Excessive Demand Rules for Immigration

Summary#

These are the final Regulations Amending the Immigration and Refugee Protection Regulations (Excessive Demand). They came into force when registered on March 4, 2022 and were published in the Canada Gazette on March 16, 2022. In short, the rules raise the cost threshold used to decide if a newcomer’s health needs are an “excessive demand,” narrow which services count, and clarify which officers review medical versus non-medical information.

What it does#

• Raises the cost threshold used to judge “excessive demand” to three times the average Canadian per‑person health and social services cost (the government had been using this level in a temporary policy since June 1, 2018).
• Removes the earlier “exceptional” 10‑year cost calculation window and keeps the standard 5‑year window.
• Redefines which services count:
  • Narrows “social services” so it no longer includes certain services such as special education.
  • Clarifies that “health services” and “social services” are services mainly funded by governments.
• Clarifies roles:
  • Medical officers will focus on medical information.
  • Migration officers will consider medical and non‑medical information (for example, mitigation plans and financial ability).
• Codifies changes already applied by the temporary policy and makes the role‑division official in the rules.

Who's affected#

• People applying to come to Canada as permanent residents and some temporary residents who need healthcare or social supports.
• Families of those applicants (because a refusal on medical grounds can affect family members’ applications).
• People with disabilities and applicants who need special education or long‑term supports — more of these applicants may now be allowed in.
• Immigration, Refugees and Citizenship Canada staff, especially medical officers and migration officers, who will have clearer responsibilities.
• Provinces and territories, which pay for most public health and social services and may see slightly higher costs or changed demand on services.
• Federal partners that handle appeals and enforcement (for example, the Immigration and Refugee Board and the Canada Border Services Agency) because the changes affect how many cases proceed.

Why it matters#

• More newcomers with manageable or supportable health conditions can be admitted. The government’s analysis estimated the change could allow about 62 to 132 additional people per year into Canada under the adjusted rules, with an estimated $4.2 million in health costs over 5 years (about $840,000 per year).
• The change aims to reduce barriers for people with disabilities (by removing special education from the calculation) and to align the policy with inclusion goals.
• It reduces complexity and duplication in processing. Clarifying that medical officers only review medical facts should speed decisions and use resources more efficiently (implementation costs for that clarification were estimated at $44,219).
• Provinces and territories worry about added costs and possible effects on waiting lists, though the government says the projected financial impact is small compared with overall provincial health spending (for context, provincial health spending was cited around $172 billion in 2019, including $40 billion federal transfers).
• These regulations formalize a temporary policy that had been used since June 1, 2018, so the practical effect is mainly to make that policy permanent and clearer in law.