Andrew Green Law Blog

One Definition, Many Doors: Why the Call for a New Federal Definition of Disability Matters

2026-10-31T00:00:00Z

What Happened?

This week, more than 150 organizations from across Canada signed a joint statement, published by Maytree, asking the federal government to rethink how it decides who counts as disabled. You can read it here: More than 150 organizations call for a new approach to defining disability in Canada. It would be easy to file this under technical policy. It isn't. How a government defines disability decides who gets through the door, and right now the main door is badly built.

Why?

A tax credit was never meant to be a gatekeeper The Disability Tax Credit (DTC) was created almost 40 years ago as modest tax relief. Today it does far more than that. It is the gateway to the Canada Disability Benefit, the Registered Disability Savings Plan, and more than a dozen other federal programs. A growing number of provincial and territorial programs also rely on it. The trouble is that the DTC was designed to answer a tax question, not a human rights question. Its test is narrow and medical. It depends on a doctor or other practitioner filling out a form in the right language. The Canada Revenue Agency runs it, which is not where most people go for support.

People Left Out

The results speak for themselves. According to Statistics Canada figures cited in the statement, fewer than one in six people with disabilities access the DTC. Even among people with very severe disabilities, only about one in three do. That means hundreds of thousands of people who should qualify for federal supports are not receiving them.

Too Many Definitions, Too Many Assessments

The DTC is not the only problem. The DTC, CPP Disability and veterans programs each use their own definition of disability and their own eligibility rules. A person can be assessed again and again, by different programs, for the same impairment.

Provincial Hoops as Well

Then the provinces and territories add their own layers. Every province runs its own disability assistance program, and each one has its own definition of disability, its own medical forms and its own adjudicators. Some focus on whether a person can work. Some ask whether the disability is expected to last a certain length of time. Some have recently changed their definitions, or split one program into two with different tests. A person who moves from one province to another may have to prove their disability all over again.

Here is where it gets circular. Provincial assistance programs usually require people to apply for any other income they may be entitled to, including the Canada Disability Benefit. To get the Canada Disability Benefit, they need DTC approval. So a person whom their province has already assessed as having a severe disability may then have to go through a separate federal tax process to prove the same thing. Many never make it through. What the organizations are asking for

The Ask

The statement proposes two paths, and both matter. A new, rights-based system. The organizations want Ottawa to use the definition in the Accessible Canada Act as the starting point. That definition recognizes that disability can be physical, mental, intellectual, cognitive, learning, communication or sensory. It can be permanent, temporary or episodic, and visible or not. Crucially, it focuses on how an impairment interacts with barriers to limit a person's full participation in society. The statement also calls for a central process for recognizing disability status that sits outside the tax system.

One recommendation stands out. The organizations want federal disability certification extended automatically to people already receiving disability benefits through provincial or territorial social assistance. For people across the country already found eligible by their province, that change could remove the biggest barrier to the Canada Disability Benefit. Immediate fixes to the DTC. A new system will take years.

In the meantime, the statement asks for:

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a plain-language application form
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direct payment to medical practitioners for completing the certification

fewer unnecessary temporary approvals, and simpler renewals

an option for supported decision-making

more funding for disability benefit navigation

Nothing about us without us The statement insists that any reform be designed together with people with disabilities. That is not a slogan. Every barrier described above was built by people who did not have to live with it. A process designed by the people it is meant to serve will look very different.

What You Can Do

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Read the statement and share it.
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Talk to your MP. The DTC and the Canada Disability Benefit are federal. Ask your MP whether they support automatic certification for people already on provincial or territorial disability assistance.

Apply for the DTC if you haven't. Even with all its flaws, it remains the gateway. If you've been refused, a refusal is often not the end.

Tell your story. Policymakers respond to real experiences. If the DTC process has kept you or someone you support from benefits, say so.

Across the country, provinces keep redrawing who counts as disabled enough for support. This statement reminds us that the definition of disability is not a fixed medical fact. It is a choice governments make. It can be made better.

CPP Disability Denied? Reconsideration and Appeals Explained

2026-10-30T00:00:00Z

A denial is not the end

Many Canada Pension Plan Disability (CPP-D) applications are refused the first time. If yours was, you have options. The key is to act before your deadlines pass.

Step 1: Ask for reconsideration

The first step is to ask Service Canada to reconsider its decision. You generally have 90 days from the day you receive the decision letter to make this request.

Reconsideration is done by Service Canada staff who were not involved in the first decision. This is a good time to:

read the decision letter carefully to see why you were refused
send any new or updated medical evidence
explain, in your own words, how your condition affects your ability to work

If you have missed the 90 days, do not give up. In some cases you can ask for more time, but you will need to explain the delay, so get advice quickly.

Step 2: Appeal to the Social Security Tribunal

If the reconsideration decision is still a refusal, you can appeal to the General Division of the Social Security Tribunal. The Tribunal says you have 90 days after you receive the reconsideration decision to appeal.

The Tribunal is independent from Service Canada. Appeals are often decided after a hearing by phone, video or in person, where you can explain your situation and a member of the Tribunal decides the case.

Step 3: The Appeal Division

If the General Division refuses your appeal, you may be able to ask the Appeal Division for permission to appeal. This is a narrower process, and the grounds for appeal are limited. It is usually not a chance to simply argue the facts again.

How to strengthen your case

Focus on function. Medical reports should explain what you cannot do and why you cannot work regularly at any job.
Fill gaps in the evidence. If a specialist report or test result is missing, ask for it.
Mind the dates. Your contributions must cover the date your disability began, so the timeline matters.
Keep copies of everything you send and receive, with the dates.

When to get help

You may be able to handle a reconsideration or appeal yourself. Still, having an advocate or lawyer can help you understand why you were refused, gather the right evidence, and prepare for a hearing. Some people do the whole process themselves, others just need brief advice, while others prefer more support.

This is general information, not legal advice. Deadlines depend on the dates in your own letters. If you are close to a deadline, act now. If you would like help, you can book a consultation with Andrew Green Law.

Claiming the Disability Tax Credit for Past Years

2026-10-30T00:00:00Z

You may be owed money for past years

If your impairment began years ago, approval of the Disability Tax Credit (DTC) does not have to start with this year. The CRA says you may be able to claim the credit going back up to 10 years, if you were eligible in those years but did not claim it. For some families, that means a meaningful refund.

Ask on the form

Part A of Form T2201 asks whether you want the CRA to adjust your previous tax returns if you are approved. If you check yes, the CRA will reassess the earlier years for which you are eligible.

If you did not check that box, you can still ask. The CRA says you can use the "Change my return" option in your CRA account, or send a letter asking the CRA to adjust your earlier returns.

The start date matters

The CRA can only apply the credit to years when you met the criteria. That makes the date your impairment began very important. When your health care provider completes Part B, ask them to give the earliest date they can support from their records. If they only know you for a short time, older records from other providers may help.

When a family member claims the credit

If the person with the disability does not need all of the credit, some or all of it can be transferred to a supporting family member, such as a parent, spouse or adult child. The family member must provide at least one basic necessity, such as food, shelter or clothing.

When a family member wants to claim the credit for earlier years, those adjustments are made to the family member's own returns. This is a common place where claims stall, so make sure the family member's details are complete and that the right person asks for the right years.

Keep good records

Keep a copy of your approved T2201 and the CRA's notice of determination.
Keep your notices of assessment for each earlier year.
Write down which years you asked to adjust, and when.

Adjustments can take time. If months go by with no change, it is worth following up with the CRA.

The DTC opens other doors

Approval can also make you eligible for other programs, such as the registered disability savings plan (RDSP) and the Canada workers benefit disability supplement. If you are approved for past years, ask whether those programs can look back too.

This is general information, not legal or tax advice. Rules and amounts change, so confirm the details for your situation with the CRA or a professional. If you would like help, you can book a consultation with Andrew Green Law.

What Counts as a "Marked Restriction" for the Disability Tax Credit?

2026-10-30T00:00:00Z

The test is about function, not diagnosis

The Canada Revenue Agency (CRA) does not approve the Disability Tax Credit (DTC) because of a particular diagnosis. Two people with the same condition can get different results. What matters is how the condition affects everyday activities, and how well that is described on Form T2201.

The activities the CRA looks at

The CRA looks at these basic activities of daily living:

Walking
Speaking
Hearing
Vision
Dressing
Feeding
Eliminating (bowel and bladder functions)
Mental functions necessary for everyday life

There is also a separate category for life-sustaining therapy, such as insulin therapy or kidney dialysis.

What "marked restriction" means

You may qualify if you have a marked restriction in at least one of these activities. In plain language, that means that even with appropriate therapy, medication and devices:

you are unable to do the activity, or
it takes you at least three times longer than someone of similar age without the impairment.

"All or almost all of the time"

The restriction must be present all or substantially all of the time. The CRA generally reads this as at least 90% of the time. A condition that comes and goes can still qualify, but the form needs to explain clearly how often you are limited.

Twelve months or more

The impairment must have lasted, or be expected to last, for a continuous period of at least 12 months.

Significant restrictions in two or more activities

Sometimes no single limitation is severe enough to be "marked." If you have significant restrictions in two or more activities, the combined effect can still qualify, as long as together they are equivalent to a marked restriction and are present all or substantially all of the time.

Life-sustaining therapy

Therapy to support a vital function can qualify if it is needed at least two times a week and takes, on average, at least 14 hours a week.

Why the wording on the form matters

Your health care provider completes Part B of the T2201. Many applications are refused not because the person does not qualify, but because the form describes a diagnosis without explaining what the person cannot do. Helpful certifications describe:

the specific activity affected
what you can and cannot do, in concrete terms such as distance, time and help needed
how often the limitation is present
when it began

Before your appointment, write down a few real examples from your daily life and bring them with you. It makes your provider's job much easier.

This is general information, not legal advice. Every situation is different. If you would like help with a Disability Tax Credit application, you can book a consultation with Andrew Green Law.

What Happens When You Exceed the CPP-D $7,400 Earnings Threshold?

2026-10-22T00:00:00Z

The three zones for 2026

At or below $7,400: Your payments aren't supposed to be affected by earnings alone.
Between $7,400 and $20,971.45: Service Canada may reassess whether you're capable of substantially gainful work. This is a review, not an automatic loss of benefits.
At or above $20,971.45: Work that pays this much before tax in 2026 is considered substantially gainful. That level of income will likely be treated as proof of regular work capacity, and your benefits will likely end.

Why it's not just about dollars

CPP-D eligibility depends on being "regularly incapable of pursuing any substantially gainful occupation." Service Canada may look at the amount earned, the pattern of work, the duties performed, and whether the activity shows a regular ability to do substantially gainful work. A single high-earning month and steady part-time work are therefore treated differently.

What to do if you're approaching or over $7,400

Tell Service Canada about your work activity rather than waiting for them to find it. Check the current reporting rules with them, since they can change.
Keep clear records of your hours, duties, income, expenses, accommodations, and any symptoms that limit your work. These can show that your work is limited or sporadic.
Ask Service Canada about their return-to-work provisions before you take on more work. Confirm the current details directly with them.
If you receive a review letter or a termination notice, act quickly. Appeal deadlines are short, and this is a good time to involve an advocate or lawyer.

This is general information, not legal advice. Reading it does not create a lawyer-client relationship. The thresholds are adjusted annually, so confirm the current figures with Service Canada.

Denied the Disability Tax Credit? Here's What to Do Next (and How to Get Help)

2026-10-07T00:00:00Z

1. Read the notice of determination first

The notice should explain why the CRA denied the application. The CRA looks at how your condition affects your daily life, not just your diagnosis. One law firm says many denied applicants were turned down because of how the application was completed, not because they don't meet the criteria. That's one firm's view, but it's a good reason to have someone experienced compare the stated reason against what your Form T2201 actually said.

2. Watch the 90-day deadline

This is the most important date. The CRA's own guidance says you can file an income tax objection within 90 days of the date on your notice of determination. If you miss it, the CRA generally requires an extension application within one year after the objection deadline. If you're anywhere near the deadline, get help right away rather than waiting.

3. Your options

Call the CRA. The CRA's own letter on denials suggests calling to ask questions or discuss your application (1-800-959-8281). This can clarify what was missing.
Request a review or submit more medical information. You can request a review, submit new information, or file a formal objection. A review request is not a formal objection and doesn't stop the 90-day clock.
File a formal objection. You can use the "Register my formal dispute" option in your CRA account, an authorized representative, or the paper process. Filing a Notice of Objection costs nothing, though professional help does.
Reapply with a stronger application. Depending on the reason for denial, a new T2201 with more detail may be faster than a dispute.

4. Why an advocate or lawyer is worth considering

You're allowed to handle this yourself, but there are good reasons not to go it alone:

The decision turns on wording and evidence. Small differences in how a practitioner describes your limitations can change the outcome, and an experienced helper knows what the CRA looks for.
Deadlines are strict. Missing the 90-day window creates extra hurdles.
The process can escalate. If the CRA confirms the original decision, you can appeal to the Tax Court of Canada within 90 days of the decision on your objection. That stage is much easier with legal representation. Appeals aren't guaranteed to succeed either. One accountant's write-up describes a three-year DTC claim that was denied on appeal to the Tax Court, and notes that the Income Tax Act gives little specific direction on many DTC terms.
The stakes can be large. If you're approved and the condition began years ago, one legal guide says you can request adjustments for up to 10 previous tax years. Approval can also open the door to programs like the registered disability savings plan and the Canada workers benefit disability supplement.

5. Who can help

Lawyers or accountants experienced with DTC objections. One legal directory estimates $500 to $2,000 to manage an objection, but fees vary, so get quotes.
Disability advocates and advocacy organizations. Many provinces have groups that help people with disability benefit applications and appeals, sometimes free or low-cost.
Legal clinics and lawyer referral services. If cost is a concern, community legal clinics or your provincial law society's referral service can point you in the right direction.

Ask about fees before you sign anything. Some DTC services charge a percentage of any refund you receive. That isn't automatically a bad deal, but understand exactly what you'd owe, what's included, and whether you pay if the claim fails.

6. Strengthen your evidence either way

Ask your practitioner to describe concretely how your condition limits you in daily activities, how often, and for how long. Vague or generic wording is a common weak point, and whoever helps you will likely start by tightening this up.

Other things to know

A DTC decision doesn't automatically decide your entitlement to private disability insurance or CPP Disability. Those are separate processes, and they may need separate help.

This is general information, not legal or tax advice. Reading it does not create a lawyer-client relationship. Your deadlines depend on the dates in your own notice. If you're close to the 90-day mark, get advice or file your objection now.

What Is Independent Legal Advice, and When Do You Need It?

2026-10-01T00:00:00Z

Understanding Independent Legal Advice (ILA)

When you are asked to sign an important legal document, such as a prenuptial agreement, a separation agreement, a loan guarantee, or a document that transfers property, you may be told to get independent legal advice, often shortened to ILA. The phrase comes up often, but many people aren't sure what it actually involves, who should provide it, or what it does and doesn't do for them. This post walks through the basics.

What "Independent" Means

Independent legal advice comes from a lawyer who acts only for you. That lawyer does not represent the other party, and has no stake in whether you sign. Their job is to make sure you understand what you are signing before you sign it.

Independence is the whole point. If the lawyer also acts for the other side, or is chosen, paid for, or pressured by the other side, the advice may be compromised. For that reason, you should generally not use the same lawyer as your spouse, business partner, lender, or family member who is asking you to sign. A lawyer in the same firm as the other party's lawyer is also usually not considered independent.

It's common for the other party to offer to pay for your ILA, particularly in family law matters. That is generally acceptable, provided the lawyer's duty is still to you alone and the other party does not direct or influence the advice you receive.

What ILA Is Not

Because ILA is often a required step for many issues, it's easy to misunderstand its purpose. Here is what it is not.

ILA is not representation. A lawyer giving ILA is not negotiating on your behalf, drafting the agreement, or acting as your lawyer in the wider matter. Their role is limited to explaining the document and its consequences. If you want someone to negotiate terms or propose changes, you need to hire a lawyer for that purpose, which may be the same lawyer if you both agree to expand the retainer.

ILA is not a rubber stamp. A lawyer should not simply sign a certificate because you asked them to. If they believe you don't understand the document, or that you are being pressured, they may decline to sign until those concerns are resolved.

ILA is not a guarantee that the agreement is fair. The lawyer can tell you whether a document is unusually one-sided or risky, but they cannot make it fair, and you are free to sign something that is a bad deal for you as long as you understand it and choose to do so.

ILA is not a guarantee that the document will hold up in court. A certificate of ILA is strong evidence that you were informed and acted voluntarily, but a court can still set aside an agreement for other reasons, such as fraud, undisclosed assets, or terms that are unconscionable.

ILA is not a way to check the other party's honesty. The lawyer advises on the document in front of you. They are not responsible for investigating whether the other person has disclosed everything accurately, though a good lawyer may suggest that you ask for financial disclosure.

ILA is not the same as legal advice from a friend or family member. Even a lawyer who is a friend or relative may not be able to give truly independent advice, especially if they have a personal interest in the outcome or a conflict of interest.

ILA is not a formality you can skip without consequences. Even when it is not strictly required by law, skipping ILA can weaken your position later if you try to challenge the agreement, or weaken the other party's position if they try to rely on it.

What Happens at an ILA Meeting

A typical ILA meeting covers:

What the document says, in plain language
How it affects your rights and obligations, both now and in the future
What your rights would be if you did not sign the document
Whether you are signing voluntarily and free from pressure
Questions you should consider before signing

The lawyer will usually ask to meet with you alone, without the other party present, so you can speak freely. They may also confirm your identity, ask whether you've read the document, and check that you understand any technical terms.

At the end, the lawyer may sign a certificate confirming that the advice was given. This certificate is typically attached to the agreement and kept as a record.

How to Prepare

You'll get more from the meeting if you prepare ahead of time:

Get the document early. Ask for the final draft well before the signing date so you aren't rushed.
Read it first. Note any parts you don't understand or that concern you.
Gather relevant information. In a family law matter, that might include a summary of your income, assets, and debts.
Write down your questions. It's easy to forget them in the meeting.
Be honest. The lawyer can only advise on what they know, so tell them if you feel pressured or have doubts.

Why It Matters

Getting ILA helps protect you, because you go into the agreement understanding its effects instead of discovering them later. It can also make the agreement more reliable if it is ever challenged. Courts are more likely to uphold a document when the person who signed it had the chance to get proper advice.

If you've been asked to sign an important document and told to get ILA, treat it as a real opportunity to ask questions and understand your position. If you aren't sure where to begin, your provincial or state law society or bar association can usually help you find a lawyer.

This post provides general information only and is not legal advice. The rules around ILA vary by jurisdiction, so speak with a lawyer about your specific situation.

Wills, Personal Directive, and Enduring Power of Attorney in Alberta

2026-09-15T00:00:00Z

A Will covers what happens after you pass away. Two other documents deal with what happens if you are alive but unable to make decisions for yourself.

Personal directive

A personal directive names someone to make personal decisions for you, such as health care, where you live, and who you live with.

Enduring power of attorney

An enduring power of attorney names someone to make financial decisions for you, such as paying bills, managing bank accounts, and dealing with property.

Why have both

Because they cover different kinds of decisions, most people benefit from having both, alongside an up-to-date will.

LTD and CPP-D: What's an Offset?

2026-07-22T00:00:00Z

How it works in practice

Say your LTD benefit is $3,000 a month and CPP-D pays you $1,000. The insurer cuts its payment to $2,000. Your total income may stay roughly the same, but more of it comes from CPP and less from the insurer. You usually don't come out ahead financially. The benefit mostly goes to the insurer.

Why insurers push you to apply

Many policies require you to apply for CPP-D. The insurer may pressure you to apply, estimate an offset before you're approved, or push you to appeal if CPP-D is denied. That's usually legal. A Calgary LTD lawyer quoted by the CBC said there's nothing illegal or immoral about it. Critics argue it shifts costs from private insurers onto a federal program.

The retroactive payment problem

CPP-D approval often comes with a lump sum covering months you've already been paid LTD. The insurer may claim some or all of that retroactive amount as an offset. If you started receiving CPP after collecting LTD for a while, you may have to reimburse the insurer for past overpayments. That lump sum may not be yours to keep, so don't spend it until you've confirmed what the insurer is entitled to.

Things to watch for

Estimated vs. actual amounts. One firm gives an example of an insurer deducting $1,200 a month for CPP-D when the claimant actually receives $1,000. Insurers can also make errors in how they calculate the offset. Compare their figure against your CPP-D statement.
Policy wording. Offsets depend on your specific policy. The Supreme Court of Canada case Ruffolo v. Sun Life involved an insurer that offset a claimant's LTD payments by his own CPP benefit and also by the CPP benefits paid for his two dependent children. Whether that kind of deduction is allowed depends on the policy terms.
Other deductions. Offsets can also apply to things like severance. Once a severance agreement is signed, it can be difficult or impossible to fix offset problems. The same article notes that CPP-D does not interact with severance.
Overpayment repayment. If you do owe money back, a lawyer may be able to negotiate a payment plan rather than a lump-sum repayment.

When to get help

A lawyer is worth consulting if the insurer is pressuring you to apply, deducting an amount that doesn't match your CPP-D payments, demanding repayment, or cutting off LTD after CPP-D approval. They can read your policy and check the insurer's math. Many LTD lawyers do free initial consultations, but confirm fees upfront.

Supported Decision-Making vs. Guardianship (Alberta)

2026-06-10T00:00:00Z

The spectrum

Alberta's government describes the options as supported decision-making, co-decision-making, specific decision-making, guardianship and trusteeship. The range runs from supported decision-making authorizations to full guardianship. The Act is built around the idea of using the least intrusive and least restrictive option available.

Supported decision-making

This is for an adult who has the capacity to decide but wants help understanding, thinking through and communicating decisions.
The adult can name up to 3 supporters, formalized through a supported decision-making authorization.
The adult completes the authorization form themselves. The decision stays with the adult, so no court is involved.

Co-decision-making

This sits in the middle. It may fit an adult whose ability to make personal decisions is impaired but who can decide with good support.
The adult and their co-decision-maker make decisions together, the adult must agree to the arrangement, and the Court decides whether to grant the order.
It's limited to personal matters. A co-decision-maker helps with some or all personal decisions, except financial matters.

Guardianship

A court order appoints someone to make personal decisions for an adult who can't make them. It focuses only on personal decision-making.
Financial matters fall under trusteeship, a separate order.
It's a last resort. A guardianship order should not be needed if less intrusive options still work.

The key differences

	Supported decision-making	Guardianship
Who decides	The adult	The guardian
Court involved	No	Yes
Adult's say	Full	Limited by the order
Based on	The adult's capacity and consent	A finding that the adult lacks capacity for those decisions

Guardianship is a court process with lasting consequences. Alberta's framework is built on best interests and how the adult would have made the decision if capable.

Other tools worth knowing

Personal directive. Under the Personal Directives Act, an adult with capacity can name their wishes and a decision-maker for personal matters in advance. The financial equivalent is an enduring power of attorney, drafted while the adult has capacity.
Specific decision-making. This is limited to one decision, such as a time-sensitive health care decision, where the nearest relative may be chosen to decide.

For a person with a disability, planning ahead with supported decision-making, a personal directive and an enduring power of attorney can often avoid guardianship entirely.

Where to get help

Alberta's Office of the Public Guardian and Trustee runs the registries and answers questions: 1-877-427-4525, toll-free in Alberta. A lawyer who does adult guardianship work can help with applications or with deciding which option fits.