New legal opinion: Alberta’s Bill 11 regulations fail to fix two-tier health care scheme
Ottawa – The Canadian Health Coalition (CHC) today released a new legal opinion from Goldblatt Partners LLP concluding that Alberta’s proposed regulations under Bill 11 do nothing to bring the legislation into compliance with the Canada Health Act (CHA).
The opinion, prepared by lawyer Emma Phillips, finds that the only regulation currently in force addresses physician record-keeping — not the underlying practice of extra-billing. Even if Alberta’s other announced “safeguards” are eventually enacted, the opinion concludes they cannot cure Bill 11’s fundamental violation of the CHA’s core principles of universality, accessibility, and comprehensiveness.
“These regulations do not bring Bill 11 into compliance with the Canada Health Act,” said Phillips.
Canadian Health Coalition Chair Jason MacLean called on the federal government to act immediately, stating: “Our legal opinion of the Bill itself is that it is a clear violation of the Canada Health Act and the worst attack on public universal health care we have seen since the passage of the Canada Health Act in 1984.”
MacLean outlined two demands for Prime Minister Carney and Minister Michel:
- Notify Alberta that Ottawa intends to make mandatory, dollar-for-dollar deductions from health transfers under sections 18–20 of the CHA for extra-billing.
- Open formal consultations under section 14 of the CHA over Bill 11’s failure to meet the Act’s requirements.
Alberta’s dual-practice system is set to roll out September 1, ahead of an October 19 referendum on the province’s future in Canada.
