Designated Medical Practitioner Handbook
Chapter 2: Legislation Related to the Immigration Medical Examination
Immigration to Canada is a federally mandated activity performed in accordance with national legislation. The following pieces of legislation define and regulate immigration and immigration-related medical activities.
2.1 Immigration and Refugee Protection Act
Canada’s immigration law, the Immigration and Refugee Protection Act (IRPA), came into effect in June 2002, replacing the previous Immigration Act of 1976. The legislation is designed to ensure that the movement of people into Canada contributes to the country’s social and economic interests, and meets its humanitarian commitments while protecting the health, safety and security of Canadians.
IRPA and the accompanying regulations define the medical requirements that applicants for residence in Canada must meet. In addition, the legislation defines the medical criteria that render individuals inadmissible on medical grounds to immigrate to Canada.
IRPA provides three health grounds for inadmissibility:
- danger to public health
- danger to public safety
- excessive demand on health or social services
The Canadian immigration medical process consists of two components: the immigration medical examination; and the determination, based on that examination, of the applicant’s admissibility to Canada on medical grounds. The latter process is called the immigration medical assessment (IMA).
Canadian immigration legislation is structured so that the immigration medical examination of applicants is separated from the IMA. DMPs are authorized to perform immigration medical examinations, arrange for diagnostic and investigations, and complete Canadian immigration medical forms. They do not have the authority to assess or determine whether the medical conditions of applicants are grounds for inadmissibility. In addition, DMPs do not have the knowledge of all the elements necessary to make a determination, and cannot form an opinion or provide guidance to any applicant to that effect. The authority for determining medical inadmissibility for immigration to Canada (IMA) rests with Canadian immigration medical personnel.
A copy of the Act may be viewed at http://laws.justice.gc.ca/enf/ShowTdm/cs/I-2.5.
2.2 Personal Information Access and Legislation
Applicants often request copies of their immigration medical forms from DMPs. However, Canadian immigration medical forms become the property of CIC. DMPS are not to give them to applicants or their representatives either for transmission to CIC or retention by the applicants. Instructions on how DMPs should deal with applicants’ requests for copies of their immigration medical records are provided in Chapter 6.
The following three acts provide individuals with the right to access and request correction of the personal information that may have been collected about them.
The Privacy Act
This legislation protects the privacy of all Canadian citizens and permanent residents regarding personal information held by a government institution. However, it gives these individuals, including those in Canada who are not permanent residents or citizens, the right to access their own personal information. The Act may be found at http://laws.justice.gc.ca/en/P-21/index.html.
Under the Privacy Act, individuals can gain access to their personal immigration medical records. There is no obligation to hire a representative for access to information and privacy matters. The Government of Canada treats everyone equally, whether they use the services of a representative or not.
Access to Information Act
The Access to Information Act gives every Canadian citizen, permanent resident and individual or corporation present in Canada the right to access records—in any format—that are held under the control of a government institution, subject to certain specific and limited exceptions. The Access to Information Act may be found at http://laws.justice.gc.ca/en/a-1/8.html.
The Act is used to access information under government control, other than an individual’s own personal information. It is often used by applicants’ family members or representatives in Canada (with their permission or authorization) to request information about their immigration medical file.
Personal Information Protection and DMPs in Canada
Personal information in Canada is also protected by the Personal Information Protection and Electronic Documents Act (PIPEDA) and by provincial and territorial legislation dealing with privacy. This legislation, which applies only to DMPs in Canada, sets out rules for how organizations, including medical professionals, may collect, use or disclose personal information in the course of their activities. DMPs in Canada will have been advised by their professional organizations or regulating bodies regarding the application of PIPEDA and provincial/territorial privacy legislation, and the steps they should take to manage information.
PIPEDA is available online at http://laws.justice.gc.ca/en/P-8.6/.
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