Canada Health Act (R.S.C., 1985, c. C-6)

Act current to 2016-11-21 and last amended on 2012-06-29. Previous Versions

Cash Contribution

Marginal note:Cash contribution

 Subject to this Act, as part of the Canada Health Transfer, a full cash contribution is payable by Canada to each province for each fiscal year.

  • R.S., 1985, c. C-6, s. 5;
  • 1995, c. 17, s. 36;
  • 2012, c. 19, s. 408.

 [Repealed, 1995, c. 17, s. 36]

Program Criteria

Marginal note:Program criteria

 In order that a province may qualify for a full cash contribution referred to in section 5 for a fiscal year, the health care insurance plan of the province must, throughout the fiscal year, satisfy the criteria described in sections 8 to 12 respecting the following matters:

  • (a) public administration;

  • (b) comprehensiveness;

  • (c) universality;

  • (d) portability; and

  • (e) accessibility.

  • 1984, c. 6, s. 7.
Marginal note:Public administration
  •  (1) In order to satisfy the criterion respecting public administration,

    • (a) the health care insurance plan of a province must be administered and operated on a non-profit basis by a public authority appointed or designated by the government of the province;

    • (b) the public authority must be responsible to the provincial government for that administration and operation; and

    • (c) the public authority must be subject to audit of its accounts and financial transactions by such authority as is charged by law with the audit of the accounts of the province.

  • Marginal note:Designation of agency permitted

    (2) The criterion respecting public administration is not contravened by reason only that the public authority referred to in subsection (1) has the power to designate any agency

    • (a) to receive on its behalf any amounts payable under the provincial health care insurance plan; or

    • (b) to carry out on its behalf any responsibility in connection with the receipt or payment of accounts rendered for insured health services, if it is a condition of the designation that all those accounts are subject to assessment and approval by the public authority and that the public authority shall determine the amounts to be paid in respect thereof.

  • 1984, c. 6, s. 8.
Marginal note:Comprehensiveness

 In order to satisfy the criterion respecting comprehensiveness, the health care insurance plan of a province must insure all insured health services provided by hospitals, medical practitioners or dentists, and where the law of the province so permits, similar or additional services rendered by other health care practitioners.

  • 1984, c. 6, s. 9.
Marginal note:Universality

 In order to satisfy the criterion respecting universality, the health care insurance plan of a province must entitle one hundred per cent of the insured persons of the province to the insured health services provided for by the plan on uniform terms and conditions.

  • 1984, c. 6, s. 10.
Marginal note:Portability
  •  (1) In order to satisfy the criterion respecting portability, the health care insurance plan of a province

    • (a) must not impose any minimum period of residence in the province, or waiting period, in excess of three months before residents of the province are eligible for or entitled to insured health services;

    • (b) must provide for and be administered and operated so as to provide for the payment of amounts for the cost of insured health services provided to insured persons while temporarily absent from the province on the basis that

      • (i) where the insured health services are provided in Canada, payment for health services is at the rate that is approved by the health care insurance plan of the province in which the services are provided, unless the provinces concerned agree to apportion the cost between them in a different manner, or

      • (ii) where the insured health services are provided out of Canada, payment is made on the basis of the amount that would have been paid by the province for similar services rendered in the province, with due regard, in the case of hospital services, to the size of the hospital, standards of service and other relevant factors; and

    • (c) must provide for and be administered and operated so as to provide for the payment, during any minimum period of residence, or any waiting period, imposed by the health care insurance plan of another province, of the cost of insured health services provided to persons who have ceased to be insured persons by reason of having become residents of that other province, on the same basis as though they had not ceased to be residents of the province.

  • Marginal note:Requirement for consent for elective insured health services permitted

    (2) The criterion respecting portability is not contravened by a requirement of a provincial health care insurance plan that the prior consent of the public authority that administers and operates the plan must be obtained for elective insured health services provided to a resident of the province while temporarily absent from the province if the services in question were available on a substantially similar basis in the province.

  • Marginal note:Definition of "elective insured health services"

    (3) For the purpose of subsection (2), elective insured health services means insured health services other than services that are provided in an emergency or in any other circumstance in which medical care is required without delay.

  • 1984, c. 6, s. 11.
Marginal note:Accessibility
  •  (1) In order to satisfy the criterion respecting accessibility, the health care insurance plan of a province

    • (a) must provide for insured health services on uniform terms and conditions and on a basis that does not impede or preclude, either directly or indirectly whether by charges made to insured persons or otherwise, reasonable access to those services by insured persons;

    • (b) must provide for payment for insured health services in accordance with a tariff or system of payment authorized by the law of the province;

    • (c) must provide for reasonable compensation for all insured health services rendered by medical practitioners or dentists; and

    • (d) must provide for the payment of amounts to hospitals, including hospitals owned or operated by Canada, in respect of the cost of insured health services.

  • Marginal note:Reasonable compensation

    (2) In respect of any province in which extra-billing is not permitted, paragraph (1)(c) shall be deemed to be complied with if the province has chosen to enter into, and has entered into, an agreement with the medical practitioners and dentists of the province that provides

    • (a) for negotiations relating to compensation for insured health services between the province and provincial organizations that represent practising medical practitioners or dentists in the province;

    • (b) for the settlement of disputes relating to compensation through, at the option of the appropriate provincial organizations referred to in paragraph (a), conciliation or binding arbitration by a panel that is equally representative of the provincial organizations and the province and that has an independent chairman; and

    • (c) that a decision of a panel referred to in paragraph (b) may not be altered except by an Act of the legislature of the province.

  • 1984, c. 6, s. 12.

Conditions for Cash Contribution

Marginal note:Conditions

 In order that a province may qualify for a full cash contribution referred to in section 5, the government of the province

  • (a) shall, at the times and in the manner prescribed by the regulations, provide the Minister with such information, of a type prescribed by the regulations, as the Minister may reasonably require for the purposes of this Act; and

  • (b) shall give recognition to the Canada Health Transfer in any public documents, or in any advertising or promotional material, relating to insured health services and extended health care services in the province.

  • R.S., 1985, c. C-6, s. 13;
  • 1995, c. 17, s. 37;
  • 2012, c. 19, s. 409(E).

Defaults

Marginal note:Referral to Governor in Council
  •  (1) Subject to subsection (3), where the Minister, after consultation in accordance with subsection (2) with the minister responsible for health care in a province, is of the opinion that

    • (a) the health care insurance plan of the province does not or has ceased to satisfy any one of the criteria described in sections 8 to 12, or

    • (b) the province has failed to comply with any condition set out in section 13,

    and the province has not given an undertaking satisfactory to the Minister to remedy the default within a period that the Minister considers reasonable, the Minister shall refer the matter to the Governor in Council.

  • Marginal note:Consultation process

    (2) Before referring a matter to the Governor in Council under subsection (1) in respect of a province, the Minister shall

    • (a) send by registered mail to the minister responsible for health care in the province a notice of concern with respect to any problem foreseen;

    • (b) seek any additional information available from the province with respect to the problem through bilateral discussions, and make a report to the province within ninety days after sending the notice of concern; and

    • (c) if requested by the province, meet within a reasonable period of time to discuss the report.

  • Marginal note:Where no consultation can be achieved

    (3) The Minister may act without consultation under subsection (1) if the Minister is of the opinion that a sufficient time has expired after reasonable efforts to achieve consultation and that consultation will not be achieved.

  • 1984, c. 6, s. 14.
 
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