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Policy Notice - Foreign Service Directives - Clarification to FSDs 3, 15 and 50 - October 1, 2004


SUBJECT:
Foreign Service Directives - Clarification to FSDs 3, 15 and 50 - October 1, 2004

The following changes to the Foreign Service Directives, as indicated below, have been approved effective October 1, 2004.

(1) FSD 3 - APPLICATION

A new Instruction 3 following FSD 3.03(b) has been approved to clarify the applicability of the Travel Directive when an employee is deployed to a DND Deputy Chief of Defence Staff International Operation under FSD 3.03(b) and the Memorandum of Agreement in Appendix B to FSD 3 as follows:

Instruction 3

An employee on relocation to and/or from a Mission ceases to be on travel status while in receipt of the allowances and benefits under the MFSI.

(2) FSD 15 - RELOCATION

The following changes have been approved to clarify the intent that the option of a Non-accountable Relocation Travel Allowance (NAA) under FSD 15.04(a) may be approved for all relocation travel under FSD 15.

Relocation in Specific Circumstances

Termination of assignment outside Canada

15.35

Insert after Section 15.35(e):

except that, subject to the limitations of this section, an employee may elect for a non-accountable relocation travel allowance (NAA) in accordance with Section 15.04. Where such an election is made, the provisions outlined in Section 15.35, other than for travel, shall continue to apply.

Insert new Instruction 5 following Section 15.35, as follows:

Where an employee elects for a non-accountable relocation travel allowance (NAA), in lieu of the provisions of Section 15.35(d), the NAA shall reflect the limitations of Section 15.35(d) for travelling expenses only, of the employee and/or dependant.

Early termination of posting

15.36

Re-organize/revise Section 15.36(a), as follows:

(a) When an employee serving at a post requests relocation to Canada before termination of the agreed-to assignment,

(i) the deputy head may require that the employee pay a portion of the relocation expenses as defined in Section 15.02(c)(ii), in an amount not exceeding, and possibly less than, the amount determined on a pro-rata basis according to the following formula:

period of assignment uncompleted
previously agreed duration of assignment
X
relocation expenses
=
amount payable by the employee

in which case, the employee shall be so advised in writing before departure from the post, and

Insert new Section 15.36(a)(ii), as follows:

(ii) subject to the limitations of this section, an employee may elect for a non-accountable relocation travel allowance (NAA) in accordance with FSD 15.04. Where such an election is made, the provisions outlined in Section 15.36, other than for travel, shall continue to apply.

Insert new Instruction 2 following Section 15.36(a)(i), as follows:

Where an employee elects for a non-accountable relocation travel allowance (NAA) under Section 15.36(a)(ii), the NAA shall reflect the limitations of Section 15.36(a)(i).

Relocation during long school holiday recess

15.38

Insert new Section 15.38(c), as follows:

(c) In lieu of the provisions of Section 15.38(a) and (b) an employee may elect for a non-accountable relocation travel allowance (NAA) in accordance with Section 15.04. Where such an election is made, the relocation provisions of Section 15.38(a), other than for travel, shall continue to apply.

Person ceasing to be a dependant

15.39

After Section 15.39(c), insert the following:

except that an employee may elect for a non-accountable relocation travel allowance (NAA), in accordance with Section 15.04. When such an election is made, the relocation provisions of Section 15.39, other than for travel, shall continue to apply.

After Section 15.39, insert new Instruction 2, as follows:

2. Where an employee elects for a non-accountable relocation travel allowance (NAA), in lieu of the provisions of Sections 15.39(b) or (c), the NAA shall be determined on the basis of travelling expenses only, for the dependant.

Dependants prohibited from accompanying an employee

15.40

After Section 15.40(c), insert the following:

except that, subject to the limitations of this section, an employee may elect for a non-accountable relocation travel allowance (NAA), in accordance with Section 15.04. Where such an election is made, the provisions outlined in Section 15.40, other than for travel, shall continue to apply.

Relocation expenses for a spouse qualifying as dependant in mid-tour

15.41

Re-organize/revise Section 15.41(c), as follows:

(c) actual and reasonable expenses for packing, crating, cartage, transportation and unpacking of household effects, to the employee's post,

(i) from the location where the marriage takes place or the spouse's previous place of residence at the time of the marriage; or

(ii) from the employee's previous place of residence, if the common-law partner becomes a dependant through the declaration in Appendix A to FSD 2 -Interpretation;

up to the cost of shipment by the most direct routing from the headquarters city to the employee's post, except that;

(iii) The total quantity of effects shipped shall be based on the weight limitation prescribed in Section 15.14 applicable to the employee's new household size and taking into consideration any initial or subsequent shipment previously authorized under Section 15.13; provided:

(A) the move is effected immediately after marriage or after the date of dependency, and no less than six months before the expected termination of the employee's posting; and

(B) removal of the spouse's or common-law partner's household effects will not be authorized within any area, which, according to local custom, is within commuting distance of the employee's place of duty;

Add new Section 15.41(d), as follows:

(d) subject to the limitations of this section, in lieu of the provisions of Section 15.41(a), an employee may elect for a non-accountable relocation travel allowance (NAA), in accordance with Section 15.04. Where such an election is made, the provisions outlined in Sections 15.41(b) and (c) shall continue to apply.

Add new Instruction 4 following Section 15.41, as follows:

4. Where an employee elects for a non-accountable relocation travel allowance (NAA) in lieu of the provisions of Section 15.41(a), the NAA shall reflect the limitations and conditions of Section 15.41(a) for travelling/transportation expenses only, for the persons authorized to travel.

(3) FSD 50 - VACATION TRAVEL ASSISTANCE

The following change has been approved to clarify the intent that deferred travel must be to the Headquarters city.

Instruction

50.02(c) The deputy head has the right to defer an employee's relocation travel to the headquarters city under FSD 15.03 for operational reasons. In such a case, the employee shall have one additional VTA under this directive for travel to the headquarters city during the new posting. This travel to the headquarters city must be identified on the FSD 70 Travel Certification form for FSD 50.

Enquiries

Requests for more information or clarification should be addressed to designated departmental personnel. Designated departmental officials may contact:

Margaret McCagg
Senior Policy Analyst
Management Policy and Labour Relations
Human Resources Management Office
Treasury Board of Canada, Secretariat
Telephone (613) 946-3714
Fax (613) 952-3002
McCagg.Margaret@tbs-sct.gc.ca