Petition updateProtect Disability Pensions: Repeal Section 65(3) of the Canada Pension PlanSection 65(3) allows for severely disabled Canadians to live without dignity
Karen BingleyClaresholm, Canada
May 22, 2025

I used to be like many of you—independent, driven, resilient.

I was a school administrator, a doctoral student, and a leader in my community. I worked hard, earned multiple degrees, and believed I had built a secure future.

Like many Canadians, I had a wage replacement plan through my job. It was designed to cover basic living expenses—rent, groceries, utilities—if I ever became too sick or injured to work. It insured my income, not my disability. It provided no care, no support, and no accommodations if I became profoundly disabled. For that, I counted on something else: my Canada Pension Plan (CPP).

For years, I contributed to CPP—just like you.

And like you, I believed what we were told: that if we ever became too sick, too injured, too disabled to work in any occupation, CPP Disability (CPPD) would be there to protect us.

Then came 2013. Everything changed.

A large brain tumor was discovered.
Emergency surgery followed. And in a blink, my life was forever altered.

I spent months in the hospital, completely bedridden.
I came home with a section of my skull removed—my brain exposed. I suffered repeated spinal fluid leaks, post-surgical complications, and the devastating effects of severe brain injury.

It’s been really tough.

While still medically fragile, the insurer forced me to apply for CPP Disability. The application process is grueling even for someone with full cognitive function—for me, with a brain injury, it was nearly impossible. With help, I complied.

Eventually, I was approved for CPPD.

But I never received it.

Instead, the federal Minister sent my pension directly to my private insurer. I was in disbelief.

To add insult to injury, I was left to pay taxes on a pension I never even received.

What I didn’t know—and what most Canadians still don’t—is that the federal Minister had quietly signed an agreement with my insurer, allowing them to seize my public disability pension.

This wasn’t a clerical error.

It was a calculated maneuver, made possible by a little-known clause: Section 65(3) of the Canada Pension Plan Act.

This clause allows the federal government to enter into private reimbursement agreements—backroom deals—with insurers. These agreements give insurers the ability to take CPPD benefits from Canadians who have been declared severely and prolongedly disabled.

And why do they do this?

“To ensure that recipients have a financial incentive to return to work.”
— CLHIA Submission to the House of Commons Sub-Committee, 2003
Let that sink in.

I was declared unfit for any occupation. And yet, the pension I was found eligible to receive was taken from me—to encourage me to go back to work.

Because of the lack of transparency—and the overwhelming fog of brain injury—it has taken years for me to fully understand what happened. This petition is the result of that painful journey. A way to give others the truth I wish I had known before.

I'm trying to raise awareness. To give you a severely disabled perspective—before you're disabled yourself.

Because if it happened to me, it can happen to you.

CPP is not welfare. We earned it with our own blood, sweat, and tears.

It is meant to be there for those who contribute and meet the strict eligibility criteria under Section 44(1), which defines disability as severe and prolonged—meaning a person is incapable of working in any occupation.

That definition isn’t optional. It applies throughout the entire Canada Pension Plan Act. Every time the Act refers to a “disability” benefit or payment, it refers to this definition. The phrase “disability income program” under Section 65(3) must be understood in this context—it’s not about mild or temporary illness. It refers specifically to a condition so severe and long-lasting that a person is unfit for any work.

This is what makes the agreements signed under Section 65(3) so egregious. They allow private insurers—who provide basic wage replacement for short-term sickness or injury—to pose as administrators of severe disability programs, even though they offer no long-term care, no accommodations, and no disability support.

Sections 65 and 65.1 of the CPP Act protect your contributions. They state that pensions can’t be seized, garnished, or used as security.

But then comes the loophole: Section 65(3).

At first glance, it appears to help disabled people—allowing insurers to recover "excess" payments. But in practice, that’s not what happens.

Section 65(3) unlocks the protections of the CPP Act. It gives the Minister no discretion, and relies instead on the honour system.

But let’s be honest: who applies to take pensions from the severely disabled?

This section defines eligibility around an “administrator of a disability income program.” But remember—disability in CPP means severe and prolonged. These income programs are typically employer-provided wage replacement plans. They are not true disability programs. They offer no care, no equipment, no medical support—just basic income during periods of illness or injury, funded by monthly premiums.

And yet that’s all it takes.
No evidence of excess payment.
No proof.
No privity of contract.
No obligation to inform the contributor.

All it takes is sufficient moral flexibility to apply to the Minister to take a pension from a disabled person—and make a payment. Any payment.
Even wage replacement insurance, already funded by monthly premiums.

Once approved, the system is locked in.

The insurer collects premiums, pays limited benefits, and then reduces their obligation dollar-for-dollar using CPPD—a benefit that was meant to help disabled Canadians live with the costs of their disability. 

This is double dipping.
This is state-enabled privatization of public pensions.
This is a system that quietly robs the most vulnerable while pretending to protect them.

 
Throughout my career, I dedicated myself to helping others—students, families, colleagues, and entire school communities. I’ve always believed in service, in lifting others up, and in showing up when it mattered.

Now, I need your help.

I'm not asking for money. I'm asking for awareness. Learn what may happen to your CPP Disability benefits if you—or someone you love—becomes severely disabled.

I’m asking you to sign my petition.
And if you've already signed, I thank you from the bottom of my heart.

Please keep sharing. Ask two friends to sign. Talk about it. Raise your voice.
Your voice now may help protect your future. Because tomorrow is never promised.

Because nowhere in the Canada Pension Plan does it say that the contributions I made—year after year—could be handed over to a private insurance company.

I earned that pension. Just like you’re earning yours.

Help me protect what we all pay into.
Help protect yourself—before you ever need it.

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