Author Archives: Pierre St-Jacques

April 28 is the National Day of Mourning

Once again, on April 28, we will join over 100 countries in remembering those who lost their lives due to work-related causes. This year, workers around the world are facing additional and considerable challenges posed by the COVID-19 pandemic.

The Customs and Immigration Union attaches great importance to its members’ health and safety and we will continue to do everything we can to protect them from harm.

Given the dangers that so many workers are confronting, let us all observe a moment of silence at 11:00 a.m. on the National Day of Mourning. We also invite all members to (virtually) attend local events organized to commemorate the Day.

Read the CIU National Office Memorandum regarding the National Day of Mourning.

An update from the National President: OIC-11 and discussion with Minister Blair

On Wednesday afternoon (April 22, 2020), Jean-Pierre Fortin, CIU National President, had a comprehensive conversation with Minister Blair regarding the impact of the recent Order in Council (referred to as OIC-11) on our membership. Here is the update that was communicated to the CIU National Board of Directors, in which the National President highlights issues pertaining to border security, health and safety, and duties performed by officers.

Sisters and Brothers,

I wanted to provide Board members with an update on the conversation I had yesterday afternoon with Minister Blair.

Disclosure of Order in Council 11

The Minister explained that Orders in Council (OIC) cannot be publicly disclosed prior to implementation. That said, he recognized my frustration when I informed him that I had heard directly from Branch Presidents and members – several days ago – about the changes outlined in OIC-11. Worse, when I asked CBSA about these changes on Monday during our weekly teleconference, CBSA management merely stated that they would get back to me.

Border closure and refugees entering the country

The Minister and I agreed that the March Canada-USA border closure had been a good move. However, he then referred to the Safe Third Country Agreement (STCA) and the importance of Canada meeting its obligations under the agreement. The government expects that approximately 90% of those who will enter the country because of the OIC will be reuniting with family members. Should they have any COVID symptoms, they will not be permitted to enter. Should they not present any symptoms, they will be required to self-isolate for 14 days. The government does not anticipate a large numbers of refugees.

Ports of entry of concern

As I stated to the Minister, I am not sure that the number will be as low as the government expects. To that end, I asked if the Minister would agree to CIU providing information directly to him if we find that numbers are higher and are putting our members at risk. He agreed that we should monitor the situation and he wants to hear immediately from me about any concerns we have.

I mentioned POEs that were of concern to us (Lacolle, Niagara Falls, Fort Erie, Windsor, Sarnia, Pac Highway and Douglas). I am asking that Branch Presidents, particularly in these locations, keep an eye on the numbers and inform me immediately if they think that the safety of the public, the refugees or their own safety is being put at risk – and c.c. Mark Weber, CIU 1^st National VP.

Health and Safety concerns

I also asked that PHAC and/or Health Canada be on site at these locations to help the POE ensure the Officers’ workplace has appropriate safeguards in place (e.g. plexiglas; markings for distancing). I informed the Minister that at Lacolle, when fingerprints were being taken by the Commissionaires, within a week five of them were contaminated with the virus. The Minister said he is acutely aware of CIU’s wish to ensure its officers are safe. As a former Chief of Police, that was his top priority. He stated that PHAC representatives were stretched thin across the country and they could not be there on a continuous basis.

However, it would be possible for someone with expertise to be sent to conduct a Health and Safety audit and put protocols in place to protect CIU members. When I told him that there was a lack of PPE at certain ports, he committed that his office would be following up with me. In reference to the fingerprinting of refugees, they can ensure that supplies are available to wipe screens after each person’s prints are taken. Masks would also be provided to refugees as an extra precaution.

First Responder status and border patrol

I asked again about the First Responder status for officers. When he stated that this request does not fall within the scope of his duties, I reminded him that as a member of Cabinet, he does have a say at the table.

I also reiterated that our Officers would be willing to patrol between POEs in order to keep Canada’s border safe. I suggested that this can be done in partnership with the RCMP (without taking away from their work). I informed him that I had been made aware that in certain areas, the US Border Officers are patrolling its border with US BP. It is my understanding that the RCMP had invited CBSA Officers to patrol with them.

The Minister did not commit to anything in this regard but did state that when he was last at a POE, he was impressed with the degree of collaboration he saw between the CBSA, RCMP and IRCC. He asked that I convey his sincere thanks and respect to CIU members for the work they are doing for Canadians.

At the end of the conversation, he restated that he wants to keep the communication lines open.

In solidarity,

Jean-Pierre Fortin
National President
Customs and Immigration Union

COVID-19: Health and Safety update

This is an update on COVID-19 related health and safety matters that Union representatives and Workplace Health and Safety committees are currently addressing.

Use of N95s

The Policy Health and Safety Committee is expecting guidance from Health Canada and the Public Health Agency of Canada surrounding N95 re-use, cleaning and storage. Currently, each workplace is doing the best they can without any expert guidance, a situation that we hope to see rectified imminently.

‘Sani Clean’ lockers

The Southern Ontario Region has obtained sanitation equipment that you may want to have your Workplace Health and Safety Committees/Representatives explore. Here is a link to the type purchased there.

Scheduling

We are having significant success applying the following four health and safety principles to modified schedules across the country. Remember that Part 122.2 of the Canada Labour Code mandates the hierarchy of preventative measures. Proper scheduling allows for the reduction of exposure to this hazard.

Have the least number of people possible on shift.
Where possible, have days off work be scheduled consecutively to allow for greater self isolation.
Try to limit overlapping shifts, so that members come in contact with the least number of coworkers possible.
Where possible, have members consistently work with the same coworkers. This will help should any member test positive, and will assist the Public Health Agency in identifying close contact.

Mental Health

While EAP and mental health professionals are who members should turn to for help, CIU can play a positive role in addressing the loneliness and sense of disconnection that our members’ self isolation has created. Many Branches have already organized events and activities, and we encourage different locations to share ideas with one another on how to help members stay active, healthy and engaged.

Cases

As of April 20, we had 22 confirmed cases of COVID-19, 13 of whom have fully recovered. As we settle into the new ‘normal’ that this pandemic has created, unforeseeable challenges will continue to come up. Please reach out to your Branch President should you have any question or concern.

Statement on the Nova Scotia shootings

Over the past weekend, the people of Nova Scotia were faced with a painful and tragic event — one of the deadliest of its kind in our collective history. Our thoughts go out to all those affected by the shootings that took place on April 18-19, 2020 across the province.

Many people lost their lives as a result of this cruel act, including Constable Heidi Stevenson, who died in the line of duty. We offer our most sincere condolences to the families, friends and colleagues of the deceased, and join the larger law enforcement community in expressing our solidarity with our Sisters and Brothers of the National Police Federation.

Read the letter sent on CIU’s behalf by National President Jean-Pierre Fortin to Brian Sauvé, President of the National Police Federation.

We encourage all who are affected to seek the support they need in this difficult time. Many resources are available online or by phone, including EAP for CIU and PSAC members — please call 1.800.663.1142 (TTY for the hearing or speech impaired: 1.888.384.1152) if you need support.

Phoenix: Recovery of salary overpayments during the COVID-19 pandemic

In our regular communication with the government, we have received the following notice regarding the recovery of salary overpayments during the COVID-19 pandemic.

How will the recovery of salary overpayments be addressed during the Covid-19 pandemic?

In light of the current pandemic situation, the Pay Centre is temporarily suspending the overpayment recovery plans for all new overpayments that, effective March 23, 2020, meet the criteria for repayment under the “Recovery over an extended period as a result of the implementation of Phoenix” flexibilities provision outlined in the Directive on the Terms and Conditions of Employment. This operational measure will allow the Pay Centre to prioritize pay transactions to employees.

The Pay Centre will continue informing employees of any new overpayment. However, overpayments that fall under the flexibilities outlined in the Information Bulletin: Additional Flexibilities with regards to the recovery overpayments, Emergency Salary Advances and priority payments will be suspended until further notice. This covers overpayments, emergency salary advances and priority payments received by employees due to issues arising as a direct result of Phoenix. An employee can still choose to repay their new overpayment in the manner that best meets their situation. Employees will need to advise the Pay Centre accordingly.

The recovery of overpayments will continue for the recovery of amounts owing arising from routine pay transactions, which include, but are not limited to, the following:

overpayments of less than 10% of an employee’s gross bi-weekly pay;
periods of leave without pay of 5 days or less;
overdrawn leave (vacation/sick) upon termination of employment (for reasons other than incapacity/illness and layoff);
cancellation of a leave with income averaging agreement by the employee, where the leave has been taken;
amounts advanced on behalf of employees for union dues;
maternity/parental allowance, where the employee has not fulfilled their obligation as set out in their collective agreement or terms and conditions of employment; and
amounts owed to public service health insurance plans, pension, supplementary death benefit or disability/long-term disability due to periods of leave without pay.

The recovery will also continue for overpayments associated with the termination of employment, end-of-term or casual contracts without further extension or renewal (from first available funds).

Note that the recovery plan will continue for employees who already have repayment plans in place as agreed upon. However, these plans can be modified should employees experience financial hardship; employees in such positions should contact the Client Contact Centre at 1-855-686-4729 or complete a Phoenix feedback form to request a more flexible arrangement.

Departments and agencies which are not serviced by the Pay Centre may also wish to temporarily suspend the collection of new overpayments covered by the flexibilities. They may also make available the option to modify repayment plans where employees may be experiencing hardship consistent with the Directive on the Terms and Conditions of Employment.

The original version of this article was first posted on the PSAC website.