Contents
Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs and the Treasury Board, pursuant to External Affairs Vote 40 of Appropriation Act No. 2, 1985-86, is pleased hereby to revoke the Technical Assistance Regulations made by Order in Council P.C. 1978-1268 of 20th April, 1978, and to make the annexed Regulations respecting technical assistance to developing countries in substitution therefor.notenote
Short Title
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These Regulations may be cited as the Technical Assistance Regulations.
Interpretation
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(1)In these Regulations,
CIDA means the Canadian International Development Agency; (ACDI)
common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)
(a)the spouse or common-law partner of the cooperant, or
(b)a child of the cooperant, including a child adopted legally or in fact by the cooperant, or a child of the cooperant’s spouse or common-law partner, who ordinarily resides with the cooperant or with the cooperant and the cooperant’s spouse or common-law partner and is
(i)under 21 years of age and dependent on the cooperant or the cooperant’s spouse or common-law partner for financial support, or
(ii)21 years of age or older and dependent on the cooperant or the cooperant’s spouse or common-law partner for financial support by reason of mental or physical incapacity; (personne à charge)
“Foreign Service Directives” means the Foreign Service Directives of the Treasury Board, as interpreted in accordance with the Memoranda of Understanding between the Treasury Board and the Professional Association of Foreign Service Officers, including the Memorandum of Understanding of February, 2002, entitled Definition of Spouse, that was signed on June 5, 2002; (Directives sur le service extérieur)
member of a technical mission means a person from a developing country who travels for the purpose of acquiring knowledge of goods or services in a particular field; (membre d’une mission technique)
public servant means a person employed in the Public Service within the meaning of the Public Service Staff Relations Act. (fonctionnaire)
Part I · Fellows and Members of a Technical Mission
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CIDA may pay the following expenses and benefits in respect of a fellow or a member of a technical mission and may make advances in respect of such amounts:
(a)transportation costs in respect of travel authorized by CIDA, by the most direct route and with the cost of transportation by air being calculated according to the lowest economy air fare available, including the cost of transportation of baggage and personal effects;
(b)a daily travel allowance for travel, other than travel referred to in paragraph (d), to cover meals, accommodation and incidental expenses, or reimbursement of those expenses as permitted under the Treasury Board travel policy;
(d)in the case of a fellow travelling in the country where his training program is being given and in the case of a member of a technical mission travelling in the country where the technical mission has been sent, a fixed per diem allowance or reimbursement of living expenses as permitted under the Treasury Board travel policy;
(e)in the case of a fellow, tuition and other required fees relating to the training program, including the cost of books;
(g)in the case of a fellow, income tax payable under the Income Tax Act on taxable income received by the fellow under these Regulations;
(h)medical and hospital expenses or medical insurance premiums;
(i)in the case of the death of a fellow or member of a technical mission, the expenses of repatriation or reasonable expenses of cremation or burial in the country where the training program is being given or where the technical mission has been sent;
(j)any other actual and reasonable expenses of an unusual nature that arise as a consequence of taking part in the training program or technical mission.
3.1#
(1)CIDA may pay the expenses and benefits described in subsection (2), and may make advances in respect of such amounts, in respect of the following persons:
(a.1)the common-law partner of a fellow;
(b)a child of a fellow or of a fellow’s spouse or common-law partner, or a child adopted in accordance with the laws of a fellow’s country of origin by the fellow or the fellow’s spouse or common-law partner, who
(i)is under the age of majority in the fellow’s country of origin,
(ii)ordinarily resides with the fellow or with the fellow and the fellow’s spouse or common-law partner, and
(iii)is dependent on the fellow or the fellow’s spouse or common-law partner for financial support; and
(2)The following expenses and benefits may be paid pursuant to subsection (1):
(a)transportation costs for up to four persons in respect of travel authorized by CIDA, by the most direct route and with the cost of transportation by air being calculated according to the lowest economy fare available, including the cost of transportation of baggage and personal effects;
(b)a fixed monthly allowance for living expenses;
(c)tuition fees and other education expenses authorized by CIDA;
(d)medical and hospital expenses or medical insurance premiums;
(e)in the case of death, the expenses of repatriation or reasonable expenses of cremation or burial in the country where the training program is being given; and
(f)any other actual and reasonable expenses of an unusual nature that arise as a consequence of accompanying a fellow.
note
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CIDA may pay to an organization on the premises of which a training program is being given or to which a technical mission is sent, the amounts arising out of a prior commitment made by CIDA to idemnify the organization for claims associated with the death or injury of a fellow or member of a technical mission while on those premises.
Part II · Cooperants
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(1)CIDA may retain a public servant to work as a cooperant for a period of service during which the public servant is granted leave with pay by the department or agency that employs him and CIDA may pay to that department or agency an amount equal to the amount of salary and benefits received by the cooperant from that department or agency during that period.
(1.1)CIDA may assign any of its public servants to work as a cooperant for a period of service during which the public servant is on leave with pay, and an amount equal to the amount of salary and benefits received by the public servant for that period is chargeable to the grants and contributions vote.
(2)The Foreign Service Directives shall apply in the case of a cooperant referred to in subsections (1) and (1.1).
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(1)CIDA may pay the following expenses and benefits in respect of a cooperant referred to in section 7 or 8 and any dependents of that cooperant:
(a)an overseas allowance not exceeding the total amount of such allowances authorized to be paid to employees in accordance with the Foreign Service Directives;
(b)an amount equal to 50 per cent of the total annual contribution made by the cooperant to one or more retirement saving plans, not exceeding seven per cent of the basic fee referred to in section 8, where no employer contribution has been made to those plans;
(c)an allowance to cover 50% of the premium for a basic accident and health insurance plan and 100% of any surcharges for exceptional conditions affecting the cooperant’s health and security in the country of assignment;
(d)an education allowance for the primary education and secondary education of children who are dependants of the cooperant, not exceeding the total amount of such allowances authorized to be paid to employees in accordance with the Foreign Service Directives;
(e)travel, living and moving expenses and allowances not exceeding the total amount of such expenses and allowances authorized to be paid to employees in accordance with the Foreign Service Directives;
(f)if adequate accommodation is not provided by the host country, an accommodation allowance to cover the amount by which the cost of rented accommodation in the host country exceeds any amount received directly from the host country for that purpose;
(g)an allowance to cover the amount by which the monthly cost of the household utilities of the rented accommodation during the cooperant’s assignment abroad exceeds the average monthly cost for public utilities in Ottawa;
(h)an allowance to cover the cost of medical examinations and immunizations recommended by the Department of Health for persons posted abroad;
(i)an allowance to cover the cost of post transportation, not exceeding the total amount of such allowances and expenses authorized to be paid to employees in accordance with the Foreign Service Directives; and
(j)any other actual and reasonable expenses of an unusual nature that arise as a consequence of the cooperant’s assignment abroad.
(2)Any amounts paid by CIDA under paragraph 9(1)(j) shall be included in an annual report to the Treasury Board Secretariat.
(3)CIDA shall pay, in respect of a child of the cooperant, including a child adopted legally or in fact by the cooperant, or a child of the cooperant’s spouse or common-law partner, who is under 21 years of age and does not ordinarily reside with the cooperant or with the cooperant and the cooperant’s spouse or common-law partner, an allowance for the cost of travel for the purpose of family reunion, not exceeding the total amount of such allowances authorized to be paid to employees in accordance with the Foreign Service Directives.
(4)For greater certainty, the conditions that apply in respect of the payment of the expenses and allowances referred to in this section to employees under the Foreign Service Directives also apply in respect of the payment of such expenses and allowances to a cooperant under this section.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.