# 2020-143 Medical and Dental Care, In vitro fertilization

Case summary

F&R Date: 2021-01-21

The grievor commenced in vitro fertilization (IVF) treatment and paid for a number of associated medications. She argued that the Spectrum of Care (SoC) was unreasonable since it does not provide reimbursement of the medications required for IVF. The Initial Authority determined that the grievor was treated in accordance with the SoC and the denial of funding of medications was reasonable and justified.

The Committee determined that the refusal to reimburse the costs of medications related to IVF was compliant with the policy. The Committee also noted that no province or territory in Canada offers infertility treatment coverage as a funded medical service. The Committee found that the SoC is reasonable in its infertility coverage, including the non-funding of associated medications, because it compares favourably with general coverage provided across Canada.

FA decision summary

The Acting Chief of the Defence Staff (CDS) agreed with the Committee's recommendation not to afford the grievor redress. Both the SoC and the Canadian Forces General Message are explicit in that medications related to IVF are not covered by the Canadian Armed Forces (CAF). This is in line with how the provinces generally fund IVF medications. The Acting CDS, based on the Committee's analysis, also found that the SoC does not unfairly disadvantage female CAF members. The grievor's comparison of medical coverage afforded to CAF members under the SoC is not comparable to that which is provided for those insured under the Public Service Health Care Plan (PSHCP). The health care and benefits available to CAF members under the SoC is provided at public expense. Conversely, the PSHCP is an optional private supplementary medical plan for the families of CAF members. The benefits are paid for by CAF members through pay deductions, however, CAF members are not entitled to access those benefits themselves.