Canada Health Act

Canada Health Act
Loi canadienne sur la santé
Parliament of Canada
  • An Act relating to cash contributions by Canada and relating to criteria and conditions in respect of insured health services and extended health care services
CitationRSC 1985, c. C-6
Enacted byParliament of Canada
Assented toApril 17, 1984
Legislative history
Introduced byMonique Bégin, Minister of Health
First readingDecember 12, 1983
Second readingMarch 26, 1984
Third readingApril 9, 1984
Repeals
Hospital Insurance and Diagnostic Services Act, RSC 1970, c. H-8
Medical Care Act, RSC 1970, c. M-8
Status: In force (amended)

The Canada Health Act (CHA; French: Loi canadienne sur la santé),[1] adopted in 1984, is the federal legislation in Canada for publicly-funded health insurance, commonly called "medicare", and sets out the primary objective of Canadian healthcare policy.[2]

As set out in the Act, the main objective of healthcare policy in Canada is to facilitate reasonable, continued access to quality healthcare to all Canadians, regardless of income or geographic location by establishing criteria and conditions in respect of insured health services and extended health care services.[3][2]

The statute establishes the framework for federal financial contributions to the provincial and territorial healthcare insurance programs under the Canada Health Transfer. With that said, the CHA deals only with how the system is financed: under the constitutional division of powers in Canadian federalism, adherence to Canada Health Act conditions is voluntary on the part of the provinces/territories; the federal government cannot compel the provinces to comply with the Act. However, if a province does not comply with the terms, it would not receive the federal financial contribution to healthcare.[4] Those fiscal levers have helped to ensure a relatively consistent level of coverage across the country.

Establishing the principle of universal, single-payer healthcare, the Act's basic requirement is universality: to qualify for federal funding, provinces and territories must provide universal coverage of all "insured health services" for all "insured persons."[5] "Insured health services" include hospital services, physician services, and surgical-dental services provided to insured persons, if they are not covered by any other programme.[6] "Insured persons" means anyone who is resident in a province or territory and lawfully entitled to be or to remain in Canada.[6]

Governments' fiscal position will influence health spending trends. As of 2020, Canada’s per capita spending on healthcare was among the highest internationally, placing Canada above the OECD average in terms of per-person spending on healthcare. However, Canada's healthcare spending per capita is less than 60% of its neighbour's, the United States.[7] In addition, prior to the COVID-19 pandemic health spending growth was constrained due to federal and provincial/territorial governments running budget deficits. In 2005, international data shows that approximately 70% of Canadian health expenditures were paid from public sources,[8] thereby placing Canada below the OECD average.[9][7]

  1. ^ Canada Health Act, RSC 1985, c. C-6
  2. ^ a b Health Canada (2004-07-26). "Canada Health Act". www.canada.ca. Retrieved 2023-04-19.
  3. ^ Health Canada (November 25, 2002). "Canada Health Act Overview, 2002". About Health Canada. Canada. Archived from the original on December 17, 2007. Retrieved 2007-12-26.
  4. ^ "The Canada Health Act: An Overview". lop.parl.ca. Retrieved 31 May 2023.
  5. ^ Canada Health Act, RSC 1985, c. C-6, s. 10.
  6. ^ a b Canada Health Act, RSC 1985, c. C-6, s. 2.
  7. ^ a b "National health expenditure trends, 2022 — Snapshot | CIHI". www.cihi.ca.
  8. ^ Canadian Institute for Health Information (September 27, 2005), CIHI exploring the 70-30 split, ISBN 1-55392-655-2, archived from the original on July 6, 2011, retrieved 2010-12-15.
  9. ^ Organisation for Economic Co-operation and Development (2010), OECD Health Data 2010: How Does Canada Compare (PDF), retrieved 2010-12-15.