8. Under what circumstances can exceptions be posted?
A provincial, territorial or federal government can approve an exception to impose additional certification requirements for a worker when certification requirements are very different between jurisdictions and result in a significant gap in a worker’s skill, knowledge or ability which is required to perform the scope of practice of an occupation in another province or territory.
Regulatory authorities cannot approve exceptions by themselves. They must be approved by their government. A government must clearly show that the additional certification requirement is needed to achieve a legitimate objective and to close significant gaps in a worker’s skills, knowledge or ability.
To approve an exception, the government has to identify all of the following:
legitimate objective(s) as the basis for the exception (for example, public security and safety);
additional requirement(s) (for example, additional training or exams);
jurisdiction(s) to which the exception applies; and,
rationale for the exception.
Once a government approves an exception, it must forward it to the Forum of Labour Market Ministers (FLMM) and the exception must be posted publically on the Canadian Free Trade Agreement website and on this website.
Governments have different processes for approving additional requirements. Regulatory authorities or government departments that think an exception to Labour Mobility is needed should contact their provincial/territorial Labour Mobility Coordinator as soon as possible to talk about their government´s approval process.