ORDER P-1137
Appeal P‑9500126
Ministry of Health
BACKGROUND:
At their conference on June 21 and 22, 1993, the Deputy Ministers of Health for the provinces and territories of Canada (excepting Nova Scotia) decided to explore options for a joint provincial/territorial approach to the question of financial assistance to persons infected with Human Immunodeficiency Virus (HIV) via the blood system. The Deputy Ministers considered that a common approach to financial assistance was desirable for two reasons:
(1) the blood system which was at the centre of the HIV infection situation was a national system, funded cooperatively by all provinces/territories in accordance with their populations - all jurisdictions were affected; and
(2) because HIV infection via the blood system was an issue which was national in scope, it was determined that there should be a maximum of consistency and fairness across Canada in terms of eligibility for financial assistance and in terms of assistance package benefits and associated terms and conditions.
A steering committee of Deputy Ministers, under the leadership of the Deputy Minister from Alberta, was created to put together a basic financial assistance package acceptable to all participating provinces and territories. The Deputy Ministers from Ontario, Saskatchewan, Newfoundland, New Brunswick and British Columbia comprised the remainder of the Steering Committee.
The financial package was called the Multi-Provincial and Territorial Assistance Plan (the MPTAP). Many interested parties, including insurers for the governments, as well as insurers for hospitals, physicians, manufacturers of blood products (the fractionators) and the Red Cross joined in funding the compensation package. The Canadian Blood Agency was to act as administrator of the MPTAP and of the fund.
A Co-ordinating Committee was established to advise and support the work of the Steering Committee. Its primary role was to negotiate and secure financial contributions for the financial package from insurers and fractionators. It was chaired by a representative from Alberta Health and consisted of representatives from British Columbia and New Brunswick. The negotiator and counsel retained by the provinces and territories was a member of this committee.
As part of its commitment to assist in developing the MPTAP, the province of Saskatchewan provided personnel to provide and co-ordinate legal advice and services.
A basic package was developed jointly by provincial/territorial health ministry officials during the course of the summer, with each jurisdiction approaching its government to secure approval and funding authority. An initial set of options was discussed with stakeholder groups in August, 1993 and a revised financial assistance package was announced publicly by the provincial/territorial Health Ministers on September 15, 1993.
The public announcement included information about the benefits applicants were to receive and the total cost of the package. The three key elements of the package were benefits to those directly affected, benefits to survivors and a waiver that precluded legal action against the provinces, territories, Canadian Red Cross, fractionators and insurers. The public announcement did not include a breakdown of the contributions made by each province, territory, insurer or fractionator. A deadline of March 15, 1994 was set for acceptance of the package.
Further development and enrichment of the basic package occurred subsequently after additional negotiations conducted between the provinces, territories and insurance companies and