Emergency Care in Ontario

Source: Canada Health Act, sections 7-12; Quebec Charter of Human Rights and Freedoms, s. 2

Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Canadian Federal Law

What is this right?

Emergency departments in Canada assess and treat patients based on medical urgency, not your ability to pay or insurance status. Hospitals use the Canadian Triage and Acuity Scale (CTAS), which ranks patients from Level 1 (resuscitation) to Level 5 (non-urgent).

Even if you are uninsured, you will receive emergency treatment. Billing is handled after the fact.

In Quebec, there is a legislated duty to rescue — people are legally required to help someone whose life is in danger. Across Canada, professional codes of ethics prohibit abandoning patients.

A hospital may transfer you to a better-equipped facility if your condition requires specialized care.

When does it apply?

  • Everyone who presents at a hospital emergency department, regardless of citizenship, residency, insurance, or ability to pay.

What to Do If a Canadian Hospital Refuses Emergency Treatment

  • Go to the nearest ER or call 911 for life-threatening situations.
  • Bring your health card if possible, but don't delay seeking care if you don't have it.
  • Be honest about your symptoms so the triage nurse can accurately assess your condition.
  • Tell the triage nurse if your condition worsens while you are waiting to be seen.
  • If you are uninsured, discuss billing options after you receive treatment — don't let cost stop you from getting emergency care.

What should you NOT do?

  • Don't avoid the ER because you don't have a health card — you will still be treated.
  • Don't leave without being seen if you have a serious condition, even if the wait is long.
  • Don't use the ER for non-urgent care — walk-in clinics and family doctors are better options for minor issues.
  • Don't argue with triage staff about wait times — patients are seen based on medical urgency, not order of arrival.
Ontario Law
ON

How Ontario differs from federal law

Ontario hospitals cannot turn away patients who need emergency care, regardless of ability to pay or insurance status. This is a core principle of Ontario's healthcare system.

  • Ontario's Public Hospitals Act, R.S.O. 1990, c. P.40 requires hospitals to provide emergency care. Emergency departments must assess and treat all patients based on medical need.
  • Triage is used to prioritize patients. The Canadian Triage and Acuity Scale (CTAS) is the standard used in Ontario emergency departments — you are seen based on the severity of your condition, not the order of arrival.
  • If you have OHIP, emergency hospital care is covered at no cost to you. If you do not have OHIP (e.g., during the 3-month waiting period or as an undocumented person), you will still receive emergency treatment but may be billed afterward.
  • Ambulance services in Ontario are managed by municipalities and the province. If you call 911 for an ambulance, there is a $45 co-payment for OHIP-covered patients (or $240 if the ambulance was deemed medically unnecessary). Patients on Ontario Works or ODSP may be exempt.
  • Ontario's Patient Ombudsman can investigate complaints about emergency care at public hospitals.

Additional Steps in Ontario

Call 911 for life-threatening emergencies. For non-urgent medical advice, call Health811 (formerly Telehealth Ontario) — a free, 24/7 service staffed by registered nurses who can advise you on whether to go to the ER, a walk-in clinic, or see your family doctor. If you have a complaint about your emergency care, contact the hospital's patient relations department first, then the Patient Ombudsman at patientombudsman.ca.

Relevant Law: Public Hospitals Act, R.S.O. 1990, c. P.40; Ambulance Act, R.S.O. 1990, c. A.19; Excellent Care for All Act, 2010, S.O. 2010, c. 14

Common Questions

When does emergency care apply?

Everyone who presents at a hospital emergency department, regardless of citizenship, residency, insurance, or ability to pay.

What should I do if a hospital in Canada refuses to treat me in an emergency because I have no insurance?

Go to the nearest ER or call 911 for life-threatening situations.Bring your health card if possible, but don't delay seeking care if you don't have it.Be honest about your symptoms so the triage nurse can accurately assess your condition.Tell the triage nurse if your condition worsens while you are waiting to be seen.If you are uninsured, discuss billing options after you receive treatment — don't let cost stop you from getting emergency care.

What mistakes should I avoid with emergency care?

Don't avoid the ER because you don't have a health card — you will still be treated.Don't leave without being seen if you have a serious condition, even if the wait is long.Don't use the ER for non-urgent care — walk-in clinics and family doctors are better options for minor issues.Don't argue with triage staff about wait times — patients are seen based on medical urgency, not order of arrival.

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