Judge finds B.C. policy requiring foreign-trained doctors to work in rural areas is illegal

A British Columbia Supreme Court judge has found that provincial rules requiring foreign-trained Canadian doctors to work in rural areas of B.C. are illegal.

Justice Matthew Kirchner said in a Sept. 11 judicial review that B.C.’s health ministry did not have legal authority to force international medical graduates to work in a particular area for up to three years following their residency.

The challenge was brought by the Society for Canadians Studying Medicine Abroad and two Canadians who studied medicine abroad and returned home to B.C.

Under the policy, international medical graduates who secure a residency position in B.C. must sign a “return of service” agreement committing them to work for two or three years in an underserviced area of the province, as directed by the health ministry.

The agreements include financial penalties for breaches. The ruling cited two 2017 cases in which penalties reached more than $480,000 for a family doctor and nearly $900,000 for a psychiatrist.

Justice Kirchner noted that because competition for residency positions is particularly intense for international graduates, they often have no real option but to accept a position with return-of-service obligations.

“The regulatory nature of this obligation is not shielded under the guise of ordinary contractual dealings because the state is purporting to use a contractual power in a coercive way against a segment of society who is given no real choice but to comply,” said Kirchner in the ruling.

He said the return-of-service obligation impacts graduates’ ability to decide where to live free from government interference.

However, Kirchner said because the issue was not raised as a direct constitutional challenge, he was unable to rule on whether the policy violated principles of fundamental justice.

He referred the matter to Health Minister Ravi Kahlon to assess the return of service obligations.

Kirchner acknowledged his ruling could impact physician availability in rural and remote areas of B.C., and allowed 60 days before it takes effect.

Kahlon said on Tuesday his ministry is reviewing the ruling and considering options to maintain the policy, including possible legislation.

He stressed the province is not considering doing away with the policy.

“This program is critically important for us to be able to continue to attract healthcare workers in rural communities,” said Kahlon.

Emily Joveski
Emily Joveski
Emily Joveski is the provincial news reporter for Vista Radio, based in Victoria B.C. She has worked in radio for more than a decade, and was previously on the airwaves as a broadcaster for The Canadian Press in Toronto. When she's not at her desk, she might be found exploring Vancouver Island or loitering in a local book store.

Continue Reading

cjat Now playing play

ckqr Now playing play

- Advertisement -

Related Articles

- Advertisement -

Latest News

Q&A with outgoing RDKB chair Grace McGregor

Grace McGregor is retiring after nearly 21 consecutive years as regional director for Christina Lake. We spoke to her a day after she chaired her final Regional District of Kootenay Boundary meeting.

FortisBC urges preparation for power outages

The company that provides electricity to much of the West Kootenay had 479 outages in 2025.

De Havilland Canada reaches $2.5B financing deal to double waterbomber production

De Havilland Canada has reached an agreement with the federal government and Export Development Canada (EDC) for up to $2.5 billion in financing to double production capacity for its Canadair 515 waterbombers.

Doctors, advocates fear end of safer supply under new B.C. Conservative government

Harm-reduction advocates say they are bracing for a possible increase in overdose deaths and more stress on the health-care system if the incoming B.C. Conservative government follows through on its pledge to end safer supply in the province.

Ottawa designates Roberts Bank Terminal 2 expansion a project of national interest

The federal government has listed the Roberts Bank Terminal 2 expansion at the Port of Vancouver as a project of national interest.
- Advertisement -