Foreign Telework Requests - Procedures

  1. Context

    ESDC has received several requests from employees who have expressed a need or interest to telework from other countries. Unlike Foreign Business Travel, where travel to foreign countries is required by the department, Foreign Telework Requests involve employees who travel based on a personal decision and would like to telework from their destination for varying periods.

    As each request is different, careful consideration must be taken under advisement, on a case-by-case basis, when assessing the various possible risks to the safety of the employee, the security of departmental information and assets, as well as operational requirements. These considerations are currently compounded and assessed based on travel advisories resulting from the COVID-19 pandemic and other possible risk factors.

    As per the December 22, 2020, decision of the Departmental Crisis Management Team (DCMT), the Working Group on Telework, headed by the Human Resources Services Branch (HRSB), was tasked with the development of a process for foreign telework requests which includes the procedures below, serving as interim measures.

  2. General Guidance information

    Initial submission and final approval of foreign telework requests is required at the Assistant Deputy Minister (ADM) level.

    The decision to allow or not to allow an employee to do foreign telework will be at the discretion of the employees’ ADM after considering the review and analysis provided by key enablers HRSB (Labour Relations [LR] and Occupational Health and Safety [OHS]) and Integrity Services Branch [ISB], Internal Integrity and Security [IIS]), in the overall assessment of the request.

    It should be noted that while their assessment of foreign telework requests is mandatory, key enablers have no approval authority of such requests; this responsibility resides with the ADMs. The key enabler’s role is to identify any risks or issues for the proposed request and make recommendations based on their assessment to assist ADMs in making an informed decision.

    (Note: Once a Manager sends the complete package to the NC-CSOP-SMOP-GD (refer to process in Section 6), and prior to the intended departure date, a service standard of 10 business days is required for review and analysis by the key enablers.)

  3. Key Considerations for ADMs before submitting a request for review

    The context and reason behind a request to telework from a foreign country should be the first element for consideration before submitting a request for review by key enablers. ADMs and Managers are also encouraged to consult the GoC travel advisory site to see if there are any risks to the safety of the employee or to the security of departmental information and assets prior to submitting a request as these factors will be considered as part of the overall assessment review by the key enablers

    To provide some guidance in terms of the overall review and assessment by the key enablers, Managers and ADMs can refer to the following:

    Recommended for approval

    • Relocation of spouse;
    • Education/Learning purposes (exceptional circumstances only);
    • Attracting specific talent;
    • Compassionate care (illness in family, etc.); and
    • Personal hardship.
    • Taking in consideration the following elements:
      • Countries where ``normal security precautions`` are recommended;
      • Low risk to personal safety;
      • Low risk of compromise to departmental information and assets;
      • Non-essential/critical services and handling of non-sensitive information/departmental assets while working abroad; and
      • Length of the request

    Not Recommended for approval

    • Seasonal vacation destinations (e.g. request to work in Florida for two weeks in January, March break etc.);
    • Short periods where the cost and effort to implement outweigh any benefits;

    Note: Security will not recommend that foreign telework be approved if the destination has the following risks:

    • Medium to high risk to personal safety (physical assaults, kidnappings, threats, etc.);
    • Travel advisories/restrictions (e.g. terrorism acts, threat to Canada, Canadians, government employees/officials, espionage, sabotage, blackmail, bribery, etc.);
    • Medium to high criminal/political activity related to personal safety, property, security of GoC information, assets, IT infrastructure, cyber security threats, etc.; and
    • Duties involving Protected C, Confidential, Secret, Top Secret information/valuable assets (whether electronic or hardcopy files).

  4. Other Considerations

    Before submitting a request, Managers and ADMs should also consider the following:

    General

    • The security screening level will be valid during the period of time to which the employee will perform their duties while working from the foreign country (e.g. will not expire while employee is working from abroad, etc.);
    • Federal and Provincial Health advisories and restrictions should always be followed;
    • Public perception/departmental scrutiny (Media) in times of COVID-19 restrictions and Public Health advisories/guidelines;
    • Required COVID-19 test results to travel (if an employee exceeds agreed-upon telework period due to test unavailability or positive result);
    • Other country’s restrictions requirements (e.g. travel advisories, closures, lockdowns, working permits/visas, income tax, etc.); and
    • Cost factors involved (e.g. roaming fees for phones, additional long-distances fees).

    Human Resources Services Branch

    • Job suitability and impact on operational requirements:
      • Will the duties lend itself to full time telework;
      • Impact of time zones and ability to maintain contact with the manager, coworkers and clients;
    • Ability to maintain conditions of employment:
      • Statutory holidays;
      • Hours of work;
    • Ability to ensure the duty to accommodate and ergonomic requirements are met;
    • Performance expectations and measures/standards must be established, agreed to and clearly understood by the teleworker;
    • Ability to provide a safe work place / work space and investigate work-related incidents to meet Canada Labour Code and relevant regulatory requirements (e.g. building code; fire code; electrical safety);
    • Additional cost may be incurred by the employee for the following: insurance, internet, desk, chair and travel costs;
    • Employees should contact their insurance provider(s) to determine impacts on Public Service Health Care, Dental Care plans and Disability Insurance Plan, etc.; and
    • Employees should contact the Canada Revenue Agency (CRA) to determine if there are any impacts on income tax.

    IT Support

    • Network connectivity: reliable internet services and high-speed internet connection (employee and management responsibility).
      • The ability to connect and work is contingent upon having a reliable high-speed internet connection. It is the responsibility of the employee to ensure that this requirement is met.
    • Mobile phone connectivity: reliable mobile telephone service (if employee has a mobile phone).
      • International roaming is automatic; there will be above normal costs to support cellular telephony services (voice and data) on a GoC-provisioned cellular phone.
      • If the Manager is able to make the business case to the ADM for ESDC to cover the cost of a GC provisioned cellular phone as part of a Foreign Telework Agreement, the Manager should contact Voice Network Services to discuss suitable arrangement options.
    • IT support service: ability to service (National Service Desk time zone limitation).
    • IT equipment service: IT equipment (laptop, tablet, mobile phone etc.) repair and/or replace if required (contact the National Service Desk for IT equipment and support).
    • Employee may experience longer service disruption due to shipping time.
    • Availability of internal systems (Overnight maintenance windows in Canadian time zones must be factored into employee’s work schedule).
    • Security software updates: ability to conduct software updates.
    • Use of Secure Remote Access (SRA) solutions (e.g. VPN) from a departmentally furnished IT equipment (tablet or laptop)

  5. Submit a Request

    It is important to note that all foreign telework agreements must be pre-approved prior to the travel date and the start of telework activities.

    Managers and employees are to complete the forms as listed below as a complete package:

    Departmental Foreign Telework Forms

  6. Process Breakdown

    1. Employee initiates request by completing the Foreign Telework Employee Request Form-ADM Routing Slip (ADM5086) and all other required forms (as those noted above). Once the employee’s digital signature is displayed on the forms, the employee is to save the forms and send the complete package to the Manager.
    2. Manager reviews the considerations in Part 3 and 4 (noted above) and digitally signs all of the forms and save them to send to their management reporting authorities, including their ADM, and identify any issues related to the considerations.
    3. The ADM then decides if they want to proceed with the next step. (ADM decision and digital Signature required in Part C on the ADM5086 form (signing the form requires that the ADM must sign the form and save it to send back to the Manager as acknowledgement as to whether or not to move forward or deny the request). Note: If the ADM does not want to proceed with the request, the process ends.
    4. If the ADM provides concurrence to proceed to the next step to have the key enablers conduct a review and analysis, the Manager sends the complete package (e.g. forms) to the NC-CSOP-SMOP-GD.
    5. The NC-CSOP GD administrator reviews the package for completion and uploads the relevant documentation into the SharePoint site and advises the key enablers:
    6. The GD Administrator (once the ADM5086 form has been signed off by the key enablers), will send the form back to the requesting Manager; the Manager sends the results of the form to the ADM.
    7. The ADM digitally signs off on the form (Part H), saves it, and returns it to the Manager to send to the NC-CSOP-SMOP-GD as acknowledgement of the ADMs decision.
    8. If the ADM approves the request, the GD Administrator sends the ADM5086 form to the Regional Security Office (RSO) who proceeds with a security briefing to the employee based on the Government of Canada Travel Advisories as well as the security roles and responsibilities of the employee, as pertains to the protection of departmental information and other valuable assets. Both the employee and RSO are to complete and sign-off in Part I of the form; the employee signs first, saves it, then sends to the RSO for sign-off. Once completed, the RSO will return the form to the GD Administrator.
    9. The GD Administrator will send the ADM5086 form to IITB IT Security for their information and any action deemed necessary on their part.

    Process Steps - Roles and Responsibilities of Key Enablers

    Step 1: HRSB - Human Resources Services Branch (Labour Relations [LR] and Occupational Health and Safety [OHS])

    • HRSB LR will review the affiliated forms and conduct an analysis based on work related processes.
    • LR will contact the manager to discuss any concerns/impacts regarding the request.
    • Upon receipt of the response from the employee’s Manager, HRSB (LR) will make their determination and provide their analysis by completing Part D (for LR) of the ADM5086 form; LR will send the form to OSH.
    • HRSB OHS will review the forms and conduct an analysis based on health and safety related requirements.
    • OHS will consult with the employee/manager, if deemed necessary and complete Part E of the ADM5086 form and sending it back to the GD Administrator.

    Step 2: ISB, Integrity Services Branch (Regional Security Office [RSO] and Chief Security Officer, [CSO])

    • The RSO Sr. Manager reviews the request and completes Part F of the ADM5086 form, and sends it back to the NC-CSOP-SMOP-GD.
    • The GD Administrator sends notification to Corporate Security.
    • Corporate Security reviews the form and sends it to the CSO for review, analysis and determination.
    • The CSO completes Part G of the ADM5086 form and returns it to Corporate Security to send to the GD Administrator.
    • The GD Administrator sends the ADM5086 form back to the Manager to send to the ADM for decision (ADM signs off in Part H of the form).
      • The Manager will return the form, with the ADM’s decision, to the NC-CSOP-SMOP-GD GD Administrator.
    • The GD Administrator will advise the enablers of the ADMs decision.
    • Should the ADM approve the request, the RSO will provide the briefing to the employee on safety and security related guidelines while in a foreign country using the (GoC travel advisory site); and, reminding the employee of their role and responsibility in applying security related policies, standards and best practices for the protection of departmental information and assets. Both the employee and RSO completes Part I of the ADM5086 form.
    • The RSO will resend the amended form to the GD Administrator.
    • The GD Administrator will send an acknowledgement/notification to the key enablers and IITB IT Security.

    Step 3: IITB - Innovation, Information and Technology Branch (IT Security and IT Support)

    • Provide the IT equipment to be used at Foreign Telework site (e.g. laptop, tablet and/or mobile phone if applicable/authorized etc.).
    • Upon request from the Manager, supply departmental-approved IT equipment to the employee with appropriate secure connectivity solution (e.g. VPN Secure Remote Access (SRA), etc.) and the respective guidelines and procedures.
    • Ensuring that the IT equipment (laptop, tablet) and the departmental connectivity solution (VPN Secure Remote Access) are sufficiently secure to prevent compromise to departmental information holdings/IT equipment.