Senate Approves Bill C-22 (Canada Disability Benefit) With Amendments

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As some of you may know, the Senate has passed Bill C-22 with amendments. You can thank Senators for adding in a clause that will prevent long-term disability insurance companies form clawing back benefits for those getting both LTD and CBD. This is a clause that should have been in the Bill form the start.

This amended Bill now goes back to the House of Commons. Where they have the choice to approve the Bill with the Senate’s amendments, or they can debate it and vote to remove the amendments. If they make any changes, the Bill has to go back to the Senate again.

The house of commons closes on June 23, 2023. So, it is critical that this Bill get passed by the House of Commons by that date. Otherwise, this will get delayed again to the fall of 2023, and we risk having the Bill die again because of a new election.

Please reach out to your member of parliament to tell them the importance of having this Bill passed before June 23.

David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-917-7050 to speak with a member with our disability claim support team.

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Is there a date for the house to vote on it?

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You can track the status here: C-22 (44-1) - LEGISinfo - Parliament of Canada

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I checked the open petitions for this Bill and was unable to find one. Does anyone know how to lobby a parliamentarian to start a petition? Do you blanket email all of them or choose a specific one?

Sorry if this seems a rather basic question, I’m unclear about how to proceed.

Thanks in advance!

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Will people receiving non-taxable LTD have to disclose the amount to the government?

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I think the bigger issue will be the LTD insurer knowing that you have a non taxable and they will get you to apply for the new benefit and will be able to claw it all back. I think for people like you and me on CPPD with a non taxable benefit we are not going to see a cent. Thank the government for giving into the insurance lobbyists.

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David is saying that the legislation now prevents LTD insurers from clawing it back.

However it probably will be income tested and quite possibly only top up people to around the poverty line. It will be critically important especially for people who were quite seriously disabled before they could enter the workforce.

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Who will that be for, you had to work to get CPPD and LTD?
People on provincial plans?

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Yep, birth injuries, genetic diseases, childhood accident kind of things.

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Actually amendment was rejected by Government on July 14 (you can check this link), so Insurance companies will be able to claw back this new benefit:

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Wow, the insurance lobby won.

I’d like to see how a specific MP voted.

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Wow that is pathetic. Relieving insurers of paying for the benefits that were already priced into their contracts stinks. What a windfall for the people who least need it.

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Gov:

We have also engaged with the private insurance industry. The feedback we have received from the industry is that they would not choose to offset or claw back income that is considered social assistance or a poverty reduction measure.

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Just to clarify, that was the proposed legislation as amended by the senators. But the Liberals rejected it and required the insurance clawback to stay in. So, the verision of the bill that includes the insurance clawback is now back at the Sentate for them to vote on. I expect the Senate will back down and just vote to approve the version of the bill the Liberals wanted that allows the insurance clawback.

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Because we can always trust the insurance industry’s word…who need to get it in writing.

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Why can’t the gov use the not withstanding clause?
I hope the Senate doesn’t cave.
I find it offensive insurance companies can increase profits by doing nothing.

I got an email from LeadNow (a lobby group) who want me to sign a petition encouraging the Senate to approve it.
I deleted the email because I don’t want them to approve the clawback.

I assume this benefit raises each year for inflation.
Could new insurance company clawback the original amount or the inflation amount?
I think they only clawback the original amount of my CPPD.

What will prevent provinces from cancelling or lowering support like ODSP in Ontario?

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Will the new benefit be based on household income or will everyone get an increase?

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It passed today.
The Senate caved to the insurance lobby. :frowning:
It’ll probably be like GIS, I have no idea if it is household income but I don’t think it is.
The insurance company will claw it back if you get LTD.

The other discussion about the same thing is:

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The notwithstanding clause is part of the Charter of Rights and it only works for violating certain Charter rights. It doesn’t apply to the separation of powers between the provinces and the feds in the original Constitution…

A second problem would be that when the notwithstanding clause is invoked it has to be refreshed every 5 years, or else the violating statute falls away…