What are the implications for other provinces besides Quebec?
• The decision also suggests that existing constraints on the public/private balance, such as limits placed on the number of doctors in Quebec that can be opted-out, and the amounts that they can charge for medical services, remain legitimate. • What other provinces currently prohibit private insurance for medically insured services? • In particular, the decision sheds light on the fact that there is great variability across provinces in terms of how the public/private interface is regulated. Four other provinces currently do not prohibit private parallel health insurance (Saskatchewan, New Brunswick, Nova Scotia, and Newfoundland and Labrador), a fact that the Court has used to cast doubt on the argument that the integrity of the public plan depends on the prohibition against private insurance. • What does the decision mean for the Canada Health Act? • The Canada Health Act (CHA) is not immediately affected by this decision, which the Court characterizes as “only a general framework t
