Canada

There is some evidence of official restrictions on entry to Canada based on HIV status.

According to UNAIDS and the US Department of State, Canada does not have any HIV-related restrictions on entry.

While there is no explicit ban on entry to Canada for people living with HIV, the Immigration and Refugee Protection Act 2001, section 38(1)(c) maintains a system in which non-nationals can be deemed inadmissible to enter if they have a health condition which ‘might reasonably be expected to cause excessive demand on health or social services.’ There are exceptions to this medical inadmissibility rule, which include family members and refugees.

The ‘demand’ is based on an estimate of costs based on a medical exam, which includes HIV testing for people over 15. However, examination is not routinely conducted on those entering Canada unless they meet certain requirements, outlined below.

The ‘excessive demand’ threshold is met when estimated costs are more than triple the costs of services for the average Canadian, and as of 2024 is set at $131,100 over five years (or $26,220 per year). While many publicly funded HIV medications fall below this threshold, some exceed it, especially when coupled with treatment for other HIV-related illnesses. Therefore, it is possible, though unlikely, that someone living with HIV could be denied entry due to their HIV status.

The HIV Legal Network provides a guidance note outlining further information on these rules and other information relevant to travelling and migrating to Canada when living with HIV.

There is some evidence of official restrictions on short-term stay in Canada based on HIV status.

According to UNAIDS and the US Department of State, Canada does not have any HIV-related restrictions on short-term stay.

As outlined above, medical inadmissibility may apply to those living with HIV when entering Canada on a short-term basis. Specifically, medical exams are required for short-term stays where those entering Canada are ‘obviously ill’ or planning to work in occupations bringing them into close contact with people, as well as agricultural workers who visited certain countries in the past year. In these instances, the medical exam will trigger a calculation of anticipated medical costs, however, it is unlikely to lead to a finding of ‘excessive demand’ as short-term visitors are usually not eligible for publicly funded services. The exception is someone who is so ill that they might require hospitalisation.

Further information is outlined in the HIV Legal Network’s guidance note.

There is some evidence of official restrictions on long-term stay in Canada based on HIV status.

According to UNAIDS and the US Department of State, Canada does not have any HIV-related restrictions on long-term stay.

As above, those entering Canada for a temporary stay over six months are required to undergo a medical exam in certain circumstances, including working in designated professions, due to previous travel, or personal circumstances. Where a temporary resident is or may become eligible for public funds, their estimated costs will become relevant, and someone living with HIV who is anticipated to cause ‘excessive demand’ will not be permitted to stay in Canada.

Everyone applying to be a permanent resident must also undertake a medical exam, except in limited circumstances including refugees and family members.

Further information is outlined in the HIV Legal Network’s guidance note.

Document Checklist: Application for a Permanent Resident Card or Permanent Resident Travel Document does not include any documents that make reference to HIV or the general health of the applicant.

However, ‘if you’re applying to become a temporary resident of Canada, you must have a medical exam if you: want to come to Canada for more than 6 months and have lived or travelled for 6 months in certain countries or territories in the year before you come to Canada.’ Find out if you need a medical exam. In any case, the medical exam does not seem to include HIV or blood tests, but it does include a tuberculosis exam.

In November 2024, the policy around granting long-term visas was changed. Whereas those granted visas to Canada previously automatically received a ten-year multiple entry visa, immigration officials have now been given more discretion in determining visa conditions based on needs and circumstance. These considerations are stated to include health conditions. It is not yet clear if this may result in people living with HIV receiving restricted access to visas in Canada.

In 2002, mandatory HIV tests were introduced for all non-nationals who wanted to stay in Canada for more than six months. Stays were not approved for the majority of HIV-positive non-nationals.

In June 2005, effective changes to visitor visa process were made affecting entry into Canada for people living with HIV:

• Canada would NOT require people applying for a visa to enter Canada as a short-term visitor to disclose known HIV infection on the visa application form.
• Canada would NOT routinely impose mandatory HIV testing on short-term visitors, nor does it categorically bar visitors based on their HIV-positive status.
• HIV-positive status would NOT prevent a person from visiting Canada, but for the rare and exceptional circumstance where the person’s health condition is such that they are assessed as likely to require health and social services, during their stay in Canada, that will create an excessive demand on Canada’s public system (e.g., hospitalisation). This is the same standard applicable to all persons.

In 2006, in advance of the World AIDS Conference in Toronto, the effective lobbying work of Canadian activists was able to change restrictions for short-term stays. In the future, Canada would not require the disclosure of HIV infections for short-term stays.

In 2018, tripling of the cost threshold representing an ‘excessive demand’ for migration purposes made it easier for people living with HIV to migrate to Canada. This is because the cost of many publicly funded HIV medications falls below the revised threshold. 

On that occasion, the HIV Legal Network (formerly the Canadian HIV/AIDS Legal Network) and the HIV & AIDS Legal Clinic Ontario (HALCO) produced the a joint statement welcoming the change, but calling for full repeal of the discriminatory excessive demand regime. It outlined the reasons full repeal was needed in a joint submission to the Standing Committee on Citizenship and Immigration (November 15, 2017).

In July 2023, Canada put an end to the policy that forced immigration applicants and refugees to disclose HIV status to sponsors. 

The following summarises available information on access to healthcare for people living with HIV in Canada. There is no evidence that non-nationals are restricted from accessing treatment in the same way as nationals.

According to IOM, permanent residents in Canada have the same access to public healthcare as Canadian citizens. Healthcare coverage for temporary residents depends on their legal status and length of stay and varies across provinces and territories. The Interim Federal Health Program provides limited, temporary coverage of healthcare benefits to protected persons, resettled refugees, asylum seekers and other eligible groups in Canada until they become eligible for provincial or territorial health insurance. Generally, asylum seekers are also entitled to social assistance, education, emergency housing and legal aid while a decision is pending on their claim. 

All permanent and temporary residents in Canada are protected under Canadian human rights law, including the Charter of Rights and Freedoms, and are further subject to applicable federal and provincial/territorial labour laws and employment standard protections. With respect to temporary residents in particular, study and work permits include some restrictions on employment, while some labour and health benefits vary according to provincial laws given provincial governments’ jurisdiction in these areas.

Detailed information on how to access healthcare, with relevant links, is available here.

• UNAIDS
• US Department of State
• Immigration and Refugee Protection Act 2001
• HIV Legal Network, guidance note
• HIV Legal Network, ‘immigration and travel’
• Government of Canada official website
• HIV Legal Network, HoC submission
• International Organization for Migration
• Canada Visa website

Migrant populations

Refugees and asylum seekers