FSD 9 - Medical and dental examinations
Introduction
The employer wishes to ensure through preventive services that employees and their dependants are medically fit for service abroad. Examinations for this purpose will normally be provided by Health Canada. Where Health Canada is not in a position to conduct the examinations or the deputy head authorizes use of a private facility, the employer will pay the costs of related expenses for examinations conducted at a private facility. Health Canada has been delegated authority to amend the appendix to this directive as and when required.
Directive 9
9.01 Prior to each posting an employee and each dependant who
(a) is to reside with the employee at a post, or
(b) is to be in full-time attendance at an educational institution outside of Canada,
shall have the right to a medical examination, or may as a condition of posting be required to undergo a dental and/or a medical examination which shall include specialist services, psychological assessments, x-rays and immunization against diseases as required. The posts for which pre-posting dental examinations are required are listed in the appendix to this directive, and published on the Department of Foreign Affairs and International Trade's website.
Where an employee is posted to a hardship post, as specified in FSD 58 - Appendix, the cost of a pre-posting eye examination will be reimbursed for employees and their dependant(s). Pre-posting eye examinations are not mandatory for the issuance of a Posting Confirmation Form (or equivalent).
Instruction
Where a dental examination is required, such dental examination shall include an assessment of any special dental treatment which may be required prior to or during the employee's assignment.
9.02 The dental examination, medical examination and related hospitalization and any special examination required shall be administered in the manner prescribed by Health Canada at a Canadian government facility. In special circumstances, the deputy head may authorize the use of a private facility.
Instruction
The employer shall pay the cost of the medical and dental examinations at a private facility only where:
(a) Health Canada is not in a position to conduct such examinations, or
(b) the deputy head considers a private facility to be more appropriate.
9.03
(a) An assessment as to fitness for duty prepared by Health Canada shall be submitted to the deputy head with respect to any medical examination administered pursuant to this directive.
(b) An assessment as to the requirement for dental treatment which is not available at the employee's post shall be submitted by Health Canada to the deputy head with respect to any dental examination administered pursuant to this directive.
Instruction
The assessment as to fitness for duty prepared by Health Canada does not contain confidential medical information. Confidential medical information is available to an employee under the Privacy Act, or may be obtained informally by an employee from Health Canada.
9.04 Whenever medical matters are at issue, employees shall have the right to have their personal physician submit a written medical opinion to Health Canada. That department shall review such opinion and submit another assessment as to fitness for duty to the deputy head, taking into consideration the medical opinion of the employee's physician.
9.05
(a) Where a variance in the written medical opinion submitted pursuant to Sections 9.03(a) and 9.04 is significant, Health Canada may request a third and independent written medical opinion which shall be taken into consideration in resubmitting an assessment as to fitness for duty to the deputy head.
(b) Where the deputy head is not satisfied with the assessment as to fitness for duty and a third and independent written medical opinion has not been obtained by Health Canada, the deputy head may request that a third and independent written medical opinion be submitted to Health Canada, which shall take such opinion into consideration in forming an assessment as to fitness for duty
9.06 In arriving at a decision concerning the assignment of an employee, the deputy head shall give consideration to the medical and dental assessments submitted pursuant to Sections 9.03, 9.04 and 9.05.
Instruction
Where, after taking into account any medical assessment as to fitness for duty provided, the deputy head determines that an employee cannot be posted for medical reasons, the employee shall be so informed.
9.07 The deputy head shall authorize:
(a) payment of actual and reasonable medical examination expenses, and/or
(b) payment of actual and reasonable dental examination expenses for examinations conducted as a condition of posting to those posts listed in the appendix to this directive,
and, where appropriate,
(c) payment of travelling expenses, as defined in FSD 2.01(cc), which means expenses for air transportation and local transportation to and from airports at the points of departure and destination and, when authorized in advance by the deputy head, for accommodation, meals and local transportation to and from the airport for a necessary stopover, where it is not possible or practicable to arrange an itinerary which will permit continuing travel to the approved destination.
9.08 Where the use of a private facility is authorized by the deputy head, the written opinion and professional account shall be submitted to Health Canada and the account shall be verified and recommended for payment when the quality of the written opinion is satisfactory to Health Canada.
9.09 Where it is necessary for a medical or dental examination authorized under this directive to be conducted during normal working hours, the employee shall be considered to be on duty for the period required for such examination.
9.10 Where an employee is required to undergo a medical or dental examination authorized under this directive and it is not possible to conduct such an examination during scheduled working hours, the deputy head may authorize overtime compensation as provided for in the applicable collective agreement for the period required for such examination.
9.11 Expenses incurred by the employee pursuant to Sections 9.02 and 9.04 shall not be a charge against the employee's health or hospitalization insurance plan.
Instruction
This directive also covers a cross-posting.
Guideline
Provisions for preventive medical services expenses other than pre-posting ones are covered in FSD 38 - Preventive medical services expenses.
Appendix
Posts for which Pre-posting Dental Examinations are Required
April 1, 2009
Abidjan, Ivory Coast
Abuja, Nigeria
Accra, Ghana
Addis Ababa, Ethiopia
Algiers, Algeria
Amman, Jordan
Baghdad, Iraq
Bamako, Mali
Beijing, P.R. China
Belgrade, Serbia
Bratisllavia, Slovakia
Bridgetown, Barbados
Bucharest, Romania
Chandaghar, India
Chonquing, China
Colombo, Sri Lanka
Cotonou, Benin
Dakar, Senegal
Damascus, Syria
Dar-es-Salaam, Tanzania
Dhaka, Bangladesh
Georgetown, Guyana
Guangzhou,China
Hanoi, Vietnam
Harare, Zimbabwe
Havana, Cuba
Ho Chi Minh City, Vietnam
Islamabad, Pakistan
Katmandu, Nepal
Kigali, Rwanda
Kingston, Jamaica
Kinshasa, Zaire
Kyiv, Ukraine
Lagos, Nigeria
La Paz, Bolivia
Libreville, Gabon
Lusaka, Zambia
Managua, Nicaragua
Mumbai, India
Nairobi, Kenya
Niamey, Niger
Ouagadougou, Burkina-Faso
Panama City, Panama
Port-au-Prince, Haiti
Prague, Czech Republic
Pristina, Kosovo
Quetta, Pakistan
Quito, Ecuador
Rabat, Morocco
San Jose, Costa Rica
San Salvador, Salvador
Santo Domingo, Dominican Republic
Sarajevo, Bosnia
Shanghai, P.R. China
Tegucigalpa, Honduras
Tehran, Iran
Tirana, Albania,
Tripoli, Libya
Tunis, Tunisia
Warsaw, Poland
Yaounde, Cameroon
Zagreb, Croatia
Notwithstanding the provisions of Section 107 of the Public Service Labour Relations Act, revisions to this Appendix shall not constitute a change in terms and conditions of employment for employees subject to the Foreign Service Directives.
FSD 10 - Posting loan
Introduction
This directive provides for a loan to employees, on an as-needed basis, normally so that they may purchase items needed at post or to otherwise facilitate the posting. Items may include clothing and foodstuffs and a private motor vehicle, for the employee's use at a post. The intent of FSD 10 is not to fund personal investments.
The employee will be required to identify the purpose of the loan.
Directive 10
Maximum Loan Amount
10.01 Subject to the discretion of the deputy head and the limitations and conditions of this directive, an employee may be granted an interest-bearing posting loan in an amount not exceeding the lesser of the following amounts:
(a) fifty per cent of the employee's gross annual salary; and
(b) $37,638, (or such amount as shall be established annually on April 1st in accordance with the methodology agreed to in the National Joint Council Committee on Foreign Service Directives). (revised April 1, 2009)
Eligibility
10.02 A posting loan may be granted to an employee:
(a) who is notified officially in writing of an impending assignment to a post; or
(b) who is on assignment at a post where a posting loan was not granted in anticipation of that assignment; and/or
(c) who has been granted a posting loan and is notified officially in writing of an impending assignment from one post to another post.
Instructions
1. A posting loan is normally granted in advance of posting or during the first twelve months of an assignment at a post.
2. A posting loan may be granted following completion of twelve months of duty at a post for reasons acceptable to the deputy head.
3. A posting loan may only be granted during the last twelve months of an assignment at a post in exceptional circumstances for reasons acceptable to the deputy head or where an employee is notified officially in writing of an impending assignment from one post to another post.
Timing
10.03 Where a loan is approved following notification of posting or cross-posting, the funds may be released to the employee up to 90 days prior to the official date of departure from Canada or from the employee's previous post.
Previous Loan
10.04 Where a loan is granted in accordance with Section 10.02(c), the maximum amount of the loan shall not exceed the amount available under Section 10.01 at the time of official notification of cross-posting, reduced by the outstanding principal of the previous loan, and repayment shall be in accordance with Section 10.08.
Renegotiation
10.05 Where a posting loan has been granted in accordance with Section 10.02, the employee may:
(a) negotiate a supplementary loan, on one occasion only, for an amount of $1,500 or over, up to the maximum amount that would have been available under Section 10.01 when the original loan was approved. The additional amount would be at the current interest rate for posting loans.
(b) renegotiate the term of the loan to a maximum of 4 years, with no change in interest rate.
(c) renegotiate the loan to reflect a higher loan payment with a corresponding decrease in the term of the loan, with no change in interest.
Instructions
1. The provisions of Section 10.05 are available at any time following approval of each loan, except that, during the last twelve months of an assignment at a post, the supplementary loan may only be granted in exceptional circumstances for reasons acceptable to the deputy head.
2. Where a posting loan has been granted to the maximum amount available under Section 10.01, the employee is not eligible for the provisions of Section 10.05(a).
3. The provisions of Section 10.05 are not available when a loan has been repaid in full.
Guideline
The total amount available as a combined posting loan and supplementary posting loan is the amount available under Section 10.01 when the initial loan was approved. For example:
1. Maximum amount available: $25,000. Employee is granted a posting loan of $10,000, repayable over two years.
After 10 months at post, employee finds it necessary to purchase a car. Although the outstanding principal has been reduced to $6,000, the loan could only be increased up to the original limit of $25,000, less the original amount issued ($10,000), i.e. a supplementary loan of up to $15,000 would be approved. The new interest rate would be a weighted average based on the outstanding principal at the original interest rate and the supplementary amount at the current rate. For example, if the original rate was 4% and the new rate is 5%, the weighted average would be ($6,000 x .04 + $15,000 x .05)/$21,000 = 4.71%.
2. Maximum amount available: $25,000. Employee is granted a posting loan of $25,000, repayable over four years.
After two years at post, employee has paid off $11,000 of the posting loan, and now applies for a $5,000 supplementary loan. This would not be permissible as employee has already been granted the maximum amount available, i.e., $25,000.
Interest Rate
10.06 Where a posting loan or supplementary loan has been approved in accordance with Section 10.02 and/or 10.05(a):
(a) the rate of interest on the initial loan shall be the prescribed rate in effect on the first day of the quarter (i.e., April 1st, July 1st, October 1st, January 1st) in which the loan is approved, such rate being established by the Department of Finance and published on the Department of Foreign Affairs and International Trade's website;
(b) the rate of interest on any supplementary loan shall be the prescribed rate in effect on the first day of the quarter in which the supplementary loan is approved, and where the new loan interest rate on the combined loan shall be a weighted average of the two rates.
(c) interest shall be calculated on the total outstanding balance of the loan, including any outstanding balance from a previous loan and any supplementary loan amount;
(d) the rate of interest shall remain fixed during the period of the loan, subject to the provisions of Section 10.05.
Guideline
On April 1, 2009, the prescribed rate was the average interest rate on 1-year treasury bills during the first month of the preceding quarter, i.e., January, 2009.
Maximum Period of Loan
10.07 Where a posting loan has been granted in accordance with Section 10.02, the repayment period shall not exceed a maximum of 48 months. Where a posting loan is renegotiated in accordance with Section 10.05(a), the repayment period shall not exceed a maximum of 48 months from the commencement of the repayment period on the original loan.
Repayment Terms
10.08 Where a posting loan has been granted in accordance with Section 10.02;
(a) interest shall be calculated and becomes payable two weeks following the day the loan is approved for deposit to the employee's bank account. These two weeks represents the average time from approval to deposit. Any interest owing between the issuance of the loan and the beginning of the repayment period will be added to the principal.
(b) the loan shall be repaid in equal bi-weekly instalments of blended principal and interest. Notwithstanding that interest becomes payable two weeks following the day the loan is approved, at the request of the employee, the repayment start date can be delayed up to the first day of the fourth month following the month in which the loan is approved, or to the first day of the month following the employee's arrival at post, whichever is the earlier.
Instruction
Where a loan is granted in accordance with Section 10.02(c), "principal" is the total amount of the loan which comprises the actual amount received by the employee plus any additional amount required to retire the outstanding principal of the previous loan.
10.09 Reserved
Early Repayment Options
10.10 An employee who has been granted a posting loan may partially repay the principal of the loan in a minimum amount of $500 on one occasion only, in which case the rate of interest shall remain unchanged and, upon request, the employee may:
(a) retain the original repayment period, in which case the total bi-weekly amount of blended principal and interest shall be reduced to reflect the reduced principal of the loan; or
(b) reduce the original repayment period, in which case the total bi-weekly amount of blended principal and interest shall be adjusted, as required, in accordance with the applicable repayment schedule, to an amount approximating as closely as possible the total bi-weekly amount prior to the partial repayment of the principal;
Loan Retirement
10.11 After confirming with the deputy head the outstanding balance of a loan, an employee shall have the right, during the term of the loan, to repay the whole of the outstanding principal and interest, with interest calculated to the end of the bi-weekly period in which the loan is retired. Where the employee utilizes this right, there is no further entitlement to any of the provisions of this directive for the duration of that assignment, including any extension of that assignment, until and unless the employee is notified officially in writing of an impending assignment from that post to another post. (See Section 10.03).
Extension of Repayment Period
10.12
(a) Notwithstanding Section 10.07, where an employee returns to Canada prior to the termination of the assignment, the deputy head may authorize the continued repayment of the loan and may also extend the repayment period to a maximum of 48 months from the commencement of the repayment period.
(b) Where the employer directs early termination of a posting and the employee's return to Canada and repayment of the loan would cause financial hardship, the deputy head may consider extending the repayment period beyond 48 months.
Cancellation of Posting
10.13 Notwithstanding Section 10.07, where an employee who has been granted a posting loan in anticipation of posting is subsequently notified officially that the assignment has been cancelled due to operational requirements as determined by the deputy head, the deputy head may authorize the repayment of the loan under the same terms and conditions as would have applied had the employee proceeded on posting, except that, in cases of financial hardship, the deputy head may consider extending the repayment period beyond 48 months.
Instruction
The terms and conditions referred to in this section are those terms and conditions of repayment which were in effect at the time the posting was cancelled and shall remain fixed until the loan is repaid.
10.14 Notwithstanding anything in this directive, where an employee:
(a) ceases to be employed before repayment is completed, the outstanding amount of the loan shall be subject to immediate recovery pursuant to the relevant provisions of the Financial Administration Act.
(b) has been granted leave without pay during the repayment period of the loan, the employee shall submit post-dated cheques to cover the bi-weekly payments during the leave without pay period. If no provision is made for settlement of the regular payments, the outstanding amount of the loan shall be subject to recovery pursuant to the relevant provisions of the Financial Administration Act.
10.15 Blank
General instructions
1. The employee shall be informed in writing of the terms and conditions of the loan, including the total cost of the loan and the rate of interest charged.
2. Provisions related to the financing of posting loans are contained in the Appendix to this directive.
Forms
Application for Loan
TBS 330-30 (Rev. June 2001) FSD 10
Appendix
Financing of loans and advances to employees posted abroad under the Foreign Service Directives
Introduction
1. To provide a convenient means of financing posting loans and certain advances to civilian employees posted abroad under the Foreign Service Directives, a working capital account has been established with the Department of Foreign Affairs and International Trade (hereinafter referred to as "Foreign Affairs").
Application
2. This Foreign Affairs' facility is available:
(a) for loans - to Foreign Affairs and all departments other than the Department of National Defence and the Royal Canadian Mounted Police to finance posting loans to employees being posted or who have been posted outside Canada under the Foreign Service Directives; and
(b) for advances - to Foreign Affairs and all departments to finance certain advances made at posts to employees outside Canada under the Foreign Service Directives;
where,
(c) The Department of National Defence and the Royal Canadian Mounted Police will continue to finance posting loans, whether made in Ottawa or at posts abroad, through accounts previously established for this purpose.
Implementation
3. Effective April 1, 1980, all posting loans, medical expense advances, accommodation security deposit advances and advances for public utilities made under the Foreign Service Directives are made from this working capital account.
Issue of loans and advances
4.
(a) Issue of loans
All duly authorized requests for issuance of Receiver General cheques for posting loans on behalf of other government departments except the Department of National Defence and the Royal Canadian Mounted Police must be submitted by the financial branch of the requesting department to the Department of Foreign Affairs and International Trade, Attention: Director, Strategic Policy, Planning and Monitoring Division (AEF).
(b) Issue of advances
The Head of Mission has been delegated authority to approve and issue to operational personnel of all government departments at posts, advances for medical expenses (FSD 42), accommodation security deposits (FSD 26), and advances for public utilities (FSD25), provided that the requests for such advances are duly recommended and/or approved by the senior program officer at the post of the department concerned.
Records of loans and advances
5. All loans and advances issued against the requisitions of a department are naturally the responsibility of that department, thus requiring it to maintain adequate accounts and records to permit the collection of repayment and any interest payable, as well as to meet the needs of the Fiscal Accounts for the accounting of the loans and advances and of any interest collected.
Repayment of posting loans
6. All posting loans will be repayable in accordance with the repayment charts for this purpose drawn up from time to time by Foreign Affairs in consultation with Finance Canada. Recovery in all instances will be through payroll deductions. Because of the fixed time restraints involved, the relative personnel pay input forms must be in the hands of the Pay Office of Government Services Canada at least three weeks prior to the pay period in which the first deduction will occur.
7. Foreign Affairs will make standing arrangements with each department concerned for the refund to the working capital account each month of all sums recovered during the month.
Repayment of advances
8. All advances made from the Foreign Affairs' working capital account will be recoverable in accordance with the requirements of the particular Foreign Service Directive involved. Each department concerned will establish procedures to ensure that repayments due from employees are in the hands of the appropriate Foreign Affairs' financial officer at the post or at Foreign Affairs' headquarters by the due date.
Repayment of loans and advances under special circumstances
9. Where an employee's tour of duty is terminated before the planned date, the department must make suitable alternative arrangements, where necessary, for the repayment of any loans or advances outstanding and advise Foreign Affairs of the arrangements made. Where loans and advances made at the post are involved, the arrangements should be made with the concurrence of Foreign Affairs.
10. If the service of an employee terminates while loans or advances are still outstanding, the normal practices will be followed to ensure that all amounts due to the Crown are recovered.
Enquiries
11. Enquiries regarding implementation details of the procedures referred to in this Appendix should be addressed to the Department of Foreign Affairs and International Trade, Attention: Director, Strategic Policy, Planning and Monitoring Division (AEF).
FSD 12 - Travelling expenses for dependants on pre-posting briefing programs
Introduction
Where the deputy head has authorized a pre-posting briefing program for a spouse or common-law partner and/or dependant(s) who accompany an employee on a posting, additional costs may be incurred as a result of such program. In such cases the deputy head may, in accordance with this directive, authorize reimbursement to the employee for actual and reasonable travelling, temporary accommodation, living, local transportation and dependant care expenses, incurred on behalf of the spouse or common-law partner and/or dependant(s).
Directive 12
12.01 Where the deputy head has authorized a pre-posting briefing program in the National Capital Region for the spouse or common-law partner and/or dependant(s) of an employee who is employed at and who resides at a place in Canada outside the National Capital Region and whose dependant(s) will be residing with the employee at the post, the deputy head may authorize payment of the following expenses incurred by the spouse or common-law partner and/or dependant(s):
(a) actual and reasonable return travelling expenses between the employee's normal place of residence in Canada and the National Capital Region;
(b) actual and reasonable accommodation and living expenses in the National Capital Region for the duration of the pre-posting briefing program;
(c) actual and reasonable local public transportation costs (including taxis when, in the judgment of the deputy head, the use of such transportation is justifiable and reasonable) for one return journey each day to the briefing centre;
(d) the cost of a weekly ten-minute station-to-station long distance telephone call at weekend discount rates from the briefing centre to the place of residence in Canada of the separated family member(s).
12.02 Where the deputy head has authorized a pre-posting briefing program in the National Capital Region for the spouse or common-law partner and/or dependant(s) of an employee who is being cross-posted and whose dependant(s) will be residing with the employee at the new post, the deputy head may authorize payment of the following expenses incurred by the spouse or common-law partner and/or dependant(s):
(a) actual and reasonable return travelling expenses between the employee's old post and the National Capital Region, where travel to the headquarters city has not been authorized for the employee and accompanying dependant(s) under the provisions of FSD 50.02(a);
(b) actual and reasonable accommodation and living expenses in the National Capital Region for the duration of the pre-posting briefing program;
(c) actual and reasonable local public transportation costs (including taxis when, in the judgment of the deputy head, the use of such transportation is justifiable and reasonable) for one return journey each day to the briefing centre;
(d) the cost of a weekly ten minute station-to-station long distance telephone call at weekend discount rates from the briefing centre to the separated family member(s) at the employee's post.
Instruction
For purposes of Section 12.02(a), travelling expenses means expenses for air transportation and local transportation to and from airports at the points of departure and destination and, when authorized in advance by the deputy head, for accommodation, meals and local transportation to and from the airport for a necessary stopover, where it is not possible or practicable to arrange an itinerary which will permit continuing travel to the headquarters city.
12.03 The deputy head may authorize payment of dependant care expenses which are incurred as a result of the absence of a spouse or common-law partner who is attending the pre-posting briefing program. These expenses are paid for dependant(s) under 18 years of age who reside permanently with the employee where these are in excess of any existing permanent dependant care arrangements. The employee shall be reimbursed actual and reasonable dependant care expenses:
(a) up to a daily maximum of $35 Canadian, per household, with a declaration; or
(b) up to a daily maximum of $75 Canadian, per household, with a receipt;
except that,
(c) where expenses for dependant care are incurred at a post, the maximum amount may be exceeded on the recommendation of the appropriate foreign service interdepartmental co-ordinating committee.
Instructions
1. Telephone calls shall not be reimbursed where the employee is receiving assistance for home communications under the NJC Travel Directive.
2. Receipts for costs incurred under Section 12.03 shall include the cost, dates of employment, and the sitter's/company's name and telephone number as well as the sitter's social insurance number (where applicable).
3. Expenses authorized under this directive shall not exceed those which would be authorized under the relevant provision of FSD 15 - Relocation.
4. Where travel is being authorized under FSD 50.02(a) in respect of an employee's cross posting, travel shall not be authorized under this directive. It should be noted, however, that where travel is authorized under the provisions of FSD 50.02(a), the provisions of Sections 12.02(b), (c) and (d) as well as Section 12.03 may be applied.
5. The dollar amounts specified in Section 12.03 shall be amended from time to time to reflect the dollar amounts authorized by the NJC Travel Directive; any such change shall be published on the Department of Foreign Affairs and International Trade's website.
6. The provisions for dependant care under this directive also apply to joint custody situations where a dependant qualifies as a dependant or dependent student under the provisions of FSD 2 - Interpretation. Depending on the terms of the joint custody agreement, dependant care assistance shall not normally be provided where the child's other parent resides in the same location as the child who requires dependant care.