TN 16 (11-96)

RS 02001.320 Special Exceptions to the Coverage Rules - U.S. Canadian Agreement

The coverage rules in RS 02001.315 were intended to cover the great majority of situations where a worker would otherwise be subject to coverage by both Canada and the U.S. However, it was recognized that situations might arise that had not been foreseen. Additionally, application of the rules in RS 02001.315 in some situations might produce some unintended results. Therefore, a general exception provision was included in the agreement.

Under the general exception provision, an employee, employer or self-employed person may request a special exception to coverage rules in the agreement. There are no established (specific) criteria for determining when an exception will be granted. However, the worker must remain subject to the laws of the one but not both countries. In addition, both countries must concur in the granting of the exception. If either country does not concur with the exception, the worker will be covered as determined by the coverage rules in the agreement.

If a worker or employer wishes to apply for a special exception, he/she should write a letter to the country under whose system he/she wishes to be covered. The letter should give all the information necessary to issue a certificate of coverage as shown in RS 02001.325. In addition, it will be necessary to explain why the exception is desired. The country that receives the request will evaluate it and determine if it merits approval. If it concurs with the request for a special exception, it will request the concurrence of the other country. If the other country concurs, a certificate of coverage may then be issued by the country which will provide the coverage.