Request an Exemption
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​1. What is an exemption and what is its purpose?

The Community Care and Assisted Living Act, the Residential Care Regulation and the Child Care Licensing Regulation establish the minimum health and safety requirements that must be met. An exemption is a temporary release from a requirement of legislation. An exemption gives Licensing Officers and Medical Health Officers flexibility and the discretion to consider unique situations.

The Community Care and Assisted Living Act allows the Medical Health Officer (Licensing Officer) to grant an exemption from a requirement of the Act or Regulations if satisfied that,
  • there will be no increased risk to the health and safety of persons in care, and 
  • the exemption meets prescribed requirements
A Medical Health Officer (Licensing Officer) may attach terms and conditions to the exemption and suspend, cancel or vary an exemption that has been granted.​

2. What can be exempted?

Any requirement of the:

  • Community Care and Assisted Living Act.
  • Child Care Licensing Regulation (except those sections listed in Schedule A).
  • Residential Care Regulation (except those sections listed in Schedule A).

 

The Community Care and Assisted Living Act allows a person in care or their agent or representative, as well as the spouse, relative or friend of a person in care, to appeal an exemption that has been granted. To respect this right, people need to be fully informed about the process.

Please include specific information with your application to explain:
 
  • How you have informed the persons in care and their families or representatives of the exemption application
  • Persons, their families or representatives were informed they could comment on the exemption to Interior Health by contacting Licensing Direct
Your plan for immediately informing persons in care, their representatives and their families if the exemption is granted.

3. How do I request an exemption?

Provide the following information:

  • The facility name and address, licensee and manager names, type of care and maximum capacity.
  • A Health and Safety plan which shows that there will be no increased risk to the health and safety of persons in care if the exemption were granted. Health and safety issues that may need to be addressed in your submission that reflect what the facility will do over and above what is normally required could include: staffing levels, staff qualifications, programming, physical plant – indoor and outdoor, equipment and furnishings, and enhancements to safety practices (e.g. hygiene).
  • The section of the legislation from which you are requesting the exemption.
  • The length of time the exemption is required including the start and end date for your request.
  • Number of exemptions which are currently granted to your facility.

Licensing Direct

Phone Us Toll-Free: 1-877-980-5118

Email Us: LicensingDirect@interiorhealth.ca

 

  • Applications should generally be submitted 4 weeks in advance.  Submit all information via email to Licensing Direct.
  • A Licensing Officer will review your exemption request and contact you if more information is required.
  • A Licensing Officer will assess the request based on its own merit and notify you in writing of the decision. The time frame for a decision may vary.
  • Once an exemption has been approved, it is the Licensee’s responsibility to ensure that the submitted plan is maintained. If it is found that the approved plan is not being met, or there is an increased risk to persons in care, there may be a decision to Suspend, Cancel, Attach or Vary Terms and Conditions of an Exemption, as per Section 16(2) of the CCALA. If any of this action is taken you will be informed of your right to appeal and reconsideration of the decision.
  • Exemptions are not transferrable once approved. They are relevant to the specific situation/person applied for. 
  • The denial of an exemption request cannot be appealed to the CCALA Board; however you can re-apply if there is new information.
If you are requesting temporary placement or retention of a child or, a staffing exemption request please see # 4 and #5.
 

4. Temporary Placement or Retention of a Child

Please provide additional information:

  • Child's name and date of birth 
  • The names and ages of all other children enrolled in the daycare 
  • Child to staff ratio and staff qualifications with assurance that staff to child ratio and group size will not change 
  • A description of why the exemption is in the best interests of the child 
  • A Program plan to address the needs of children

5. Staffing Exemption Request

  • A description of efforts made to recruit appropriately qualified staff 
  • Note that this is a request for exemption from Section 34(2)(b) and Schedule E of the Child Care Licensing Regulation.
  • Name of the proposed exempted staff member
  • Training plan for the proposed exempted staff member
  • Current training and experience to support the exemption

 

MoH     PCQO