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Immigration and Refugee Protection Act

s. 38 Health grounds

  • PART 1: Immigration to Canada
  • DIVISION 4: Inadmissibility
  • Inadmissibility

Last verified: June 2026 Β· Source: justice.gc.ca

The law says

IRPA s. 38
Verify on justice.gc.ca(opens in a new tab)

(1)A foreign national is inadmissible on health grounds if their health condition

  • (a)is likely to be a danger to public health;
  • (b)is likely to be a danger to public safety; or
  • (c)might reasonably be expected to cause excessive demand on health or social services.

Exception

(2)Paragraph (1)(c) does not apply in the case of a foreign national who

  • (a)has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;
  • (b)has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;
  • (c)is a protected person; or
  • (d)is, if prescribed, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).

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