FIDERA LAW
Canadian immigration law

Something went wrongMedical inadmissibility

Something went wrong · Medical inadmissibility

It is about cost, not about your diagnosis.

No health condition automatically makes anyone inadmissible. The assessment is individual and arithmetical, a lifelong condition that is well managed and inexpensive passes, and for sponsored spouses and children, refugees and protected persons the cost rule does not apply at all.

What this ground actually asks

Medical inadmissibility frightens people far out of proportion to how often it bites. It is not about your diagnosis, it is about the cost of the services you are likely to need, and for a great many applicants the cost question does not arise at all.

Verified 19 August 2026

Check the exemptions before the threshold

Excessive demand does not apply at all to a spouse, common law partner or dependent child being sponsored in the family class, to an applicant for permanent residence as a Convention refugee or person in similar circumstances, to a protected person, or to prescribed family members of those groups, which include a conjugal partner of a sponsor, certain of their dependent children, and a person sponsored under the family class provision covering orphaned and other relatives. The conjugal partner exemption sits in a different provision from the rest, which matters only if you are checking the Regulations yourself.

If you are in one of those groups, no cost is calculated and no threshold applies. Public health and public safety are still assessed, and they are narrow grounds. A great deal of unnecessary worry, and a certain amount of unnecessary work, comes from reaching for the threshold before checking the exemption.

  • No condition is automatically disqualifying. The department states that there is no specific health condition that automatically leads to inadmissibility, and that each applicant is assessed individually against the current state of the condition, the likely prognosis, the cost of services needed and the effect on waiting lists.
  • Lifelong is not the same as expensive. Chronicity is not what the calculation measures. A condition that is well managed and inexpensive can sit far below the threshold no matter how long you will have it, because what is priced is the cost of the services over the five years, not the diagnosis or how long it lasts.
  • It is rare. Findings of this kind affect a very small fraction of all medical examinations.
  • Three grounds, and only one is about money. Danger to public health, danger to public safety, and excessive demand. The first two are narrow.
  • The funding test is a real limit. A service only counts where more than half its funding comes from government, directly or through publicly funded agencies. Privately funded and employer insured provision falls outside the calculation.
  • Three categories were removed from the calculation in 2018. Special education, social and vocational rehabilitation, and personal non professional support services, together with related devices. The current definitions in the Regulations make no reference to any of them, and the department stated when it made the change that it does not assess a dependant's need for those services either.

The threshold, and what it is made of

How excessive demand is measured, at 19 August 2026
Position
The testAnticipated costs exceeding three times the average Canadian per capita cost of health and social services over five consecutive years following your most recent medical examination. Alternatively, demand that would add to waiting lists and increase mortality and morbidity
The published figure$27,162 a year, stated as of 1 January 2025. Revised annually, so we confirm the current figure on every file
The five year total$135,810, which is our own multiplication and not a published figure. The department publishes a per year threshold only, so do not build a submission on a five year ceiling as though it were official
Where the figure comes fromThree times the previous year's Canadian per capita health and social services cost, as reported by the Canadian Institute for Health Information in its National Health Expenditure Trends report. That is why it moves every year, and why a figure can be arithmetically right and still not yet be the published one
Which figure applies to youThe one in force on the date the medical officer performs the assessment, not the date you applied. The instruction carries a historical table for exactly this reason, showing $26,220 for an assessment made during 2024 and lower figures before that
What counts as health servicesHealth services including devices, laboratory services and pharmaceuticals, where more than half the funding is governmental
What counts as social servicesResidential or institutional care, including related devices, recommended by a health professional, where more than half the funding is governmental
What is excludedSpecial education, social and vocational rehabilitation such as occupational, behavioural and speech language therapy, and personal non professional support services such as help with daily living, meal preparation and house cleaning

The 2018 changes tripled the threshold and removed those three categories at the same time, and both were made permanent in the Regulations in March 2022. Any material describing the pre 2018 position is describing a different and much harsher rule.

Checked against the Regulations 19 August 2026

A great deal of what you will read about this ground is out of date, including on government pages

Until 2022 the definition read five consecutive years unless significant costs were likely beyond that period, in which case no more than ten, and special education, social and vocational rehabilitation and personal support services were part of the calculation. An amending instrument in 2022 removed the ten year extension outright and left social services defined as residential or institutional care. The definition in force today says five consecutive years, full stop, and the anticipated costs must exceed triple the Canadian per capita average.

Two of the department's own help centre pages have not caught up. One still tells applicants the assessment covers the cost of services over the next five to ten years. Another still says the test is whether the services would cost more than the Canadian average, omitting that the figure is tripled, which makes the bar sound roughly three times harsher than it is. Both were modified this year and both are still live. Commercial and clinic websites repeat the old rule from them.

This is not a technicality. If a refusal in your file priced services over a six to ten year horizon, or counted special education or vocational rehabilitation, or measured you against the untripled average, it applied a rule that is no longer the law. That is worth having looked at.

On the figure itself. The operative instruction states the threshold as $27,162 a year as of 1 January 2025, and it commits to updating the figure annually. Higher figures circulate for later years, and because the threshold is simple arithmetic on a published statistic, a circulating figure can be entirely plausible and still not yet appear in the department's own instruction. We work from the figure in force on the date of the medical assessment, and we confirm it directly on every file rather than relying on any page, including this one.

What to do with a procedural fairness letter

  • It is an opportunity, not a decision. It sets out the medical officer's findings and invites a response. There are three things you can do with it, and the strongest files do more than one.
  • Correct the medical assessment itself. The diagnosis, the prognosis, or the services said to be required. The department relies on the panel physician and on the doctors treating you, so a treating specialist's letter is a direct input into the calculation rather than commentary on it.
  • Attack the arithmetic. The calculation is itemised and priced, and medication is usually the dominant line. Evidence of the real cost of your treatment, of a generic equivalent, or of a lower priced supply, goes straight to the number that decides the case.
  • Show the service is not publicly funded. Both definitions are funding gated, so evidence that a service is privately funded, employer insured or privately delivered takes it out of the count altogether.
  • A mitigation plan comes by invitation, and has real limits. Not everyone can give one. The department says that if it applies to you, you will be invited to send one in, so do not assume the route is open. Where it is open, you cannot opt out of publicly funded health services, except outpatient prescription medication in some provinces or territories, so a plan works on outpatient drugs and on social services and cannot simply offer to pay for health care. It must be credible, detailed and individual to you, show how the services will be provided and how you will pay for them, cover your financial position for the entire time you need services with documents, and come with a signed Declaration of Ability and Willingness.
  • Ask for humanitarian and compassionate relief where it applies. The instruction directs the officer to consider it where requested, and even where the application suggests it is being sought without saying so expressly.
  • The response period is in the letter. We could not find a published number of days anywhere in the departmental material, so read the letter, diarise it, and ask for an extension in good time rather than late.

Whether the cost rule is even your question

The first question is whether the cost rule applies to you at all, because for a large group of applicants it does not. Only then does the threshold matter.

Your situation

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An indication only, not a medical or legal assessment and not legal advice. The cost calculation is performed by a medical officer on your actual diagnosis, prognosis and the services you are likely to need, and no form can replicate it. The threshold is revised annually and the figure that applies is the one in force when the medical officer assesses your file. Being exempt from excessive demand does not exempt you from the public health and public safety grounds. Verified 19 August 2026 against canada.ca and the Immigration and Refugee Protection Regulations.

Why this is the work we most want to do

Because a problem in your history is usually a question of the right mechanism rather than the end of the road, and because the mechanisms are not obvious. What matters is which one applies to your facts, in what order, and what the record has to show before anyone reads it.

01 / Start here

Strategy consultation

A paid session that tests your record against this route and the alternatives, checks how your work is classified, and tells you plainly where you actually stand.

02 / Review

Lawyer review, you file

You prepare and submit; we review the classification, the evidence and the documentation before it goes in, and flag what would be questioned.

03 / Representation

Full representation

We build, document and file the matter as your lawyer of record, and carry it through to the federal permanent residence stage.

Every matter begins with the strategy consultation. If you instruct us within six months of that consultation for a lawyer review or for full representation, the consultation fee is credited against that work. One credit per person.

Frequently asked questions

Will my health condition keep me out of Canada?

Probably not. There is no health condition that automatically leads to inadmissibility, the assessment is individual, and it turns on the cost of the health and social services you are likely to need rather than on your diagnosis. Findings of this kind affect a very small fraction of applicants. A lifelong condition that is well managed and inexpensive is treated quite differently from one that is costly, and chronicity by itself is irrelevant.

What are the three grounds?

Being likely a danger to public health, being likely a danger to public safety, and being reasonably expected to cause excessive demand on health or social services. The first two are narrow in practice, covering matters such as active untreated infectious disease, or an untreated condition with a history of violence. The third is the one that generates most of the anxiety.

Who is exempt from the cost rule?

This is the most important question on the page and it is asked far too late. Excessive demand does not apply at all to a spouse, common law partner or dependent child being sponsored in the family class, to an applicant for permanent residence as a Convention refugee or a person in similar circumstances, to protected persons, or to prescribed family members of those groups, which includes a conjugal partner of a sponsor, certain of their dependent children, and a person sponsored under the family class provision covering orphaned and other relatives. For those applicants the cost question simply does not arise. Public health and public safety are still assessed.

What is the threshold and what does it measure?

It is three times the average Canadian per capita cost of health and social services, measured over the five consecutive years following your most recent medical examination. The operative published figure is $27,162 a year, stated as being as of 1 January 2025, and any five year total quoted alongside it is a multiplication of that figure rather than something the department publishes. It is revised annually, so we confirm the current figure on every file rather than relying on any page, including this one. Which figure applies to you is fixed by the date the medical officer performs the assessment.

What is actually counted?

Publicly funded health services, including devices, laboratory services and pharmaceuticals, and publicly funded residential or institutional care recommended by a health professional. The funding test matters, because a service only counts where more than half the funds come from government. Since 2018 special education, social and vocational rehabilitation, and personal non professional support services have been excluded from the calculation altogether, and they are not assessed for dependants either.

What usually decides these cases?

Medication cost, more often than anything else. The calculation is arithmetical and itemised, pricing out medication, specialist visits, imaging and laboratory tests against the annual threshold, and the medical officer has to record a detailed summary of the services and their costs. The department published two worked examples when it reset the threshold in 2018, and both turn on medication. An applicant living with multiple sclerosis came to $22,693 a year, mostly $21,480 of medication, and was inadmissible against the 2018 threshold of $19,812. An applicant living with HIV came to $16,775 a year, mostly $16,425 of medication, and was admissible. Those figures are measured against the 2018 threshold rather than today's, so treat them as an illustration of the method and not of the current cut off. Because the finding is arithmetical, correcting a drug cost figure is frequently the highest value work in the whole file.

What is a procedural fairness letter?

The letter that tells you a medical officer has assessed you as likely to cause excessive demand, sets out the findings, and gives you the opportunity to respond. You can correct the medical assessment itself, being the diagnosis, prognosis or services said to be required. You can submit a mitigation plan, where you have been invited to. And you can ask for relief on humanitarian and compassionate grounds. The department sets the response period in the letter, and we could not find a published number of days anywhere in its material, so read the letter carefully and ask for an extension in good time if you need one.

What can a mitigation plan actually cover?

Less than people assume, and knowing the limit saves wasted effort. You cannot opt out of publicly funded health services, except outpatient prescription medication in some provinces, so a plan cannot simply promise to pay for health care. Where a plan works is on outpatient prescription drugs, for instance through employer insurance, and on social services, for instance a private facility that will take you together with the means to pay. It must be credible, detailed and specific to you, show how the services will be provided and paid for, and cover your financial position for the whole period, with documents and a signed declaration of ability and willingness.