canuck_in_uk said:
Learn to Google...
CIC: http://www.cic.gc.ca/english/resources/tools/medic/admiss/excessive.asp
The cost threshold is determined by multiplying the per capita cost of Canadian health and social services by the number of years used in the medical assessment for the individual applicant. This cost threshold is updated every year.
Effective December 1, 2014, the updated cost threshold is $6,387 per year. This figure is usually multiplied by five (unless the anticipated length of stay is shorter than five years or there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years). This results in the legislated threshold of $31,935.
IRPA: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html#h-2
excessive demand means
(a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required under paragraph 16(2)(b) of the Act, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or
(b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents.
The law doesn't state a dollar amount for the very obvious reason that the cost threshold changes every year.
Thanks for sharing the link. However, what you have shared are the regulations which are subject to judicial review. It is the standards to ensure administrative fairness, fair play, and principles of natural justice. While the regulations are easy to challenge since they are made by the administrative authority and not the legislature. Having said that the law as interpreted by the courts provide a guideline to the administrative agency on how to ensure procedural fairness, which does grant arbitrary power subject to judicial review.
Here the threshold that has been made is subjective in nature and not an absolute one. The figure that you see in the regulations (which I was not aware of), has to be determined by the medical offices of the CIC and not from a foreign country as mentioned in one of the posts above. How a medical officer will determine the cost is again subjective.
In a nutshell, my point was to not rely on the regulations but the law of the land as laid down in the judgment when administrative decisions are challenged. How an applicant will show requisite funds to overcome the excessive demand threshold is subject to what CIC determines fit. In the link that you shared, <
http://www.cic.gc.ca/english/resources/tools/medic/admiss/excessive.asp>, there are two cases mentioned and they have relied upon the
dictum of the cases I cited. Moreover form the same web page shared by you it states:
The case law has developed separate requirements for excessive demand on health services and excessive demand on social services. Since most health services are publicly funded, without any cost-recovery mechanism, the courts have held that an applicant’s willingness or ability to pay is not a relevant factor. In Deol v. Canada (M.C.I.) 2002 FCA 271, the Federal Court of Appeal said:
“The Minister has no power to admit a person as a permanent resident on the condition that the person either does not make a claim on the health insurance plans in the provinces or promises to reimburse the costs of any services required.”
However, in Companioni v. Canada (M.C.I.) 2009 FC 1315, and later cases, the Federal Court allowed some flexibility in assessing one’s ability to defray the costs of out-patient medication, such as HIV anti retroviral therapy. As such, medical officers have to make an individualized assessment of the medical file, the required out-patient medication, the availability of private insurance and/or the ability to opt-out of publicly-funded drug plans in the province or territory where the applicant intends to reside.
Based upon the above and in light of the supreme court rulings on the same point, just because an applicant has more than x amount will not entitle him to be admissible in case he or any of his family member is suffering from a medical condition which CIC believes would put an excessive demand on health and social service.
I will reiterate what I said in one of my posts above,
"I would strongly recommend the applicant to seek legal help prior to filing the application if (s)he suspects that (s)he or any of the family members could have a serious medical issue."
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I stand corrected with regard to the amount that you have found in the regulations, and thanks for providing the link.
