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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 50
Tuesday, December 13, 2022, 3:38 p.m. to 5:35 p.m.
Televised
Presiding
Robert J. Morrissey, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Eleni Kachulis, Analyst
• Mayra Perez-Leclerc, Analyst
• Vanessa Preston, Analyst
Department of Employment and Social Development
• Krista Wilcox, Director General, Office for Disability Issues
• Mausumi Banerjee, Director, Office for Disability Issues
Pursuant to the order of reference of Tuesday, October 18, 2022, the committee resumed consideration of Bill C-22, Canada Disability Benefit Act.

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on new Clause 11.1 of the Bill.

The committee resumed consideration of the amendment of Bonita Zarrillo, — That Bill C-22 be amended by adding after line 3 on page 6 the following new clause:

“Tabling of Regulations

11.1 (1) The Minister must cause each regulation that is proposed to be made to be tabled in each House of Parliament.

(2) A regulation may not be made before the earliest of

(a) 30 sitting days after the proposed regulation has been tabled in both Houses of Parliament,

(b) 160 calendar days after the proposed regulation has been tabled in both Houses of Parliament, and

(c) the day after the appropriate committee of each House of Parliament has reported its findings with respect to the proposed regulation.

(3) The Minister must take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister must cause to be tabled in each House of Parliament a statement of the reasons for not incorporating it.

(4) A proposed regulation that has been tabled under subsection (1) need not be tabled again before the regulation is made, whether or not it has been altered.

(5) For the purpose of paragraph (2)(a), sitting day means a day on which either House of Parliament sits.”

The committee resumed consideration of the subamendment of Louise Chabot, — That the amendment be amended by adding, after paragraph (2) the following:

“(3) A regulation may not be made if the House of Commons adopts a motion rejecting the proposed regulation.”

The question was put on the subamendment of Louise Chabot and it was negatived on the following recorded division:

YEAS: Louise Chabot — 1;

NAYS : Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 6.

By unanimous consent, the amendment was withdrawn.

Louise Chabot moved, — That Bill C-22 be amended by adding after line 3 on page 6 the following new clause:

“11.1 (1) The Minister must table in the House of Commons every regulation that the government proposes to make under paragraphs 11(1)(a) to (c).

(2) A regulation may not be made before the earliest of

(a) 30 sitting days after it is tabled;

(b) 160 calendar days after it is tabled; and

(c) 10 sitting days after a committee table in the House of Commons a report on the proposed regulation, if any.

(3) A regulation may not be made if the House of Commons adopts a motion rejecting the proposed regulation.

(4) The Minister must take into account any report on the proposed regulation that a committee table in the House of Commons. If a regulation does not incorporate a recommendation of the committee, the Minister must table before the House of Commons a statement of the reasons for not incorporating it.

(5) A proposed regulation that has been tabled in the House of Commons need not be tabled again before the regulation is made, whether or not it has been altered.”

After debate, the question was put on the amendment of Louise Chabot and it was negatived on the following recorded division:

YEAS: Louise Chabot — 1;

NAYS: Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 6.

Tracy Gray moved, — That Bill C-22 be amended by adding after line 3 on page 6 the following new clause:

“Report

11.1 Within ten months after the day on which this Act comes into force, the Minister must cause to be tabled in each House of Parliament a report setting out proposed amendments to this Act that would, among other things, specify the eligibility criteria for a Canada disability benefit, the conditions that are to be met in order to receive or continue to receive the benefit and the amount of the benefit or method for determining the amount.”

After debate, the question was put on the amendment of Tracy Gray and it was negatived on the following recorded division:

YEAS: Scott Aitchison, Louise Chabot, Rosemarie Falk, Michelle Ferreri, Tracy Gray — 5;

NAYS: Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 6.

Bonita Zarrillo moved, — That Bill C-22 be amended by adding after line 3 on page 6 the following new clause:

“Progress Report

11.1 (1) Within six months after the day on which this Act comes into force, the Minister must table in the House of Commons a report that sets out the manner in which the obligation to engage and collaborate with the disability community in relation to the development of regulations has been implemented.

(2) The report must be published on the website of the Department of Employment and Social Development.”

Debate arose thereon.

At 4:06 p.m., the sitting was suspended.

At 4:10 p.m., the sitting resumed.

Tony Van Bynen moved, — That the amendment be amended

(a) by adding after paragraph 11.1 the following:

“Tabling

(2) Within one year after the day on which this Act comes into force, the Minister must cause to be tabled in each House of Parliament a report on the progress made in the regulatory process.

(3) The report stands referred to the committee of each House that may be designated or established for the purpose of reviewing the report.”

(b) by replacing “(2)” by “(4)”.

Debate arose thereon.

The question was put on the subamendment of Tony Van Bynen and it was agreed to on the following recorded division:

YEAS: Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 6;

NAYS: Scott Aitchison, Rosemarie Falk, Michelle Ferreri, Tracy Gray — 4.

The question was put on the amendment of Bonita Zarrillo, as amended, and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Louise Chabot, Chad Collins, Rosemarie Falk, Michelle Ferreri, Tracy Gray, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 11;

NAYS: — 0.

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Mike Morrice for the consideration of the committee, was deemed moved:

That Bill C-22 be amended by adding after line 3 on page 6 the following new clause:

“11.1 The Minister must 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.”

After debate, the question was put on the amendment of Mike Morrice and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Louise Chabot, Chad Collins, Rosemarie Falk, Michelle Ferreri, Tracy Gray, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 11;

NAYS: — 0.

By unanimous consent, the committee reverted to Clause 9 previously stood.

The committee resumed consideration of the amendment of Tracy Gray, — That Bill C-22, in Clause 9, be amended by adding after line 25 on page 3 the following:

“(c.1) cannot be recovered, in whole or in part, under any Act of Parliament other than this Act; and”

After debate, the question was put on the amendment of Tracy Gray and it was negatived on the following recorded division:

YEAS: Scott Aitchison, Louise Chabot, Rosemarie Falk, Michelle Ferreri, Tracy Gray — 5;

NAYS: Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 6.

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Mike Morrice for the consideration of the committee, was deemed moved:

That Bill C-22, in Clause 9, be amended by adding after line 28 on page 3 the following:

“(2) The receipt of a disability benefit under an Act of the legislature of a province or territory is not to be taken into consideration in determining the eligibility of the applicant or to reduce the amount of a benefit under this Act.”

By unanimous consent, the amendment was withdrawn.

Clause 9 carried.

On Clause 12,

Tracy Gray moved, — That Bill C-22, in Clause 12, be amended by replacing lines 4 and 5 on page 6 with the following:

“12 As soon as feasible after the first anniversary of the day on which this section comes into force, after the third anniversary of that day and after each”

By unanimous consent, after debate, the question was put on the amendment of Tracy Gray and it was agreed to.

Clause 12, as amended, carried.

Clause 13 carried.

On Clause 14,

Bonita Zarrillo moved, — That Bill C-22, in Clause 14, be amended by replacing lines 18 and 19 on page 6 with the following:

“14 This Act comes into force on the first anniversary of the day on which it receives royal assent.”

Debate arose thereon.

At 4:37 p.m., the sitting was suspended.

At 4:42 p.m., the sitting resumed.

Tracy Gray moved, — That the amendment be amended by replacing the words “on the first” with the words “no later than the first”.

By unanimous consent, the question was put on the subamendment of Tracy Gray and it was agreed to.

The question was put on the amendment of Bonita Zarrillo, as amended, and it was agreed to on the following recorded division:

YEAS: Scott Aitchison, Louise Chabot, Chad Collins, Rosemarie Falk, Michelle Ferreri, Tracy Gray, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 11;

NAYS: — 0.

Clause 14, as amended, carried.

On Preamble,

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Mike Morrice for the consideration of the committee, was deemed moved:

That Bill C-22, in the preamble, be amended

(a) by replacing lines 1 and 2 on page 1 with the following:

“Whereas persons with disabilities are more likely to live in poverty than per-”

(b) by replacing, in the French version, line 4 on page 1 with the following:

“les personnes qui ne sont pas”

The Chair ruled the proposed amendment inadmissible because it sought to amend the preamble. As House of Commons Procedure and Practice, Third Edition, states on page 774: “In the case of a bill that has been referred to committee after second reading, a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill. In addition, an amendment to the preamble is in order when its purpose is to clarify it or to ensure uniformity of the English and French versions.”.

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Mike Morrice for the consideration of the committee, was deemed moved:

That Bill C-22, in the preamble, be amended by adding after line 20 on page 1 the following:

“Whereas Canada, as a signatory to the United Nations Convention on the Rights of Persons with Disabilities, is committed to ensuring an adequate standard of living and social protection for persons with disabilities and their families, especially those living in poverty;

Whereas Canada, as a signatory to the International Covenant on Economic, Social and Cultural Rights, has undertaken to ensure the realization of the right of every person to an adequate standard of living;”

After debate, the question was put on the amendment of Mike Morrice and it was negatived on the following recorded division:

YEAS: Scott Aitchison, Louise Chabot, Rosemarie Falk, Michelle Ferreri, Tracy Gray — 5;

NAYS: Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 6.

Pursuant to the order adopted by the committee on Monday, December 13, 2021, the following amendment, submitted by Mike Morrice for the consideration of the committee, was deemed moved:

That Bill C-22, in the preamble, be amended by adding after line 8 on page 2 the following:

“Whereas the Government of Canada recognizes that person with disabilities must be given meaningful opportunities to collaborate in the development and design of regulations made under this Act;”

After debate, the question was put on the amendment of Mike Morrice and it was negatived on the following recorded division:

YEAS: Scott Aitchison, Louise Chabot, Rosemarie Falk, Michelle Ferreri, Tracy Gray — 5;

NAYS: Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 6.

The Preamble carried.

Clause 1, Short Title, carried.

The Title carried.

The Bill, as amended, was adopted.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-22, as amended, be reprinted for the use of the House of Commons at report stage.

Motion

Bonita Zarrillo moved, — That the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities call upon the government to explore an immediate emergency relief benefit for persons with disabilities due to the rising costs of food and housing.

Debate arose thereon.

At 5:02 p.m., the sitting was suspended.

At 5:12 p.m., the sitting resumed.

The committee resumed consideration of the motion of Bonita Zarrillo, — That the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities call upon the government to explore an immediate emergency relief benefit for persons with disabilities due to the rising costs of food and housing.

The debate continued.

The question was put on the motion and it was negatived on the following recorded division:

YEAS: Louise Chabot, Bonita Zarrillo — 2;

NAYS: Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen — 5.

Motion

Bonita Zarrillo moved, — That, in relation to its study of labour shortages, working conditions and the care economy, the committee make time to finalize the report on the care economy-labour shortages no later than Wednesday, December 14, 2022; and that the report be presented to the House immediately thereafter on the first available sitting day.

Debate arose thereon.

Amendment

Irek Kusmierczyk moved, — That the motion be amended by adding after the words “December 14, 2022” the following: “; that the study be the first item of priority on the agenda”.

After debate, the question was put on the amendment of Irek Kusmierczyk and it was agreed to on the following recorded division:

YEAS: Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 6;

NAYS: Scott Aitchison, Louise Chabot, Rosemarie Falk, Michelle Ferreri, Tracy Gray — 5.

After debate, the question was put on the motion, as amended, and it was agreed to on the following recorded division:

YEAS: Chad Collins, Irek Kusmierczyk, Wayne Long, Soraya Martinez Ferrada, Tony Van Bynen, Bonita Zarrillo — 6;

NAYS: Scott Aitchison, Louise Chabot, Rosemarie Falk, Michelle Ferreri, Tracy Gray — 5.

The motion, as amended, read as follows:

That, in relation to its study of labour shortages, working conditions and the care economy, the committee make time to finalize the report on the care economy-labour shortages no later than Wednesday, December 14, 2022; that the study be the first item of priority on the agenda; and that the report be presented in the House immediately thereafter on the first available sitting day.

At 5:35 p.m., the committee adjourned to the call of the Chair.



Danielle Widmer
Clerk of the committee