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Provision

Her Excellency the Governor General in Council, considering that the collection of certain amounts is unreasonable, on the recommendation of the Treasury Board and the Minister of Health makes the annexed Remission Order in respect of Canadian Dental Care Plan Eligibility Issues under subsection 23(2.1) a of the Financial Administration Act b. S.C. 1991, c. 24, s. 7(2) R.S., c. F-11

s. 1 — Definitions

The following definitions apply in this Order.

s. 1, definition “coverage”

coverage means coverage for dental care services provided to an eligible person under the Plan for which dental care professionals are paid directly under the Plan. (couverture)

s. 1, definition “plan”

Plan means the Canadian Dental Care Plan. (Régime)

s. 2 — Remission — incorrect calculation of adjusted family net income

s. 2(1)

Subject to subsections (2) and (3), remission of the amount determined under subsection (4) is granted to any person who

s. 2(1)(a)

applied for coverage prior to September 5, 2025 and was determined to be eligible for any of the following coverage periods:

s. 2(1)(a)(i)

a period beginning on May 1, 2024 and ending on or before June 30, 2025, or

s. 2(1)(a)(ii)

a period beginning on or after June 1, 2025 and ending on June 30, 2026;

s. 2(1)(b)

was erroneously determined to be eligible for coverage or was the subject of an inaccurate co-payment determination as a result of the incorrect calculation of their adjusted family net income;

s. 2(1)(c)

received or is receiving, during a period referred to in subparagraph (1)(a)(i) or (ii), dental care services for which, under the Plan, an amount should not have been paid or should not be paid, or a lower amount should have been paid or should be paid; and

s. 2(1)(d)

but for this Order, would be required to repay the amount that was paid under the Plan to dental care professionals for the dental care services that the person received.

s. 2(2) — In-progress dental care services

Remission is granted under subsection (1) in respect of dental care services that are completed after the end of the person’s coverage only if the person began to receive those services before the end of their coverage and it was approved under the Plan that those services would be completed after the end of their coverage.

s. 2(3) — Incorrect attestation — dental insurance

Any person who incorrectly attested in their application that they did not have access to dental insurance on or after May 1, 2024 is excluded from the application of subsections (1) and (2).

s. 2(4) — Amount remitted

The amount to be remitted is the amount that was paid under the Plan to dental care professionals for the dental care services that the person received.

s. 3 — Remission — application prior to May 1, 2024

s. 3(1)

Remission of the amount determined under subsection (2) is granted to any person who

s. 3(1)(a)

applied for coverage before May 1, 2024;

s. 3(1)(b)

was determined to be eligible for coverage and received dental care services;

s. 3(1)(c)

was subsequently found to be ineligible for coverage due to their access to dental insurance; and

s. 3(1)(d)

but for this Order, would be required to repay the amount that was paid under the Plan to dental care professionals for the dental care services that the person received.

s. 3(2) — Amount remitted

The amount to be remitted is the amount that was paid under the Plan to dental care professionals for the dental care services that the person received while they were ineligible for coverage.