SI/2012-2620124

20235

OTHER THAN STATUTORY AUTHORITYOrder Respecting the Interim Federal Health Program, 2012[Declared to be of no force or effect in Canadian Doctors For Refugee Care v. Canada (Attorney General), 2014 FC 651, [2015] 2 FCR 267.]P.C.2012-43320124

His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, hereby(a) repeals Order in Council P.C. 157-11/848 of June 20, 1957; and(b) makes the annexed Order Respecting the Interim Federal Health Program, 2012.Interpretation

1The following definitions apply in this Order.Act means the Immigration and Refugee Protection Act. (Loi)condition of public safety concern means a mental health condition in a person who has been examined by a physician licensed in Canada and for which the physician is of the opinion that the person will likely cause harm to others. (état préoccupant pour la sécurité publique)disease posing a risk to public health means a communicable disease(a)that is on the list of national notifiable diseases of the Public Health Agency of Canada, as amended from time to time,(i)which is subject to human-to-human transmission and requires public health intervention in accordance with provincial legislation, or(ii)for which immunization has been recommended under Canadian medical standards; or(b)that is referred to in the Interim Federal Health Program Policy of the Department of Citizenship and Immigration, as amended from time to time. (maladie présentant un risque pour la santé publique)expanded health care coverage means coverage for the following services and products provided in Canada, as defined in the Interim Federal Health Program Policy of the Department of Citizenship and Immigration, as amended from time to time: (a)hospital services;(b)services of physicians licensed in Canada, registered nurses licensed in Canada and other health care professionals licensed in Canada;(c)translation services for health purposes;(d)laboratory, diagnostic and ambulance services;(e)supplemental services; and(f)supplemental products. (couverture des soins de santé élargie)health care coverage means coverage for the following services and products provided in Canada only if they are of an urgent or essential nature as defined in the Interim Federal Health Program Policy of the Department of Citizenship and Immigration, as amended from time to time:(a)hospital services;(b)services of physicians licensed in Canada and registered nurses licensed in Canada;(c)laboratory, diagnostic and ambulance services; and(d)immunization and medication, only if required to prevent or treat a disease posing a risk to public health or to treat a condition of public safety concern. (couverture des soins de santé)immigration medical examination means a medical examination requested under paragraph 16(2)(b) of the Act and has the meaning assigned to the term medical examination in section 29 of the Immigration and Refugee Protection Regulations. (visite médicale d’immigration)Minister means the Minister of Citizenship and Immigration. (ministre)person whose refugee claim has been rejected means a person (a)whose claim for refugee protection has been finally rejected by the Immigration and Refugee Board and whose right to judicial review, or any appeal of that judicial review, in respect of that claim has been exhausted; or(b)whose claim is deemed to be rejected under subsections 105(3), 108(3) or 109(3) of the Act. (personne dont la demande d’asile a été rejetée)protected person has the same meaning as in subsection 95(2) of the Act. (personne protégée)public health or public safety health care coverage means coverage for the following services and products provided in Canada, only if required to diagnose, prevent or treat a disease posing a risk to public health or to diagnose or treat a condition of public safety concern:(a)hospital services;(b)services of physicians licensed in Canada and registered nurses licensed in Canada;(c)laboratory and diagnostic services; and(d)immunization and medication. (couverture des soins de santé pour la santé ou la sécurité publiques)refugee claimant means a person whose claim for refugee protection is eligible to be referred to the Immigration and Refugee Board and who is awaiting a final determination of that claim by that Board, including a person whose right to judicial review of that determination, or appeal of that judicial review, has not been exhausted. This definition does not include a person whose refugee claim was determined to be abandoned or withdrawn. (demandeur d’asile)resettled refugee means a person on whom refugee protection has been conferred under paragraph 95(1)(a) of the Act. (réfugié réétabli)SI/2012-49, ss. 1, 6(F)

Authorization

2The Minister is hereby authorized to administer the Interim Federal Health Program in accordance with this Order.

Powers of Minister

3(1)The Minister may pay the cost of health care coverage incurred for protected persons, other than resettled refugees referred to in subsection 6.1(2), for a period set out in the Interim Federal Health Program Policy of the Department of Citizenship and Immigration, as amended from time to time.(2)Despite subsection (1), the Minister may pay the cost of health care coverage incurred for protected persons who are resettled refugees only while they are under sponsorship under the Immigration and Refugee Protection Regulations.SI/2012-49, s. 2

4(1)Subject to subsections (2) and (3), the Minister may pay the cost of health care coverage and immigration medical examinations incurred for refugee claimants.(2)The Minister is not authorized to pay, under subsection (1), the cost of health care coverage incurred for refugee claimants while their refugee claims are suspended under subsection 103(1) or 105(1) of the Act.(3)The Minister is not authorized to pay, under subsection (1), the cost of health care coverage incurred for refugee claimants who are nationals of a country that is, when services or products are provided, designated under subsection 109.1(1) of the Act.

5The Minister may pay the cost of public health or public safety health care coverage incurred for persons whose refugee claims have been rejected except for those whose removal order has been enforced pursuant to section 240 of the Immigration and Refugee Protection Regulations.

6The Minister may pay the cost of public health or public safety health care coverage and immigration medical examinations incurred for refugee claimants(a)while their refugee claims are suspended under subsection 103(1) or 105(1) of the Act; or(b)who are nationals of a country that is, when services or products are provided, designated under subsection 109.1(1) of the Act.

6.1(1)The Minister may pay the cost of expanded health care coverage and immigration medical examinations incurred in Canada for the following persons for a period set out in the Interim Federal Health Program Policy of the Department of Citizenship and Immigration, as amended from time to time:(a)persons for whom the Minister exercises a power conferred under subsection 25.1(1) or 25.2(1) of the Act, if they are or were in receipt of governmental resettlement assistance in the form of income support as defined in the Interim Federal Health Program Policy of the Department of Citizenship and Immigration, as amended from time to time; and(b)persons who have been issued a temporary resident permit under section 24 of the Act, if it has been determined, in accordance with ministerial instructions made under subsection 24(3) of the Act, that they are or may be victims of human trafficking.(2)The Minister may pay the cost of expanded health care coverage incurred for resettled refugees, if they are or were in receipt of governmental resettlement assistance in the form of income support as defined in the Interim Federal Health Program Policy of the Department of Citizenship and Immigration, as amended from time to time, for a period set out in that Policy.SI/2012-49, s. 3

7Despite sections 3 to 6, the Minister may, in exceptional and compelling circumstances, including when the Minister exercises a power conferred under subsection 25.2(1) of the Act, on his or her own initiative and for the period that he or she determines, pay the cost incurred in Canada of any of the following:(a)health care coverage;(b)public health or public safety health care coverage;(c)immigration medical examinations; or(d)immunization and medication, only if required to prevent or treat a disease posing a risk to public health or to treat a condition of public safety concern.SI/2012-49, s. 3

8In order to protect the health and safety of Canadians, the Minister may, on his or her own initiative, in exceptional and compelling circumstances, pay the cost of immigration medical examinations, medication or immunization incurred outside Canada that are, in the opinion of the Minister, required prior to departure for Canada for the following persons:(a)resettled refugees; and(b)foreign nationals in respect of whom the Minister exercises a power conferred under subsection 25.2(1) of the Act.

9The Minister may pay the cost of health care services and products incurred, in accordance with the Interim Federal Health Program Policy of the Department of Citizenship and Immigration, as amended from time to time, for foreign nationals or permanent residents who are detained under the Act.SI/2012-49, s. 6(F)

9.1Any payment referred to in sections 3 to 9 shall be made in accordance with the benefit grids referred to in the Interim Federal Health Program Policy of the Department of Citizenship and Immigration, as amended from time to time.SI/2012-49, s. 4

Restrictions

10(1)The Minister is not authorized to make a payment under sections 3 to 6 for persons who are or were eligible under any provincial health insurance plan or program, whether or not an application has been made to the plan or program.(2)Despite subsection (1), the Minister may pay the cost of immunization and medication incurred for protected persons who are resettled refugees while they are under sponsorship under the Immigration and Refugee Protection Regulations, but only if required to prevent or treat a disease posing a risk to public health or to treat a condition of public safety concern.(3)The Minister is not authorized to make a payment under section 6.1 for persons referred to in that section for any services or products for which they are eligible under any provincial health insurance plan or program, without regard to the amount that may be recovered under that plan or program for those services or products.(4)The Minister is not authorized to make a payment under section 9 for persons referred to in that section who are eligible under any provincial health insurance plan or program, whether or not an application has been made to the plan or program.(5)The Minister is not authorized to make a payment under this Order for any services or products for which a person may make a claim under any private insurance plan, without regard to the amount that may be recovered under that plan for those services or products.(6)The Minister is not authorized to make a payment under this Order for persons who are Canadian citizens.SI/2012-49, s. 5

Transitional Provisions

11For greater certainty, Order in Council P.C. 157-11/848 of June 20, 1957 continues to apply in respect of health care services and products provided until June 29, 2012 and the Minister may pay the cost of health care services and products provided after that date only in accordance with this Order.

12Subsection 4(3) and paragraph 6(b) do not apply to a refugee claimant whose claim for refugee protection was made prior to the day on which section 12 of the Balanced Refugee Reform Act, chapter 8 of the Statutes of Canada, 2010, comes into force.

Coming into Force

13(1)Subject to subsection (2), this Order comes into force on June 30, 2012.*(2)Subsection 4(3), paragraph 6(b) and section 12 come into force on the day on which section 12 of the Balanced Refugee Reform Act, chapter 8 of the Statutes of Canada, 2010, comes into force.*[Note: Subsection 4(3), paragraph 6(b) and section 12 in force December 15, 2012, see SI/2012-96.]