Remission Order in respect of Canadian Dental Care Plan Eligibility Issues: SI/2025-103
Canada Gazette, Part II, Volume 159, Number 22
Registration
SI/2025-103 October 22, 2025
FINANCIAL ADMINISTRATION ACT
P.C. 2025-714 October 10, 2025
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)footnote a of the Financial Administration Act footnote b.
Remission Order in respect of Canadian Dental Care Plan Eligibility Issues
Definitions
1 The following definitions apply in this Order.
- 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)
- Plan
- means the Canadian Dental Care Plan. (Régime)
Remission — incorrect calculation of adjusted family net income
2 (1) Subject to subsections (2) and (3), remission of the amount determined under subsection (4) is granted to any person who
- (a) applied for coverage prior to September 5, 2025 and was determined to be eligible for any of the following coverage periods:
- (i) a period beginning on May 1, 2024 and ending on or before June 30, 2025, or
- (ii) a period beginning on or after June 1, 2025 and ending on June 30, 2026;
- (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;
- (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
- (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.
In-progress dental care services
(2) 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.
Incorrect attestation — dental insurance
(3) 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).
Amount remitted
(4) 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.
Remission — application prior to May 1, 2024
3 (1) Remission of the amount determined under subsection (2) is granted to any person who
- (a) applied for coverage before May 1, 2024;
- (b) was determined to be eligible for coverage and received dental care services;
- (c) was subsequently found to be ineligible for coverage due to their access to dental insurance; and
- (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.
Amount remitted
(2) 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.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
This Order in Council approves the Remission Order in respect of Canadian Dental Care Plan Eligibility Issues (the Remission Order) pursuant to subsection 23(2.1) of the Financial Administration Act. This provision allows for remission where, on the recommendation of the Treasury Board and the Minister of Health, the Governor General in Council considers that the collection of certain amounts would be unreasonable.
The Remission Order will remit costs equivalent to payments made to oral health providers by the Canadian Dental Care Plan (CDCP) for oral health services that were received by certain individuals who were ineligible due to
- (1) an adjusted family net income calculation error, resulting in incorrect CDCP eligibility and co-payment determinations for some individuals;
- (2) potentially unclear communications about eligibility criteria when the initial cohorts of seniors (aged 70 and above) applied to the CDCP prior to May 1, 2024, resulting in ineligible individuals gaining coverage.
Objective
The objective of this Remission Order is to limit the financial hardship on Canadian residents by remitting debts to the Crown of individuals who experienced system errors made by the Government and/or unclear communication and received or paid less for services under the CDCP that they cannot return and for which they were not paid.
Background
The first CDCP eligibility issue is related to the calculation of adjusted family net income (AFNI). A programming error was identified with the calculation of AFNI, which is used to determine eligibility for the CDCP given that the CDCP is only available to individuals whose income is below $90,000 annually. Co-payment tiers, which determine the portion of dental costs paid directly by members, are also AFNI-dependent.
The error has been corrected and the eligibility assessment process has returned to normal operation.
The second CDCP eligibility issue is related to debt treatment of individuals deemed ineligible who applied prior to May 1, 2024. To be eligible for the CDCP, one of the key criteria is not having access to dental insurance or coverage. Applicants are required to accurately attest that they do not have access to any dental insurance at the time of application.
Seniors aged 70 and above were able to apply to the CDCP before May 1, 2024, by phone, when the CDCP was new and as explanations about CDCP eligibility criteria were being clarified. Explanations about CDCP eligibility criteria were clarified by May 1, 2024, when online applications were opened.
Implications
Individuals who were impacted by the two eligibility issues will have their debt remitted, i.e. they will not be required to repay the amounts incorrectly covered by the CDCP. These individuals will receive letters confirming this remission.
The standard funds recovery process will apply to any future instances where individuals are found to be ineligible for CDCP services received.
The cost estimate of the Remission Order represents an amount of up to $29 million. This estimate is based on an analysis of member eligibility files and CDCP claims information.
Consultation
Since the Remission Order is focused on correcting an internal system error, no consultations were undertaken. The Canada Revenue Agency, Health Canada, and Employment and Social Development Canada / Service Canada worked jointly to resolve the issues.
Contact
Lindy VanAmburg
Director General
Policy and Engagement Directorate
Oral Health Branch
Health Canada
Email: OHBPPDGO-BDGPPDGSB@hc-sc.gc.ca