A/HRC/41/34/Add.2
to pay. Those values are embedded in single-payer public health-care systems partially
funded by the Federal Government and implemented in each province and territory.14
27.
The legal grounds for that arrangement are found in the Constitution Act, 1867,
section 92.7 of which bestows jurisdiction to Canadian provinces over hospitals, asylums,
charities and psychiatric institutions. Federal jurisdiction, on the other hand, includes
quarantine and the establishment and maintenance of marine hospitals (section 91.11) and
power over raising money by taxation and borrowing money on the public credit (sections
91.3 and 91.4, respectively). These constitutional provisions have generally been
interpreted as granting provinces and territories the jurisdiction to manage overall health
care with funds from the Federal Government.
28.
As a result, Canada does not have one single entity that is responsible for health
delivery, nor one single national health-care plan. Instead, there are 13 provincial/territorial
health-care plans and some targeted federal plans for specific groups. 15 To support their
own plans, provinces and territories receive federal funding through the Canada Health Act
and the Canada Health Transfer.
29.
The federal 1984 Canada Health Act establishes publicly funded health-care
insurance to cover medically necessary services provided by hospitals and physicians in the
provinces and territories. Section 3 of the Act states that the primary objective of Canadian
health-care policy is to protect, promote and restore the physical and mental well-being of
residents of Canada and to facilitate reasonable access to health services without financial
or other barriers.
30.
The Act defines the criteria and conditions for insured health services and extended
health-care services that provinces and territories must comply with in order to receive the
full federal transfer under the Canada Health Transfer. There are five criteria: (a) public
administration; (b) comprehensiveness; (c) universality; (d) portability; and (e)
accessibility. The Act also establishes two conditions – information and recognition – and
one provision that prohibits extra billing and user charges.
31.
Provincial and territorial governments manage, organize and deliver health-care
services, although the Federal Government provides health-care services for certain groups,
including refugees, veterans, members of the armed forces, federal prison inmates and some
services for indigenous First Nations and Inuit. The Federal Government is further
responsible for enforcing the Canada Health Act. Accordingly, if any of the provinces or
territories fail to meet the criteria, or if they allow extra billing by medical practitioners or
user charges for insured health services, they face a penalty in the form of a reduction or
withholding of the Canada Health Transfer.
32.
Health-care services are delivered by a broad range of providers, some of which are
owned or employed by the Government and others are privately-owned or self-employed.
Hospitals are either public or private non-profit institutions. Other health-care services,
such as home care and long-term care, are delivered by a mix of private for-profit, private
non-profit and public organizations. Physicians are predominantly “self-employed free
agents”, generally paid by the respective government, on a fee-for-service basis, which is
negotiated with medical associations, although the use of alternate payment systems such as
capitation is increasing. Other health-care personnel such as dentists and physiotherapists
operate as self-employed professionals and are not generally paid by provinces or
territories.
14
15
Under the 2004 and 2017 accords with the Government of Canada, the authorities in Quebecare fully
responsible for the planning, organization and management of Québec’s health system.
Including the Interim Federal Health Program for eligible refugees and other groups; the Non-Insured
Health Benefits Program for registered First Nations and recognized Inuit; the Strengthening the
Forces health promotion program for Canadian armed forces members; the Correctional Services
Canada Healthcare Program for federal offenders; a variety of programmes for veterans and an
optional public service health-care plan for federal public service employees that supplements
provincial/territorial plans.
7
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