When evaluating temporary resident applications for medical treatment in Canada, officers need to assess both the health and good faith of the applicant.
If an applicant has a medical condition that could pose a danger to the public health or safety of Canadian residents, the application should be refused under paragraph A38(1)(a) or A38(1)(b) respectively. If an applicant is seeking medical treatment that would cause displacement on a waiting list for Canadians, the application should be refused under paragraph.
If an applicant is seeking medical treatment in Canada, the applicant should submit proof from the treating physician indicating that arrangements have been made for the treatment. The treating physician should be affiliated with a Canadian institution that can provide the services required by the applicant. As a temporary resident, the applicant is not eligible for any provincial health coverage. Since the applicant has already been accepted for medical treatment in Canada, they are admissible only as a temporary resident seeking medical treatment.
In addition, a foreign national who is seeking to enter and remain in Canada on a temporary basis with the intention of receiving medical treatment in the province of Quebec must hold a Quebec Acceptance Certificate (CAQ) if the laws of that province require the foreign national to hold that document.
The assessment of any requested medical examination should consider medical admissibility on public health and public safety grounds only. Officers must make a determination that excessive demands on health and social services have been mitigated by examining factors such as proof of arrangements with the institution in which the treatment will take place, means to cover the cost of treatment and related expenses during the time spent in Canada, and proof that medical and other costs have been prepaid.
In summary, when evaluating temporary resident applications for medical treatment, medical officers should
- review the results of the immigration medical examination
- assess the applicant as inadmissible if the applicant has a medical condition that could pose a danger to public health or safety respectively and as inadmissible under paragraph if the treatment sought could impact on wait time
- assess the applicant as admissible as a temporary resident seeking treatment, only if there is proof from the treating physician affiliated with a Canadian institution indicating that arrangements have been made for treatment
Officers should require that applicants
- submit proof from the institution in which the treatment will take place that arrangements have been made for treatment
- submit proof that satisfactory financial arrangements have been made to cover the cost of the treatment as well as all related expenses, including follow-up care and living expenses for the time spent in Canada (in some cases, a third party or a charity may cover the expenses)
- submit proof that they hold a CAQ if the laws of that province require the foreign national to hold that document
