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

Act current to 2014-09-29 and last amended on 2012-06-29. Previous Versions

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.