal assent?

Building on the consultations on the Accessible Canada consultations (2016) and the National Disability Summit (2019), consultations for the CDB started in June 2021. In the spirit of “Nothing Without Us,” where persons with disabilities are to be included in the development of policies and programs that affect their lives, the design of the proposed CDB is being informed by ongoing stakeholder engagement. There have been a number of engagement activities to date:

• a DIAP Online Consultation Survey (which ran between June 4, 2021 and September 30, 2021) and included questions on the CDB This engagement included an online survey that received input from approximately 8,600 Canadians
• four DIAP/CDB roundtables:
  • roundtable with Minister Qualtrough, MPRyan Turnbull and Disability Organizations to launch online survey (June 4, 2021)
  • roundtable with the Prime Minister, Minister Qualtrough and Persons with Disabilities (June 25, 2021)
  • roundtable with Minister Qualtrough and Disability Without Poverty (July 27, 2021)
  • roundtable with Minister Qualtrough and Disability Organizations (July 28, 2021)
• four CDB roundtables:
  • roundtable with Disability Researchers and Academics (January 14, 2022)
  • roundtable with Organizations who work with members of Racialized Communities (January 28, 2022)
  • roundtable with National Disability Organizations (February 15, 2022)
  • roundtable with Disability Service Providers (February 28, 2022)

Additionally, community-led engagement and Indigenous-led engagement is taking place on a separate track. Current community-led engagement that has been ongoing since January 2022 is expected to wrap up in early spring 2023 while Indigenous-led engagement that commenced in August 2022 will continue until early summer 2023. As well, the Minister’s Disability Advisory Group (MDAG) has played a large role in providing advice on the proposed Benefit. All of this input and advice is vital to inform the development and implementation of the proposed Canada Disability Benefit.

Letters and discussion guides have also been sent to Modern Treaty and Self-Government agreement holders to seek their input on the CDB.

Throughout our engagement with the disability community, I have been reassured that the framework approach provided for in Bill C-22 is the most appropriate way to provide for engagement with the disability community, respecting the principle of “Nothing Without Us”, while still working to implement the proposed Benefit as quickly as possible.

36. Will there be an impact on benefits from private insurance?

The income landscape for persons working-age persons with disabilities is complex. Often, working-age persons with disabilities receive income or assistance from a number of different sources including employment, provincial, territorial and federal governments, private insurance, and worker’s compensation.

Our aim is to ensure that Canadians with disabilities will be better off because of this Benefit. That is why an extensive engagement process was launched with a broad range of stakeholders, including with the private insurance sector. This engagement has provided an opportunity to better understand the complicated benefit landscape in Canada and the various roles of the many different players, including the role of the private insurance sector in providing income replacement to insured persons. This engagement also provided us with an opportunity to better explain the objective of the CDB as a social measure to help address poverty in Canada. This engagement will continue throughout the regulatory development process as well.

37. Can temporary measures be put in place while holding consultations on improving those measures?

This would require additional processes and procedures that would distract from the development and implementation of the Canada Disability Benefit. Rather, the Government of Canada is focusing on getting the proposed Benefit out of the door as quickly as possible.

38. Have the distinct needs of Indigenous populations been considered in the design and delivery of the CDB?

We know that First Nations, Metis and Inuit peoples in Canada continue to experience disability at a rate much higher than that of the general population. Given these high rates, disability issues remain a key priority for First Nation, Metis and Inuit governments and communities and for Canada in its ongoing commitment to reconciliation.

This is why we launched a targeted process in 2022 to provide funding to National Indigenous Organizations to seek their guidance and advice on developing and implementing the Disability Inclusion Action Plan, including the CDB. In addition, we are taking a distinctions-based approach in which we are engaging directly with Modern Treaty Holders. This engagement will continue through the next year.

We will continue our engagement with First Nation, Metis and Inuit communities on their distinct needs as we move forward with designing and delivering the CDB.

39. Have holders of Modern Treaties and Self-Government Agreements been engaged on the design and delivery implementation of the Benefit?

We recognize that National Indigenous Organizations do not represent holders of Modern Treaty and Self-Government agreements. In order to respect the government-to-government relationships embedded in Modern Treaties and Self-Government agreements, in Autumn2022, we sent letters to holders of Modern Treaties and Self-Government agreements to request their input into the design and delivery of the CDB. This input will be considered in the design and implementation of the CDB.

40. How can the disability community stay engaged in the design of the CDB?

The Government is committed to the principle of “Nothing Without Us” in which persons with disabilities are to be included in the development of policies and programs, particularly those that affect their lives.

Clause 11.1 of Bill C-22 requires that the Minister provide persons with disabilities from a range of backgrounds with meaningful and barrier-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

Following Royal Assent, the Government intends to begin work on providing the disability community with opportunities to engage in the regulatory development process. Pre-engagement activities could include a discussion guide, an online questionnaire, roundtables and information sessions. Following pre-engagement activities, the draft regulations will be published in the Canada Gazette Part I for the disability community, and the general public, to provide comments. Depending on the extent of public comment, the draft regulations can then be revised and published again or published in the Canada Gazette Part II and come into force

Additionally, community-led engagement and Indigenous-led engagement is taking place on a separate track. It is anticipated that community-led engagement, currently underway, could take place until Spring2023, while Indigenous-led engagement could continue until 2023/2024.

My current concern is not that the disability community will lack opportunities to be engaged on the design of the CDB. Rather, I want to provide a means of engagement that that is appropriate and respects the capacity of the community to share their expertise. While we need to continue to engage with the disability community, we also need to be mindful that the community’s capacity to be involved is not stretched too thin. The regulatory process also provides a full circle process to be involved- so not just in the design of the regulations, but in their ongoing management too. This will truly bring the principle of “Nothing Without Us” to life for the Benefit.

Economic impact

41. Won’t the CDB just cause inflation?

We have heard through our consultations on the Benefit that many Canadians with disabilities are facing unimaginable choices on a daily basis, like whether to purchase the medications they need to manage their pain or, instead, to use that money to buy food for themselves and their families. This situation has only worsened as the cost of living has increased.

The Canada Disability Benefit will help to ensure that they no longer have to make these choices. It will provide increased economic security and increased certainly, but also a sense of stability and peace of mind.

42. What are the spill over-effects of the Bill into the economy?

The CDB will give persons with disabilities added financial security. This tends to have positive impacts on people – for example, their health may be better because they don’t have to make impossible choices between food and medication and they can contemplate training or labour market participation. Paired with the Government’s Employment Strategy for Persons with Disabilities, it has the potential to bring significantly more people into the labour market which will, in turn, have significant impacts on the Canadian economy. Estimates suggest that addressing barriers to employment for Canadians with disabilities could generate direct economic benefits as high as 4.0% of GDP.

In addition, the CDB is expected to stimulate significant spending in local economies given the immense and immediate financial needs of the population it is intended to serve. The Benefit targets working age persons with disabilities living in poverty and experience from other benefit programs suggests that the CDB will be spent directly in communities on necessities like housing, food, and health that many people simple cannot afford now because of their economic situation.

43. Is the objective to reduce poverty for working-age Canadians with disabilities, or to eliminate it?

The Benefit will be designed to supplement existing programs in a manner that reduces poverty among the eligible population as much as possible.

However, it is important to understand that poverty is a complex and multifaceted problem. Poverty not only incorporates a lack of income but also a lack of access to essential resources such as: nutritious foods, decent housing, cultural activities, comprehensive healthcare and recreational activities.

While the CDB is intended to increase the financial security of working-age persons with disabilities, for some individuals, poverty extends beyond inadequate income and eliminating poverty goes beyond that of an income supplement.

Our Government has released new measures that will make life more affordable for millions of Canadians, including:

• enhancements to the Canada Workers Benefit
• 10% increase to Old Age Security
• affordable early learning and child care
• affordable housing initiatives, including a one-time tax-free payment of $500
• dental care for Canadians
• doubling the Goods and Services Tax Credit for 6 months and Help for Canadians while fighting climate change

Other topics related to Canadians living with disabilities

44. What is the government doing to address the issue of Canadians living below the poverty line or not meeting their basic needs from seeking MAiD?

On March 17, 2021, the additional changes to Canada’s Medical Assistance in Dying (MAiD) legislation came into force. These changes removed the requirement that a patient’s natural death be “reasonable foreseeable,” a change that aims to satisfy a September 2019 Quebec Superior Court ruling that deemed parts of the previous federal and provincial laws on assisted dying unconstitutional. When these changes were proposed, the federal government committed to working with provincial and territorial partners to enhance disability supports.

In addition, On February 2, 2023, the Government of Canada introduced new legislation that would extend the delay by an additional year (until March 17, 2024) of eligibility for MAID where a person’s sole underlying medical condition is a mental illness. The proposed extension would give additional time to complete and disseminate key resources currently under development for clinicians and other health care system partners to address these more complex MAID requests.

However, people in the disability community have been vocal regarding the impact the recent MAiD changes have had on persons with disabilities. Many in the disability community have noted that MAiD has highlighted that too many Canadians with disabilities face barriers to accessing the supports and services they need to live with dignity.

The Government of Canada is committed to ensure the full social and economic inclusion of persons with disabilities. On October 7, 2022, the Government released Canada’s first-ever Disability Inclusion Action Plan. The Action plan is a comprehensive, whole-of-government approach to disability inclusion. It embeds disability considerations across our programs while identifying targeted investments in key areas to drive change. It builds on existing programs and measures that have sought to improve the inclusion of persons with disabilities, and establishes new and meaningful actions. The Disability Inclusion Action Plan has 5 key objectives:

1. improve the social and economic inclusion of persons with disabilities
2. reduce poverty among persons with disabilities
3. achieve the Accessible Canada Act goal of a barrier-free Canada by 2040
4. develop a consistent approach to disability inclusion across the Government of Canada and make it easier for persons with disabilities to access federal programs and services, and
5. foster a culture of disability inclusion

The proposed Canada Disability Benefit is the cornerstone of the Disability Inclusion Action Plan and will support the financial security of working-age persons with disabilities.

45. Would a universal guaranteed livable income be easier to administer?

The purpose of the proposed Benefit is to reduce poverty among working-age persons with disabilities. This focus is to address a long-standing inequality and gap in the social safety net. As well, our goal in designing the Benefit has been to supplement, rather than replace, existing benefits and supports.

Throughout our engagement process, we have heard from the disability community that many persons with disabilities face barriers when applying for disability supports and benefits. Our aim would be to make the application process for this Benefit as simple as possible. Persons with disabilities and the disability community will continue to be engaged, including throughout the regulatory process to ensure that the application process for the proposed Benefit is as simple and seamless as possible.

46. Will the government change the Disability Tax Credit (DTC) and the Registered Disability Savings Plan to allow greater access or to benefit those living in poverty?

The purpose of BillC-22 is to reduce poverty and support the financial security of working-age Canadians with disabilities through the creation of a new Canada Disability Benefit. The bill does not propose changes to the DTC or to the RDSP or any other federal benefit or program.

Accessible Canada / Accessibility Standards

Commitment text: Proceeding with the implementation of the Accessible Canada Act and the harmonization of accessibility standards across Canada.

Accessible Canada / Accessibility Standards

Commitment text: Proceeding with the implementation of the Accessible Canada Act and the harmonization of accessibility standards across Canada.

CDB

Commitment text: Move forward with the design, introduction and implementation of a Canada Disability Benefit Act and Canada Disability Benefit for low-income working age persons with disabilities.

DIAP

Commitment text: Finalize and release Canada’s Disability Inclusion Action Plan, in consultation with the disability community, with early actions in key areas of financial security and employment, creating disability-inclusive spaces and adopting a modern approach to a common definition of disability across the Government of Canada.

Disability Programs – Access

Commitment text: Undertaking a comprehensive review of access to federal disability programs, including for Canadians with mental health challenges.

Disability Organizations – Capacity

Commitment text: Supporting national disability organizations to build capacity and partner in efforts to eliminate systemic barriers.

Employment strategy for Canadians with disabilities

Commitment text: Launching an employment strategy for Canadians with disabilities.

Print disabilities

Commitment text: Advancing our commitment to permanently fund support services that ensure equitable access to reading and other published works for Canadians with print disabilities.

Ratna Omidvar – chair, Independent Senators Group; Province: Ontario (Ontario)

Biography

In April 2016, Prime Minister Trudeau appointed Ms. Omidvar to the Senate of Canada as an independent Senator representing Ontario. As a member of the Senate’s Independent Senators Group she holds a leadership position as the Scroll Manager. Ratna Omidvar is an internationally recognized voice on migration, diversity and inclusion. She came to Canada from Iran in 1981 and her own experiences of displacement, integration and citizen engagement have been the foundation of her work.

Senator Omidvar is the founding Executive Director and currently a Distinguished Visiting Professor at the Global Diversity Exchange (GDX), Ted Rogers School of Management, Ryerson University. GDX is a think-and-do tank on diversity, migration and inclusion that connects local experience and ideas with global networks. It is dedicated to building a community of international leaders who see prosperity in migration. Previously, Senator Omidvar was the President of Maytree, where she played a lead role in local, national and international efforts to promote the integration of immigrants.

Senator Omidvar is the current Co-Chair of the Global Future Council on Migration hosted by the World Economic Forum and serves as a Councillor on the World Refugee Council. She is also a director at the Environics Institute, and Samara Canada and is the Toronto Region Immigrant Employment Council’s Chair Emerita and was formerly the Chair of Lifeline Syria.

Senator Omidvar is co-author of Flight and Freedom: Stories of Escape to Canada (2015), an Open Book Toronto best book of 2015 and one of the Toronto Star's top 5 good reads from Word on the Street. She is also a contributor to The Harper Factor (2016) and co-editor of 5 Good Ideas: Practical Strategies for Non-Profit Success (2011). Senator Omidvar received an Honorary Degree, Doctor of Laws, York University in 2012.

Senator Omidvar has also been recognized by Canada's national newspaper, The Globe and Mail, by being named as its Nation Builder of the Decade for Citizenship in 2010. She was named to the inaugural Global Diversity List sponsored by The Economist magazine in 2015, as one of the Top 10 Diversity Champions worldwide. In 2016, she also received Lifetime Achievement Awards from CivicAction and the Canadian Urban Institute, honouring her strong commitment to civic leadership and city building.

Margo Greenwood, Independent Senators Group; Province: British Columbia (British Columbia)

Biography

Not yet on senate website… the below is from PMO:

Dr. Margo Greenwood is an internationally recognized and highly respected Indigenous scholar of Cree ancestry. She is a researcher, author, and mother with over 30 years of experience focused on the health and well-being of Indigenous children, families, and communities.

Dr. Greenwood has worked at the University of Northern British Columbia (UNBC) since 1997. She is a full professor in UNBC’s Education program and the Academic Leader of the National Collaborating Centre for Indigenous Health, hosted by UNBC. Earlier this year, she was appointed interim Scientific Director of the Institute of Indigenous Peoples’ Health with the Canadian Institutes of Health Research.

Over the course of her career, Dr. Greenwood has held numerous leadership roles with health, policy, and research institutes, including Site Director for the Centre of Excellence for Children and Adolescents with Special Needs; Leader of the Aboriginal stream of the ActNow BC initiative; and Vice-President of Indigenous Health for the Northern Health Authority of British Columbia. Dr. Greenwood’s career has also included working as an early learning instructor and administrator with colleges and schools across Canada, as well as with the Meadow Lake Tribal Council.

Dr. Greenwood serves on the boards of the College of Physicians and Surgeons of British Columbia and the British Columbia Patient Safety and Quality Council. She has led, and lent expertise to, the development of social policies and programs provincially, nationally, and internationally. Dr. Greenwood is a published author on health, education, social work, and Indigenous studies.

Dr. Greenwood is an Officer of the Order of Canada and the recipient of many distinctions, including the Queen Elizabeth II Golden Jubilee Medal for her work with Indigenous and non-Indigenous children in early childhood education; the Perry Shawna Leadership and Advocacy Award from the British Columbia Aboriginal Child Care Society; the National Aboriginal Achievement Award (now Indspire Award) for Education from the National Aboriginal Achievement Foundation; and the Confederation of University Faculty Associations of British Columbia’s Academic of the Year Award.

Dr. Greenwood holds a Bachelor of Education from the University of Alberta, a Master of Arts from the School of Child and Youth Care at the University of Victoria, and a Ph.D. in Education from the University of British Columbia.

F. Gigi Osler, Canadian Senators Group; Province: Manitoba (Manitoba)

Biography

Flordeliz (Gigi) Osler is an internationally renowned surgeon, an assistant professor at the University of Manitoba, and a dedicated advocate for equity, diversity, and inclusion.

Dr. Osler currently operates out of 2 clinics, including one in the Otolaryngology-Head and Neck Section of the St. Boniface Hospital where she served as Section Head from 2010 to 2019. In 2018, Dr. Osler became the first woman surgeon and the first racialized woman elected President of the Canadian Medical Association (CMA), where she led the development of the CMA’s first ever policy on equity and diversity. Dr. Osler has also been the President of the Federation of Medical Women of Canada since 2021, the Chair of the Canadian Medical Forum since 2020, and Co-Chair of the Virtual Care Task Force since 2019.

Born in Winnipeg to immigrant parents from the Philippines and India, Dr. Osler serves as a role model, research supervisor, and mentor for Filipino and other racialized medical students in Manitoba and across Canada, including within the Filipino Association of Medical Students in Manitoba. She also volunteers annually to train other surgeons in Africa and has been a key voice in raising awareness of the health impacts of climate change in Canada.

Dr. Osler holds a medical degree from the University of Manitoba, where she also completed her residency training, and a Graduate Certificate in Global Surgical Care from the University of British Columbia. She also completed a Rhinology fellowship at St. Paul’s Hospital in Vancouver.

Dr. Osler is the recipient of numerous honours and awards, including the University of Manitoba Distinguished Alumni Award and the Association of Faculties of Medicine of Canada May Cohen Equity, Diversity and Gender Award. She has been named as a Women’s Executive Network (WXN) 2019 Canada’s Most Powerful Women: Top 100 Award Winner and to the Medical Post’s 2021 Power List. Dr. Osler was also inducted into the Government of Canada’s Women of Impact in Canada online gallery in 2022.

Rose-May Poirier, Conservative Party of Canada; Province: New Brunswick (Saint-Louis-de-Kent)

Biography

Prior to entering provincial politics, Rose-May Poirier was a successful businessperson, working as an insurance representative for Assomption Vie and as an executive VIP manager for Tupperware Canada. During her career, she received numerous distinctions as a sales leader, manager and recruiter, including leading one of the top sales teams in Canada and as one of the best salespeople in North America.

Her political career began at the municipality level where she served 2 terms on the Saint-Louis de Kent town council. In 1999, Rose-May Poirier made the jump to provincial politics, representing the people of Rogersville-Kouchibouguac for 3 terms. As a MLA of the Progressive - Conservative Party, Senator Rose-May Poirier was the 1st women to chair the P.C. caucus. Upon her re-election on June 9, 2003, she was appointed Minister of the Office of Human Resources and 2 years later, in February 2006, she was named Minister of Local Government and Minister responsible for Aboriginal Affairs. Appointed to the Senate in 2010, Senator Poirier was previously the Senate Conservative Caucus Chair and the Vice Chair of the National Conservative Caucus from 2011 to 2015. She took back the role as the Senate Conservative Caucus Chair in December 2019. Senator Poirier currently sits on the Standing Committee on Social Affairs, Science and Technology and as Deputy Chair of the Standing Committee on Official Languages. In her community, Senator Poirier has given a lot of her time to various causes: Child Find, Children’s Wish Foundation, Heart and Stroke Foundation, George L. Dumont Tree of Hope campaign and the Friends of the Moncton Hospital as well as economic development for the Kent region.

Frances Lankin, Independent Senators Group Province: Ontario (Ontario)

Biography

Frances Lankin has been a lifelong advocate for workers’ and women’s rights.

ankin served for 11 years in the Legislative Assembly of Ontario (1990 to 2001), holding the positions of Minister of Government Services and Chair of Management Board, Minister of Health and Long Term Care and Minister of Economic Development and Trade. She also spent more than 10 years as the CEO of United Way Toronto.She has contributed to a number of diverse government bodies and initiatives, including as a Member of the Security Intelligence Review Committee, Co-Chair of the Blue Ribbon Committee on Federal Grants and Contributions, Co-Commissioner of the Commission for the Reform of Social Assistance in Ontario, and Member of the Premier’s Advisory Council on Government Business Assets.Lankin has served on several Crown, not-for-profit, charitable and corporate boards, including those of Equal Voice, The Canadian Foundation for Economic Education, the Toronto City Summit Alliance, the University of Toronto's School of Public Policy Advisory Committee, the Board of the Ontario Hospital Association, the Board of the Literary Review of Canada, the Mowat Centre’s Advisory Committee, the National NewsMedia Council, the Ontario Press Council, the Institute of Corporate Directors, Metrolinx, Hydro One and the Ontario Lottery and Gaming Corporation.Lankin is a Member of Privy Council and a Member of the Order of Canada.

She has received Honorary Doctorates from Queen’s University, Ryerson University, the University of Windsor, and Nipissing University and is a recipient of the Queen’s Golden Jubilee and Queen’s Diamond Jubilee Medals. She is also the recipient of numerous awards and recognitions for her community work and involvement in the charitable sector. Lankin was appointed to the Senate on March 18, 2016. She is a member of the National Security and Intelligence Committee of Parliamentarians.

Stan Kutcher, Independent Senators Group; Province: Nova Scotia (Nova Scotia)

Biography

Appointed to the Senate in December of 2018 by Prime Minister Justin Trudeau, Senator Kutcher is a leading psychiatrist and professor who has helped young people successfully manage major mental illnesses. Dr. Kutcher studied history and political science before earning a medical degree from McMaster University. He continued his education in Toronto and in Edinburgh, Scotland before returning to Canada and joining the University of Toronto.It was there that he made his first of many major contributions to Canadian health care, taking Sunnybrook Hospital’s adolescent psychiatry division and transforming it into an innovative clinical and research facility. He also pioneered research into the causes of and treatments for youth with major mental illnesses such as bipolar illness, schizophrenia and depression.Dr. Kutcher then became Head of the Psychiatry Department at Dalhousie University followed by appointments as Associate Dean for International Heath and the Sun Life Financial Chair in Adolescent Mental Health.In addition to his professional practice, Dr. Kutcher has served on the board of the Art Gallery of Nova Scotia and the board of the Spryfield Boys and Girls Club. He also led the development of a national youth mental health framework for Canada as a member of the Child and Youth Advisory Committee of the Mental Health Commission of Canada.Dr. Kutcher has also received numerous awards and honours for his work, including the Order of Nova Scotia, the Canadian Academy of Child and Adolescent Psychiatry’s Naomi Rae-Grant and Paul D. Steinhauer Advocacy awards, the McMaster University Distinguished Alumni Award and the Association of Faculties of Medicine of Canada’s John Ruedy Award for Innovation in Medical Education.

Patricia Bovey – Deputy Chair, Progressive Senate Group;Province: Manitoba (Manitoba)

Biography

Senator Patricia Bovey was appointed to the Senate by Prime Minister Justin Trudeau on November 10th, 2016. Prior to being appointed to the Senate, Senator Bovey was a Winnipeg-based gallery director and curator, art historian, writer, professor and, for many years, a management consultant in the arts and not-for-profit sector.Former Chair of the Board of Governors of the University of Manitoba, she has served on the Boards of the National Gallery of Canada (2005 – 2009) and the Canada Council for the Arts (1990-1993); the 1986 Withrow/Richard Federal Task Force on National and Regional Museums; the National Board for the Canadian Center for Cultural Management at the University of Waterloo (2002 to 2010); is a past Chair of the Board of Governors of Emily Carr University and of the Canadian Art Museum Directors Organization. She was a member of the Public Art Committee of the City of Winnipeg (2003 to 2007), and of the Mayor’s Task Force on Public Art to develop Winnipeg’s Public Art Policy (2002 to 2003). Former member of the Board of the University of Manitoba Press, she presently serves on the Eckhardt-Gramatté Foundation. She served as Board Chair of the Centre for Contemporary Canadian Art, and was a member of the Pierre Elliott Trudeau Foundation; the Manitoba Rhodes Scholarship and Loran Scholarship Selection committees; the board of Manitoba Artists in Healthcare and the Manitoba Chamber Orchestra. Senator Bovey was a recipient of the 2015 Winnipeg Arts Council Investors Making a Difference Award, Senator Bovey’s honours include her appointment as Fellow of the UK’s Royal Society for the Arts, and as Fellow of the Canadian Museums Association; the Canada 125 Medal; the Queen’s Golden Jubilee Medal; Winnipeg’s 2002 Woman of Distinction for the Arts; the Canadian Museums Association Distinguished Service Award; the Royal Canadian Academy of Arts Medal; and the 2013 Association of Manitoba Museum’s inaugural Award of Merit.Bovey’s consulting since 2005 has focused on governance, policy development and strategic and business planning for galleries, museums and multi-disciplinary arts organizations.

Chantal Petitclerc, Independent Senators Group; Province: Quebec (Grandville)

Biography

The Honourable Chantal Petitclerc is not only an internationally renowned athlete, but also a compassionate person. When she was 13 years old, she lost the use of her legs in an accident. While Petitclerc was developing her skills as a wheelchair athlete, she pursued her studies, first in social sciences at the CEGEP de Sainte-Foy and then in history at the University of Alberta in Edmonton. She overcame adversity and many obstacles to become a proven leader in the sports world. Her gold medals in the Paralympic Games, Olympic Games and Commonwealth Games, the various awards and accolades she has received, and her appointment as Team Canada’s Chef de Mission for the Rio Paralympic Games are all markers of her success. Her many achievements and her personal journey have also made her an in-demand public speaker, recognized across Canada. She has been the spokesperson for Défi sportif AlterGo for 17 years, and is an ambassador for the international organization Right to Play. A tireless advocate for the contributions people with disabilities have made to our society, she plays a definitive role in building a more inclusive society. Her example inspires people to overcome their obstacles and achieve their full potential. Through her experiences, Senator Petitclerc has also learned a lot about the particular characteristics of various communities, as well as how decisions are made at the national level. As someone who has functional limitations herself, she has a good understanding of the needs of various minority communities and would like to ensure their voices are heard. The Senator is a Companion of the Order of Canada and a Knight of the Order of Quebec. She received the Lou Marsh Trophy for Canadian Athlete of the Year and was inducted into the Canadian Paralympic Hall of Fame. She has also received 4 honorary doctorates. In addition, Senator Petitclerc sits on various committees and boards of directors, where she provides her dynamic and unique perspective.

Rosemary Moodie, Independent Senators Group; Province: Ontario (Ontario)

Biography

Appointed to the Senate in December 2018 by Prime Minister Justin Trudeau, Senator Moodie is a Jamaican-born paediatrician and neonatologist. After graduating from the University of the West Indies, she completed postgraduate training in Paediatric and Neonatal/Perinatal Medicine at Hospital for Sick Children in Toronto. She is senior neonatologist, clinical teacher and associate professor in the Department of Paediatrics at the University of Toronto. She is Fellow of Royal College of Physicians of Canada and Fellow of American Academy of Pediatrics. Her research has focused on the social determinants of breastfeeding practice and she has written extensively on regional health services and physician human resource planning.Senator Moodie is a well-recognized national and international medical leader. She has supported organizations and stakeholders in policy development and advocacy to improve health equity and expand quality health care access to the most vulnerable, underserved and marginalized population. Her work included Corporate Chief of Paediatrics and Medical Director of the Regional Maternal Child Program Rouge Valley Health System; Maternal, Child, Youth, and Gynaecology Lead for Central East Local Health Integration Network; and regional and provincial committees, such as the Child Health Network and Provincial Council of Children’s Health. Her expertise also includes health care planning locally and internationally.Further, Senator Moodie is an Accreditation Canada hospital surveyor with extensive experience improving the quality of health care delivery across Canada and worldwide.Senator Moodie has been a strong advocate for woman and girls. Her contributions to reducing social inequities and health disparities among children and communities have been significant. She is on the Board of Directors for the inaugural board of Providence Healthcare, St. Joseph’s Health Centre, and St. Michael’s Hospital (Unity Health Toronto) and the ScotiaBank Jamaica Foundation.

Wanda Thomas Bernard, Progressive Senate Group; Province: Nova Scotia (East Preston)

Biography

Dr. Wanda Thomas Bernard is a highly regarded social worker, educator, researcher, community activist and advocate of social change. She has worked in mental health at the provincial level, in rural community practice at the municipal level, and, since 1990, as a professor at the Dalhousie School of Social Work, where she also served as director for a decade. In 2016, she was appointed Special Advisor on Diversity and Inclusiveness at Dalhousie University and she is the first African Nova Scotian to hold a tenure track position at Dalhousie University and to be promoted to full professor. Dr. Thomas Bernard has worked with provincial organizations to bring diversity to the political processes in Nova Scotia and teach community members about Canada’s legislative process and citizen engagement. She is a founding member of the Association of Black Social Workers (ABSW) which helps address the needs of marginalized citizens, especially those of African descent. As a former member of the Nova Scotia Advisory Council on the Status of Women, and as its past Chair, was instrumental in the development of advice to ministers regarding frameworks for gender violence prevention and health equity. At the national level, she has served as a member of the National Coalition of Advisory Councils on the Status of Women. She has served as an expert witness in human rights cases and has presented at many local, national and international forums. Dr. Thomas Bernard has received many honours for her work and community leadership, notably the Order of Nova Scotia and the Order of Canada.

Josée Verner, Canadian Senators Group; Province: Quebec (Montarville)

Biography

Josée Verner was first elected as a Member of Parliament in 2006 and re-elected in 2008. In February 2006, Ms. Verner was appointed Minister of International Cooperation and Minister for La Francophonie and Official Languages. In August 2007, she was named Minister of Canadian Heritage, Status of Women and Official Languages. In addition in May 2008, she was re-appointed Minister for La Francophonie. In October 2008, she was named minister of Intergovernmental Affairs, President of the Privy Council for the Queen of Canada, Minister for La Francophonie as well as Minister responsible for the region of Quebec.In June 2011, she was appointed to the Senate of Canada.Ms. Verner has spent close to twenty years in communications and the public service.

Marilou Mcphedran, Non-affiliated; Province: Manitoba (Manitoba)

Biography

Born and raised in rural Manitoba, Canada, called to the Bar of Ontario (1978 to 2007), named a Member of the Order of Canada (1985) in recognition of her co-leadership in the successful campaign for stronger gender equality protections in the Canadian constitution and appointed to the Senate of Canada by Governor General David Johnston on the recommendation of Prime Minister Justin Trudeau in 2016, Marilou McPhedran is a legally trained advocate and educator who specialized in teaching and developing systemic and sustainable change mechanisms to promote equality and diversity, having co-founded several internationally recognized non-profit Canadian organizations, such as LEAF - the Women’s Legal Education and Action Fund, which has conducted constitutional equality test cases and interventions for 30-plus years, METRAC - the Metropolitan Action Committee on Violence Against Women and Children, and the Gerstein Crisis Centre for homeless discharged psychiatric patients.

She founded the International Women’s Rights Project in 1998 and the Institute for International Women’s Rights at Global College in 2009 - based on her intergenerational models “evidence-based advocacy” and “lived rights”. When Chief Executive Officer of a Federal Centre of Excellence based at York University, Canada, she directed staff and programs that included a cyber research network on women’s health and rights.

She has developed human rights courses online and in the classroom and has chaired 3 independent inquiries into the sexual abuse of patients (1991 to 2015), co-investigated and co-authored applied research, including: the first international study to assess impact of the UN Convention on the Elimination of all forms of Discrimination Against Women in 10 countries (1998 to 2000); What about accountability to the patient? (2001), the National Study on Rural, Remote and Northern Women’s Health in Canada (2001 to 2003); the textbook, Preventing Sexual Abuse: a Legal Guide for Health Care Professionals (2004); a strategy paper for Canada’s ambassador to the UN, Engendering the ‘Responsibility to Protect’ Doctrine (2005); Women’s Constitutional Activism in South Africa and Canada (2009 International Review of Constitutionalism); 28-Helluva Lot to Lose in 27 Days: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation (2015).

Her authorship includes: the 2006 National Journal of Constitutional Law article, Impact of S.15 equality rights on Canadian society: beacon or laser?; the 2007 Supreme Court Law Review article A Truer Story: Constitutional Trialogue; and the 2014 Michigan State Law Review article, Complements of CEDAW - U.S. foreign policy coherence on women’s human rights and human security.

A pioneer in research and advocacy to promote human rights through systemic reform in law, medicine, education, governance, she chaired the 2006 international Forum on Women’s Activism in Constitutional Reform, held the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan College of Law, was appointed Chief Commissioner of the Saskatchewan Human Rights Commission in 2007, and was Principal (Dean) of The University of Winnipeg Global College in Manitoba from June 2008 to July 2012, then served as the Human Rights Fellow in the UNFPA Geneva Liaison Office and taught as a Visiting Professor at the UN-mandated University for Peace in Costa Rica in 2012 to 2013.

From 2008 to 2019, she was a tenured full professor at the University of Winnipeg. She was the founding director of the Institute for International Women’s Rights at Global College from 2009 to 2016 and the creator / director of the annual ‘Human Rights UniverCity’ summer institute based at the Canadian Museum for Human Rights from 2011 to 2018.