Sep 20, 2017 – This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada (IRCC) staff. The authorities have posted this information on the Department’s website as a courtesy to all stakeholders.
In accordance with the provisions specified in A38, a foreign national will be inadmissible on health grounds in case the person’s 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
However, an exception applies in this case.
The above stipulations (pertaining to A38) do 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 (PRV) as a Convention refugee or a person in similar circumstances
- Is a protected person or,
- Is the spouse, common-law partner, child or other family member of a foreign national (where prescribed by the regulations) 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 (PRV) as a Convention refugee or a person in similar circumstances or,
- Is a protected person
It is worth highlighting that the Parliament established the provisions pertaining to inadmissibility on health grounds, found in A38 and R20. The aim of these provisions was to protect Canadians from people who are, or were likely to be, a danger to public health or to public safety. In addition, these provisions aimed at protecting Canadians from people whose entry into Canada would cause, or the authorities expected might cause, excessive demands on health or social services.
This is why the authorities consider decisions to recommend and issue permits in such cases very carefully. For instance, temporary residents coming to Canada for prearranged medical treatment could warrant a favourable discretion. Officers will be able to find additional information about medical requirements in the Program Delivery Instructions.
The Exceptions
It is worth mentioning that inadmissibility on health grounds based on excessive demand does not apply to foreign nationals who:
- Have been determined to be members of the family class and to be the spouse, common-law partner or child or a sponsor within the meaning of the Regulations
- Have applied for Permanent Resident Visas (PRVs) as Convention refugees or as people in similar circumstances
- Are protected persons and,
- Is the spouse, common-law partner, child or other family member of a foreign national who, where prescribed by the regulations:
- Has been determined to be a member of the family class and to be the spouse, common-law partner or child or a sponsor within the meaning of the Regulations
- Has applied for a Permanent Resident Visas (PRV) as a Convention refugee or as a person in similar circumstances and,
- Is a protected person
The Risk Assessment – The Factors that Officers Will Need to Consider
When they assess the risk of an applicant, the officers will need to consider various factors. Some of the aspects that officers could consider include:
- Whether the person is suffering from a communicable or contagious disease
- Officers will typically need to assess this in the context of a threat to the travelling public and the community of destination
- In case the officers find that exercising precautions alone will not be able to guarantee that there will be no threat to anyone en route or in Canada, the officers will need to avoid issuing the permit
- Whether any protection or forewarning could be provided to the officials concerned and the public pertaining to a person who presents a health risk
- The severity of the person’s anticipated need for health or social services in relation to the demand for these services by Canadian residents
- The cost of the treatment of care – in case it is available
- The manner in which the coverage of the expenses incurred in Canada will take place e.g. insurance, family finances etc.
- The arrangements made for covering the treatment, the care and other expenses
- Whether the follow-up treatment will be necessary at home or in Canada
- Whether the follow-up treatment is available in the home country
- In case the follow-up treatment is not available in the home country, whether this situation will prevent the person from returning home
- Whether the person is likely to become self-supporting – in cases involving permanent residents and,
- Whether the risk exists that the person will require public assistance
The Procedures Pertaining to Medically Inadmissible Temporary Resident Permit (TRP) Holders Requiring Continuous Public Assistance
Temporary Resident Permit (TRP) holders, who are inadmissible on health grounds, are eligible for permanent resident status. For this, they will need to spend three years in the permit holder class. In some cases, it is possible that these individuals are likely to require public assistance continuously. In this scenario, the authorities will consider them to be high risk cases for Temporary Resident Permits (TRPs). For receiving the appropriate guidance to manage these M4 to M7 cases, officers will need to refer to the sections titled ‘The Health Conditions’ and ‘The Narrative’ given in the Medical Notification form i.e. IMM 5365B or the Medical Status report from the Global Case Management System (GCMS).
The Procedures Pertaining to the Role of the Delegated Decision Maker
The delegated decision maker will need to make a decision on the Temporary Resident Permit (TRP) without having to consult any provincial or territorial (PT) authorities. In case they make a favourable decision, they will need to notify the Health Branch at the National Headquarters (NHQ) of the issuance of the Temporary Resident Permit (TRP) via e-mail.
The Procedures Pertaining to Provincial Health Insurance Coverage
The authorities require applicants to obtain information about eligibility directly from the provincial or territorial (PT) plan administrators. Officers will need to contact the Operational Management and Coordination (OMC) division for further guidance on the eligibility criteria for health insurance.
Source: Immigration, Refugees and Citizenship Canada (IRCC)