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Basic Considerations

Medical Examinations:

  • Medical Certificate – Every foreign national referred to in subsection 38(1) who seeks to enter Canada must hold a medical certificate, based on the most recent medical examination to which they are required to submit under that subsection within the previous 12 months, that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand.

medicineWhat you need to know about the procedure:

  • medically inadmissible applicants: no expiry date of medical validity
  • in situation where TRP is permitted to travel to Canada even where medically inadmissible, a new examination for public health reasons may be required
  • the validity of the foreign national visa must not exceed the immigration medical validity

Procedure: Temporary Resident and Permanent Resident Results:

  • Results cannot be used interchangeably such that an applicant who is medically inadmissible as a TR must be medically re-evaluated before the same conclusion can be made on a PR application.
  • an applicant who is inadmissible as a PR may be admissible as a TR
  • an applicant inadmissible as a TR may be admissible as a PR where the condition improves between applications
  • a new medical examination will be required where this occurs
  • applicants are responsible for informing the officer that they previously applied under a different category

Procedure: Evaluation TR applications for Medical Treatment:

  • both the health and good faith of the TR applicant is assessed by the Officer
  • application should be refused where the applicant’s health poses a risk to the public’s health or safety (s. 38(1)(a)(b) IRPA);
  • the results of any requested medical examination should only address the issue of medical inadmissibility

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