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Regulations Amending the Immigration and Refugee Protection Regulations (Excessive Demand)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateMarch 4, 2022
CategoryResidence
Policy toolEligibility
Affected groupNew applicants

Policy effect

The regulations raise the cost threshold for excessive demand to three times the average Canadian per capita health and social services costs and exclude special education from the calculation. Officer roles are now bifurcated: medical officers evaluate medical evidence, while migration officers assess overall feasibility.

Conditions and exceptions

Validated condition or limit: The regulations raise the cost threshold for excessive demand to three times the average Canadian per capita health and social services costs and exclude special education from the calculation.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… definitions excessive demand, health services and social services in subsection 1(1) of the Immigration and Refugee Protection Regulationsfootnote 1 are replaced by the following: excessive demand means (a) a demand on health services or social services for which the anticipated costs exceed triple the average Canadian per capita health services and social services costs over a period of five consecutive years following the most recent medical examination required under paragraph 16(2)(b) of the Act; or (b) a demand on health services or social services that would add to existing waiting lists … financial ability to mitigate any excessive demand; and (b) the feasibility of a mitigation plan, if any, submitted by the foreign national. Coming into Force 6 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Executive summary Issues: Under the Immigration and Refugee Protection Act (hereinafter the Act), foreign nationals seeking to come to Canada on a temporary or permanent basis may be found inadmissible if they have a health condition that “might reasonably be expected to cause excessive … health condition, would be able to make an economic and social contribution to Canada. In addition, excessive demand cases can be complex and difficult to assess, especially when they involve costs for special education services, which constitute social services under the Regulations. Finally, the regulatory provisions requiring both migration and medical officers to review all information, including non-medical information, create inefficiencies and poses risks to the overall program integrity. Description: The regulatory amendments (1) increase the excessive demand cost threshold for foreign nationals seeking to come to Canada on a temporary or permanent basis to three times the Canadian average cost per person; (2) eliminate the exceptional period of 10 years from excessive demand calculations for cost of health and social services; (3) redefine “health services” and “social services” to, respectively, provide clarity and remove the reference to certain social services, including special education services; and (4) clarify which officers are responsible for reviewing medical and non-medical information submitted by applicants in the context of excessive demand assessments. Rationale … the roles of medical officers and of migration officers in reviewing information submitted by applicants. Description These amendments increase the excessive demand cost threshold to three times the average amount that federal, provincial and territorial governments spend per capita on certain health and social services; eliminate the exceptional 10-year period from the excessive demand calculations, while leaving the 5-year period intact; redefine “health services” and “social services,” as used in excessive demand determinations, by (a) removing reference to certain social services, including … special education services, that persons with disabilities require to help them overcome limitations to their participation in society, (b) focusing on publicly funded social services that provide constant supervision and care for those who are not able to integrate into society (e.g. adult day programs and respite care, as well as the provision of devices related to those services), and (c) refining the definitions to provide clarity to the concepts of majority of funding and of publicly funded services, as well as eliminating any overlap between the definitions of health services and of social …
Canada GazetteCanada Gazette. Regulations Amending the Immigration and Refugee Protection Regulations (Excessive Demand). Effective 2022-03-04.; gazette.gc.ca. Regulations Amending the Immigration and Refugee Protection Regulations. Effective 2022-05-20.Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2022/2022-03-16/html/sor-dors39-eng.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp3-9b939ad3d02214cd7432. Something wrong? Flag this record.

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