FSD 30 - Post transportation and related expenses
Introduction
The employer recognizes that in certain locations outside Canada there are circumstances which relate to personal transportation and expenses associated with personal transportation which are significantly different to situations normally experienced by employees serving in Canada. It is recognized that access to personal transportation not only contributes to the effective performance of an employee's duties but reflects the employee's standard of living in Canada. Local restrictions may limit the availability of private motor vehicles or impose significant extra costs on employees. Consequently, the employer is prepared to make various specific types of assistance available to an employee to assist with personal transportation requirements and costs as outlined in this directive for:
(a) Vehicle Rental (Sections 30.01 to 30.03)
(b) Road Taxes and Licensing Fees (Section 30.04)
(c) Post Parking Expenses (Section 30.05)
(d) Commuting Assistance (Sections 30.06 to 30.13)
(e) Education Transportation (Sections 30.14 and 30.15)
Directive 30
Vehicle rental
30.01 Where the deputy head has determined that an employee at a specified post is not entitled to the provisions of FSD 15.17 because the host country has embargoes or prohibitive import duties or disposal requirements applicable to an employee's private motor vehicle (PMV), or automobile shipment costs are excessive, the provision of a Crown-held automobile or alternative transportation may be authorized for the use of an employee while assigned to the post, provided the employee fulfills the conditions specified in Section 30.02.
Instructions
1. The provision of a Crown-held automobile or alternative transportation is designed primarily for an employee at a post to which the deputy head was not prepared to authorize the shipment of the employee's PMV under FSD 15.17. The deputy head determines the posts at which employees are not entitled to the provisions of FSD 15.17 due to embargoes, prohibitive import duties, disposal requirements or excessive shipping costs. Designation of such posts should be agreed to among departments represented at the post.
2. The provisions of Section 30.01 are not an entitlement. While every effort will be made to provide employees with Crown-held vehicles in the circumstances described, it must be recognized that it may not always be possible where foreign assignment employees are serving at locations where Foreign Affairs and International Trade is not represented or where assignments are arranged under a bilateral agreement, an international program or the Canada Interchange program.
3. Transportation which can be provided to employees under this directive includes all Crown-held vehicles at a post and is not limited to those vehicles provided under specific authority of this directive.
4. The deputy head shall determine the type of automobile or alternative transportation to be provided and the most economical means of providing it, bearing in mind initial cost, availability and cost of parts, and availability and quality of service. The type of transportation provided shall not be influenced by the status of an employee.
5. Sections 30.01 to 30.03 of this directive shall apply to one employee only of an "employee-couple" who are assigned to the same post, unless the deputy head determines that application to each such employee is justified by program requirements.
6. At the discretion of the deputy head and conditional on the availability of Crown-held vehicles at a post, the provisions of Section 30.01 may be extended to an employee whose PMV is being shipped to or from the post under FSD 15.17. This discretion would normally be exercised at posts where local transportation is absent or inadequate.
7. It should be noted that employees may claim car rental expenses in specific circumstances on relocation in accordance with FSD 15.32. Where an employee claims car rental expenses for use of a Crown-held automobile under Section 30.01, the fixed rate shall be determined in accordance with Section 30.02.
8. While Section 30.01 uses the singular form, it does not preclude an employee from renting a second Crown-held vehicle, subject to availability and particularly the requirements of employees for a primary vehicle.
30.02 An employee who accepts a Crown-held automobile or alternative transportation for personal use shall:
(a) agree to be responsible for operating expenses (oil, fuel/gasoline, parking, tolls, etc.) and shall pay a fixed rate of
$4,332 per year
$361 per month
$18 per day
until such time as the methodology is reviewed and the fixed rate revised by the National Joint Council Committee on Foreign Service Directives.
(b) agree to return such automobile in the condition in which it was received, subject to allowance for normal usage;
(c) ensure that the vehicle is driven only by qualified and licensed drivers in accordance with local law;
(d) be responsible for ensuring that the automobile is submitted for inspection and maintenance in accordance with instructions prescribed by the deputy head; and
(e) agree to pay
(i) the cost of any necessary repairs that are, in the opinion of the deputy head, due to fault or negligence on the employee's part,
(ii) the first $100 in repair costs when the automobile is damaged in a collision and the driver of the Crown-held vehicle is the responsible party, and
(iii) the first $25 in repair costs when the automobile suffers damage that would be insurable under a comprehensive automobile insurance policy in Canada.
Guideline
It should be noted that where management requires an employee to use a PMV on official government business, this cost is not reimbursable under FSD 30; compensation should be provided in accordance with the NJC Travel Directive, with post mileage/kilometric rates as determined by the Deputy Minister of Foreign Affairs.
30.03 Where the deputy head has authorized the provision of a Crown-held automobile to an employee, payment shall be authorized for:
(a) expenses incurred by the employee for normal operation and maintenance of the automobile, other than fuel; and
(b) the costs of inspections, major overhaul or those repairs which are not payable by the employee pursuant to Section 30.02(e)(i); and
(c) damage to the automobile which is not payable by the employee pursuant to Sections 30.02(e)(ii) and (iii).
Road Taxes And Licensing Fees
30.04
(a) At locations outside Canada an employee may be subject to annual motor vehicle registration fees and/or road taxes which exceed those rates payable in the province of Ontario. When supported by appropriate receipts or documentation showing such payment, an employee may be reimbursed the difference between the annual fee paid and that which would be payable in the province of Ontario except that such fees and/or road taxes shall be limited to the annual registration fees and/or road taxes paid in respect of one PMV (which includes a motorcycle where this is the primary method of transportation).
(b) At locations outside Canada where an employee's PMV is subject to compulsory technical control inspection, the employee may be reimbursed the costs of such inspection in respect of one PMV, when supported by appropriate receipts or documentation.
Guideline
Section 30.04 shall apply to one employee only of an employee-couple who are assigned to the same post, unless the deputy head determines that application to each such employee is justified by program requirements.
Post Parking Expenses
30.05 The deputy head shall authorize the payment of the actual and reasonable expenses of parking facilities at the employee's place of work at no cost to the employee, where:
(a) in the opinion of the deputy head, the employee has duties, responsibilities, rank or position which make the payment of such expenses necessary; or
(b) in the opinion of the deputy head, public transportation at the post is not available or is not satisfactory by Canadian standards and employees must regularly use their PMV for transportation to work.
Instruction
Section 30.05 of this directive shall apply to one employee only of an employee-couple who are assigned to the same post, unless the deputy head determines that application to each such employee is justified by program requirements.
Commuting Assistance
30.06 In determining whether commuting assistance is warranted, it should be borne in mind that the basic government policy on commuting is that, under normal circumstances, employees are expected to report for work at their own expense. Assistance is available where excess commuting costs result from an employee's allocation to Crown-held accommodation or to privately-leased accommodation in a location approved by management, in accordance with Sections 30.07 to 30.13, inclusive.
Definitions
30.07 In this directive:
(a) adequate public transportation (transport en commun satisfaisant) means public transportation between a suitable residential location and the workplace, which, in the opinion of the deputy head,
(i) is not unsatisfactory due to security or other factors, and
(ii) is suitably scheduled to coincide with the time of commencement and ending of an employee's work schedule;
(b) commuting assistance (aide de transport quotidien) means the actual commuting costs minus the commuting share;
(c) commuting share (quote-part des frais de transport quotidiens) means the lesser of:
(i) the cost of a monthly OC Tranpso Adult Regular pass for the calendar month in which commuting assistance is being claimed, or
(ii) where a claim is for less than a full calendar month, the daily round trip ticket cost by OC Transpo, based on the lowest available daily OC Transpo fare, times the number of days for which commuting assistance is being claimed, to a maximum of the monthly OC Transpo Adult Regular pass rate,
except that where an employee purchases a long-term pass/ticket, the commuting share is payable for the duration of the ticket in accordance with Section 30.11;
(d) commuting cost (frais de transport quotidien) means an employee's commuting costs by the most economical means of transport for a daily return journey between the employee's residence and workplace determined in accordance with Section 30.08 for the period during which commuting assistance is being claimed;
(e) post kilometric (mileage) rate (taux de kilométrage (millage) à la mission) means the rate claimable in cents per kilometre (mile) for authorized use of a PMV at the post when an employee requests permission to use a PMV for commuting purposes and the employer agrees. This rate shall be established by the Deputy Minister of Foreign Affairs, by adjusting the traveller-request rate quoted in the NJC Travel Directive as applicable to Ottawa, to exclude the fuel/gasoline cost component of that rate and replace it with a component based on the fuel/gasoline cost incurred by employees at the post;
Guideline
Adjustments to the post kilometric (mileage) rate are made whenever a post reports an increase in the cost of fuel/gasoline. Consequently, the post kilometric (mileage) rate for commuting assistance shall be revised annually on April 1st of each year and also on such other dates as the traveller-request rate for official travel at the post is adjusted by the Deputy Minister of Foreign Affairs.
(f) suitable residential location (lieu de résidence convenable) means a location at which, in the opinion of the deputy head, employees could reside, taking account of such factors as:
(i) availability of residential accommodation,
(ii) educational facilities where required,
(iii) environmental conditions - such as security, etc.,
(iv) official hospitality requirements, and
(v) availability of adequate public transportation.
30.08 An employee may claim commuting assistance in accordance with Sections 30.09, 30.10, 30.11, 30.12 or 30.13, with respect to a given calendar month, where the commuting share is less than the commuting cost.
Instruction
Absence from work only affects commuting assistance where the employee does not incur commuting costs during such absence. For example, an employee who has been authorized to use a PMV for commuting purposes could not claim commuting assistance during such absence, whereas an employee who has purchased an annual ticket/pass would continue to receive normal commuting assistance. Employees should not be compensated for commuting costs which could have been avoided.
30.09 Situations where the Employee has no Control Over the Choice of Location of Residential Accommodation
(a) Where adequate public transportation exists, a claim may be made for the cost of public transportation between the employee's workplace and residence which exceeds the commuting share for that portion of the cheapest available ticket (weekly, monthly, quarterly, annually) that pertains to the calendar month for which commuting assistance is being claimed, regardless of the method of transportation actually used by the employee.
(b) Where adequate public transportation does not exist, and
(i) transportation is made available by post management, no other form of assistance should normally be applied; where such service is used, the employee shall pay a commuting share; for purposes of this section only, the commuting share shall be as determined by the deputy head, having regard to local conditions and the service provided and may be less then the commuting share as defined in Section 30.07(c).
(ii) where the authorized use of a PMV is the most economical form of commuting that is practicable, a claim may be made for commuting assistance for the shortest return distance between the employee's workplace and residence which exceeds the commuting share, on the basis of the traveller-requested post mileage/kilometric rate plus applicable tolls for the number of days commuting which actually took place in a given calendar month.
30.10 Where the Employee has Control Over the Choice of Location of Residential Accommodation
(a) Where adequate public transportation exists, a claim may be made for the lesser of public transportation costs:
(i) between the employee's place of work and residence; or
(ii) between the employee's place of work and the distance to the outer limits of the furthest suitable residential location at the time the accommodation was acquired,
for that portion of the cheapest available ticket (weekly, monthly, quarterly, annually) which exceeds the commuting share and pertains to the calendar month for which commuting assistance is being claimed, regardless of the method of transportation actually used by the employee.
(b) Where adequate public transportation does not exist, a claim may be made for commuting assistance as in Section 30.09(b), except that, where the use of a PMV is authorized, the lesser of the shortest return distance:
(i) between the employee's place of work and residence, or
(ii) between the employee's place of work and the distance to the outer limits of the furthest suitable residential location at the time the accommodation was acquired,
shall be used.
30.11 Where commuting assistance is authorized under Sections 30.09(a) or 30.10(a), the employee may claim reimbursement for the actual cost of a long-term pass/ticket at the time of purchase; in such situations the commuting share shall be:
(a) the cost of the OC Transpo Adult Regular pass on the day the long-term ticket/pass is purchased, where the commuting share is paid in advance for the period of the long-term pass/ticket; or
(b) the cost of the OC Transpo Adult Regular pass on the first day of each month for which commuting assistance is claimed, where the commuting share is not paid in advance for the period of the long-term pass/ticket;
whichever is applicable.
30.12 Where an employee's posting is terminated before the expiry date of a long-term pass/ticket and the employee is entitled to a refund of the unused portion of such ticket, the employee shall reimburse the employer the refundable amount less any commuting share which was deducted at the time the ticket/pass was purchased and which is applicable to the refundable portion of the ticket/pass.
30.13 Where an employee is provided with a Crown-held vehicle under the provisions of Section 30.01, commuting assistance may be claimed in accordance with Section 30.09(b)(ii) or 30.10(b).
Guideline
It should be noted that where management requires an employee to use a PMV on official government business, this cost is not reimbursable under the commuting assistance policy; compensation should be provided in accordance with the NJC Travel Directive, with post mileage/kilometric rates as determined by the Deputy Minister of Foreign Affairs.
Education Transportation
30.14 Where an employee serving at a post is in receipt of an education allowance pursuant to FSD 34 - Education allowances in respect of a dependent child residing at the post and school transportation is not provided by the school or incorporated in the school fees, post management may extend assistance to that employee for the transportation of a dependent child to and from school.
Instructions
1. It is the responsibility of post management to approve for payment the most economical and practical method of transporting school children to and from school where such transportation is not provided through facilities arranged by the school.
2. The expenses which may be approved by post management include the actual cost of commercial transportation, transportation by Crown-held vehicle, and/or transportation by PMV and the transportation expenses of an escort where this is necessary due to local circumstances such as distance, the availability of public transportation and safety. It is expected that pooled facilities will be used wherever practical in the circumstances.
3. Normally, local transportation is provided for one return trip each school day between the student's place of residence and place of education. In special situations, Post Management Committees may authorize local transportation expenses for more than one return trip each school day. Special situations would include situations where:
(a) the child is not permitted to remain in school during the mid-day break;
(b) supervision is not provided during the mid-day break;
(c) instruction is scheduled to provide a mid-day break in which children are expected to return home.
30.15
(a) Where the use of a PMV has been authorized under Section 30.14, assistance shall be based on the traveller-requested post kilometric (mileage) rate, as determined by the Deputy Minister of Foreign Affairs. Where a dependent student drives a PMV to and from a place of education, assistance shall also include reimbursement of actual and reasonable daily parking charges at or near the educational institution but shall not include parking charges incurred when transporting children to and from school.
(b) For purposes of Section 30.15(a), the lower kilometric/mileage rate is established by the Deputy Minister of Foreign Affairs by adjusting the Lower Kilometric/Mileage Rate as approved by the National Joint Council and quoted on the Treasury Board of Canada Government Travel web site www.tbs-sct.gc.ca/pubs_pol/hrpubs/tbm_113/menu-travel-voyage-eng.asp, to exclude the fuel/gasoline component of that rate and replace it with a component based on the fuel/gasoline cost incurred by the employee at the post;
Instruction
Where school-provided transport is available and an employee chooses to use a PMV to transport a child to school, the maximum amount of assistance which may be claimed shall not exceed the cost of school-provided transport, unless there are exceptional or extenuating circumstances which justify assistance in accordance with Section 30.15.
Forms
Post Transportation and Related Expenses (FSD 30)
Motor Vehicle Rental Agreement
TBS/SCT 330-198 (Rev 89)