Section 65(3) of the Canada Pension Plan is a legislated loophole that allows private insurers to access the public pensions of disabled Canadians — without transparency, oversight, or consent.

This provision was originally intended to allow a one-time reimbursement to insurers in the event of overlapping benefits. But in practice, it has opened the door for systemic abuse:
- No definition is provided in the Act or Regulations for what qualifies as a “disability income program,” which means the Minister has no discretion.
- Every application is approved, including from wage replacement programs that do not meet the CPP’s definition of "severe and prolonged disability."
- The Minister is saved harmless by these agreements — taking no responsibility for how funds are used or whether claimants are harmed.
- The agreements are executed entirely at the insurer’s discretion, without any requirement for privity of contract with the disabled claimant.
- Most importantly: the agreements do not authorize the seizure of monthly CPPD — but insurers do it anyway, deducting benefits under the false premise of legality.

As a result, thousands of severely disabled Canadians are left without adequate support. Their hard-earned disability pensions are redirected to private insurers, many of whom are profiting off a public benefit meant to support those who can no longer work.

This is not only unfair — it is discriminatory, harmful, and violates the dignity of disabled Canadians.

We Call On:
The Government of Canada and the Minister of Employment and Social Development to:
- Repeal Section 65(3) of the Canada Pension Plan Act;
- Restore full CPP Disability (CPPD) benefits to disabled contributors;
- Prohibit insurers from offsetting public pensions through hidden agreements;
- Ensure disabled Canadians are protected, not punished, by the law.

This loophole has been responsible for the removal of thousands of eligible members who must struggle to live without the pension benefits they created to help with their restrictions and limitations caused by severe disability. We are forced to live with profound impairments, without the accommodations intended to make those disabilities bearable.

We all must contribute to the Canada Pension Plan. Disability is not an exclusive group — it can happen at any time. Let’s work together to make change before you experience the harsh reality firsthand. While Canada Pension does offer a disability benefit, Section 65(3) creates a loophole that allows the private sector to seize that pension. Added to this injustice is the fact that in matters involving federal agreements, the Insurance Act does not apply. We are left to the mercy of insurers.

This isn’t just theory. Legal cases such as Manuge, Logan, Simon, and RCMP v. Great-West Life demonstrate that disabled people have had to fight lengthy legal battles simply to access the public pensions they were entitled to. Each case is evidence that private insurers have used Section 65(3) as a tool to bypass contractual obligations and seize CPPD benefits. These courageous individuals fought back, but it should never require a lawsuit to receive a disability pension. Disabled Canadians deserve better treatment from both their insurers and their government.

I expected the government to protect our pensions — not to provide a legislative loophole for the private sector to exploit. Canadians contribute to the Canada Pension Plan in good faith, believing it will be there to support them in times of need. Instead, this trust has been broken for many disabled individuals whose pensions are redirected without consent. We must demand accountability and restore the integrity of our public pension system.

#Repeal65_3 #CPPDJustice #ProtectDisabilityPensions #StopInsuranceClawbacks

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