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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