When we posted our last update in February 2024, we were waiting to hear more about what the government was going to include in the first draft of the detailed rules on how the law should be carried out (also known as “regulations”.)
Since then – to the surprise of many – when the government announced the 2024 Budget on April 16, they announced that they would invest over 6 billion dollars into the CDB. At the same time, they also announced a variety of other important decisions about the CDB such as how much people would be able to get through the CDB, who would be able to access it, and other details that we had been waiting to hear about.
The details are still emerging but here is a summary of what the 2024 Budget and its implementation bill, Bill C-69, announced:
- The CDB is going to be available starting in July 2025
- To qualify for the CDB, you must already be receiving the Disability Tax Credit (DTC)
- If you have a dispute about whether or not you qualify based on your income level, or the amount of your benefit, you will have to take your dispute to the Tax Court of Canada
- If you have a dispute about something else related to the CDB, you can take your dispute to the Social Security Tribunal of Canada
- If you disagree with the Tribunal’s decision, depending on your case, you can appeal to either the Federal Court of Canada or the Federal Court of Appeal
- The maximum amount an individual can receive will be $200 a month or $2400 a year
- The federal government is still discussing with provinces and territories about how to protect the CDB from “clawbacks”.
The Budget announcement also included some money to support healthcare professionals in filling out DTC forms, but how healthcare professionals can access that money is currently unclear.
There are major problems with what the government announced.
Many people with disabilities and advocates have spoken out about the announcement. The National Disability Network published a statement immediately after the release of the Budget, highlighting problems with the low amount and requiring the DTC to access the CDB.
ISAC sent a letter, endorsed by over 50 community legal clinics, to Ministers Freeland and Khera focusing on the problems with the amount and calling the DTC a gatekeeper instead of a gateway. We also sent the letter to the leaders and disability critics from all federal political parties that have sitting representatives: the Liberal Party, the Conservative Party, the Bloc Québécois, the NDP, and the Green Party. Each party has put out various statements in general about the CDB, with Minister Khera saying the Budget announcement is an initial step, and others saying that the announcement is inadequate.
But wasn’t there a process? Can we still ask the government to make changes?
When the government announced the Budget in April, we were waiting for the government to release the first draft of regulations. We expected the regulations to set out all of the important details about the CDB. Based on the wording of the CDB Act, we had been working on the assumption that they would have to release the draft regulations in Spring 2024, and that there would be another consultation period before the regulations were finalized. This two-part process was an attempt to “co-design” the benefit with people with disabilities, disability justice groups, anti-poverty advocates, and the public.
The information that we expected to see in the regulations, including what the application process would look like, who would be able to access the benefit, and how disputes would be resolved, appeared in the Budget announcement instead. We will have more details about these topics when the government releases a draft of the regulations during the summer.
Where do we go from here?
While we all wait to see what the draft regulations will include, you can get active and contact your MP and the Ministers responsible and let them know that they need to improve the CDB. If you want to email or call your MP directly, you can find their information by typing in your postal code here (link opens to the Parliament of Canada’s official website). MP Mike Morrice has also initiated a House of Commons petition calling on the government to make changes to the CDB, including making it more accessible, protected from clawbacks, and better funded, among other changes. Click here to read the petition and to sign it.
Some disability justice advocates/organizations are turning the focus of their advocacy towards making sure their provincial or territorial governments do not clawback the benefit from existing social assistance income. Though there is currently no concrete information about what the Ontario government will choose to do, you can still write to your Ontario MPP and make sure to let them know that when the CDB rolls out, they should not claw it back. You can find your MPP’s contact information by typing in your address here (link opens to the Ontario Legislative Assembly’s official website).
We will continue to post updates about the CDB and related supports, campaigns, and events on our website, and through our Twitter/X account here.