Bill C-249

1st Session, 40th Parliament,

57 Elizabeth II, 2008

house of commons of canada

BILL C-249

An Act to ensure that appropriate health care services are provided to First Nations children in a timely manner

Whereas Jordan was a First Nations child who was unable to move from a hospital to a family home as a result of a dispute between departments of the Government of Canada as to which department should bear responsibility for the cost of providing health care services to Jordan in his home;

Whereas as a result of this dispute Jordan died in hospital without ever having been able to live in a family home;

Whereas there are frequent disputes among departments of the federal and provincial governments in respect of where the responsibility lies for the payment for health care services provided to a First Nations child whose ordinary residence is on a reserve;

And whereas the Government of Canada wishes to make sure that funding disputes of this nature do not prevent First Nations children from receiving appropriate health care;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the First Nations Children’s Health Protection Act.

INTERPRETATION

2. The following definitions apply in this Act.

“department” means a department of the Government of Canada set out in Schedule I to the Financial Administration Act.

“First Nations child” means a person under the age of 18 years who is registered as an Indian under the Indian Act, or is entitled to be so registered, and includes a legally adopted child and a child adopted in accordance with Indian custom.

“ordinary residence” in respect of a First Nations child means the place in which the child ordinarily resides or would ordinarily reside if not for the fact that the child has had to reside elsewhere in order to receive appropriate medical treatment.

“reserve” has the same meaning as in the Indian Act.

PAYMENT PRINCIPLE

3. Where the Government of Canada has an obligation to pay for health care services that have been provided to a First Nations child whose ordinary residence is on a reserve, payment for those services shall be made within 30 days by the department that is first presented with a claim for payment in respect of those services.

REPORT TO PARLIAMENT

4. Where the department referred to in section 3 fails to make a payment as required by that section, the Minister responsible for that department shall, within 30 days after becoming aware of the failure, cause a report to be laid before both Houses of Parliament detailing the reasons for the failure.

REIMBURSEMENT AND DISPUTE RESOLUTION

5. If the department that makes a payment under section 3 is not the department that would normally be responsible for making that payment, and the responsible department fails to reimburse it within 30 days, the department that made the payment may apply to the person appointed under section 6 for an order providing for the reimbursement of that payment by the responsible department.

6. The Minister of Indian Affairs and Northern Development shall, in accordance with regulations made under section 7, appoint a person to provide dispute resolution services in respect of any disputes that may arise between departments or between a department and a provincial government regarding responsibility for making a payment for health care services provided to a First Nations child whose ordinary residence is on a reserve.

REGULATIONS

7. The Governor in Council shall, within six months after this Act comes into force, make regulations respecting

(a) the appointment of the person referred to in section 6;

(b) the powers that may be exercised by that person, and the circumstances under which they may be exercised, and the procedures to be followed by that person, in providing dispute resolution services; and

(c) any other matters necessary to carry out the purposes and provisions of this Act.