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FSD 64 - Emergency Evacuation and Loss

Scope

Introduction

This directive is designed to provide for the emergency evacuation of an employee and/or a dependant from a post in the event of hostilities, natural disaster or other threatening circumstances; to safeguard an employee's material possessions during such absence; and to provide compensation for any loss resulting from the event which causes the evacuation.

These related provisions recognize that emergency evacuation from a post may result in an unanticipated financial burden on the employees involved. The following provisions have been developed to assist in defraying such expenses during the period of evacuation.

It is the responsibility of individual departments which are or may be involved in evacuation procedures to coordinate the implementation of the provisions of FSD 64 and related directives.

Directive

64.1 Application

64.1.1 The deputy head, or where insufficient time or inadequate communications exist, the senior officer at the mission, may authorize the emergency evacuation of an employee and/or a dependant from a post to a suitable location, including Canada, and if subsequent conditions warrant, their return to the post where:

  1. hostilities, natural disaster or other threatening circumstances necessitate such evacuation in order to ensure the safety of the person concerned;
  2. no effective purpose, in particular the protection and emergency evacuation of other Canadian nationals, would be served by having the employee remain on duty at the post; and
  3. such evacuation is more reasonable and expedient than direct transfer to another post or to Canada in accordance with FSD 15 - Relocation.

64.1.2 An employee evacuated pursuant to this directive is deemed to be on duty from the day of departure from the post until the return to that post or assignment to another post or to Canada as the case may be.

64.2 Travelling and Living Expenses

64.2.1 Where the deputy head has authorized an emergency evacuation of an employee and/or dependant from a post to an approved evacuation location, the deputy head shall authorize payment of the following expenses:

  1. actual and reasonable travelling expenses between the post and the approved evacuation location;
  2. actual and reasonable accommodation expenses;
  3. meals in accordance with Appendix C or D, as applicable, of the NJC Travel Directive;
  4. one daily incidental allowance per family unit in accordance with Appendix C or D, as applicable, of the NJC Travel Directive; and
  5. the cost of telephone calls in accordance with the NJC Travel Directive from the approved evacuation location to the post where the employee and dependants are separated. However, telephone calls shall not be reimbursed where an incidental expense allowance is paid for travel within Canada or the continental U.S.A.

64.3 Additional Expenses

64.3.1 In addition to the provisions of subsection 64.2.1, the deputy head may approve reimbursement for costs related to the evacuation which are not otherwise covered. Possible expenses include, but are not necessarily limited to:

  1. the cost of two five minute person-to-person long distance telephone calls, one to an employee's relative or designated next-of-kin and one, if applicable, to a spouse's or common-law partner's relative or designated next-of-kin;
  2. shipment of pets, normally as accompanying baggage, or by air freight if necessary;
  3. an accountable commercial transportation allowance of $100 CAD weekly at the approved evacuation location, except where:
    1. the approved evacuation location is the employee’s headquarters city and there is a PMV in storage, in which case the allowance is limited to one week; or
    2. an advance has been authorized for the purchase of a replacement vehicle and the employee and/or dependants have taken delivery of the replacement vehicle;
  4. an additional accountable commercial transportation allowance in Canada, where a rental car is used for school transportation; and/or
  5. boarding of pets:
    1. at the post for the period of the evacuation; or
    2. at the evacuation location in the event that hotels do not accept pets.

64.3.2 The amounts specified in paragraphs 64.3.1(c) and (d) are not to exceed the amount as determined by the deputy head for rental of a mid-size vehicle on a monthly basis.

64.4 Living Expenses in Temporary Accommodation at Post

64.4.1 Where emergency evacuation conditions exist and the employee is required to remain at the post in temporary accommodation, the deputy head shall authorize payment to an employee for actual and reasonable expenses for accommodation and meals. Incidentals shall be paid in accordance with the NJC Travel Directive.

64.4.2 Actual and reasonable expenses for meals should not normally exceed the full daily meal allowance for the post as specified in Appendix C or D, as applicable, of the NJC Travel Directive. However, where conditions at the post result in higher costs, the deputy head may authorize payment which exceeds the applicable full daily meal allowance.

64.4.3 Where employees are required to share accommodation due to the emergency evacuation conditions at the post, the provisions of section 25.13 of FSD 25 – Shelter may apply.

64.5 Accountable Advances for Purchase of Essential Household Effects

64.5.1 Upon evacuation of the employee and/or dependants, the deputy head may authorize one or more accountable advances to replace essential items of household effects, clothing or children's toys which have been left at the post and, in the event of evacuation to a third country, essential items which duplicate those in storage at headquarters. Advances may only be used to purchase items which duplicate items listed on the employee's inventories. Subsection 64.10.2 refers to compensation where items which have been replaced are subsequently recovered. The maximum amount of the advance(s) shall not exceed:

  1. $2,500 for an employee; or
  2. $2,500 for the spouse or common-law partner of an employee, where an employee is not evacuated or the spouse or common-law partner of an employee precedes the employee on emergency evacuation; and
  3. $1,000 for an employee where the employee's spouse or common-law partner has received an advance of $2,500; and
  4. $1,000 for each dependant accompanying the employee and/or spouse or common-law partner on emergency evacuation.

64.5.2 Notwithstanding that an employee and/or dependants may have received an advance for the purchase of essential items following emergency evacuation, where the mission has been unable to ship the employee's household effects, the deputy head may authorize a further accountable advance up to the depreciated value of the household effects left at the post from which the employee was evacuated, as listed in the employee's inventory, reduced by the amount of any previous advance made for the purchase of essential items left at the post, when:

  1. the employee is officially notified of a cross-posting or an assignment to duty in Canada other than temporary duty; or
  2. the family is reunited in permanent accommodation.

64.5.3 Notwithstanding FSD 4 - Accountable Advances, an accountable advance may be issued to a dependant for any expenditure authorized under FSD 64 and related provisions where an employee accepts responsibility for repayment in accordance with this Directive. Where such accountable funds are issued to a dependant, they are deemed to be issued to the employee.

64.6 Removal of Household Effects from Long-Term Storage

64.6.1 Where items stored pursuant to FSD 15 - Relocation are required by the employee and/or dependant, the deputy head may authorize the necessary arrangements and approve for payment the expenses for packing, crating, transporting, unpacking and other costs related to the removal of such effects.

64.7 Safeguarding of Employees' Household Effects

64.7.1 The deputy head at the mission is authorized to approve actual and reasonable expenditures of public funds in order to safeguard the employee's material possessions against the events which caused the evacuation.

64.8 Loss and Damage of Employees' Household Effects

64.8.1 The purpose of this section is to compensate an employee for damage/loss of personal and/or household effects, including monetary loss, where such loss is attributable to an emergency evacuation or to a natural disaster or catastrophic event which:

  1. would only be insured by a "high-risk" policy of insurance; or
  2. would have been avoided or minimized if the employee had not been evacuated; and/or
  3. would otherwise have been covered by the employee's standard policy of insurance, which has been invalidated by the insurer.

64.8.2 Subject to subsection 64.8.6, where an employee has suffered loss and/or damage of material possessions because the events described in section 64.1 have occurred, whether or not there has been an emergency evacuation, the deputy head may authorize compensation for such loss/damage up to the maximum amount established in section 15.19 of FSD 15 - Relocation for loss and/or damage of personal and household effects, and for monetary loss only in the form of bank deposits, up to an amount equal to six months' salary, where:

  1. compensation shall be determined in accordance with the relevant provisions of FSD 15 - Relocation, for damage and/or loss of household effects on relocation, as appropriate;
  2. the employee shall submit an updated inventory following emergency evacuation which is based on the inventory of effects shipped to the post and clearly indicates any additions or deletions to the inventory subsequent to arrival at the post;
  3. for those items obtained after arrival at post and not yet added to the employee's inventory, reimbursement will be considered on the basis of proof of purchase and possession acceptable to the deputy head;
  4. the inventory for relocation to the post will be used where inventories have not been updated prior to the evacuation;
  5. the amount of compensation, if any, to be paid for monetary loss, where the deputy head considers that the employee has not taken reasonable precautions against such loss, shall be determined by the appropriate foreign service interdepartmental coordinating committee; and
  6. compensation shall include the amount of any insurance deductible charged against a special high-risk insurance policy which provides protection from natural disasters, civil unrest, or other events which may cause an emergency evacuation.

64.8.3 Where employees are evacuated and do not return to post, claims up to $500 for the loss of foodstuffs and perishable items will be accepted without receipts. Alternatively, claims beyond this amount should be supported by receipts, for all losses claimed.

64.8.4 Where employees are evacuated and return to post, claims up to $500 for the loss of foodstuffs and perishable items shall be considered by the deputy head on the recommendation of mission administration. Alternatively, claims beyond this amount may be considered, when supported by receipts, for all losses claimed.

64.8.5 It is the employee's responsibility to take out a standard tenant's policy of insurance for personal and household effects. Except as specified in subsections 64.8.1, 64.8.7 and 64.8.8, a claim for damage/loss of effects which would be covered by such a policy will not be considered under this directive.

64.8.6 Any reimbursement from insurance or other source received by the employee as payment for incurred losses shall be reported by the employee and deducted from the compensation referred to in this section.

64.8.7 In the absence of a standard tenant's policy of insurance for personal and household effects, an employee may only claim compensation for damage/loss of effects where:

  1. a standard tenant's policy of insurance for personal and household effects would not cover the risk or would be invalidated by that risk; or
  2. the damage/loss would have been avoided or minimized if the employee had not been evacuated.

64.8.8 The amount of compensation payable for loss/damage of effects shall be reduced by an amount determined by the deputy head, on the advice of the appropriate foreign service interdepartmental coordinating committee, to reflect the cost of a standard tenant's policy in Ottawa for personal and household effects, on the basis of the employee's inventory, for the period of time from the date of occupancy of permanent accommodation at the post to the end of the policy year in which the evacuation occurred.

64.9 Deemed Loss

64.9.1 The deputy head may, on the advice of the Head of Mission, and with the concurrence of the appropriate foreign service interdepartmental coordinating committee, deem effects to have been lost following an emergency evacuation if recovery has not been effected within 12 months of the employee's departure from the post.

64.10 Compensation for Loss/Damage

64.10.1 Compensation for loss of personal and household effects which are not recovered following emergency evacuation shall be in accordance with the provisions of FSD 15 - Relocation for compensation for damage or loss of household effects.

64.10.2 Compensation for loss/damage of personal and household effects which are subsequently recovered following emergency evacuation shall be in accordance with the provisions of FSD 15 - Relocation, related to loss/damage except that the employee shall have the option of:

  1. retaining recovered articles which have been duplicated under the provisions of section 64.9, in which case compensation shall be limited to one-half of the replacement cost value of the articles recovered; or
  2. refusing acceptance of recovered articles which have been duplicated under the provision of section 64.9 in which case compensation shall be in accordance with the replacement cost value of the articles recovered, and ownership of such articles shall vest in the Crown.

64.10.3 The employee has the right to claim compensation for loss/damage of personal and household effects in accordance with this directive or FSD 15 - Relocation, except that an employee shall not claim compensation for the same article more than once, whether under the provisions of the Foreign Service Directives or a private insurance policy.

64.10.4 In the case of loss or damage for which compensation is not otherwise payable under this directive or under FSD 15 - Relocation, the deputy head may request the President of the Treasury Board to authorize the payment of such reasonable compensation as is considered appropriate, having regard to the circumstances.

64.11 Accounting and Claim Procedure for Loss and Damage

64.11.1 An employee who has been issued an advance under these provisions shall submit receipts to substantiate the purchase of essential household effects, clothing and children's toys within 90 days of the issuance of the advance.

64.11.2 Where there is actual or deemed loss/damage of household effects, an employee who has received an accountable advance under these provisions shall submit a claim for compensation to settle the advance in accordance with the provisions of this Directive and FSD 15 - Relocation related to loss/damage of effects within 90 days, whichever is the earliest, from the date:

  1. of taking possession of household effects;
  2. the deputy head establishes that household effects have been lost; or
  3. effects are "deemed lost" by the deputy head.

64.11.3 Where an employee has not received an advance under these provisions and there is an actual or deemed loss/damage of household effects, the employee shall submit a claim for compensation in accordance with FSD 15 - Relocation, subject to the provisions of section 64.10.

64.11.4 An employee who has received an accountable advance in accordance with these provisions and who is not submitting a claim against the Crown for damage/loss of household effects, shall account for such advance in full:

  1. immediately upon settlement from a third party, for example, private insurer; or
  2. within 90 days from the date of taking possession of household effects, whichever is earlier.

64.12 Private Motor Vehicle

64.12.1 Where an employee has been unable to sell the automobile privately and the mission has been unable to sell or ship the automobile within six months of the employee's evacuation, the employee shall have the following options:

  1. ask the mission to continue efforts to ship; or
  2. ask the mission to continue efforts to sell; or
  3. request Crown purchase, in which case the deputy head shall arrange for the purchase of the automobile by the Crown.

64.12.3 Where the automobile is purchased by the Crown, the following purchase price shall apply:

  1. for an automobile more than one year old, the retail value as determined by the deputy head on the recommendation of the appropriate foreign service interdepartmental coordinating committee:
    1. as at time of shipping, where the employee/dependant has not taken possession of the automobile at the post; or
    2. as at time of the employee's evacuation, where the automobile has been in use at the post, except that where the Head of Mission has authorized safe storage of the automobile prior to the employee's evacuation, the retail value shall be determined at the time the automobile is placed in safe storage; or
  2. for an automobile less than one year old, the retail value as determined by the deputy head on the recommendation of the appropriate foreign service interdepartmental coordinating committee, or purchase cost depreciated by 2% per month for each month from the date of possession, excluding periods where the Head of Mission has authorized safe storage, whichever is the greater, except that where the employee/dependant has never taken possession of the automobile, no depreciation shall apply.

64.12.4 An employee may request an accountable advance for the purchase of a replacement automobile at any time within six months of an evacuation. The advance shall not exceed the Crown's purchase price of the automobile left at the post, as determined under subsection 64.12.3 and shall be repaid in full at the time:

  1. the automobile at the post is purchased by the Crown; or
  2. the automobile at the post is sold privately; or
  3. the employee/dependant takes delivery of the automobile; or
  4. the replacement vehicle is sold; or
  5. one year from the date of the employee's evacuation, whichever is earliest.

64.12.5 Should an employee not elect for the accountable advance under subsection 64.12.4, the employee may request an accountable advance for a replacement automobile for use by evacuated dependants, where the employee remains at the post and the dependants are evacuated for a period of more than 30 days. The advance shall not exceed the retail value of the automobile at the post as determined under subsection 64.12.3 and shall be repaid in full at the time:

  1. the employee's dependants return to the post;
  2. the replacement vehicle is sold;
  3. the employee is subsequently evacuated; or
  4. the employee is reassigned, whichever is earliest.

64.12.6 Where an employee is subsequently evacuated the provisions of subsection 64.12.4 apply.

64.12.7 Where an employee is reassigned from a post where evacuation procedures are still in effect and is unable to sell or to ship the automobile, the deputy head may authorize Crown purchase of the automobile, the purchase price to be determined as in subsection 64.12.3.

64.12.8 Where normal insurance coverage does not apply to loss or damage of an automobile due to riot, insurrection or like risks, a claim may be made in accordance with the general principles of international law concerning state responsibility. In unusual circumstances, a submission for compensation for loss or damage to an automobile may be made to the President of the Treasury Board.

64.13 Impact of an Emergency Evacuation on Other FSD Provisions

64.13.1 The posting loan repayments continue throughout the period of an emergency evacuation. However, at the request of the employee, the repayments may be suspended from the date of evacuation of the employee. No interest shall be calculated on the principal during the period of suspension.

64.13.2 Where the repayment of the posting loan has been suspended, the repayment shall resume on return to post, on cross-posting, or on assignment to duty in Canada, other than temporary duty, with the repayment period extended to recognize the period of suspension.

64.13.3 Where an employee and accompanying dependant(s) have been evacuated in accordance with the provisions of this directive, shelter cost shall continue to be paid in accordance with FSD 25 - Shelter.

64.13.4 Where a dependent child is evacuated under this directive, section 34.8 of FSD 34 – Education Allowances may be applied at the discretion of the deputy head.

64.13.5 Subject to managerial discretion as outlined in subsection 50.11.2, an employee and/or dependants may be authorized to use the provisions of FSD 50 – Post Travel Assistance for travel away from the approved evacuation location.

64.13.6 Family Reunion may be authorized by the deputy head for travel to the approved evacuation location in lieu of travel to the post, subject to the provisions of FSD 51 – Family Reunion.

64.13.7 The provisions of FSD 55 - Post Living Allowance apply as specified in section 55.5 – Temporary Absence.

64.13.8 The provisions of FSD 56 – Foreign Service Incentive Allowances, section 56.2 – Foreign Service Premium apply as specified in section 56.9 – Temporary Absence of Dependant.

64.13.9 The provisions of FSD 58 – Post Differential Allowance apply as specified in section 58.6 – Temporary Absence.

64.13.10 Where the deputy head determines that an employee and/or dependants who were evacuated pursuant to this directive will not return to post, employees shall receive notification in writing of the decision and the provisions of these directives shall apply as follows:

  1. the provisions of FSD 15 – Relocation shall apply with the exception of the travelling expenses commencing on the date of notification of relocation;
  2. where the employee and/or dependants were not evacuated to the headquarters city or new place of duty, actual and reasonable travel expenses from the approved evacuation location to the employee’s headquarters city or new place of duty will be approved under this directive;
  3. where a spouse or common-law partner is relocated to the headquarters city as specified in subsection 64.13.10 and the employee continues the assignment at the post, FSD 18 – Special Family Separation Assistance may apply; and
  4. where the deputy head determines that an employee and/or dependants who were evacuated pursuant to this directive will be posted to another post in lieu of returning to the headquarters city, the deputy head shall determine whether the provisions of FSD 15 – Relocation will apply for the relocation of the employee and/or dependants from the former post to Canada to the new post or directly from the former post to the new post. Where the deputy head determines that the provisions of FSD 15 – Relocation will apply from the former post to the new post directly, the deputy head may continue to apply the provisions of this directive.

64.14 Managerial Discretion

64.14.1 At the discretion of the deputy head, subsection 64.6.1 may be applied to effects remaining at the employee's post.

64.14.2 At the discretion of the deputy head, personal clothing which the employee has duplicated and which remains in storage away from the employee's place of duty may be deemed to have been lost.

64.14.3 At the discretion of the deputy head, all or any of these provisions may be extended to employees who are reassigned from a post where evacuation procedures are in effect.