Bill C-545

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-545

An Act to Eliminate Poverty in Canada

Whereas poverty is the condition of a human being who does not have the resources, means, choices and power necessary to acquire and maintain economic self-reliance and to facilitate their integration into and participation in society;

Whereas the federal government, through constitutional and legislative amendments has direct involvement in the reduction of poverty and plays a central role in programs providing social protection and income security, including pensions, the Canada Social Transfer, the Old Age Security Program, child benefits and employment insurance benefits;

Whereas several provinces and some municipalities have either implemented or are developing poverty reduction strategies that signify a growing poverty-reduction movement across Canada, and those strategies are making a difference;

Whereas, in 1989, there was a unanimous resolution in the House of Commons to eliminate child poverty by the year 2000 and, in 2009, there were two unanimous motions in Parliament referring to the priority of establishing a poverty-reduction plan, and the Senate and House of Commons have completed major poverty reduction studies;

Whereas according to the principles set out by the Canadian Charter of Rights and Freedoms, respect for the dignity of human beings, equality of women and men, and recognition of their rights and freedoms constitute the foundation of justice, liberty and peace;

Whereas the Government of Canada has signed the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights and other relevant international human rights instruments, such as those concerning gender equality, children, racialized and minority groups, and persons with disabilities;

Whereas poverty and social exclusion may constitute obstacles to protecting and respecting human rights, including those guaranteed in the Canadian Human Rights Act;

Whereas poverty leads to poor health, such that individuals living in poverty suffer more health problems and have lower life expectancy than those who are not living in poverty;

Whereas the effects of poverty and social exclusion impede the economic and social development of society as a whole and threaten its cohesion and progress;

Whereas, while all people including those living in poverty have the primary responsibility to take care of themselves, that responsibility is inextricably linked to the social, cultural and economic development of the entire community and attempts by those living in poverty to improve their own situation and that of their families are often frustrated by barriers in society;

Whereas the Government of Canada strives for social and economic equality for all Canadians;

Whereas the underlying factors that put some Canadians at far greater risk of poverty than others need to be addressed and resolved in order to prevent poverty;

Whereas it is especially imperative to address the living standards and specific historical and structural circumstances of Aboriginal communities so as to empower Aboriginal people and ensure their full participation in Canadian society and the Canadian economy;

And whereas Canadians aim for a Canada without poverty, a Canada where no one is left behind and where every Canadian lives in dignity and respect and has the opportunity to participate fully in society;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Poverty Elimination Act.

PURPOSE OF ACT

2. The purpose of this Act is to impose on the federal government the obligation to eliminate poverty and promote social inclusion by establishing and implementing a strategy for poverty elimination in consultation with the provincial, territorial, municipal and Aboriginal governments and with civil society organizations.

INTERPRETATION

3. The following definitions apply in this Act.

“Aboriginal community” means a community made up of Métis, Inuit or First Nations peoples, whether or not that community is situated on a reserve.

“Commissioner” means the Poverty Elimination Commissioner appointed under section 19.

“Council” means the former National Council of Welfare, renamed National Council of Poverty and Social Inclusion in accordance with section 10 of the Department of Social Development Act.

“Ministers” means senior ministers responsible for income security, human development, the labour market, and public health and well-being, with the lead Ministers being those for income security and health.

“poverty” means the condition of a human being who does not have the resources, means, choices and power necessary to acquire and maintain economic self-reliance and to facilitate their integration into and participation in society.

“poverty measures” means both existing meas- ures of low income, such as the Low Income Measure (LIM), the Market Basket Measure (MBM) and Statistics Canada’s Low Income Cutoff (LICO), and measures of social exclusion or deprivation, such as the Canadian Index of Wellbeing (CIW), and any emerging deprivation indices.

“Secretariat” means the Secretariat for the National Council of Poverty and Social Inclusion established under section 15.1 of the Department of Social Development Act.

“social condition” means the condition of an individual or family that is influenced by physical, social, mental or financial factors that interfere with their ability to acquire the fundamental resources for self-reliance.

“social enterprise” means a social-mission-driven organization applying market-based strategies to achieve social, cultural, community, economic or environmental outcomes, and includes both non-profit organizations that use business models to pursue their mission and for-profit organizations whose primary purposes are social.

“social inclusion” means the ability of an individual or family to participate in their community.

“social safety net” means the accumulative protection for those vulnerable or at risk provided from non-contributory transfer programs targeted to those at risk or those vulnerable to poverty, which are sometimes referred to as social assistance or social welfare programs.

“Strategy” means the Government of Canada’s ongoing strategy to eliminate poverty and promote social inclusion in Canada.

PART 1

STRATEGY

Establishment of Strategy

4. (1) The Government of Canada, through its Ministers, shall seek advice from the Council and shall, in consultation with the provincial and territorial Ministers and with representatives of the municipalities and Aboriginal communities, non-profit and private-sector providers and civil society organizations, establish and maintain a strategy to eliminate poverty and promote social inclusion.

(2) The Strategy shall take into account all people living in poverty, the factors that put people at higher-than-average risk of poverty and the consequences of poverty for society at large.

(3) The Strategy shall meet the following objectives:

(a) to strengthen the social and economic safety net;

(b) to promote the participation of residents, non-profit organizations and the private-sector providers;

(c) to respect human rights; and

(d) to reflect the needs of local communities, including Aboriginal communities.

(4) Recognizing the unique nature of the jurisdiction of the Gouvernment of Quebec with regard to proverty elimination in Quebec society, and notwithstanding any other provision of this Act, the Government of Quebec may choose to be exempted from the application of this Act and, notwithstanding any such decision, shall receive the full transfer payment that would otherwise be paid within its territory under this Act

Contents of Strategy

5. (1) In order to meet the goal of reducing and eventually eliminating poverty and promoting social inclusion, the Strategy shall

(a) include the necessary measures to prevent people from falling into poverty, reduce the incidence, depth and duration of poverty and improve the situation of all people currently living in poverty, including those living in deep poverty or poverty of long duration and those who have multiple needs;

(b) include measures to provide income security and access to housing;

(c) include measures to promote the involvement of Canadians in determining and implementing the solutions to poverty;

(d) determine an acceptable measurement of poverty for Canada;

(e) set out targets to eliminate poverty in Canada

(i) in the short term, of one to three years,

(ii) in the medium term, of four to seven years, and

(iii) in the long term, of eight years or more;

(f) specify actions to be taken by the Government to address the causes and consequences of poverty and social exclusion;

(g) set out the terms and schedule for the implementation of the actions;

(h) identify the departments responsible for the implementation of the actions specified in paragraph (f);

(i) identify other federal departments, other bodies or interested persons that are to be involved in the implementation of the Strategy;

(j) undertake an ongoing analysis of all policies and programs, including future legislation, that may have an impact on the income and well-being of Canadians to ensure that they contribute to poverty elimination goals; and

(k) ensure that policies and measures developed under this Strategy are complementary and coherent.

(2) The Strategy shall take the following factors into account:

(a) the different realities of men and women, in particular through gender-based analysis; and

(b) the specific needs of urban, rural and remote communities and the factors that put some people at higher-than-average risk of poverty, including

(i) Aboriginal status and history,

(ii) discrimination and racism,

(iii) child-rearing and single parenthood,

(iv) low-wage, precarious employment,

(v) immigration or refugee status,

(vi) lack of education or lack of recognition of skills and credentials,

(vii) occupational injury,

(viii) inadequate supports and services or limited access to supports and services that allow people to meet their own and their family’s needs and to develop their potential,

(ix) prolonged illness and disability, and

(x) any other factor that is identified.

Measures

6. The Government of Canada shall use all relevant poverty measures to prepare, monitor and report on the Strategy, including measures of low income and indicators of poverty and social exclusion.

Research

7. (1) Research for the Strategy should involve the academic sector, those engaged in policy research and groups working with people who are experiencing poverty or social exclusion.

(2) The role of the research shall be to compile, integrate, analyze and disseminate objective information on poverty and social exclusion, as well as on successful and promising practices in poverty reduction and elimination and social inclusion, to various stakeholders engaged in the campaign against poverty and social exclusion.

(3) New research should include data that is not currently collected or not readily available, especially on social assistance.

8. The Ministers shall also consult any poverty research bodies that they consider appropriate in preparing the Strategy.

Support to Council

9. The Ministers shall support the Council to ensure that the Strategy has adequate resources to identify additional indicators of poverty and to promote joint efforts to address poverty and social exclusion across Canada.

Strategy and First Consultation Paper

10. A first draft consultation paper leading to the Strategy shall be completed within one year after this Act comes into force.

11. (1) The Ministers shall submit the draft of the Strategy for review and comment to

(a) any committee that has been designated or established by Parliament for that purpose;

(b) the Council; and

(c) the Commissioner.

(2) The Ministers shall undertake public consultations on the Strategy beginning with the first consultation paper.

(3) The Government of Canada shall provide the necessary resources and support to allow those who live or have lived in poverty to participate in the consultations.

12. Within six months after the consultations referred to in subsections 11(1) to (3), but no later than one year after the completion of a first draft under section 10, the Ministers shall submit the Strategy to the Governor in Council for approval.

13. The Ministers shall table the Strategy together with all poverty data related to the Strategy in each House of Parliament before the first sitting day of September following the approval by the Governor in Council and shall report on progress in its goals of poverty elimination and social inclusion.

14. The Strategy that is tabled in the House of Commons is deemed to be referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities or to any other committee that the House may designate for the purposes of this section. The Strategy that is tabled in the Senate is deemed to be referred to the Standing Committee on Social Affairs, Science and Technology or to any other committee that the Senate may designate for the purposes of this section.

Monitoring Report

15. (1) The Commissioner shall monitor the implementation of the Strategy and shall submit a monitoring report to the Ministers four years after the tabling of the Strategy under section 13, and every four years thereafter.

(2) The Commissioner shall, in preparing the report, consult with

(a) the Council;

(b) the committee that may be designated or established by Parliament for that purpose;

(c) social enterprises; and

(d) the public, including people who are living or have lived in poverty and their advocates.

16. The Ministers shall, within six months after receiving the monitoring report from the Commissioner, revise the Strategy, taking into account the results of the Strategy to date and any comments received under subsection 15(2).

17. The Ministers shall table, in each House of Parliament before the first sitting day of September following the revision of the Strategy, the following documents:

(a) the revised Strategy;

(b) the monitoring report; and

(c) the comments of the Commissioner made under subsection 15(2).

PART 2

OFFICE OF THE POVERTY ELIMINATION COMMISSIONER

Poverty Elimination Commissioner

18. The Office of the Poverty Elimination Commissioner shall be established under the authority of the Commissioner.

19. (1) The Commissioner shall be inde- pendent of Government and shall be appointed by the Governor in Council after approval of the appointment by resolution of the Senate and House of Commons.

(2) Subject to this section, the Commissioner holds office during good behaviour for a term of six years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

(3) The Commissioner, on the expiration of a first term of office, is eligible to be re-appointed for one further term not exceeding six years.

(4) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

20. (1) For the purposes of carrying out the Commissioner's functions under this Act, the Commissioner has all the powers that the Commissioner of the Environment and Sustainable Development has under the Auditor General Act, in addition to the powers the Commissioner may exercise under this Act.

(2) The Commissioner shall

(a) review and provide recommendations on the draft of the Strategy;

(b) develop a monitoring system to assess the progress in implementing the Strategy;

(c) identify factors that, because of evolving economic and social conditions, may create new risks of falling into poverty;

(d) monitor progress toward and provide advice on reaching the goal to eliminate poverty in Canada;

(e) prepare a monitoring report and hold the Government accountable for its Strategy;

(f) forward his or her reports to the Parliamentary Budget Officer and Auditor General and meet with them to better coordinate the implementation of the Strategy;

(g) meet in person with the Ministers at least twice a year and advise them with respect to the administration of this Act;

(h) work with the Government to develop its monitoring and reporting system and the gathering and release of poverty data;

(i) help educate and make the public aware of the Strategy, including its human rights component; and

(j) no later than two years after the first Strategy is tabled in Parliament, determine and make recommendations to the Government on whether the Commissioner or an independent ombudsman should accept and address people’s complaints about how the programs intended to reduce and eliminate poverty are working and investigate whether the complaints reflect widespread problems or patterns.

(3) The Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties under this Act or any other Act of Parliament.

(4) The Commissioner is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

(5) The Commissioner is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Staff

21. (1) Such officers and employees as are necessary to enable the Commissioner to perform the duties and functions of the Commissioner under this Act or any other Act of Parliament shall be appointed in accordance with the Public Service Employment Act.

(2) The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties and functions of the Commissioner under this Act or any other Act of Parliament and may, subject to any appli- cable Treasury Board requirements, policies or guidelines, fix their remuneration and expenses.

22. The Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act except

(a) the power to delegate under this section; and

(b) the powers, duties or functions set out in section 23.

Reports to Parliament

23. The Commissioner shall, within three months after the termination of each financial year, submit an annual report to Parliament on the activities of the Office of the Poverty Elimination Commissioner during that financial year.

24. (1) Every report to Parliament made by the Commissioner under section 23 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses.

(2) Every report referred to in subsection (1) shall, after it is transmitted for tabling pursuant to that subsection, be referred to the committee designated or established by Parliament for that purpose.

General Agreements

25. The Ministers may

(a) enter into agreements or arrangements with any department, board or agency of the Government of Canada or any other public or private organization or agency to assist the Ministers in carrying out the purposes and provisions of this Act; and

(b) with the approval of the Governor in Council, enter into agreements or arrangements with any provincial, territorial, munic- ipal or Aboriginal government

(i) to facilitate the administration or enforcement of this Act or to provide for administrative fees, and

(ii) to harmonize and administer federal or provincial financial assistance programs.

Regulations

26. The Governor in Council may make regulations that are necessary for carrying out and giving effect to the provisions of this Act.

CONSEQUENTIAL AMENDMENTS

Canadian Human Rights Act

27. Section 2 of the Canadian Human Rights Act is replaced by the following:

2. The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, social condition, disability or conviction for an offence for which a pardon has been granted.

28. Subsection 3(1) of the Act is replaced by the following:

3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, social condition, disability and conviction for which a pardon has been granted.

Department of Social Development Act

29. The heading before subsection 10(1) and subsection 10(1) of the Department of Social Development Act are replaced by the following:

National Council of Poverty and Social Inclusion

10. (1) The National Council of Welfare, renamed National Council of Poverty and Social Inclusion, is continued, consisting of a full-time Chairperson and of not more than fifteen other members to be appointed by the Governor in Council to hold office during pleasure for the term, not exceeding six years, that will ensure as far as possible the expiration in any one year of the terms of appointment of fewer than half of the members so appointed.

30. Section 13 of the Act is replaced by the following:

13. It is the function of the Council to advise the Government of Canada in respect of any matters relating to poverty and social inclusion that the Minister may refer to the Council for its consideration or that the Council considers appropriate.

31. The Act is amended by adding the following after section 15:

32. Section 39 of the Act is replaced by the following:

39. A person who holds office as a member of the National Council of Welfare, renamed the National Council of Poverty and Social Inclusion, immediately before the day on which this section comes into force shall continue in office for the remainder of the term for which they were appointed.

COORDINATING AMENDMENTS

33. (1) Subsections (2) and (3) apply if Bill C-23, introduced in the 3rd session of the 40th Parliament and entitled An Act to amend the Criminal Records Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both section 25 of the other Act and section 27 of this Act are in force, section 2 of the Canadian Human Rights Act is replaced by the following:

2. The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, social condition, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

(3) On the first day on which both section 26 of the other Act and section 28 of this Act are in force, subsection 3(1) of the Canadian Human Rights Act is replaced by the following:

3. (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, social condition, disability and conviction for which a pardon has been granted or in respect of which a record suspension has been ordered.