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Directive on International Telework

Telework is an alternative work arrangement that allows employees to work somewhere other than at the designated workplace. This is a voluntary arrangement requested by the employee, subject to operational requirements and management approval.

For the purpose of this Directive, International Telework is a voluntary and employee-driven request to telework outside of Canada at a location other than the employee’s normal designated workplace.

While DND supports the establishment of work arrangements that enable the department to meet its business objectives and operational requirements, working outside of Canada carries profound security, IT and human resource management implications. As such, requests to telework internationally are only to be granted in exceptional circumstances. This Directive will serve to provide the parameters within which International Telework requests for public service employees of the Department of National Defence will be considered and the key stakeholders who must be engaged in the review and approval processes.

This Directive does not apply to employer-directed arrangements requiring employees to work abroad as part of the requirements of the position (e.g. assigned Outside Canada, also referred to as OUTCAN; and, Civilians deployed in support of the Canadian Forces on international operations, also known as Civ in Ops).

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Application

This Directive must be read in conjunction with the Treasury Board of Canada (TBS) Directive on Telework; DND terms and conditions of telework (Accessible only on the National Defence network), Policy on People Management and Directive on the Duty to Accommodate. It is mandatory that any approved International Telework meet the conditions and criteria outlined in the Directive on Telework and DND terms and conditions of telework (Accessible only on the National Defence network).

International Telework requests may be approved in very limited and prescribed circumstances by the Delegated Authority where the request is:

  1. In line with Canada’s Defence Policy, to support military family members, when a DND public service military spouse or common law partner accompanies a CAF member on an OUTCAN, including UN, NATO or EU postings;
  2. In support of OUTCAN postings when a DND public service spouse or common law partner accompanies a DND public service employee appointed to work in a DND OUTCAN role, including UN, NATO or EU.
  3. In support of situations when a DND public service employee accompanies a spouse or common-law partner who is federal public servant and, as part of their official Government of Canada position, is posted to work abroad for work purposes. For example, Global Affairs Canada, Immigration Services Canada, RCMP.

Operating principles

  1. Approval Requirements
    • The requestor must be an “employee” as defined by the Public Service Employment Act (PSEA), and the TBS Directive on Terms and Conditions of Employment. More specifically, the requestor must be an Indeterminate employee and have completed their probationary period.
      • An exception to this requirement can be granted in the case of a term employee or a public service Military Spouse, whereas the completion of the probationary period may not be required.
    • Approval for International Telework is required regardless of the duration (i.e. 3 days vs. 3 months).
    • Employee seeking approval for telework should meet the requirements of the duties of the position to which they will be assigned AND their duties must be conducive to work in a remote environment.
    • Approval for International Telework Agreements must be for a defined period and reviewed annually at minimum.
  2. Conditions of International Telework
  3. Termination
    • Similar to domestic Telework Agreements, an International Telework agreement can be ended at any time by either party (manager or employee).
    • Should an employee refuse to return to Canada, as directed by the manager, administrative and corrective measures may be applied including disciplinary action up to and including termination of employment.
    • In the event that the Telework Agreement is ended by the employer, there is no obligation on the part of the employer to incur any costs related to the employee’s return to Canada or costs associated with the return of equipment or other DND assets.
  4. Employee Responsibilities

Alternatives

As International Telework is restricted to previously outlined limited situations only, where employees are seeking alternatives to support a temporary absence or temporary relocation outside of Canada, there are other options and/or provisions as per employee's relevant Collective Agreement and Treasury Board Policy, which may apply, such as:

For information on Priority Entitlements, please visit, Guide on Priority Entitlements

Delegated authorities

For an International Telework request to be considered, the employee must present their request with a completed application and all supporting documents/reviews to include:

  1. L1 endorsement approval via the Application for International Telework Form
  2. DIM SECUR – DWAN ISSO - Request to Use Electronic Devices during Non-Duty Travel Outside Canada (RUEDDT form (Accessible only on the National Defence network))
  3. Director General Defence Security (DGDS) – Travel and Contact Security Program - Notice of Intent to Travel (NOIT)
  4. ADM (HR-Civ), as final level delegated authority.

DND has an obligation to oversee and track all circumstances where employees have requested to work from an international location. The DND Compliance and Coherence Committee on the Common Hybrid Work Model will provide horizontal oversight and equitable application of this Directive.

If an international telework agreement is approved by the appropriate authorities, employees are to submit their work arrangement in the myWorkArrangement agreement as per the current procedure.

If an international telework work agreement is denied, ADM HR-Civ will provide a rationale, in writing, to the L1 who will be responsible to communicate the decision to the employee.

Compliance

Non-compliance with this directive may have negative consequences for both the DND and the Canadian Armed Forces as institutions, and for DND employees and CAF members as individuals. Suspected non-compliance will be investigated. Administrative and disciplinary corrective measures remain within the purview of the employee’s manager’s delegated authority and is maintained as a managerial right.

DND is not responsible for any activity of the employee outside the scope of their employment with DND that could be determined to be non-compliant with the laws and regulations of the country where the Telework is being performed. Employees who are uncertain of their obligations while performing work in a foreign country are advised to seek appropriate advice and counsel, at their own expense, prior to requesting such a work arrangement from DND.

Annex A – Employee responsibilities and considerations

As Telework is an employee driven request, employees approved on International Telework are NOT covered under the provisions of the Foreign Service Directives: April 1, 2019. In limited circumstances where employees are approved to conduct International Telework, they are responsible for (including but not limited to):

Computer equipment
Costs associated with troubleshooting and replacement of hardware, including shipping of assets from the home work unit (in Canada) to the employee, is the responsibility of the employee, and at the cost of the Unit. Managers are responsible for reading and understanding the Enterprise Service Agreement for IT support and how this support is delivered to teleworkers. Contact the assigned Service Management Centre to inquire about the applicable levels of support.
Public Service Health Care Plan;
Public Service Management Insurance Plan;
Disability Insurance Plan;
Pension Plan

The employee’s medical coverage must be amended from the Provincial plan and the Supplementary Public Service Health Care Plan (PSHCP) to the comprehensive Outside Canada PSHCP. It is strongly recommended that the employee subscribe to level III coverage due to the high costs of hospitalization abroad and due to the fact that employees are responsible for the costs incurred between the level of coverage chosen and level III. Claim forms can be accessed at the following site Treasury Board of Canada Secretariat

Employees are responsible to confirm if additional coverage is required and ascertain the impacts of International Telework on their coverage such as:

Insurance on
personal effects, car + home insurance
It is the employee’s responsibility to insure personal and household effects. Employees should contact their insurance company to seek advice on insurance.
Supplementary Death Benefit

Employee must ensure that their beneficiary designation is up to date. Any amendments should be sent to the Compensation Advisor.

Public Service Pay Center is available Monday to Friday (excluding statutory holidays) 7am to 7pm eastern time.

  • In Canada or the United States: 1-855-686-4729
  • Outside Canada and the United States: 1-506-424-4330
Income tax & employment laws

For tax purposes, employees must determine their residency status when leaving Canada. Employees are advised to get a determination of residency before they depart. For questions about residency status, contact Canada Revenue Agency’s International Tax Services Office.

Employees should contact the governmental authorities of the country of the telework location to determine the required work permits/visas and to pay taxes in that country. They must also ensure they respect that country’s employment laws.

Power of Attorney + wills
Employees should consider drawing up or updating an existing Will and to keep it with other important personal documents. Wills should be prepared by a notary or a lawyer.

Safety, security and health

The basic concepts of personal security may not exist in the international location. High crime rates, limited access to police or security services and sophisticated intelligence gathering services is a reality in many countries making the safety and security of the employee, their families and residences a concern.

  • Employees working in international locations without diplomatic protections are subject to all local and state laws and the overall security situation of the country where they choose to work.
  • Duty of Care responsibilities for employers may be limited internationally in cases of extreme weather, armed uprisings, or other such issues.

Annex B – Conditions of International Telework – Security requirements

Security requirements to be addressed in relation to International Telework are the responsibility of the following organizations:

ADM(CIO) - DIM SECUR – DWAN ISSO
The DWAN ISSO has a process to assess risk on a case by case basis, the use of DND electronic devices on a DND/CAF network using a remote connection. This includes: T-DVPNI; smartphone; access to email and intranet, classified remote access, and others). The current process requires completion and approval of the Request to use Electronic Devices during Non-Duty Travel Outside Canada (RUEDDT) form (Accessible only on the National Defence network).
ADM(CIO) - Designated - Public Key Infrastructure (D-PKI)
ADM(CIO) is responsible for issuance of the D-PKI smartcard and must be consulted in relation to issuance and function of the card. If a user’s D-PKI smart card becomes unusable (e.g. damaged, blocked, or forgotten PIN) there is very limited means to remotely reset or provide a new smart card. It is recommended employees approved for International Telework obtain a secondary (back up) PKI card in the event the smart card becomes unusable. Section 8 of the D-PKI Name Subscriber User Guide (Accessible only on the National Defence network) provides guidance on mitigation activities a user can take prior to commencing International Telework. Employees should discuss this requirement with their Local Registration Authority (LRA).
VCDS - Director General Defence Security (DGDS)
The Travel and Contact Security (TCS) program exists to educate and inform DND employees and CAF members who are travelling out of the country, whether on business or personal travel, of threats and vulnerabilities that may jeopardize their safety. Notice of Intent to Travel must be completed for all International Telework Request MCS - NOIT & VCR Requests

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