Cutting the Residency (Ontario) ties.

[Seymore]

Originally Posted by Darb

I've followed the Forum for a while but haven't seen any discussions related to such shorebound matters as to how to best manage government (or other?) Health Plan coverage eligibility, or other 'residency issues' that may arise for someone planning a longer, out-of-country cruise. I'm from Ontario Canada and Provincial Health Plan eligibility is one thing that I need to consider. I'd love to hear from anyone that has already navigated their way through these waters?

There's a lot of posting about taxes and Health Plan eligibility, but it's all based on the concept of extended residency in a fixed residence outside Canada, like a residency in a Florida condominium that you own.

Consider this, you're not living outside of Canada when you're living on a Canadian registered boat. Your federally registered vessel is a sovereign part of Canada, wherever it is.

Admiralty law, the Canadian Maritime Act(??) and the UN Common Law of the Sea(??) apply. I think the CMA, or one of them, says clearly that sailors on Canadian registered vessels, for example on a ship home ported in Ontario, keep their citizens' privileges just as if they were living on land in Ontario. Otherwise they'd be citizens without a country, citizens without a country's privileges.

If your boat is home ported in Ontario, while you're living on it, you're living in Ontario.

This being so, it would seem that our taxes and health plan should continue just as if we were living in a house in Ontario. That's what that means.

I don't know enough to be more specific. Anybody?

An admiralty lawyer would know. We need to research the Canadian Maritime Act etc.

[avb3]

Originally Posted by Seymore

There's a lot of posting about taxes and Health Plan eligibility, but it's all based on the concept of extended residency in a fixed residence outside Canada, like a residency in a Florida condominium that you own.

Consider this, you're not living outside of Canada when you're living on a Canadian registered boat. Your federally registered vessel is a sovereign part of Canada, wherever it is.

Admiralty law, the Canadian Maritime Act(??) and the UN Common Law of the Sea(??) apply. I think the CMA, or one of them, says clearly that sailors on Canadian registered vessels, for example on a ship home ported in Ontario, keep their citizens' privileges just as if they were living on land in Ontario. Otherwise they'd be citizens without a country, citizens without a country's privileges.

If your boat is home ported in Ontario, while you're living on it, you're living in Ontario.

This being so, it would seem that our taxes and health plan should continue just as if we were living in a house in Ontario. That's what that means.

I don't know enough to be more specific. Anybody?

An admiralty lawyer would know. We need to research the Canadian Maritime Act etc.

If what you state is true, that would solve a lot of peoples Healthcare insurance issues. I have a sneaking suspicion that although it sounds good in theory, that it wouldn't carry any weight if push came to shove. If you can reference this by any law, regulation, or policy it might be instructive.

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[travellerw]

Originally Posted by Seymore

There's a lot of posting about taxes and Health Plan eligibility, but it's all based on the concept of extended residency in a fixed residence outside Canada, like a residency in a Florida condominium that you own.

Consider this, you're not living outside of Canada when you're living on a Canadian registered boat. Your federally registered vessel is a sovereign part of Canada, wherever it is.

Admiralty law, the Canadian Maritime Act(??) and the UN Common Law of the Sea(??) apply. I think the CMA, or one of them, says clearly that sailors on Canadian registered vessels, for example on a ship home ported in Ontario, keep their citizens' privileges just as if they were living on land in Ontario. Otherwise they'd be citizens without a country, citizens without a country's privileges.

If your boat is home ported in Ontario, while you're living on it, you're living in Ontario.

This being so, it would seem that our taxes and health plan should continue just as if we were living in a house in Ontario. That's what that means.

I don't know enough to be more specific. Anybody?

An admiralty lawyer would know. We need to research the Canadian Maritime Act etc.

I have never researched this.... but I'm %90 sure that does NOT apply as our boats are registered as a "Pleasure Craft".

A little research should be able to dig up the true answer.

[bfloyd4445]

Originally Posted by travellerw

We are from Alberta and currently in the process of doing this.

There really is no magic bullet or formula. Do the research and find out what you will need to do and when (i.e. File taxes, ect). For us, we have accepted the fact that we will loose our health care as we plan to be gone WAY past the grace period.

My biggest concern is an audit. I'm worried that going from a reported income to a very low income will raise some flags with Mr. Harper!

My insurance said there was no problem if I was traveling only if I took up residence in a location outside there coverage area. I have Kaiser

[FamilyVan]

Canadian Maritime Act? I don't think that's a thing.

I wouldn't be talking to a lawyer or a taxman about OHIP. I'd be talking to OHIP about OHIP. There have been discussions on here about this before. I think its just shy of 6 months out of Ontario you lose your health benefits, but I'm sure you could call and ask, that's probably easiest and most accurate.

Maybe service Ontario, 1-866-532-3161.

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[Darb]

Lots of discussion and first hand experiences. Thank you all. I have gone to the OHIP website to see how my plans would fit into their rules but, like Mike O'Reilly, my understanding so far is that I may be able to squeek a year and a half of Provincial Health Care coverage before i no longer qualify. I believe that health care is quite good in most of the Carribean and also reasonably priced. I haven't investigated any health insurance as I'm still a year or so from 'going'. 'Pay as you play' with some ability to be medi-vac'd may be a good strategy for someone in pretty good health. That and a map to Alberta or, I'm told, Saskatchewan. (My apologies to any non-Canadians following this!)

Seymour's thoughts about living aboard a Canadian registered boat, even abroad, offering some residency status is interesting but I haven't heard of that before. But is worth an enquiry if I can find someone with that kind of expertise?

[FamilyVan]

Originally Posted by Darb

Lots of discussion and first hand experiences. Thank you all. I have gone to the OHIP website to see how my plans would fit into their rules but, like Mike O'Reilly, my understanding so far is that I may be able to squeek a year and a half of Provincial Health Care coverage before i no longer qualify. I believe that health care is quite good in most of the Carribean and also reasonably priced. I haven't investigated any health insurance as I'm still a year or so from 'going'. 'Pay as you play' with some ability to be medi-vac'd may be a good strategy for someone in pretty good health. That and a map to Alberta or, I'm told, Saskatchewan. (My apologies to any non-Canadians following this!)

Seymour's thoughts about living aboard a Canadian registered boat, even abroad, offering some residency status is interesting but I haven't heard of that before. But is worth an enquiry if I can find someone with that kind of expertise?

Without going in to details, I know my Canadian Maritime Law pretty darn well and I've never seen any evidence that you can claim your boat as sovereign Canadian territory for the purpose of residency.


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[Mike OReilly]

Originally Posted by Darb

Lots of discussion and first hand experiences. Thank you all. I have gone to the OHIP website to see how my plans would fit into their rules but, like Mike O'Reilly, my understanding so far is that I may be able to squeek a year and a half of Provincial Health Care coverage before i no longer qualify. I believe that health care is quite good in most of the Carribean and also reasonably priced. I haven't investigated any health insurance as I'm still a year or so from 'going'. 'Pay as you play' with some ability to be medi-vac'd may be a good strategy for someone in pretty good health. That and a map to Alberta or, I'm told, Saskatchewan. (My apologies to any non-Canadians following this!)

Seymour's thoughts about living aboard a Canadian registered boat, even abroad, offering some residency status is interesting but I haven't heard of that before. But is worth an enquiry if I can find someone with that kind of expertise?

I'm pretty sure the whole living on a flagged boat = residency is incorrect. Residency is not the same as citizenship. You don't loose your national citizenship by floating around the world, but you do loose your eligibility for certain provincial benefits, like healthcare.

I think the previous numbers quoted are correct regarding how long you can be out of province (although I haven't double-checked lately). It does vary from province to province. It's also important to realize its time outside of Ontario, and that includes travel to other parts of Canada, although this would be harder to track.

I don't really understand the issue over tax filings. It's easy to file electronically. Just find yourself a safe internet connection and make your filing from where ever you happen to be. How is this much of a burden? I do think the issue of auto-flagging might be a problem, but there's not much to be done about that. I'll get flagged, or I won't.

[travellerw]

Originally Posted by Mike OReilly

I don't really understand the issue over tax filings. It's easy to file electronically. Just find yourself a safe internet connection and make your filing from where ever you happen to be. How is this much of a burden? I do think the issue of auto-flagging might be a problem, but there's not much to be done about that. I'll get flagged, or I won't.

Exactly.. I have talked with CRA and they said an initial audit is a phone interview. If they find a good reason for the discrepancy during the phone call, then the audit is over. I'm guessing "We sold everything, quite our jobs, and moved on a boat" would qualify as a good reason!

[anacapaisland42]

Anybody know about USA entry at Oswego?
Also
I would think that a quick trip back at Christmas from Florida would assuage typical residency requirements.
Also
For seniors you could pick up your meds.
Bill

[anacapaisland42]

Longer Absences from Ontario

Will OHIP cover me during a longer absence?

In some circumstances (described below), your eligibility for Ontario health insurance coverage (OHIP) may continue while you are absent from Ontario for more than 212 days in a 12-month period in certain limited circumstances, as long as you maintain your primary place of residence in Ontario.
Absences Within Canada

If you are already insured by OHIP and choose to travel, work or study outside of Ontario but within Canada, you may be eligible for continuous Ontario health insurance coverage. For more information on absences outside of Ontario, but within Canada, please refer to the fact sheet Studying, Working or Travelling within Canada.
Absences Outside Canada

You may be eligible for continuous OHIP coverage if you are away from Ontario for one of the following reasons :

• Study full-time outside of Canada
• Work outside of Canada
• Charitable work outside of Canada

To be eligible for continuous OHIP coverage during one of these absences, you must first meet certain physical presence requirements. You must be physically present in Ontario for at least 153 days in each of the 2 consecutive years immediately before the absence.
To confirm your eligibility for continuous OHIP coverage during any longer absence from Ontario, you should contact your local ServiceOntario centre before you leave the province. Go to ServiceOntario.ca/findservices to find the centre nearest to you. You will need to show a document explaining the reason for your absence as required (for example, a letter from your school, employer or sponsoring charitable organization).
Other Types of Absences

You may also be eligible for continuous OHIP coverage during a longer absence when you are away from Ontario for vacation or other reasons for up to 2-years at a time which may be taken as a full two-year absence or as two one-year absences.
To be eligible for continuous OHIP coverage during your first absence of this type, you must typically be physically present in Ontario for at least 153 days in each of the 2 consecutive years before the absence.
You may be eligible to maintain your OHIP coverage during subsequent absences of this type. To be eligible for a further Vacation/Other Reason absence, you must meet the physical presence requirements in Ontario for at least 153 days in each of the 5 consecutive years before each subsequent absence.
You should contact your local ServiceOntario centre to confirm your eligibility during any absence before you leave Ontario. Go to ServiceOntario.ca/findservices to find the centre nearest you.
How long will I be eligible for OHIP coverage during an extended absence?

Reason Continuous OHIP Eligibility Study Outside Canada Duration of a full-time academic program (unlimited) Work Outside Canada Five-year terms (provided specific residency requirements are met for 2 years between each term) Charitable Work Outside Canada Five-year terms (provided specific residency requirements are met for 2 years between each term) Vacation/Other Reason Two-year terms (provided specific residency requirements are met for 5 years between each term) OHIP coverage during an extended absence is provided in increments of one year, up to the maximum time allowed under each category of extended absence.
Are longer absences permitted for my family?

In most cases, your spouse, or dependant children (under 22 years old or 22 years and over if dependent due to a mental or physical disability) can maintain their OHIP coverage while accompanying you on your extended absence for study, work, or charitable work.
Should I obtain additional health insurance coverage for my absence from Ontario?

Yes, the ministry strongly recommends that you do, whether you are absent from Canada for a few minutes or for an extended time. OHIP does not insure or pay for all out-of-country medical services. Also, the amount of funding provided by OHIP will not usually cover the full cost of any health services that you do obtain outside of Canada. You should therefore, obtain supplementary health insurance from a private insurance company to provide you with additional coverage during your absence. It is also recommended that you understand the terms and conditions of the additional insurance coverage you have purchased and the implications of any pre-existing health conditions on your insurance coverage. To obtain private insurance contact a private insurance company of your choice.
For information about which services OHIP will cover while you are out of the country, refer to the fact sheet Travelling Outside Canada.
The above is only a summary of the OHIP eligibility provisions of Regulation 552 for your reference. You should consult the actual regulation for the specific requirements applicable to you. The provisions in Regulation 552 prevail over this summary.
November 2011

[svhydra]

hello; Regarding Health Care; having been overseas for extended times for 7 out of eight years i discovered that the seperate juristictions of federal and provincial government work very well in favour of the canadian traveller in regards to health care. provincial health care records are amongst the most protected in the country and are not shared with the federal government likewise border crossing data is federal and not shared with the provinces. those of us who simply keep our travels a private matter never lose coverage. all the best

[LNL]

I posted a question like this about a month ago. I am in B.C. We will be going for a two year sabbaticals in the Caribbean. B.C also lets you do a one time 2 year leave from medical. Other than that just keep moving around and do not stay too long in one place....unless you are on land! If you go longer, just make sure you have some sort of medical.

[Maple Leaf]

Hello everyone.....it appears we have conflicting information when it comes to residency status.....here is my 2 cents. CRA requires you to report your world income while away from Canada. You can become a non-resident for tax purposes and you would no longer be required to fille Canadian tax returns. They use a point system to determine residency. A non-resident can own property in Canada as many foreigners have cottages and rental properties . This does not make them residents. The questionnaire they MAY ask you to complete is designed to make you a resident as they want their taxes. Severing your residential ties may not be that complicated for some. I would suggest a discussion with a good accountant. They can clarify any issues.

[Mike OReilly]

There are different issues or different stati being discussed here. Maintaining eligibility for OHIP, or other provincial health plans, is actually pretty straightforward (from my reading of the info anyway). Comes down to number of days spent in the province. There are special exemptions, including the 2-year "vacation" leave, which when I read it was a one-time offer. Perhaps this has changed... I will check when I get a computer.

Residency for CRA purposes is different than for provincial health plans. I could not find any clear-cut definitions. It came down to a set of benchmarks. Hit enough of them and you likely remain a resident for tax purposes. As I recall having property is just one on the checklist. Maintaining Canadian bank accounts or other financial interests is another. Having a mailing address. Even having family or other assets in Canada all count. I'm sure, as ML says, any interview with CRA will first establish your residency with regard to taxes.

For those of us travelling in the USA I'm personally more worried about getting claimed by them. Their three-year weighted scale appears rather convoluted to me, although I've not yet thought about it much yet. Will start applying to me soon.


Why go fast, when you can go slow