Temporary Public Policy Regarding Excessive Demand on Health and Social Services

Annex A: Relevant Legislative and Regulatory Provisions

Immigration and Refugee Protection Act

38 (1) A foreign national is inadmissible on health grounds if their health condition

• is likely to be a danger to public health;
• is likely to be a danger to public safety; or
• might reasonably be expected to cause excessive demand on health or social services.

38 (2) Paragraph (1)(c) does not apply in the case of a foreign national who

• has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;
• has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;
• is a protected person; or,
• is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).

Immigration and Refugee Protection Regulations

1(1) Definitions

Excessive demand is:

• a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required under paragraph 16(2)(b) of the Act, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or
• a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents.

health services means any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors and physiotherapists, laboratory services and the supply of pharmaceutical or hospital care.

social services means any social services, such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services,

• that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and
• for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly-funded agencies.

Annex B: Assessment of the costs of Health and Social Services under the Temporary Public Policy Regarding Excessive Demand on Health and Social Services

Section 1: Services for which costs will be included to determine if an applicant meets the eligibility criteria and conditions under the public policy

Health services:

• Physician services
• Nursing services
• laboratory and diagnostic services
• pharmaceuticals and pharmaceutical services
• hospital services
• chemotherapy and radiotherapy
• dialysis
• psychiatric services
• supplies related to these services

Social services:

• Social services closely related to health services:
  • Social services that are provided by a health professional:
    • home care (by a nurse, physiotherapist, respiratory therapist, etc.),
    • palliative care,
    • psychological counseling and
    • the provision of devices related to those services.
  • Medical aids, appliances, and prostheses.
• Social services that provide constant supervision and care for those who are not able to integrate into society
  • Residential facilities (long-term care, substance abuse services, etc.)
  • Day facilities providing constant supervision (respite care, etc.)

Section 2: Social services for which costs will not be included to determine if an applicant meets the eligibility criteria and conditions under the public policy

• special education services (preparation of an individualized education plan, educational assistants, etc.)
• social and vocational rehabilitation services (rehabilitation facilities, occupational therapy, behavioural therapy, speech-language therapy, etc.)
• personal non-professional support services means services such as assistance with activities of daily living (bathing, dressing, feeding, etc.), meal preparation, house cleaning, etc.
• provision of devices related to those services.