A Proposal Rules That The Existing Law Is “Not Aligned With Canadian Values”

Prospective immigrants with certain health conditions often have trouble being accepted into Canada – but an amendment to a federal law could change that.

Until now, the ‘medical inadmissibility rule’ has prevented many with disabilities and illness from obtaining permanent residency in Canada. The rule claims that these conditions “might reasonably be expected to cause excessive demand” on the Canadian health care system or its individual services.

READ MORE: Ottawa Caregiver’s Dream of Permanent Residence At Risk Due to Medical Condition

The Department of Citizenship and Immigration published a proposal in the Canadian Gazette, calling for an amendment to the rule. They criticize the existing rule, saying it “does not strike an appropriate balance between protecting health services and promoting inclusion.”

It adds that “the policy treats these costs as a burden to society, rather than as investments that enable participation, inclusion, and positive contributions.”

This proposal follows a 2017 study, in which the parliamentary immigration committee examined the claims surrounding the medical inadmissibility rule. They concluded that the rule should be repealed as it does not align with Canadian values, like inclusion.

In 2018, the government responded to the study by making changes to the policy. As a result of these changes, 62 applicants and their family members with certain health conditions were admitted to Canada – under the previous law, they wouldn’t have been admitted.

Alongside the upcoming policy changes, the government has proposed to redefine the terms ‘health services’ and ‘social services’ in reference to the policy.

Canadians have until April 26, 2021 to contact Immigration, Refugees and Citizenship Canada to comment on the proposal. Following that, it will be finalized.