In terms of the process, we have a description on our website of the type of information we would like to see. When an application comes in for review, we will look at their past employment, résumés, whether they happen to know any information on their future employer, and so on. Interviews will be conducted with witnesses, and maybe past employers, or the applicants themselves if there's a new employer. Once all of that is done and analyzed, the report is given to me for consideration.
Part of the process we introduced was to give the applicant 30 days to comment on my intent. In other words, if I'm going to be granting the exemption or not, they get 30 days to respond. If I grant the exemption, or an exemption with some conditions, they are given a letter with an exemption number that they then have to use for registration. If the exemption is granted, the act indicates that I must, without undue delay, post my reasons for that exemption on the website.
To answer your second question on criteria, the act provides some criteria, for example, if the person has been in an acting position for a short period of time--maybe student employment, administrative duties only--whether the employer would gain an unfair advantage. In the case of transition team members, there are a few others that are added.
The position I have taken is that Parliament put the five-year prohibition in the act for a reason, which was to stop the revolving door. To me, the rule is that the five-year prohibition holds, and it is only with exceptional circumstances that I will grant an exemption.