FSD 3 - Application

Scope

Introduction

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.

Subject to subsections 3.7.1 and 3.7.2, 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.

Please refer to the Instructions at the end of this Directive for additional information or greater clarification of certain sections.

Directive

3.1 Assignment

(Note: Refer to Instructions)

3.1.1 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) an assignment means an assignment to an office of the Government of Canada at a post or;

(c) an assignment means, provided leave with pay is authorized and no financial assistance or related benefits are provided to the employee by the host organization, 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.

3.2 Training and/or Developmental Assignments

3.2.1 Notwithstanding subsection 3.3.1, FSD 15 - Relocation, may be applied, in part, to training and/or developmental assignments to a recognized educational institution, as follows:

(a) Relocation Travel (FSD 15.3 - FSD 15.12)

(b) Relocation of Household Effects (FSD 15.13 - 15.17)

(d) Living Expenses in Temporary Accommodation (FSD 15.31 – 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.

3.3 Other Types of Assignments

(Note: Refer to Instructions)

3.3.1 With the agreement of the employee's bargaining agent and subject to consultation with Treasury Board Secretariat staff, in order to meet operational requirements, these directives may be applied:

(a) in whole or in part to assignments for which the employee has been granted leave without pay, including educational leave without pay;

(b) 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;

(d) 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. In this case, 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.

3.4 Assignment in Support of the Canadian Forces

(Note: Refer to Instructions)

3.4.1 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) regarding the payment of certain allowances and benefits to Public Service employees deployed outside Canada in support of the Canadian Forces on Deputy Chief of Defense Staff controlled international operations, found on the National Joint Council (NJC) website. (http://www.njc-cnm.gc.ca/aux_bin.php?auxid=562)

3.4.2 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 Memorandum of Agreement (MOA) regarding the payment of certain allowances and benefits to Public Service employees deployed outside Canada in support of the Canadian Forces on Deputy Chief of Defense Staff controlled international operations, found on the National Joint Council (NJC) website (http://www.njc-cnm.gc.ca/aux_bin.php?auxid=562), notwithstanding that the period of deployment may be less than one year.

3.5 Employee Couple

3.5.1 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;

3.6 Declaration of a Dependant

3.6.1 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.

3.6.2 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.

3.7 Cancellation or Change to Assignment

3.7.1 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 assignment; 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 paragraphs 3.7.1(a) and (b) is considered inadequate; and/or

(ii) where the employee has incurred expenses in anticipation of an assignment or as a result of cancellation or change of an assignment for which there is no payment authority.

(Note: Refer to Instructions)

3.7.2 Subsection 3.7.1 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. (Note: Refer to Instructions)

3.7.3 In situations other than those described in subsections 3.7.1 and 3.7.2 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. (Note: Refer to Instructions)

Instructions

Instructions for 3.1 – Assignment

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. 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.

Instructions for 3.3 – Other Types of Assignments

1. In applying subsection 3.3.1, 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

2. The assignment agreement under subsection 3.3.1 must be signed by the employee, the employee's bargaining agent, the departmental representative and the Treasury Board Secretariat staff representative.

Instructions for 3.4 – Assignment in Support of the Canadian Forces

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 post ceases to be on travel status while in receipt of the allowances and benefits under the MFSI.

Instruction for 3.7.1 and 3.7.2 – Cancellation or Change to Assignment

Subsections 3.7.1 and 3.7.2 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.

Instruction for 3.7.3 - Cancellation or Change to Assignment

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.