Technical Assistance Regulations

Regulations Respecting Technical Assistance to Developing Countries and Countries in Transition 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. S.C. 1985, c. 24 SOR/78-367, 1978 Canada Gazette Part II, p. 2048 These Regulations may be cited as the Technical Assistance Regulations. 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) cooperant means a person engaged for service in a developing country or a country in transition under the auspices of CIDA; (coopérant) dependant means, in respect of a cooperant, the spouse or common-law partner of the cooperant, or 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 under 21 years of age and dependent on the cooperant or the cooperant’s spouse or common-law partner for financial support, or 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) fellow means a person from a developing country who takes part in a training program under the auspices of CIDA; (boursier ou boursière) “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) For the purposes of these Regulations, the expression “post” in the Foreign Service Directives shall be interpreted as the city, community or other geographic locality where the office to which a cooperant is ordinarily assigned by CIDA is located. 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: 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; 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; in the case of a fellow, an installation allowance for the first 30 days after the fellow’s arrival at the place where the training program is being given and a fixed monthly allowance for the balance of the training program; 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; in the case of a fellow, tuition and other required fees relating to the training program, including the cost of books; in the case of a fellow, actual costs of research equipment, special supplies and thesis-related expenses required by the organization giving the training program and approved in advance by CIDA; in the case of a fellow, income tax payable under the Income Tax Act on taxable income received by the fellow under these Regulations; medical and hospital expenses or medical insurance premiums; 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; 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. 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: the spouse of a fellow whose marriage to the fellow is recognized by the laws of the country in which it took place, but not including any person whose marriage to the fellow resulted in the person or the fellow becoming the spouse of more than one person; the common-law partner of a fellow; 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 is under the age of majority in the fellow’s country of origin, ordinarily resides with the fellow or with the fellow and the fellow’s spouse or common-law partner, and is dependent on the fellow or the fellow’s spouse or common-law partner for financial support; and a person designated by CIDA to accompany a fellow, where the fellow cannot, for religious or social reasons, leave the fellow’s country unaccompanied. The following expenses and benefits may be paid pursuant to subsection (1): 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; a fixed monthly allowance for living expenses; tuition fees and other education expenses authorized by CIDA; 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 any other actual and reasonable expenses of an unusual nature that arise as a consequence of accompanying a fellow. 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. The amounts paid in respect of an allowance referred to in subsection 3(b), (c) or (d) shall be the amounts approved therefor by the Treasury Board. Any amounts paid by CIDA under paragraph 3(j) shall be included in an annual report to the Treasury Board Secretariat. 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. 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. The Foreign Service Directives shall apply in the case of a cooperant referred to in subsections (1) and (1.1). CIDA may retain a person employed by the government of a province to work as a cooperant and may pay to that government an amount equal to the amount of salary and fringe benefits received by the cooperant from that government, together with any applicable amounts under section 9. CIDA may enter into a contract with a person other than persons referred to in sections 6 and 7 or with that person’s employer for the services of that person as a cooperant and may pay to that person or that person’s employer a basic fee, together with any applicable amounts under section 9. 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: an overseas allowance not exceeding the total amount of such allowances authorized to be paid to employees in accordance with the Foreign Service Directives; 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; 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; 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; 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; 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; 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; an allowance to cover the cost of medical examinations and immunizations recommended by the Department of Health for persons posted abroad; 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 any other actual and reasonable expenses of an unusual nature that arise as a consequence of the cooperant’s assignment abroad. Any amounts paid by CIDA under paragraph 9(1)(j) shall be included in an annual report to the Treasury Board Secretariat. 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. 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. CIDA may, in respect of a cooperant other than a cooperant referred to in section 6, authorize payment to the cooperant of a fee advance in anticipation of the cooperant’s assignment abroad in an amount not exceeding the amount approved therefor by the Treasury Board; and the issuing of accountable advances to the cooperant for expenses described in paragraphs 9(1)(c), (d), (e), (f) and (i).