The Definitions
The definitions in this subsection apply in the Act and in these Regulations.
Common-law Partner or conjoint de fait: This refers to, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.
Excessive Demand: This refers to:
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A demand on health services or social services for which the authorities expect the anticipated expenses to likely exceed the average Canadian per capita health services and social services expenses over a period of five successive years following the most recent medical examination required under the provisions specified in paragraph 16 (2) (b) of the Immigration and Refugee Protection Act (IRPA), unless evidence exists that the authorities would incur significant expenses beyond that period, in which case the period is not longer than 10 successive years or,
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A demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of the inability of the authorities to provide timely services to Canadian citizens or permanent residents
Health Services or services de santé: This denotes any health services for which the government typically contributes the majority of funds. This would include the services of:
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Family physicians
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Medical specialists
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Nurses
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Chiropractors and physiotherapists
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Laboratory services and,
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The supply of pharmaceutical or hospital care
Social Services or services sociaux: This refers to any social services comprising:
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Home care
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Specialised residence and residential services
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Special education services
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Social and vocational rehabilitation services
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Personal support services and,
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The provision of devices related to those services:
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That are intended to assist people in functioning physically, emotionally, socially, psychologically or vocationally and,
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For which the majority of the funding, including funding that provides direct or indirect financial support to the assisted individuals, comes from contributions made by the government, either directly or via publicly funded agencies
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The Interpretation of the Common-Law Partner
For the purposes of the Act and these Regulations, the authorities would consider an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, because of persecution or any other form of penal control, as a common-law partner of the person.
Similarly, for the purposes of the Act, the authorities consider a family member, in respect of a person, as:
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The spouse or common-law partner of the person
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A dependent child of the person or of the person’s spouse or common-law partner and,
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A dependent child of a dependent child referred to in the point specified just above this one