March 11, 2019
The NJC FSD Committee has developed the following questions and answers in order to provide departments, agencies and employees with clarification on the application of certain new and existing FSD provisions which came into effect April 1, 2019.
General
- Why were definitions moved to FSD 2 – Definitions?
Definitions which apply to more than one directive were moved to FSD 2 – Definitions in order to simplify the directives and lighten the language. - Why is there reference to the Department of Foreign Affairs, Trade and Development in the FSDs when the department’s new name is Global Affairs Canada (GAC)?
The department’s legal name is still the Department of Foreign Affairs, Trade and Development. - Why were the forms removed from the FSDs and where can employees now find them?
Forms are an administrative tool used to apply the FSDs and departments have their own internal procedures. Employees should contact their FSD administrator for information on procedures and forms as required. - Where can I find the Guide to the NJC Rates and Allowances?
The Guide is available on the NJC site (http://njc-cnm.gc.ca/s3/d117/en).
FSD 2 - Definitions - Why were the definitions of “accompanied by one” and “accompanied by two or more” deleted? Did the methodology change for the allowances?
Allowances continue to be based on family configuration at post. A new definition of family configuration was developed and now includes reference to “accompanied by one”, “accompanied by two”, “accompanied by three” and “accompanied by four or more”.
FSD 3 – Application - Were changes made to the application of the FSDs for an employee-couple?
Changes were not made to the application of the FSDs for an employee-couple. However, this new subsection captures the information which applies to employee-couples and which is specified in different FSDs for reference purposes. - Does a child who is under a custody arrangement qualify for allowances under the FSDs?
The application of the FSDs for a child who is under a custody arrangement will depend on the custody arrangement and the location of the child during the assignment. The new section 3.10 and the new Appendix B clarify this.
FSD 8 – Short- Term Assignments - If I am on a short-term assignment abroad on April 1st, 2019, do I continue under the old provisions or do the new FSDs apply?
As outlined in subsection 8.1.8 of the April 1st, 2019 FSDs, employees who are on a short-term assignment on April 1st, 2019, shall be given the option of remaining under their current provisions for the period of their short-term assignment, not including any extensions, or electing for the revised provisions of FSD 8 – Short-Term Assignments effective April 1, 2019.
FSD 10 – Posting Loan - A posting loan can now only be used for purchases required at post. What constitutes acceptable purchases of items required at post for the purpose of a posting loan?
The purchase of items such as a vehicle, clothing, and household effects which are required at post are acceptable items. Any item which is purchased and brought to post or used at post during the employee’s posting is acceptable. - Why would the deputy head verify the use of the posting loan when the full amount of the loan will be repaid anyway?
Public funds are used for the issuance of the posting loans. The intent of the posting loan is limited to the purchase of items required at post. In order to ensure that the intent of the posting loan is met and respected, the deputy head can verify the use of the loan by requesting that the employee provide proof of the purchase of the items which were required at post. - What will happen if the posting loan is used for other purposes?
If following the verification of the posting loan, it is confirmed that the loan was used for purposes other than the purchase of items required at post, the employee will be required to repay the posting loan amount which was not used for these purchases immediately and could be subject to disciplinary action.
FSD 15 – Relocation - Were changes made to the insurance coverage?
The amounts provided for insurance of household effects which are shipped or stored and for a PMV remain the same. Departments will inform employees of the claims procedure.
FSD 25 – Shelter - The accommodation space targets/guidelines in the new subsection 25.1.2 indicate three bedrooms for a household of 2, 3 and 4. Why does a household of 2 get three bedrooms – the same number as a household of 4?
The space targets/guidelines are reflective of the bedroom count results from the most recent Census. The bedroom count for households of 2, 3 or 4 people in the household showed that these households had 3 bedrooms. - Can an accommodation deficiency adjustment be requested if the number of bedrooms is not as stated in FSD 25.1.2?
The space targets/guidelines are not entitlements. As with all accommodation deficiency adjustments requests, the employee must describe the impact of the deficiency on the liveability of the accommodation. - If I am at post already and had elected a household size one level higher than my actual household size for my privately leased accommodation when I arrived and I have to move after April 1st, 2019, can I opt for a household size higher on my next privately leased accommodation given that I was allowed to do so when I arrived at post?
No. The option of electing a household size one level higher than the actual household size is no longer an option under the April 1st, 2019 version of the FSDs unless there is an impending birth or adoption of a child.
FSD 34 – Education Allowances - FSD 34.9 - Special Education Allowance indicates that the allowance will be based on programs normally provided without charge by the Ontario Ministry of Education and/or the Ontario Ministry of Community and Social Services. Does this mean that all programs provided by the Ontario Ministry of Community and Social Services are covered under FSD 34?
No. The intent of section 34.9 is to provide a special education allowance on an individual basis for a dependent child with proven special education needs. The programs provided by the Ontario Ministry of Community and Social Services which support the special education needs of the child and which are required for the child to attend school would be considered under section 34.9. - The new version of the FSDs specifies that postsecondary shelter assistance does not apply when a dependent student resides in the principal residence or a property owned by the employee and/or the employee’s spouse or common-law partner. Do transitional provisions apply for the next school year for employees who are currently on posting?
Transitional provisions are not in place for this change. As such, employees whose dependent student reside in the principal residence or a property owned by the employee and/or the employee’s spouse or common-law partner for the 2019-2020 school year and onward will not receive assistance under the provisions of FSD 34.6 – Postsecondary Shelter Assistance.
FSD 45 – Foreign Service Travel Credit Bank and Foreign Service Leave Credit Bank - How can I find out if I have any credits remaining under FSD 45?
FSD 45 only applied to employees who were assigned abroad under the FSDs prior to October 1st, 1997 and who may have accrued credits. Contact your FSD Administrators and they can advise you as to whether or not you have credits remaining.
FSD 50 – Post Travel Assistance - When would a pro-rated allowance be provided to an employee?
The deputy head can consider providing a pro-rated allowance for post travel assistance when, due to operational requirements, an employee will not be arriving at post during the normal assignment cycle for reasons such as a delay in obtaining visas or agrément or an off-cycle replacement. Where the delay is as a result of the employee’s personal choice or personal situation, the allowance would not be pro-rated. - Can an employee request a pro-rated allowance?
Deputy heads are responsible for identifying when an operational requirement could result in a pro-rated allowance.
FSD 55 – Post Living Allowance - Given that the Cost of Living Survey will be amended to reflect the basket of goods used for the 2016 Survey of Household Spending, will missions have to redo the Cost of Living Survey which is used to establish the post index?
No. The Cost of Living Survey will be updated to reflect the changes made to the basket of goods and missions will complete the new cost of living survey when the next review is planned for the post.