Regulation 34 — Excessive demand

(1) An officer who is assessing a foreign national’s health condition shall analyze all relevant medical factors that apply to a determination of whether the foreign national’s health condition might reasonably be expected to cause excessive demand and shall prepare an opinion based on their analysis.

(2) Medical factors referred to in subsection (1) include

(a) any reports made by a health practitioner or medical laboratory with respect to the foreign national;

(b) any condition identified by a medical examination required under paragraph 16(2)(b) of the Act;

(c) the availability of and anticipated costs for health services and social services arising from the foreign national’s health status; and

(d) a consideration of whether a mitigation plan, if any, submitted by the foreign national would provide for appropriate treatment for the health condition and would be permitted under the rules regulating the delivery of health care in Canada.

(3) The officer shall not consider non-medical factors, including

(a) the foreign national’s intent and financial ability to mitigate any excessive demand; and

(b) the feasibility of a mitigation plan, if any, submitted by the foreign national.