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ARTICLE · 04 APRIL 2018

Medical Inadmissibility: A Movement Towards Inclusivity

Green and Spiegel LLP
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The subject of Canada's medical inadmissibility provisions has been a hot topic on the government's radar in recent years.

CanadaImmigration
Alexandra Cole, B.A. (Hons.), J.D.
Alexandra Cole, B.A. (Hons.), J.D.
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THE LEGISLATION

The subject of Canada's medical inadmissibility provisions has been a hot topic on the government's radar in recent years. In particular, the focus has been on section 38(1)(c) of the Immigration and Refugee Protection Act (IRPA), which provides:

Health grounds

  • 38 (1) A foreign national is inadmissible on health grounds if their health condition

[...]

(c) might reasonably be expected to cause excessive demand on health or social services.

The effect of this provision is to exclude foreign nationals from entering or remaining in Canada, if Immigration Refugees and Citizenship Canada (IRCC) makes a determination that their health condition is one which may cause an excessive demand on Canada's health or social services. 

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