Medical Definitions

In order to conclude that a foreign national’s health condition is likely to be a danger to public health, the medical officer who is assessing the foreign national’s health condition shall consider any report made by a health practitioner or medical laboratory with respect to the foreign national (i.e. the findings from the immigration medical examination), the communicability of any disease that the foreign national is affected by or carries, and the impact that the disease could have on other persons living in Canada. (R31)

Active pulmonary tuberculosis (TB) and untreated syphilis are considered a danger to public health.

In order to conclude that a foreign national’s health condition is likely to be a danger to public safety, the medical officer who is assessing the foreign national’s health condition shall consider any report made by a health practitioner or medical laboratory with respect to the foreign national (i.e. the findings from the immigration medical examination), the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada. (R33)

Health conditions that are likely to cause a danger to public safety include serious uncontrolled and/or uncontrollable mental health problems such as:

• certain impulsive sociopathic behaviour disorders;
• some aberrant sexual disorders such as pedophilia;
• certain paranoid states’ or some organic brain syndromes associated with violence or risk of harm to others;
• applicants with substance abuse leading to antisocial behaviours such as violence, and impaired driving; and
• other types of hostile, disruptive behaviour.

As per paragraphs A38(2), R24, R117(g) and R139(4), excessive demand determinations under A38(1)(c) do not apply to:

• spouse, common-law partner or conjugal partner;
• a dependent child (including an adopted a child) of the sponsor, or of the sponsor’s spouse, common-law partner or conjugal partner;
• Convention Refugees [including their spouses/common-law partners/conjugal partners and dependent children]; and
• protected persons [including their spouses/common-law partners/conjugal partners and dependent children].

Although such individuals must undertake a full immigration medical examination, they are not assessed for excessive demand.

According to the legislation, a medical examination may include any or all of the following: a review of an applicant’s medical history, a mental examination, a physical examination, laboratory and diagnostic tests, and a medical assessment of the applicant’s records (R29).

However, in order to have sufficient information to determine the inadmissibility on health grounds, foreign nationals who are requested to submit to a medical examination should generally have at least one full medical examination conducted by a panel physician, called a routine immigration medical examination (IME), which includes all of the following:

• review of past medical history;
• physical examination;
• mental examination;
• Additional age related tests:
  • urine test (age 5 and older);
  • syphilis and HIV blood tests (age 15 and older);
  • chest X-ray (age 11 and older).

If necessary, other medical investigations and tests may also be conducted to determine admissibility or inadmissibility on health grounds.