Canada Considering Changes to medical inadmissibility rules

Immigration minister vows to change law that bars immigrants with disabilities and illnesses

A parliamentary committee is reviewing the law that refuses applicants who would put "excessive demand"  on health or social services.

Section 38-1C of Canada’s Immigration and Refugee Protection Act defines excessive demand as one “for which the anticipated costs would likely exceed average Canadian per capita health services and social services” over a period of five consecutive years immediately following the most recent medical assessment. In some cases, that period can be extended to 10 consecutive years. The anticipated impact on existing wait times for health and social services in Canada is also considered.

In 2017, the cost threshold for a demand to be considered excessive was $6,655 per year, or $33,275 over five years.

There are a number of exemptions to the excessive demand policy in cases of Family Sponsorship for a sponsor’s spouse, common-law partner or conjugal partner and dependent child.

The parliamentary immigration committee is expected to continue its medical inadmissibility hearings into the new year before releasing a full report with final recommendations.