9. (Employment and Social Development) Measures Related to the Canada Disability Benefit – Division 43

Questions & Answers

Part 4
Division 43 – Measures Related to the Canada Disability Benefit

Q. What is the purpose of the proposed amendments?

A. The Canada Disability Benefit Act provides that individuals can appeal decisions made under the Act regarding ineligibility and the amount of the benefit, and other decisions that may be prescribed.

The proposed amendments, along with regulations to be made under the Canada Disability Benefit Act, would establish the appeals process for the benefit.

The amendments would integrate appeals of decisions made under the Canada Disability Benefit Act into the existing statutory scheme for the Social Security Tribunal and the Tax Court of Canada.

Detailed provisions regarding the appeals process would be set out in regulations made under the Canada Disability Benefit Act.

Q. What would the proposed amendments do?

A. The Department of Employment and Social Development Act would be amended to provide authority to the Social Security Tribunal to hear appeals of decisions made under the Canada Disability Benefit Act and to require that the Tribunal refer decisions or determinations made by the Minister as to income under the Canada Disability Benefit Act to the Tax Court of Canada for decision. Related to this, the Tax Court of Canada Act would be amended to give the Tax Court of Canada jurisdiction to hear income-related references from the Social Security Tribunal in respect of appeals made under the Canada Disability Benefit Act and to extend the Court’s informal procedure to such references.

The proposed amendment to the Federal Courts Act would provide that applications for judicial review of Social Security Tribunal decisions relating to extensions of time for making requests for reconsiderations under the Canada Disability Benefit Act go to the Federal Court rather than to the Federal Court of Appeal, consistent with reviews of such decisions made in relation to the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act.

Q. Why are you proposing to include the Tax Court of Canada in appeals under the Canada Disability Benefit Act?

A. The Canada Disability Benefit will be an income-tested benefit. An individual’s eligibility for the benefit and the amount of the benefit will depend on their income, as determined under regulations to be made under the Canada Disability Benefit Act. Consistent with appeals made to the Social Security Tribunal under the Old Age Security Act on a ground related to income, the Social Security Tribunal would refer income-related issues to the Tax Court of Canada, which has experience and expertise in deciding such issues.

Q. Will persons with disabilities have to know which of the two appeals bodies to go to?

A. No. All appeals of decisions made under the Canada Disability Benefit Act will go to the Social Security Tribunal. If a ground of the appeal relates to income, the Tribunal will refer the appeal on that ground to the Tax Court of Canada for decision. The Court’s decision will then be communicated to the Tribunal, which will be responsible for hearing all other grounds of the appeal and for issuing the final decision on the appeal.

Q. Were persons with disabilities consulted on the appeals process?

A. During the parliamentary process for the Canada Disability Benefit Act and pre-regulatory engagement (including an online engagement tool and a roundtable on administrative processes), persons with disabilities and other stakeholders advocated for an administrative tribunal to deal with appeals under the Act. A number of stakeholders specifically referenced the Social Security Tribunal and spoke favourably of its navigator service for unrepresented appellants.

Overview

Part 4
Division 43 – Measures Related to the Canada Disability Benefit

The proposed amendments, along with regulations to be made under the Canada Disability Benefit Act, would establish the appeals process for decisions made under that Act.

Under the Canada Disability Benefit Act, the Minister must pay a Canada Disability Benefit to persons who are eligible for the benefit, apply or have an application made on their behalf, and meet any other conditions set out in the regulations.

The Act provides that, subject to regulations, a person, or a person acting on their behalf, may appeal to a body identified (the Social Security Tribunal has been identified) in regulations decisions made under the Act that relate to eligibility and the amount of the benefit, and other decisions that may be prescribed.

The Department of Employment and Social Development Act (DESDA) would be amended to provide authority to the Social Security Tribunal to hear appeals of decisions made under the Canada Disability Benefit Act. DESDA would also be amended to require that the Social Security Tribunal refer income-related appeals made under the Canada Disability Benefit Act to the Tax Court of Canada. This would establish a process for appeals similar to that under the Old Age Security Act.

In addition, related to the above, the Tax Court of Canada Act would be amended to give the Tax Court of Canada jurisdiction to hear income-related references from the Social Security Tribunal in respect of appeals made under the Canada Disability Benefit Act, and to extend the Court’s informal procedure to such references.

Finally, the Federal Courts Act would be amended to provide that applications for judicial review of Social Security Tribunal decisions relating to extensions of time for making requests for reconsiderations under the Canada Disability Benefit Act go to the Federal Court rather than to the Federal Court of Appeal, consistent with reviews of such decisions made in relation to the Old Age Security Act, the Canada Pension Plan and the Employment Insurance Act.

The proposed amendments would come into force upon royal assent.