Additional information related to the Canada Disability Benefit Regulations and Engagement

On this page

• How will the Government involve disability stakeholders in the development of the Canada Disability Benefit regulations
• What have you heard from engagement on the Benefit thus far – What additional input is needed to support the development of the regulations and the implementation of the Benefit
• How is the Government providing a barrier-free engagement process and reaching the most marginalized people during the engagement process
• What are the expected timelines for the engagement and regulatory processes
• What opportunities will there be to engage on the application process for the benefit
• Will the government be providing funding to organizations to support engagement
• What were the planned discussion themes and areas of focus for each of the roundtables - How were they structured – Were they open or by invitation
• If I am not able to participate in any of the roundtables, how can I submit my feedback on the Benefit
• Will there be a waitlist for the Benefit
• Is there anything I can do in advance to ensure that my existing provincial territorial benefits will not be reduced
• What is meant by working-age

The Canada Disability Benefit Act received Royal Assent on June 22, 2023. The Act provides the legal framework for a new Canada Disability Benefit. The goal of the Benefit is to reduce poverty and support the financial security of working-age persons with disabilities. As framework legislation, the details of the Benefit—such as eligibility and amount—will be set in future regulations. This approach follows the spirit of “Nothing Without Us”. It lets the Government continue to engage with Canadians with disabilities and other stakeholders to inform the Benefit’s design.

Since 2021, the Government has engaged the disability community and other stakeholders on the Canada Disability Benefit and the Disability Inclusion Action Plan. This engagement has included virtual roundtables, bilateral meetings, an online survey, disability community-led engagement and Indigenous community-led engagement.

To create regulations for the Canada Disability Benefit, the Government launched a 2 phase engagement process in the Summer of 2023. Phase 1, which is the regulatory design phase, started with an Information Session in August 2023 and was followed by a series of ministerial roundtables. The roundtables heard the lived experiences of and perspectives on the Benefit from persons with disabilities. They included women, racialized Canadians, and youth. Phase 1 also included technical roundtables, bilateral meetings, an online engagement tool, and the opportunity to submit input to the Office for Disability Issues directly. This phase informs the design details and implementation of the new Benefit.

The next opportunity to provide input will be in Phase 2 of the engagement process, which will take place after the draft regulations are published in Part I of the Canada Gazette where Canadians will have the opportunity to comment on the draft regulations. The Government will analyze the comments received and revise the regulations as needed. Then the final regulations will be published in Part II of the Canada Gazette.

The information below gives an overview of the engagement done to date. It also has further details on upcoming and completed engagement activities.

How will the Government involve disability stakeholders in the development of the Canada Disability Benefit regulations

Answer: Our goal is to have an accessible engagement process for the disability community to engage on the regulatory design of the Canada Disability Benefit.

It is important to note that we are not starting from scratch. Consultations related to the Benefit and the Disability Inclusion Action Plan took place in 2021, 2022, and during the parliamentary process for the Act. The community gave much input regarding the need for, and the potential parameters of, the Benefit. This work is being fed into the drafting of proposed regulations.

Engagement for the development of the Canada Disability Benefit regulations began with an online information session on August 23, 2023. Approximately 100 disability stakeholder groups and individuals attended. Throughout the fall and winter, we have held online roundtables and bilateral meetings with persons with disabilities and stakeholder organizations. We sought their perspectives on the Benefit’s design and implementation.

We also launched an online engagement tool on November 15, 2023, which closed on January 4, 2024.

The Canada Disability Benefit regulations will be drafted by the Department of Justice based on instructions provided by Employment and Social Development Canada.

Once developed, the draft regulations as approved by the Cabinet will be published in Part I of the Canada Gazette for a 65-day comment period. This will be the next opportunity to provide input. Depending on the comments received during this period, the regulations may be revised, and the finalized regulations will then be published.

What have you heard from engagement on the Benefit thus far – What additional input is needed to support the development of the regulations and the implementation of the Benefit

Answer: We had collected input on a variety of the Benefit’s components before the current engagement process. This included:

• feedback from roundtables held between summer 2021 and winter 2022
• briefs from organizations and groups that have been submitted to Minister Qualtrough and Employment and Social Development Canada
• submissions to parliamentary committees, and
• reports and outcomes from community and Indigenous-led engagement efforts

During this prior engagement, some of what we heard includes:

• impact of poverty on persons with disabilities and the increased costs of living they face everyday – which has been made worse by COVID
• need to reduce barriers in accessing benefits – given that application processes can place a heavy burden on applicants
• different definitions of disability used by different programs can cause confusion
• concerns about how the new Benefit may interact with existing federal and provincial/territorial supports – in particular, concerns about how the new support could mean decreases in support they already receive
• important role of disability service providers in ensuring access to benefits, both in terms of making people aware of existing supports and helping to navigate application processes
• need for specific and targeted outreach and education to hard-to-reach populations and racialized communities to ensure they see themselves as potential applicants
• concerns about the potential interactions between the Benefit and employment earnings

There were some gaps in data that remained. In the engagement to inform the development of regulations, we have collected input on the gaps identified below through technical roundtables (where persons with disabilities as well as experts and other stakeholders provided their perspectives), the online engagement tool, as well as through bilateral meetings and briefs and feedback submitted directly.

The gaps included:

How is the Government providing a barrier-free engagement process and reaching the most marginalized people during the engagement process

Answer: The Canada Disability Benefit Act requires a broad and barrier-free consultation process.

We reached out to organizations and individuals who represent diverse and marginalized populations. We also reached out to individuals who have reached out to us or to Parliament. We got the word out that we wanted to hear from as many people as possible.

We have reached out to smaller community-based organizations and provided many ways for people and organizations to submit input. This included mail, email, online engagement, and other accessible formats.

We will provide further information as further opportunities arise.

What are the expected timelines for the engagement and regulatory processes

Answer: Advancing the Canada Disability Benefit is a key government priority. We are moving forward now with the engagement process to get regulations in place and make this critical new measure a reality.

The Canada Disability Benefit Act requires that regulations be made no later than June 2025. Our top priority is rolling out the Benefit as quickly as possible without sacrificing the quality of consultations or the Benefit itself.

There are several steps that need to be taken to make regulations. Throughout fall 2023 and winter 2024, we engaged on the design of the regulations. Following this and after the development of the regulatory proposal, organizations will have a crucial role during the second, more formal phase of engagement. It will begin with the pre-publishing of the draft regulations in Part I of the Canada Gazette. Once published, individual Canadians and organizations will be able to review and provide comments on the draft regulations. The comment period for the Canada Disability Benefit regulations will be approximately 65 days. Once the comment period closes, the Government will analyze the comments received and revise the regulations as appropriate in response to the feedback.

What opportunities will there be to engage on the application process for the benefit

Answer: We have heard from the disability community that many persons with disabilities face barriers when applying for disability supports and benefits. We heard this throughout early consultation on the Canada Disability Benefit, through parliamentary testimony and submissions, and through engagement held this fall.

We know that providing an accessible application is a crucial element in getting the Benefit to those who need it. That is why engagement on the design of the Canada Disability Benefit regulations dove into the specifics of the application process. We strove to better understand how to reduce barriers in the application process. We are now analyzing the results of this engagement.

It is also important to note that not all elements of the administration of the Benefit will be in the regulations. Some areas will be developed as part of the implementation process and departmental administrative policies and processes. These will be established to implement the Benefit based on the legal framework established. Improvement of administrative aspects of the Benefit will continue past the current regulatory design phase, as the processes and systems are developed to deliver the new Benefit.

Will the government be providing funding to organizations to support engagement

Answer: Funding has previously been allocated to support organizations leading engagement processes. In 2021, the Government invested $650K over 2 years through Employment and Social Development Canada’s Social Development Partnerships Program (Disability Component). This funding was given to undertake broad consultations with the community on the Disability Inclusion Action Plan.

The Canada Disability Benefit is the key initiative for the financial security pillar of the Disability Inclusion Action Plan. Independent Living Canada, in partnership with Muscular Dystrophy Canada, led on this engagement.

$600K was also allocated to National Indigenous Organizations to provide community perspectives on the Disability Inclusion Action Plan. This included the financial security pillar and the Benefit. Some of these projects are still ongoing.

The current phases of engagement are government-led. We have organized sessions and provided mechanisms for feedback. We have aimed to do so in an accessible and inclusive manner, in keeping with the desire to move forward as quickly as possible. We have been focused on exploring specific topics related to the regulations through roundtables, bilateral meetings, and online engagement. This Government-led engagement process will help us deliver the Benefit as soon as possible, and provided us with feedback that will help to inform the drafting of regulations. The community, persons with disabilities and all Canadians will also have the opportunity to provide comments on a draft of the regulations, when published in the Canada Gazette.

What were the planned discussion themes and areas of focus for each of the roundtables - How were they structured – Were they open or by invitation

Answer: Our goal has been to build upon the engagement and input provided to-date. The series of roundtables for the regulatory development were focused on intersectional considerations and areas of the regulations where we had received less input. For instance, we had not received as much input on the administration of the Benefit, including the application process.

To ensure depth of discussion, we invited participants based on the roundtable theme and the expertise or experience they have. Attention was given to regional representation, intersectionality, and a diversity of perspectives. We are also having bilateral meetings with organizations.

Please note that in some areas there is more flexibility to influence the design of the Benefit, like in the application process. Other areas, such as the total amount available for the program, will ultimately be determined by the federal Budget process. However, we sought to hear perspectives on all of the elements of the regulations.

If I am not able to participate in any of the roundtables, how can I submit my feedback on the Benefit

Answer: The next opportunity to provide input will be during Phase 2 of the regulatory engagement process, after the draft regulations are published in Part I of the Canada Gazette. Canadians will have the opportunity to comment on these draft regulations. The Government will analyze the comments received and revise the regulations as needed. Then the final regulations will be published in Part II of the Canada Gazette.

Will there be a waitlist for the Benefit

Answer: There is no waitlist, as the regulations and eligibility criteria are still under development. When regulations and eligibility criteria are finalized, details will be communicated to Canadians on how to apply for the Benefit.

Is there anything I can do in advance to ensure that my existing provincial territorial benefits will not be reduced

Answer: No. The Canada Disability Benefit is intended to be an income supplement not an income replacement. In short, we are working to ensure that no other benefits are reduced or impacted by the Canada Disability Benefit. We are working with provinces and territories to ensure that all Canadians with disabilities are better off as a result of the Canada Disability Benefit.

What is meant by working-age

Answer: Working-age refers to an age-range. This benefit is designed to fill the gap in support between eligibility for the Child Disability Benefit (for children with disabilities under age 18) and Old Age Security and the Guaranteed Income Supplement (for people aged 65 and older). Specifically, the Canada Disability Benefit is being created to reduce poverty and support the financial security of working-age people with disabilities. The regulations will therefore have to define "working-age."