A discontinued provincial travel health insurance program that covers emergency medical expenses outside of Canada has been reinstated, thanks to an Ontario Superior Court decision.

On January 01, 2020, the Ontario government pushed forward with its plans to scrap the Ontario Health Insurance Plan’s (OHIP) Out-of-Country Travellers Program (OOCTP) – a program which reimbursed Ontario citizens for medical emergencies outside of the country. Under the program Ontarians may be reimbursed from $200 to $400 per day for emergency inpatient services and up to $50 per day for emergency outpatient services.

In its decision to cancel the program, the government reasoned that the OOCTP had cost the province $2.8 million annually, and that it became unfeasible to pay about $9 million in claims each year.

Read more: Ontario’s cancellation of out-of-country coverage leads to travel insurance premiums surge

However, the Canadian Snowbird Association (CSA) challenged the government’s decision in court, accusing the OOCTP’s cancellation of being an “egregious violation” of the Canada Health Act.

In a recent decision, the Ontario Divisional Court ultimately ruled that the province’s Lieutenant Governor in Council does not have the legal authority to enact regulations which would revoke the OOCTP.

“The Canadian Snowbird Association is pleased with the court’s decision,” said CSA president Karen Huestis in a statement, who added that the ruling “affirms the right of Ontario residents to out-of-country emergency insurance coverage” under the Canada Health Act.