Higher excessive-demand threshold for immigration

Summary#

This is a proposed set of changes to the Immigration and Refugee Protection Regulations announced by Immigration, Refugees and Citizenship Canada (IRCC) on March 27, 2021. It would codify a temporary policy that makes it easier for some people with health conditions or disabilities to come to Canada by raising the cost test for “excessive demand” and by narrowing which public services are counted.

What it does#

• Raises the monetary test for an applicant to be considered an “excessive demand” from the current national average per-person cost to three times that amount, measured over five years (or up to 10 years if there are significant longer-term costs). In 2020 the average per-person amount was $7,068 per year, and three times that was $21,204 per year.
• Redefines which services count toward an excessive-demand finding:
  • Narrows “social services” to mainly residential or institutional continuous-care services that are recommended by a health professional and are funded more than half by governments.
  • Removes explicit reference to services such as special education from the social-services list.
  • Clarifies “health services” as services (including devices, labs and drugs) funded more than half by governments.
• Clarifies roles for decision-makers:
  • Medical officers would focus on medical facts and costs.
  • Migration officers would consider non-medical factors (for example, an applicant’s ability to pay, intent, and the feasibility of any mitigation plan).
• These regulatory changes would formally replace the temporary public policy that has been in effect since June 1, 2018.

Who's affected#

• People applying to come to Canada who have health conditions or disabilities, and their family members. IRCC found that in the year after the temporary policy there were 62 people admitted who would likely have been refused before. The government estimates the change could facilitate entry of 62 to 132 additional people per year.
• Provinces and territories, especially Ontario, Alberta, British Columbia, and Quebec, because they pay for most health, education and social services and expressed concerns about costs and waiting lists.
• Federal agencies and staff involved in immigration health screening, including IRCC, the Canada Border Services Agency (CBSA) and the Immigration and Refugee Board (IRB), as well as medical officers and migration officers who process cases.
• Disability and public-interest advocates and immigration lawyers who have argued for more inclusive rules.

Why it matters#

• It reduces a legal barrier that has kept some people with manageable health conditions or disabilities from coming to Canada. That can help family reunification and let people who can work, study or volunteer enter.
• It is expected to have only modest direct cost impacts to public services. IRCC’s review estimated additional health-care costs of $4.2 million over five years (about $840,000 per year) for the people identified in its one-year review. Some provinces worry that education and other costs could be higher.
• It should simplify and speed processing of complex cases by removing special education from the social-services test and by assigning medical and non-medical responsibilities more clearly. IRCC estimates one-time implementation costs of $44,219, and expects federal cost avoidances of about $163,378 per year (IRB $115,000 and CBSA $48,378) from fewer appeals and enforcement actions.
• These are proposed regulatory changes (not yet law). IRCC’s notice invited comments within 30 days of the Canada Gazette publication on March 27, 2021.