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The Appellant was granted two closed Ontario Work Permits by Citizenship and Immigration Canada (CIC) in order to work in Ontario on a temporary basis. During the course of his work, the Appellant was injured and could not continue to work. He filed a claim with the Workplace Safety and Insurance Board and was granted benefits for his injury. On December 27th, 2009, the Appellant’s work permit expired. Because the Appellant was no longer able to work, CIC granted him a visitor record rather than a work permit. The Appellant needed further medical care due to his workplace injury; he therefore requested a renewal of his health card. On March 18, 2010, Respondent denied OHIP coverage to the Appellant because “a visitor record is not an OHIP eligible citizenship/immigration status document.”

Section 11(1) of the Health Insurance Act (the Act) states that “every person who is a resident of Ontario is entitled to become an insured person upon application therefore to the General Manager in accordance with [the act] and its Regulations.” The issue on appeal was whether the Appellant was a “resident” as defined under the Act when he was under a visitor record and unable to work.

This is an appeal of a decision of the General Manager of the Ontario Health Insurance Plan (OHIP) denying eligibility for OHIP coverage for the Appellant.

Outcome: The Appellant does not meet the definition of “resident” in Regulation 552 and, as a result, is not eligible for insurance coverage under OHIP. The appeal is denied