SECTION 2 – GENERAL PROVISIONS |
10.2.01 – INTENT OF MILITARY FOREIGN SERVICE INSTRUCTIONS |
The intent of the allowances and benefits under
the Military Foreign Service Instructions is to
recognize and to facilitate a member’s service
outside Canada and to ensure that, as much as
possible, members should be neither better nor
worse off than their counterparts serving in
Canada.
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10.2.02 – APPLICATION OF FSD |
(1) (Equitable Payments) Subject to any
direction that may be issued by Treasury Board,
if under this chapter a member or the member’s
dependants have not received compensation
because the relevant circumstances, although
not dissimilar to, are different from the
circumstances established, the Minister may
approve the payment of all or part of that
compensation, if in the Minister's opinion it would
be
(a) equitable and consistent with the
purpose of this chapter; and
(b) consistent with the practice in the Public
Service under any relevant FSD to so do.
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(2) (Application of FSD) If, under this chapter, a
member may claim allowances and benefits or is
required to pay a charge in accordance with the
terms and conditions established in a FSD, that
FSD shall be deemed to apply to the member as
if that member were an employee.
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10.2.03 – COMMENCEMENT AND TERMINATION OF ELIGIBILITY |
(1) (Commencement of eligibility) Unless
otherwise specified:
(a) a member who arrives at the post prior
to the member’s change of strength (COS)
date:
(i) and who is on leave, is entitled to the
applicable allowances and benefits
commencing on the member’s COS
date, or
(ii) and who is not on leave, is entitled to
the applicable allowances and benefits
commencing on the member’s date of
arrival at the post;
(b) a member who arrives at the post on or
after the member’s COS date, is entitled to
the applicable allowances and benefits
commencing on the member’s date of arrival
at the post.
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(2) (Termination of eligibility) Unless otherwise
specified:
(a) a member who departs the post prior to
the member’s change of strength (COS) date
ceases to be entitled to the applicable
allowances and benefits on the date of the
member’s departure from the post;
(b) a member who departs the post on or
after the member’s COS date:
(i) and who is on leave, ceases to be
entitled to the applicable allowances and
benefits on the member’s COS date, or
(ii) and who is not on leave, ceases to
be entitled to the applicable allowances
and benefits on the member’s date of
departure from the post.
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(3) (Cross-posting) The entitlement to the
allowances and benefits of a member who is
cross-posted and does not return to Canada on
leave at public expense between cross-postings
continues, except for section 5 (Shelter and
Related Provisions).
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10.2.04 – UNACCOMPANIED MEMBER |
An unaccompanied member, who moves their
dependants to the post at their own expense,
continues to be an unaccompanied member for
the purpose of this chapter.
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10.2.05 – ENTITLEMENT OF A MEMBER DEPLOYED OR ASSIGNED |
(1) (Deployment or assignment status)
Members are deployed or assigned by means of
a posting, attached posting or attached posting
(temporary).
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(2) (Posting) A member who is posted for:
(a) a period of twelve months or more is
entitled to the allowances and benefits in all
applicable sections of this chapter; or
(b) a period of less than twelve months is
entitled to the allowances and benefits in the
following applicable sections:
(i) section 2 (General Provisions),
(ii) section 3 (Operation Allowances),
(iii) section 4 (Meal Allowance),
(iv) section 5 (Shelter and Related Provisions),
(v) section 6 (Travelling Expenses for Dependants on Briefing Programs),
(vi) section 8 (Dependant’s Health Care Expenses),
(vii) section 11 (Day-care Assistance),
(viii) section 12 (Education and Related Care of Dependent Children),
(ix) section 13 (Employment Assistance for Spouses and Common-law Partners),
(x) section 14 (Foreign Service Allowances),
(xi) section 15 (Post Living Allowance),
(xii) section 16 (Post Differential Allowance),
(xiii) section 17 (Telephone Calls),
(xiv) section 18 (Post Transportation and Related Expenses),
(xv) section 19 (Gymnasium or Health Club Fees),
(xvi) section 21 (Home Leave Travel Assistance),
(xvii) section 23 (Compassionate Travel),
(xviii) section 24 (Safe Storage Expense Benefit),
(xix) section 25 (Emergency Evacuation and Loss), and
(xx) section 26 (Compensation for Damage or Loss of Furniture and
Effects).
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(3) (Attached posting and attached posting
(temporary)) A member who is attached posted
or attached posting (temporary) is entitled to the
allowances and benefits in the following
applicable sections:
(a) section 2 (General Provisions);
(b) section 3 (Operation Allowances);
(c) section 4 (Meal Allowance);
(d) section 5 (Shelter and Related Provisions);
(e) section 14 (Foreign Service Allowances);
(f) section 15 (Post Living Allowance);
(g) section 16 (Post Differential Allowance);
(h) section 17 (Telephone Calls);
(i) section 18 (Post Transportation and Related Expenses);
(j) section 19 (Gymnasium or Health Club Fees);
(k) section 21 (Home Leave Travel Assistance);
(l) section 23 (Compassionate Travel);
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(4) (Temporary duty) A member who is on
temporary duty is only entitled, under this
chapter, to the Risk Allowance as set out in CBI
10.3.07 (Risk Allowance). The other allowances
and benefits to which a member on temporary
duty may be entitled to are set out in the
Canadian Forces Temporary Duty Travel
Instructions.
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10.2.06 – MEMBERS ENROLLED OR RE-ENROLLED OUTSIDE CANADA |
(1) (Employment at ordinary residence) A
member ordinarily resident outside Canada who
is enrolled or re-enrolled outside Canada, and
who accepts employment for a continuous
period of duty at the location where the member
ordinarily resides, is entitled to the allowances
and benefits under the following applicable
sections:
(a) section 2 (General Provisions);
(b) section 3 (Operation Allowances);
(c) section 5 (Shelter and Related Provisions);
(d) section 8 (Dependant’s Health Care Expenses);
(e) section 10 (Relocation Expenses for a Person Qualifying as a Dependant or Special
Dependant During Posting);
(f) section 15 (Post Living Allowance);
(g) section 18 (Post Transportation and Related Expenses);
(h) section 19 (Gymnasium or Health Club Fees);
(i) section 24 (Safe Storage Expense Benefit); and
(j) section 25 (Emergency Evacuation and Loss);
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(2) (Third location employment) A member
ordinarily resident outside Canada and deployed
or assigned for a continuous period of duty
outside Canada and away from the location
where the member ordinarily resides, shall be
entitled to the allowances and benefits of this
chapter in accordance with the member’s
deployment or assignment status.
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(3) (Application) For the purposes of
paragraphs (1) and (2), this chapter applies to
the member from the date of arrival at the post to
the date of departure on termination of duty at
that post, except that this chapter shall not apply
during periods of leave without pay.
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10.2.07 – RELEASE OUTSIDE CANADA |
If a member elects to remain outside Canada on
release, the allowances and benefits in this
chapter shall cease as of the last day of the
month in which the member begins retirement
leave, under article 16.18 (Retirement Leave) of
the QR&O; or if the member takes a cash-out of
leave, the day of the member’s release.
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10.2.08 – LEAVE WITHOUT PAY |
A member who is granted leave without pay
during an assignment outside Canada is entitled
to the applicable allowances and benefits under
this chapter, except for:
(a) CBI 10.14.02 (Foreign Service Premium);
(b) section 15 (Post Living Allowance); and
(c) section 16 (Post Differential Allowance).
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10.2.09 – MATERNITY OR PARENTAL ALLOWANCE |
(1) (Included benefits) A member who is
entitled to maternity or parental allowance under
CBI 209.46 (Maternity Allowance) and
CBI 209.465 (Parental Allowance) continues, if
the member remains at the post, to receive the
allowances and benefits to which the member
was entitled to receive immediately prior to
commencing maternity or parental leave, except
that the following allowances are adjusted in
accordance with CBI 209.46 and CBI 209.465:
(a) section 14 (Foreign Service Allowances);
(b) section 15 (Post Living Allowance); and
(c) section 16 (Post Differential Allowance).
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(2) (Benefit adjustments) The allowances
specified in paragraph (1) shall be adjusted to
recognize
(a) a change in rate of pay;
(b) a change in family status;
(c) a change in the Post Index;
(d) a revision to the section 14 rates; and
(e) a revision to the section 17 rates.
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(3) (Period of maternity or parental leave) The
period of maternity or parental leave does not
count for the purpose of calculating points under
CBI 10.14.02 (Foreign Service Premium) or for
the calculation of number of months served in
regards to the Post Differential Allowance bonus.
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(4) (Temporary absence) If a member on
maternity or parental leave is temporarily absent
from the post in excess of 25 compensation
days, the benefits of section 15 and 16 shall
cease with effect from the 26th compensation
day of absence. The member is required to
inform the Approving Authority of any absences
from the post in excess of 25 compensation
days.
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10.2.10 – TRAVEL POINTS |
A member who is deployed or assigned may
collect and utilize travel points accumulated
while on individual duty travel status under CBI
209.26 (Travel Loyalty Programs), when such
travel is authorized:
(a) under section 6 (Travelling Expenses for Dependants on Briefing Programs);
(b) under section 8 (Dependant’s Health Care Expenses);
(c) for Family Reunion Travel under section 12 (Education and Related Care of
Dependent Children);
(d) under section 21 (Home Leave Travel Assistance); and
(e) under section 23 (Compassionate Travel).
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10.2.11 – REMUNERATION PAID BY A THIRD
PARTY |
(1) (Application) This instruction applies to
members who receive remuneration in whole or
in part from a third party, such as the United
Nations, if such remuneration duplicates some or
all of the allowances and benefits set out in this
chapter and results in a degree of over
compensation.
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(2) (Administration) A member in receipt of
remuneration from a third party shall provide the
Approving Authority with appropriate details, for
furtherance to the Director Compensation and
Benefits Administration, in order that a
determination of the appropriate level of the
allowances and benefits is made.
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(3) (Limitation on entitlement) If a third party
pays remuneration in whole or in part to a
member, the allowances and benefits set out in
this chapter are reduced:
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(4) (Maximum reduction) No reduction may
exceed in amount the total of the remuneration
paid by a third party.
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(5) (Retention of monies) If a reduction is
imposed in accordance with this instruction, any
monies received as remuneration by the
member from a third party is retained by the
member in lieu of any allowances and benefits
for which a reduction has been imposed under
this chapter.
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10.2.12 – EXCHANGE RATES |
In certain situations if accountable advances are
permitted in respect of this chapter, especially in
the case of security deposit advances that may
be outstanding for several years, the currency
exchange rate may change significantly between
the date the advance is made and the date on
which it is recovered. It is intended that the
member should neither lose nor gain as a result
of currency exchange rate fluctuations under
these circumstances. Therefore, all losses and
gains upon recovery of the advance are a Crown
responsibility.
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10.2.13 – SEPARATION EXPENSE |
A member who is entitled to receive benefits and
allowances under this chapter is not entitled to
the allowances and benefits under CBI 209.997
(Separation Expense).
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10.2.14 – ANNUAL REPORT |
The Director General Compensation and
Benefits shall submit to the Foreign Service
Interdepartmental Co-ordinating Committee on
01 November an annual report including:
(a) the details as to designations of special
dependants made under section 9 (Special
Dependants); and
(b) a listing of members continuing to receive
the Foreign Service Premium (FSP) under
CBI 10.14.02 (Foreign Service Premium)
after serving at the same post for seven
consecutive years or more, and the reason
for continuing the FSP payment.
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