Inadmissible on health grounds: Canada's Medical Inadmissibility regulations

Medical inadmissibility refers to being ineligible to enter Canada due to health-related reasons. Section 38 of the Immigration and Refugee Protection Act (IRPA) specifies three grounds: danger to public health, danger to public safety, or causing an excessive demand on health or social services.

1. Three grounds under the law

• Public health: A health condition that may pose a danger to public health.
• Public safety: A health condition that may pose a danger to public safety.
• Excessive demand: A health condition for which the anticipated demand on health or social services would likely exceed the threshold.

2. 2026 excessive demand threshold

IRCC has set the threshold at 144,390 CAD over 5 years, equivalent to 28,878 CAD per year. Excessive demand also includes adverse impacts on service wait times, not just costs.

3. Exemptions for the excessive demand ground

Section 38(2) provides exemptions for statutory groups, including sponsored spouses, common-law partners, or dependent children under the family class; applicants for permanent residence (PR) as Convention refugees or in similar circumstances; and protected persons and their prescribed family members. This exemption relates to the excessive demand ground and does not waive the public health or public safety grounds.

4. Receiving a procedural fairness letter

Before a final decision is made, IRCC will send a letter stating the reasons and providing an opportunity to respond. Published guidelines allow a 90-day deadline from the date of the letter; if you cannot meet this, you must contact them to request an extension. IRCC may invite you to submit a mitigation plan where applicable to your specific case.