Temporary Resident Permits (TRPs): Considerations specific to inadmissibility on health grounds

The provisions covering inadmissibility on health grounds section A38 of IRPA and section R20 of IRPR were established by Parliament to protect Canadians from persons who are, or are likely to be, a danger to public health or to public safety, or when their entry into Canada would cause, or might be expected to cause, excessive demands on health or social services. Decisions to recommend and issue permits in these cases should be carefully considered.

Information about medical requirements can be found in the Program Delivery Instructions.

Exceptions

Inadmissibility on health grounds based on excessive demand does not apply to foreign nationals who:

• have been determined to be a member of the family class and to be the spouse, common-law partner or child or a sponsor within the meaning of the Regulations
• have applied for a permanent resident visa as a Convention refugee or a person in similar circumstances
• are protected persons
• where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to above is also exempted (section A 38 of IRPA).

Risk assessment: what to consider

• Is the person suffering from a communicable or contagious disease? This should be assessed in the context of threat to the travelling public and the community of destination. If precautions cannot guarantee that there will be no threat to anyone en route or in Canada, a permit should not be issued.
• Can the officials concerned and the public be protected or forewarned regarding any person who presents a health risk?
• How severe is the person’s anticipated need for health or social services in relation to the demand for these services by Canadian residents?
• What is the cost of the treatment or care, if available?
• How will the costs incurred in Canada be covered (insurance, family finances)?
• What arrangements are there to cover treatment, care and other costs?
• Will follow-up treatment at home or in Canada be required? Is it available in the home country, and if not, will this prevent the person from returning home?
• In permanent resident cases, is the person likely to become self-supporting?
• Is there a risk the person will require public assistance?

Procedures

Medically inadmissible temporary resident permit holders requiring continuous public assistance

TRP holders who are inadmissible on health grounds are eligible for permanent resident status after three years in the permit holder class. If they are likely to need public assistance continuously, they are high-risk candidates for TRPs. an officer should be guided in these cases (M4 to M7) by the “Health Conditions” and “Narrative” sections contained in the Medical Notification IMM 5365B form or the Medical Status report from GCMS.

Role of delegated decision maker

The delegated decision maker can make a decision on the TRP without having to consult any provincial or territorial authorities. If the decision is favourable, notify Health Branch at NHQ of the issuance of the TRP via e-mail.

Provincial health insurance coverage

Applicants should obtain information about eligibility directly from provincial or territorial plan administrators. Contact Operational Management and Coordination (OMC) for further guidance about eligibility for health insurance.