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:Order reducing or withholding contribution
  •  (1) Where, on the referral of a matter under section 14, the Governor in Council is of the opinion that the health care insurance plan of a province does not or has ceased to satisfy any one of the criteria described in sections 8 to 12 or that a province has failed to comply with any condition set out in section 13, the Governor in Council may, by order,

    • (a) direct that any cash contribution to that province for a fiscal year be reduced, in respect of each default, by an amount that the Governor in Council considers to be appropriate, having regard to the gravity of the default; or

    • (b) where the Governor in Council considers it appropriate, direct that the whole of any cash contribution to that province for a fiscal year be withheld.

  • Marginal note:Amending orders

    (2) The Governor in Council may, by order, repeal or amend any order made under subsection (1) where the Governor in Council is of the opinion that the repeal or amendment is warranted in the circumstances.

  • Marginal note:Notice of order

    (3) A copy of each order made under this section together with a statement of any findings on which the order was based shall be sent forthwith by registered mail to the government of the province concerned and the Minister shall cause the order and statement to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is made.

  • Marginal note:Commencement of order

    (4) An order made under subsection (1) shall not come into force earlier than thirty days after a copy of the order has been sent to the government of the province concerned under subsection (3).

  • R.S., 1985, c. C-6, s. 15;
  • 1995, c. 17, s. 38.
Marginal note:Reimposition of reductions or withholdings

 In the case of a continuing failure to satisfy any of the criteria described in sections 8 to 12 or to comply with any condition set out in section 13, any reduction or withholding under section 15 of a cash contribution to a province for a fiscal year shall be reimposed for each succeeding fiscal year as long as the Minister is satisfied, after consultation with the minister responsible for health care in the province, that the default is continuing.

  • R.S., 1985, c. C-6, s. 16;
  • 1995, c. 17, s. 39.
Marginal note:When reduction or withholding imposed

 Any reduction or withholding under section 15 or 16 of a cash contribution may be imposed in the fiscal year in which the default that gave rise to the reduction or withholding occurred or in the following fiscal year.

  • R.S., 1985, c. C-6, s. 17;
  • 1995, c. 17, s. 39.

EXTRA-BILLING AND USER CHARGES

Marginal note:Extra-billing

 In order that a province may qualify for a full cash contribution referred to in section 5 for a fiscal year, no payments may be permitted by the province for that fiscal year under the health care insurance plan of the province in respect of insured health services that have been subject to extra-billing by medical practitioners or dentists.

  • 1984, c. 6, s. 18.