FSD 3 - Application
3.01 Unless otherwise indicated, and subject to the provisions of FSD 8 - Short-term assignments outside Canada, these directives apply to career foreign service employees and to foreign assignment employees on assignment outside Canada, where:
(a) an assignment is normally for a period of 12 months or more;
(b) career foreign service employees are employees who, as a condition of employment, serve abroad pursuant to a rotational pattern throughout the span of their careers. This rotational service normally involves assignments to a number of posts but occasionally, due to operational requirements, assignments may be limited to one or a few posts;
(c) foreign assignment employees are employees who have made no commitment to serve abroad throughout the span of their careers pursuant to a rotational pattern, but who serve an occasional assignment at a post;
(d) an assignment means an assignment to an office of the Government of Canada at a post or,
(e) where leave with pay is authorized and no financial assistance or related benefits are provided to the employee by the host organization, an assignment means an assignment to:
(i) an international organization outside Canada;
(ii) a project outside Canada which is funded directly or indirectly by the Canadian International Development Agency;
(iii) a foreign government or private firm or organization outside Canada under a formal agreement between the employing department and the host organization;
(iv) a research establishment or university outside Canada, where employees have been directed to continue working in their field on a full-time basis;
(f) notwithstanding Section 3.01(g), FSD 15 - Relocation, may be applied, in part, to training and/or developmental assignments to a recognized educational institution, as follows:
(i) Relocation Travel (FSD 15.03 - FSD 15.12)
(ii) Relocation of Household Effects (FSD 15.13, FSD 15.14 and FSD 15.15)
(iii) Compensation for Damage or Loss of Household Effects (FSD 15.18 - FSD 15.26)
(iv) Living Expenses in Temporary Accommodation (FSD 15.33) - Expenses shall be limited to two days at the old place of duty, a maximum of five days outside Canada and two days on return to Canada, and
(g) with the agreement of the employee's bargaining agent and subject to consultation with Treasury Board Secretariat staff, in order to meet operational requirements:
(i) these directives may be applied in whole or in part to assignments for which the employee has been granted leave without pay, including educational leave without pay;
(ii) these directives may be applied in whole or in part to other assignments, including training and/or developmental assignments where professional development leave has been granted under the terms of a collective agreement;
(iii) these directives may be applied in part to assignments in which an employee receives financial assistance or benefits from the host organization; or
(iv) where an employee has requested and/or arranged for an assignment, other than an assignment to an office of the Government of Canada at a post, the deputy head may direct that an employee be exempt from all or some of the provisions of the Foreign Service Directives during an assignment outside Canada.
1. The Foreign Service Directives apply to non-public servants on assignment with a department or agency at a Post, under the Interchange Canada Program or the Business/Government Executive Exchange Program, as specified in the Assignment Agreement.
2. In applying Section 3.01(g), care should be taken to ensure that employees:
(a) do not receive double benefits, and
(b) are not treated more favourably than employees serving outside Canada under the provisions of the Foreign Service Directives, and
(c) are fully briefed on the specific application of the Foreign Service Directives.
3. The assignment agreement under FSD 3.01(g) must be signed by the employee, the employee's bargaining agent, the departmental representative and the Treasury Board Secretariat staff representative.
4. The provisions of FSD 8 - Short-term assignments outside Canada apply to periods in excess of 30 consecutive days but less than one year. For periods of less than 31 consecutive days, the provisions of the NJC Travel Directive shall apply.
(a) Subject to Sections 3.07 and 3.08, the directives apply to an employee during the period of assignment outside Canada except where a directive specifies or implies that its provisions apply while the employee is in Canada.
(b) The substantive authority of the directives is contained in the sections of each directive. Where there appears to be a discrepancy between the provisions outlined in the introduction to a directive and the operative section of the directive, the latter shall govern. Instructions and guidelines are designed to clarify provisions.
3.03 Employees in support of Canadian Forces (CF) outside Canada:
(a) Foreign assignment employees assigned to serve outside Canada in support of Canadian Forces (CF) members who are in permanent or training positions established by the Chief of Staff to the Vice Chief of the Defence Staff are subject to certain provisions of the Military Foreign Service Instructions (MFSI), as specified in Section 2 of the MFSI. They are also subject to certain provisions of the Foreign Service Directives (FSD), as directed by the Treasury Board or the President of the Treasury Board from time to time and specified in the Memorandum of Agreement (MOA).
(b) Career foreign service and foreign assignment employees deployed outside Canada in support of the CF on international operations controlled by the Commander of Canada Command, the Commander the Canadian Expeditionary Force Command, Commander of the Canadian Special Operations Force Command or Commander of the Canadian Operational Support Command are subject to the relevant provisions of Section 3 - Operations Allowances of the MFSI. They are also subject to certain provisions of the FSD, as directed by the Treasury Board or the President of the Treasury Board from time to time and specified in the MOA, notwithstanding that the period of deployment may be less than one year.
1. The benefits and allowances will vary based on the period of deployment as provided for in the MFSI.
2. Changes to Section 3 - Operations Allowances of the MFSI subsequent to April 1, 2003 shall be reported to the National Joint Council Committee on the Foreign Service Directives.
3. An employee on relocation to and/or from a Mission ceases to be on travel status while in receipt of the allowances and benefits under the MFSI.
3.04 The directives apply to each employee of an employee-couple to the same extent as they do to an unaccompanied employee except:
(a) where the employee-couple are assigned to different posts, the directives shall apply to each employee, having regard for any accompanying dependant, or
(b) where the employee-couple are assigned to the same post, and a dependant resides with the employee-couple at the post, one employee shall be considered as unaccompanied and the other employee as accompanied at the appropriate dependant rate;
(c) where specific provisions in a particular directive dictate otherwise.
(a) Unless specifically provided for in a particular directive, where an employee claims a dependant, such dependant shall be identified with that employee for the duration of the posting.
(b) Where an employee is claiming a dependant for the purposes of these directives, it is the responsibility of the employee to inform the employer of any change or event which affects the application of these directives. Payments made after eligibility changes are subject to recovery.
Provisions transferred to 3.02(b) effective April 1, 2009.
3.07 Where, due to operational requirements as determined by the deputy head, an employee at a place of duty in Canada who has been notified officially of an assignment outside Canada is subsequently notified officially that the assignment has been cancelled or changed, the deputy head shall, to the extent considered necessary,
(a) authorize the application of the following directives, where these directives have been applied in anticipation of the employee's posting:
(i) FSD 4 - Accountable Advance
(ii) FSD 9 - Medical and Dental Examinations
(iii) FSD 10 - Posting Loan
(iv) FSD 12 - Travelling Expenses for Dependants on Pre-Posting Briefing Programs
(v) FSD 15 - Relocation
(vi) FSD 16 - Assistance for a principal residence
(vii) FSD 34 - Education Allowances
(viii) FSD 35 - Education Travel
(b) authorize the application of FSD 15 - Relocation - subsequent to the cancellation or change of assignment, to provide such additional assistance as is considered necessary to facilitate a departmental program or to rectify what would otherwise be an obvious injustice to the employee as a result of the cancellation or change in the employee's posting; and/or
(c) recommend to the President of the Treasury Board such additional assistance as is considered appropriate to the circumstances,
(i) where the assistance provided under Sections 3.07(a) and (b) is considered inadequate; and/or
(ii) where the employee has incurred expenses in anticipation of posting or as a result of cancellation or change of an assignment for which there is no payment authority.
3.08 Section 3.07 shall also apply to a Head of Mission designate whose proposed appointment has been cancelled or changed by the deputy head through no fault or choice of the employee.
Sections 3.07 and 3.08 also apply to situations where a confirmed posting is cancelled or changed as a result of medical unsuitability of an employee or an accompanying dependant as determined by the deputy head on the advice of Health Canada.
3.09 In situations other than those described in Sections 3.07 and 3.08 where an assignment outside Canada has been cancelled or changed, the deputy head may recommend to the President of the Treasury Board such assistance as is considered necessary to facilitate a departmental program or to rectify what would otherwise be an obvious injustice to the employee.
This section is designed for those situations where a posting is cancelled or changed through fault or choice of an employee, rather than as a result of operational requirements as determined by the deputy head.
Appendix A - Short-term relocation outside Canada and the USA
The provisions of FSD 3 - Appendix A - Short-term relocation outside Canada and the USA, have been revised and incorporated into FSD 8 - Short-term assignments outside Canada.
April 27, 2004
MEMORANDUM OF AGREEMENT
REGARDING THE PAYMENT OF CERTAIN ALLOWANCES & BENEFITS
TO PUBLIC SERVICE EMPLOYEES
DEPLOYED OUTSIDE CANADA IN SUPPORT OF THE CANADIAN FORCES ON
DEPUTY CHIEF OF DEFENCE STAFF CONTROLLED
BETWEEN TREASURY BOARD
(HEREAFTER CALLED THE EMPLOYER)
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
THE PROFESSIONAL ASSOCIATION OF FOREIGN SERVICE OFFICERS
THE PUBLIC SERVICE ALLIANCE OF CANADA
AND OTHER BARGAINING AGENTS WHO ARE
MEMBERS OF THE NATIONAL JOINT COUNCIL OF THE PUBLIC SERVICE OF CANADA
(HEREAFTER CALLED THE BARGAINING AGENTS)
1. FSD 3.03(b) provides for the payment of certain allowances and benefits to career foreign service and foreign assignment employees deployed outside Canada in support of the Canadian Forces (CF) on Deputy Chief of Defence Staff (DCDS) controlled international operations. Specifically, FSD 3.03(b) states that these employees are subject to the relevant provisions of Section 3 - Operation Allowances of the Military Foreign Service Instructions (MFSI).
2. Following approval of FSD 3.03, a number of MFSI allowances and benefits, which apply to deployed CF members, were allocated sections of Chapter 10 - Military Foreign Service Instructions of the Compensation and Benefits Instructions (CBI) for the Canadian Forces, other than Section 3 - Operation Allowances. Although not specifically referred to in FSD 3.03(b), they meet its intent and are included in this agreement to ensure complete coverage of career foreign service and foreign assignment employees. For greater certainty, the applicable MFSI sections are limited to the following:
MFSI 10.1 - Interpretation;
MFSI 10.2 - General Provisions (only as they relate to the sections listed in this MOA)
MFSI 10.3 - Operation Allowances;
MFSI 10.17 - Telephone Call Assistance;
MFSI 10.21 - Home Leave Travel Assistance; and
MFSI 10.23 - Compassionate Travel.
Note: The MFSI reference includes the CBI Chapter Number plus the applicable Section.
3. The employee will be subject to the National Joint Council Travel Directive and be deemed in travel status while travelling to and from the post that is the home location of the deployment.
4. The employee will remain subject to those Foreign Service Directives applicable to the circumstances encountered. However, the employee is not entitled to any benefit or allowance under the FSD, which is duplicated under the MFSI listed in paragraph 2 of this MOA.
5. The entitlement to the above allowances and benefits under the MFSI is predicated on the deployment status, as defined in MFSI 10.3.03 - Application by Deployment Status.
6. Amendments to the allowances and benefits listed in this Chapter shall be reported to the Foreign Service Directives Committee of the National Joint Council by the Department of National Defence representative on that committee. The MFSI is available on the following Website: http://www.dnd.ca/dgcb/dcba/mfs.
7. This memorandum is effective 23 July 2003, which is the approval date of the MFSI, and shall terminate when agreed to by the parties.
SIGNED AT OTTAWA, THIS 27th DAY OF THE MONTH OF APRIL 2004
|The Treasury Board of Canada||
G.R. Clayburn, CD
Lyette Babin, CD
The Public Service Alliance of Canada