in Reference Re Canada Assistance Plan (B.C.), [1991] 2 S.C.R. 525, at p. 567.) The purpose of
the Act is set out in ss. 3 and 4 as follows:
3. It is hereby declared that the primary objective of Canadian health care policy is to protect,
promote and restore the physical and mental well-being of residents of Canada and to facilitate
reasonable access to health services without financial or other barriers.
4. The purpose of this Act is to establish criteria and conditions in respect of insured health
services and extended health care services provided under provincial law that must be met
before a full cash contribution may be made.
26 Sections 5 and 7 require the federal government to contribute to provincial insurance
schemes where certain conditions are met:
5. Subject to this Act, as part of the Canada Health and Social Transfer, a full cash
contribution is payable by Canada to each province for each fiscal year.
7. In order that a province may qualify for a full cash contribution referred to in section 5 for a
fiscal year, the health care insurance plan of the province must, throughout the fiscal year, satisfy
the criteria described in sections 8 to 12 respecting the following matters:
(a) public administration;
(b) comprehensiveness;
(c) universality;
(d) portability; and
(e) accessibility.
The condition of "comprehensiveness" is of particular importance to this appeal. Its meaning is
delineated in s. 9:
9. In order to satisfy the criterion respecting comprehensiveness, the health care insurance
plan of a province must insure all insured health services provided by hospitals, medical
practitioners or dentists, and where the law of the province so permits, similar or additional
services rendered by other health care practitioners. [Emphasis added.]
The phrase "insured health services" is defined in s. 2 of the Act to mean, inter alia, "hospital
services" and "physician services" provided to insured persons. "Hospital services" are further
described as including a number of specific services such as accommodation, nursing services
and access to diagnostic and treatment facilities, so long as such services are "medically
necessary for the purpose of maintaining health, preventing disease or diagnosing or treating an
injury, illness or disability". The definition of "physician services" does not list any specific benefits.