Clarification of Health Inadmissibility Excessive Demand Exemptions for Family Members

Policy effect

Amended section 24 of the Immigration and Refugee Protection Regulations to clarify which family members are prescribed as exempt from the excessive demand on health or social services ground of inadmissibility under paragraph 38(1)(c) of the IRPA, specifically prescribing dependent children of spouses/common-law partners, conjugal partners, and their dependent children. Phase scope: Family class applicants and their dependent family members

Conditions and exceptions

Validated condition or limit: Amended section 24 of the Immigration and Refugee Protection Regulations to clarify which family members are prescribed as exempt from the excessive demand on health or social services ground of inadmissibility under paragraph 38(1)(c) of the IRPA, specifically prescribing dependent children of spouses/common-law partners, conjugal partners, and their dependent children.

Official source excerpt

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

… child of the sponsor. Prescribed family members (2) The following family members of a foreign national referred to in paragraph 38(2)(a) of the Act are prescribed for the purpose of paragraph 38(2)(d) of the Act: (a) the dependent child of the sponsor’s spouse or common-law partner; (b) the dependent child of the dependent child referred to in paragraph (a); and (c) the dependent child of the sponsor’s dependent child. Exception (3) Paragraph 38(1)(c) of the Act does not apply to a foreign national who is a member of the family class and is (a) the conjugal partner of a sponsor; (b) the dependent … Section 180: The provision is being amended in English and French to include a reference similar to the wording used in the Regulations in subsection 7.1(2) to clarify that this section only applies to “a foreign national who holds a temporary resident visa.” Section 24 of the Regulations related to inadmissibility on health grounds: Paragraph 38(1)(c) of the Act provides that a foreign national is inadmissible to Canada on health grounds if their condition might reasonably be expected to cause excessive demand on health or social services. Subsection 38(2) exempts certain classes of foreign nationals from the application of this inadmissibility, and gives authority to specify who benefits in the Regulations. Section 24 of the Regulations is being amended to clarify who may benefit from this exemption by adding specific references to dependent children under the family class, their dependent children, conjugal partners, as well the dependent children of conjugal partners, and the dependent children of those children. “One-for-One” Rule and small business lens The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden on businesses …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2019

• 2019-03-04Interim Pathway for Caregivers Public Policy
• 2019-03-28Order Extending the Decision-Making Role of Citizenship Judges (SOR/2019-82)
• 2019-05-10Order Repealing Designated Countries of Origin Orders Under the IRPA
• 2019-06-03Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Administration) (SOR/2019-174)
• 2019-06-10Direct Removal Orders for Human/International Rights Violations (SOR/2019-200)
• 2019-06-17Mandatory Consideration of the Best Interests of the Child in Immigration Detention (SOR/2019-213)
• 2019-06-18Home Support Worker permanent-residence pilot opened
• 2019-06-21Budget Implementation Act, 2019, No. 1
• 2019-07-08Public Policy to Reinstate an Interim Pathway for Caregivers
• 2019-09-01Rural and Northern Community Immigration pilot class created
• 2019-09-09Public Policy Facilitating Immigration of Certain Sponsored Foreign Nationals Excluded under Paragraph 117(9)(d) or 125(1)(d)