February 25, 2008
Banging Your Head Against the Wall of Government Bureaucracy

Vintage postcard of the Toronto General Hospital (1913) from Mars Discovery District.
Encounters with government bureaucracy can be stressful ordeals at the best of times; at the worst, when things don’t go your way, they can be incredibly frustrating. Apparently, this is true even if you’re a Polaris Music Prize–winning musician. Former Torontoist contributor Carly Beath pointed us toward Owen Pallett recounting his recent travails with the Ministry of Health and Long Term Care on Stillepost. His story is a cautionary tale for bands, musicians, and anyone else who travels frequently.
When renewing his health card, Pallett answered the clerk’s questions openly and honestly only to get burned by it. Although Ontario is his place of residence, his musician’s lifestyle of constant touring and travel to recording studios elsewhere meant Pallett couldn’t satisfy the clerk that he met OHIP’s eligibility requirements, which demand that an applicant to have been "physically present in Ontario for 153 days in any 12-month period." That he couldn't meet the residency requirements seems especially ironic given the degree to which Pallett’s hometown permeates Final Fantasy’s music, with references to the CN Tower, Brad Lamb, and much more.
Pallett describes what happened:
So, she took my health card away. I went back, very distraught, with some friends and a notarized document and my high school yearbooks and my diploma. I brought 12 months of cell phone records and Interac purchases to prove that I had been in Toronto for 'a lot' of the last year, if not a total of five months' worth. Pathetic, perhaps, and it didn't work. I don't have a lease agreement, or own a car, or have any way to prove (legally) that I'm an Ontario resident.The situation that Pallett encountered serves as a warning for other musicians, overseas volunteers, and anyone else who might be affected by the loophole. What recourse do you have if, as an average citizen, you encounter a similar bureaucratic nightmare with the Ministry of Health or any other department?She then told me that I could appeal her decision, but that appeals rarely go through. She sneered as she told me this.
So, if you travel for work, lie, lie, lie.
Whether just a case of an over-zealous bureaucrats proudly snaring alleged "cheaters" or people judiciously enforcing a very strict reading of the regulations, the problem of seemingly eligible citizens cut off from health coverage is pretty common. It’s odd, too, because similar clerks in other provinces have been known to actually assist clients who are clearly eligible in principle––if not by the hair-splitting precision––of the law in filling out forms in such a way to ensure they get the health coverage they are entitled to. There's a world of difference between this and defrauding the government.
The first step is to approach the application/renewal process the right way. It would be a stretch to advocate downright dishonesty when answering a ministry official's questions. But edit. Keep your answers to the point without volunteering peripheral information. Countless people have been denied for technicalities or poorly chosen words. Know the eligibility criteria, and be firm but polite that––despite their interrogating––you do indeed meet them. It’s worth pointing out that whether you’ve declared Ontario as your permanent residence for tax purposes (or even whether you’ve paid the Ontario Health Premium) won't impact your eligibility for OHIP. If your application is turned down, an option that sometimes works (especially with new arrivals from out of province applying for their first OHIP card) is to simply start the application process over again on a new day/at a new OHIP office/with a new clerk at the counter. The experience of your first attempt will guide you towards the "right" answers on this visit.
Once an official makes up their mind that you’re ineligible, no amount of convincing will satisfy them otherwise, as Pallett's attempts show. At this point, discussions are likely to devolve into futile arguing, or even outright accusations that you’re attempting fraud. No amount of logic can defeat bureaucratic hard-headedness. So simply ask them about their appeals process.
Although it seems like service-counter decisions are defended with a circle-the-wagons fervour, make use of whatever appeals process is available. In the case of the MOHLTC, your request for appeal goes to the general manager of OHIP in Kingston. Then, if you remain unsatisfied, you can appeal to the Health Services Appeal and Review Board. Unfortunately, appeals are a time-consuming process and not guaranteed to succeed. So don’t just cross your fingers and hope for the best.
Even as you initiate your appeal, enlist your local MPP’s assistance. It may seem obvious, but as your local representative, part of your MPP’s job is to help citizens navigate their way through the political system, whether it's with a getting a petition to the legislature or with accessing government services. Don’t hesitate to call them up, or stop by their local constituency office. (A current list of addresses is here.) For many politicians, helping constituents with the little things is the entire reason they entered politics in the first place and the most rewarding part of the job. They know the ins-and-outs of government and exactly who to talk to. Even if your MPP isn’t available, the constituency staff is primed to deal with pretty much anything. Finally, if all else fails, you can contact the Minister in charge of whichever department you’re having trouble with. You can even carbon-copy the media on your letter to the Minister for added effect. The above goes for dealing with any perceived unfairness towards you on the part of government bureaucracy, not just the Ministry of Health.


That's a fantastic article. I hope it gets republished widely.
This is really embarrassing. Owen, I'm really sorry to hear about your situation. Obviously, I hope this gets resolved post haste.
However, it does frustrate me that Owen's relative celebrity and network of people that adore him will likely get this resolved promptly; whether it takes a letter campaign or an editorial or three, obviously this isn't going to stick.
Yet, this surely happens to people that do not enjoy cult celebrity status every day, and the blogger community will never hear about it.
I have heard of so many people abusing the system: coming to Ontario for just the "right" amount of time so they can get the "free" healthcare, saying they live here when in fact they reside in Hong Kong or somewhere. I understand Owen Pallet's situation and sympathize with him, but I also want my tax dollars and my health premium to be used efficiently.
This is a difficult one.
I'm going to mention just a few things, staring with:
Universal Healthcare.
Does _anybody_ who's read the article feel reassured that the system works well if it fails such an easy test?
Has Owen Pallett not made us feel better for listening to his musical creations, than any time spent in a Ministry of Health office would?
(My answer is an emphatic 'yes')
Why wouldn't we be alarmed by the notion that Canadians who travel might fail to be protected in their home region by their provincial health coverage?
Anyone who travels is thereby unlikely to abuse a local medical system (which they cannot access while travelling, which is what traveller's health insurance is for).
@leftist: Funny you mentioned that cos I said the exact same thing on the Stillepost posting and no one replied. I'm glad I'm not the only one that thinks that way. I just hope for the sake of the average Joe/Jane that runs into the same predicament they don't get their OHIP denied indefinitely.
I gotta ask, how does someone live in this city more than half of the year and not have a lease or some other kind of proof of residency? Does he live on the street when he's not touring?
My question is: if all Canadians are entitled to health care by their government, and the citizen doesn't spend enough time in the home province but spends most of the remaining year elsewhere in Canada (but not enough to qualify in another province), where is coverage supposed to come from?
I'm going to buck the trend here and on blogTO but I can't help feeling that there is a bit of karma biting Mr Pallett on the bum here. The OHIP clerk may have sneered at him but he did a lot of sneering on "He Poos Clouds"
That said, Marc L's question is a valid one - being elsewhere in Canada is not the same as spending 8 months of the year in Florida. Unfortunately the politicians are most likely to answer the question in the form of "buy Blue Cross".
The last paragraph is key. You have to enlist the help of your MP or MPP depending on the level of government you are dealing with.
We used our MPP to help my wife get her suspended driver's licence reinstated (it was suspended for medical reasons). My mother has utilized her MP to assist her in obtaining a visa for my aunt who lived in Eastern Europe. The staff in most offices are very competent and know the ins and outs of government.
I'm not a fan of Owen's but sneering aside, dowlingm, karma can go fuck itself; the system isn't there to mete out judgement on its citizens.
And aside from the fawning nature of this article (and some of these comments), the point made that the system is also hell-bent in making things difficult for artists is dead on, not just with health care.
In answer to Marc L's question, it should be whichever province you spend the most time in. Unfortunately, provinces try and pawn off their health care responsibilities onto others by enforcing overly-strict interpretations of the rules. It really ought to be tied into where you pay your taxes. But in the absence of reform, if OHIP asks you if you've spent 5 of the last 12 months in Ontario, the trouble-avoiding answer is: "Yes, I have." Nobody is likely to rummage through your past and count the exact days.
It's bizarre that citizens have to fight the government for their basic entitlements. A couple years ago, a Service New Brunswick clerk actually had be fill out my health application because if I put a different date for my arrival in the province, I could receive my health card immediately instead of waiting a few months. It was like the government wanted to help me. When I got to Ontario, dealing with the government became a totally different experience and, like Pallett, I had to enlist my MPP just to get a health card.
It seems to me that the rule is in place to keep people who don't actually live in Ontario from getting OHIP. He doesn't live in Ontario according to their criteria. It's not that unfair.
Maybe the 5 out of 12 months thing should be changed, but I doubt anyone would give a crap if Brad Lamb had this problem.
As far as I'm concerned, every time an MPP/MP has to get involved in administrative stuff, the system has failed and the system failure needs to be addressed in parallel with the case at issue.
For the moment though, that's the only redress citizens have, unless you have deep enough pockets to go through the courts. The system even reinforces it by fast-tracking files politicians query, rather than fixing it for everyone.
@Ben (13) - exactly right. That said, Lamb could probably have gotten the Globe or Post to air his grievance instead. If it was Paul Tracy I'm sure the Star Wheels section could have obliged.
That said, Marc L's question is a valid one - being elsewhere in Canada is not the same as spending 8 months of the year in Florida.
The rules for travel within Canada are a little different than for travel abroad. In the case of Ontario residents travelling within Canada for most of the year for reasons other than academic study, that link says this:
An insured person leaving Ontario to travel or work within Canada can continue to receive Ontario health coverage for up to 12 months or until establishing residency in another Canadian province or territory, whichever is sooner.
If you plan to work or travel within Canada for more than 212 days in any 12-month period, you need to provide the ministry with a written confirmation of your extended absence. You should provide the ministry with the timing and details of your extended absence as soon as you know that you will be away from Ontario.
@ James A: It's really easy to have no proof of residency. Think moving in with someone and their name is already on everything. Think living with roommates and someone else's name is on the lease, phone bill, electricity bill, etc. I have this problem all the time because I don't have a driver's licence and moved in with someone. It's like I don't even exist - they won't even give me my packages at the post office because I can't prove where I live, and I always have to kick up a stink.
By the way, this feels like a good time to mention that there are lots of clinics in the city where you can get health care without a health card, designed for new Canadians who don't (yet) qualify and those interested in anonymity.