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FSD 3 - Application

Scope

Introduction

This directive outlines the application of these directives in general as well as in specific situations. 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.

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.

Directive

3.1 Assignment

3.1.1 Unless otherwise indicated, these directives apply to career foreign service employees and to foreign assignment employees on an assignment and include an assignment to:

  1. an office of the Government of Canada located outside of Canada; or
  2. another government or institution located outside of Canada.

3.1.2 Where the duration of the assignment is more than 121 days and less than one year, the provisions of FSD 8 – Short-Term Assignments apply.

3.2 Other Arrangements

3.2.1 At the discretion of the deputy head, and subject to the provisions of FSD 8 – Short-Term Assignments, these directives may be applied in whole, in part or not at all to other arrangements as specified in subsection 3.2.5 in order to meet operational requirements.

3.2.2 In determining the level of assistance provided to the employee, the deputy head shall assess the direct benefit of the arrangement to the department.

3.2.3 The deputy head shall ensure that an employee does not receive double benefits and is not treated more favourably than an employee who is serving outside Canada on an assignment to an office of the Government of Canada.

3.2.4 Where an arrangement is agreed to, a written agreement must be put in place. The agreement must be signed by the employee, the employee’s bargaining agent if the employee is represented, the departmental representative and the Treasury Board Secretariat staff representative.

3.2.5 Other arrangements include:

  1. where leave with pay is authorized and no financial assistance or related benefits are provided to the employee by the host organization on assignment to:
    1. an international organization outside Canada;
    2. a project outside Canada which is funded directly or indirectly by the Department of Foreign Affairs, Trade and Development’s Official Development Assistance;
    3. a provincial or territorial government, a foreign government or a private firm or organization outside Canada under a formal agreement between the employing department and the host organization; or
    4. a research establishment or university outside Canada, where employees have been directed to continue working in their field on a full-time basis;
  2. where leave without pay is authorized for educational leave or professional development leave and no financial assistance or related benefits are provided to the employee by the host organization; and
  3. an assignment of a non-public servant with a department or agency at a post, under the Interchange Canada Program or the Business/Government Executive Exchange Program and as specified in the assignment agreement.

3.3 Employee-Couple

3.3.1 The directives apply to each employee of an employee-couple to the same extent as they do to an unaccompanied employee except:

  1. where the employee-couple are assigned to different posts, the directives shall apply to each employee, having regard for any accompanying dependant; or
  2. 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; and
  3. where specific provisions in a particular directive as outlined in subsection 3.3.2 dictate otherwise.

3.3.2 The following directives indicate specific provisions for an employee-couple:

  1. FSD 15 – Relocation, section 15.2;
  2. FSD 16 – Assistance for a Principal Residence, section 16.5;
  3. FSD 18 – Special Family Separation Assistance, section 18.3;
  4. FSD 25 – Shelter, subsection 25.13.1;
  5. FSD 30 – Post Transportation and Related Expenses, subsections 30.1.4, 30.2.3 and 30.3.2;
  6. FSD 50 – Post Travel Assistance, section 50.2;
  7. FSD 51 – Family Reunion, section 51.2 and subsection 51.13.1;
  8. FSD 54 – Compassionate Travel – section 54.2;
  9. FSD 56 – Foreign Service Incentive Allowances –section 56.3; and
  10. FSD 58 – Post Differential Allowance – section 58.2.

3.4 Assignment in Support of the Canadian Armed Forces

3.4.1 Employees assigned to serve outside Canada in support of International Operations designated by the Chief of the Defence Staff of Canada are subject to certain provisions of the Military Foreign Service Instructions (MFSI), as specified in Chapter 10 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 and as specified in the Memorandum of Agreement Regarding the Payment of Certain Allowances & Benefits to Public Service Employees Assigned Outside Canada in Support of International Operations Designated by Chief of the Defence Staff of Canada, found on the National Joint Council (NJC) website. (MOA-FSD-3-E.pdf (njc-cnm.gc.ca))

3.4.2 Changes to Chapter 10, Section 3 - Operation Allowances of the MFSI shall be reported to the NJC FSD Committee.

3.5 Declaration of a Dependant

3.5.1 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.

3.5.2 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.

3.6 Calculation of Allowances for Less than a Complete Month

3.6.1 Where an employee is entitled to an allowance for less than a complete calendar month, the allowance shall be calculated in accordance with Appendix A to this directive.

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:

  1. authorize the application of the following directives, where these directives have been applied in anticipation of the employee's posting:
    1. FSD 4 - Accountable Advance;
    2. FSD 9 - Medical and Dental Examinations;
    3. FSD 10 - Posting Loan;
    4. FSD 12 - Travelling Expenses for Dependants on Pre-Posting Briefing Programs and/or Foreign Language Training;
    5. FSD 15 – Relocation;
    6. FSD 16 - Assistance for a Principal Residence;
    7. FSD 34 - Education Allowances; and
    8. FSD 35 - Education Travel;
  2. 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
  3. recommend to the President of the Treasury Board such additional assistance as is considered appropriate to the circumstances where:
    1. the assistance provided under paragraphs 3.7.1(a) and (b) is considered inadequate; and/or
    2. 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.

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.

3.7.3 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 the medical service provider.

3.7.4 In situations other than those described in subsections 3.7.1, 3.7.2 and 3.7.3 where an assignment outside Canada has been cancelled or changed, through fault or choice of an employee, 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.

3.8 Application of FSDs During Periods of Leave Without Pay

3.8.1 Where an employee is on leave without pay during the repayment period of a posting loan, the employee shall continue to repay the loan, pursuant to paragraph 10.8.4(b).

3.8.2 Where an employee terminates an assignment because of leave without pay, the relocation shall be approved pursuant to section 15.27 and Appendix F of FSD 15 - Relocation.

3.8.3 Where an employee is on leave without pay, other than maternity or parental leave, and is authorized to remain at post, the full provisions of these directives may continue to apply, with the exception of FSD 55 – Post Living Allowance, FSD 56 – Foreign Service Premium and FSD 58 – Post Differential Allowance which shall not apply. 

3.8.4 Where an employee is on maternity or parental leave and is authorized to remain at post, the full provisions of these directives shall continue to apply, subject to section 3.9 – Maternity and/or Parental Leave Without Pay.

3.8.5 Where an employee is on maternity or parental leave in Canada, the provisions of FSD 33 – Lycée in Canada shall continue to apply.

3.8.6 Where an employee is on leave without pay in Canada, the provisions of FSD 33 – Lycée in Canada may apply during the period of leave without pay provided the employee gives a written undertaking prior to commencement of leave to return to service for a period of not less than the period of the leave granted.

3.8.7 Where an employee does not resume employment or ceases to be employed, except by reason of death or lay-off, before the termination of the period which was undertaken to serve after completion of leave, the employee shall reimburse a pro-rated amount for the allowances paid during the period of leave.

3.9 Maternity and/or Parental Leave Without Pay

3.9.1 Employees who are in receipt of a maternity or parental allowance in accordance with their collective agreement, or other appropriate authority, who are subject to the Foreign Service Directives, and who are authorized to remain at post during maternity or parental leave, shall receive allowances in accordance with FSD 55 - Post Living Allowance, FSD 56 - Foreign Service Incentive Allowances and FSD 58 - Post Differential Allowance.

3.9.2 An employee is entitled to 93% of the amounts for FSD 55 - Post Living Allowance, FSD 56 - Foreign Service Incentive Allowances and FSD 58 - Post Differential Allowance for the same period as a maternity or parental allowance is authorized, to ensure that allowance payments under the Foreign Service Directives are consistent with provisions for maternity and parental allowances.

3.9.3 Where an employee at a post is or will be receiving a maternity or parental allowance for less than 12 weeks, amounts under FSD 55 - Post Living Allowance, FSD 56 - Foreign Service Incentive Allowances and FSD 58 - Post Differential Allowance, less the appropriate shelter cost payable under FSD 25 - Shelter, shall be paid to the employee in full upon the employee's return to work.

3.9.4 Where an employee at a post is or will be receiving a maternity or parental allowance for 12 weeks or more, 50% of the allowance amounts for FSD 55 - Post Living Allowance, FSD 56 - Foreign Service Incentive Allowances and FSD 58 - Post Differential Allowance, less 50% of the appropriate shelter cost payable under FSD 25 - Shelter, shall be paid in advance of the commencement of maternity or parental leave, and the outstanding balance, including any necessary adjustments, shall be paid upon the employee's return to work.

3.9.5 Allowances under FSD 55 - Post Living Allowance, FSD 56 - Foreign Service Incentive Allowances and FSD58 - Post Differential Allowance shall be adjusted in accordance with the special provisions of these directives to recognize:

  1. an increase in salary;
  2. a change in family configuration;
  3. a change in the Post Index;
  4. a revision to the Foreign Service Premium table (Appendix A to FSD 56), and the Post Specific Allowance table (Appendix B to FSD 56);
  5. a revision to the Post Differential Allowance table (Appendix A to FSD 58); and/or
  6. a change in Post Differential Allowance rating level (Appendix B to FSD 58).

3.9.6 No adjustment shall be made which is based entirely on service outside Canada (e.g. a 50% bonus under FSD 58 - Post Differential Allowance, or a step progression in Appendix A - the Foreign Service Premium table under FSD 56).

3.9.7 An adjustment to an employee's Foreign Service Premium shall be made on the basis of a step progression in the Foreign Service Premium Table on the first day of duty on which sufficient points/credits have accumulated to merit the increase, following that employee's return from maternity or parental leave.

3.9.8 Where an employee is temporarily absent from the post in excess of 25 compensation days, allowances under FSD 55 - Post Living Allowance and FSD 58 - Post Differential Allowance shall cease with effect from the 26th compensation day of absence.

3.10 Child Under a Custody Arrangement

3.10.1 Where the deputy head is satisfied by means of a court order or declaration signed by both parents that an employee has a custody arrangement in place for a child, the application of these directives shall be determined based on the place of residence of the child in Canada prior to the assignment and based on the place of residence of the child during the assignment as outlined in Appendix B of this directive.

3.10.2 Where the child will be residing with the employee at post for the duration of the assignment, the child will be deemed to be a dependant as defined in FSD 2 – Definitions and provisions applying to dependants residing at post will apply to the child.

3.10.3 Where the child will not be residing with the employee at post for the full period of the assignment, the child will be deemed to be a dependant as defined in FSD 2 – Definitions provided the period at post is for a minimum of 12 consecutive months and the child will be deemed to be a child under a custody arrangement as defined in FSD 2 - Definitions for the remainder of the assignment. The provisions applying to dependants residing at post will be adjusted as applicable where the child is not residing at post for the full period of the assignment.

3.10.4 Where the child will not be residing with the employee at post, the child will be deemed to be a child under a custody agreement as defined in FSD 2 – Definitions and the provisions of section 51.10 of FSD 51 – Family Reunion and sections 54.10 and 54.11 of FSD 54 – Compassionate Travel shall apply.

3.11 Legal Strike Situation

3.11.1 Notwithstanding the provisions of the Treasury Board policy on strikes, the Foreign Service Directives, with the exception of FSD 56 - Foreign Service Incentive Allowances and FSD 58 - Post Differential Allowance shall continue to apply in a legal strike situation

3.12 New Assignment at the Same Post

3.12.1 Where an employee accepts a new assignment at the same post, the provisions of these directives continue to apply in the same manner as where an employee accepts an extension. The employee is not eligible to a new posting loan under the provisions of FSD 10 – Posting Loan and FSD 15 – Relocation does not apply.

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