However, recently the federal government passed legislation which permits provincial
governments to allow for a period of residence requirement, unless the person is a Canadian
citizen, permanent resident, has a temporary resident permit, or is a “protected person” under the
IRPA.342 At the time of writing, no province has yet implemented a residency requirement on
foreign nationals in order to be eligible for welfare and disability assistance.
b. Alberta Legal Framework
Alberta Health Care Insurance Plan
In Alberta, stateless persons are not specifically eligible to register for the taxpayer funded
Alberta Health Care Insurance Plan (“AHCIP”). In order to be eligible for the public healthcare
coverage, the Alberta Health Care Insurance Act requires the person to be a “resident” of
Alberta and committed to being physically present in Alberta for at least 183 days in a 12-month
period.343 A “resident” or “resident of Alberta” is a person lawfully entitled to be or to remain in
Canada, who makes the person’s home and is ordinarily present in Alberta and any other person
deemed by the regulations to be a resident, but does not include a tourist, transient or visitor to
Alberta.344
Persons can also be “deemed resident” of Alberta for the purposes of obtaining AHCIP benefits.
This includes persons whose ordinary place of residence is outside Canada, have been lawfully
admitted to Canada, have established residence in Alberta, intend to remain in Alberta for 12 or
more consecutive months and are in Alberta under a work assignment, contract or arrangement
or are a person who is in full-time attendance as a student at an accredited educational institute in
Alberta.345 Those lawfully admitted to Canada for work or study will require a valid work or
study permit.346 However, work permits must be for a minimum of 6 months and the Alberta
Health website notes that not all Alberta work, study, or visitor permits qualify the permit holder
for health care insurance coverage in Alberta.347 In order to register for healthcare coverage under
the AHCIP, the person will also have to provide supporting documentation concerning their
status and identity. Therefore, Alberta Health recommends that those who are physically present
in Canada, but not eligible for AHCIP coverage, should obtain private health insurance.348
Alberta Welfare & Disability Assistance
In cases where an individual is unable to meet their basic needs due to low-income and
Federal-Provincial Fiscal Arrangements Act, RSC 1985, c F-8, at s. 25.1, available at: http://canlii.ca/t/52d91
(accessed 10 April 2015).
343
Alberta Health Care Insurance Act, RSA 2000, c A-20, at s. 4(1), available at: http://canlii.ca/t/527k7 [Alberta
Health Care Insurance Act]; and Alberta Health, “Are you eligible for AHCIP? Registration requirements” (2015),
available at: http://www.health.alberta.ca/AHCIP/registration-requirements.html [Eligibility for AHCIP]
344
Alberta Health Care Insurance Act, ibid., at s. 1(x).
345
Alberta Health Care Insurance Regulation, Alta Reg 76/2006, at s. 5, available at: http://canlii.ca/t/51x4j.
346
Alberta Health “Temporary residents and AHCIP” (2015), available at:
http://www.health.alberta.ca/AHCIP/temporary-residents.html [Temporary residents and AHCIP]
347
Ibid.
348
Ibid.
342
73
73
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