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              FREEEVALUATION
              Monday, 29 August 2016 / Published in Humanitarian and Compassionate (H&C) Consideration, Immigration, Immigration Manuals

              The Legal References Used by the Medical Officers


              Last Updated on August 29, 2016

              The Acts and the Regulations

              Officers would need to refer to the table given below for details.

              Description

              Section

              The Objectives – Immigration

              A3 (1) (h)

              The Objectives – Refugees

              A3 (1) (g)

              The Requirement for a Medical Examination

              A16 (2) (b)

              The Danger to Public Health

              A38 (1) (a)

              The Danger to Public Safety

              A38 (1) (b)

              The Excessive Demand on Health or Social Services

              A38 (1) (c)

              The Exception to Excessive Demand

              A38 (2)

              The Health Services, Social Services and Excessive Demand on Health or Social Services

              R1 (1)

              The Definitions of ‘Family Member’ for the Purposes of A38 (2) (d)

              R1 (3)

              The Assessment of Inadmissibility on Health Grounds

              R20

              The Exception to Excessive Demand

              R24

              The Medical Examination

              R29

              The Exemptions from the Requirement for Medical Examination

              R30 (1)

              The Subsequent Medical Examination

              R30 (2)

              The Medical Certificate

              R30 (3)

              The Considerations when Assessing Danger to Public Health

              R31

              The Medical Surveillance

              R32

              The Considerations when Assessing Danger to Public Safety

              R33

              The Considerations when Assessing Excessive Demand

              R34

              The Requirements for Permit Holders to Become Permanent Residents i.e. Medical Certificate

              R65.1 (1) (d) (ii)

              The Requirements for Foreign Nationals to Become Permanent Residents i.e. Medical Certificate

              R72 (1) (e) (iii)

              The Medical Condition – Adopted Children

              R118

              The Exception to Excessive Demand

              R139 (4)

              The Requirements for the Issuance or a Temporary Residence Visa i.e. Medical Certificate

              R179 (f)

              The Imposition on Temporary Residents

              R185 (e) (i)

              The Requirements for the Issuance of Work Permit on Entry to Canada i.e. Medical Certificate

              R198 (2) (b)

              The Requirements for the Issuance of Work Permit i.e. Medical Certificate

              R200 (1) (e)

              The Requirements for the Issuance of Study Permit i.e. Medical Certificate

              R216 (1) (d)

              The Guidelines for Delegated Authorities

              The Minister has the authority to designate officers to carry out specific duties and powers. In addition, the Minister has the ability to delegate authorities as well. This is in accordance with the provisions specified in A6 – refer to Appendix C.

              Pursuant at the provisions specified in A6 (2), the Minister of Citizenship and Immigration has delegated powers and designated the officials the authority for carrying out any purpose of any legislative or regulatory provision in IL 3 – The Designation of Officers and the Delegation of Authority. It is worth highlighting that IL 3 contains two designation and delegation instruments. The first is made by Citizenship and Immigration Canada (CIC). The second is made by the Canada Border Services Agency (CBSA). Officers might need to refer to the health related delegation of authority. They would be able to find this in the Citizenship and Immigration Canada (CIC) designation and delegation instrument.

              The Citizenship and Immigration Canada (CIC) designation and delegation instrument organises delegated powers by sections. As such, the officers would be able to find the duties and powers specific to health in the medical section.

              It is worth mentioning that the delegates and designated officers, specified in column four of each item, have the authority to carry out the powers specified in column thee. As such, officers would need to refer to items 5 through 10.


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