Court rules Ford government decision to end out-of-country travel insurance invalid

The Canadian Snowbird Association is applauding an Ontario Divisional Court ruling which found the Ford government did not have the authority to end OHIP’s Out-of-Country Travellers Program.

Health Minister Christine Elliott announced last May that the government planned to eliminate basic out-of-country travel insurance as part of efforts to address the province’s $11.7 billion deficit, saying the program was very costly and did not provide value to taxpayers. The announcement followed a six-day public consultation.

The insurance covers out-of-country inpatient services to a maximum of $400 per day for a higher level of care, and up to $50 per day for emergency outpatient services and doctor services.

The province claims it spent $2.8 million to administer approximately $9 million in claim payments through the program every year.

The Canadian Snowbird Association said the move would not only impact the snowbird community who travel south during the winter months, but also cross-border shoppers and anyone planning a family vacation.

They launched a judicial review of the changes in January, saying the government’s move violated the Canada Health Act.

On September 23, the Divisional Court unanimously ruled that the Lieutenant Governor in Council does not have the legal authority to enact regulations which would revoke OHIP’s Out-of-Country Travellers Program.

“The Canadian Snowbird Association is pleased with the Court’s decision,” said Canadian Snowbird Association president Karen Huestis in a statement released Thursday. “The ruling affirms the right of Ontario residents to out-of-country emergency insurance coverage, as required by the Canada Health Act (CHA).”

There is no word yet if the Ford government will appeal the decision, however, the CSA says it remains hopeful they will respect the Court’s decision.

NDP Health Care critic France Gélinas called the court’s decision “heartening.”

“This is another example of Doug Ford trying to bring harmful cuts to health care,” Gélinas said in a statement. “Before the pandemic, Ford had put cuts to Ontario public health, local ambulance services, OHIP and long-term care on the table. Ontarians are rightfully worried that he will go right back to cutting health care immediately after the pandemic.”

This marks the sixth time a court has struck down a Ford government measure.

Files from The Canadian Press were used in this story