Author Archives: Pierre St-Jacques

PSAC members urged to file individual tax appeals for Phoenix damages

PSAC is encouraging members to fight for Phoenix general damages compensation to be tax-free by filing individual tax appeals to the Canada Revenue Agency this tax season.

By filing an appeal, you will force CRA to review the taxability of your personal damages payment. If we generate tens of thousands of tax appeals from members across the country, there is greater pressure to review the tax treatment of the damages for all PSAC members rather than ruling on thousands of individual appeals.

In 2020, PSAC negotiated $2,500 in Phoenix general damages for 165,000 PSAC members to compensate for the stress, aggravation and pain and suffering they endured because of the broken pay system.

Treasury Board treated Phoenix general damages as taxable income – deducting tax from the payment PSAC members received – but we maintain that these damages should be tax-free like just like other damages agreements.

Despite numerous appeals by PSAC, Treasury Board and the CRA have refused to revisit the taxability of Phoenix general damages. Unfortunately, time has run out to resolve this problem proactively.

Now, we’re urging PSAC members to formally object to the tax treatment of Phoenix damages once they file their 2021 tax returns and received their “Notice of Assessment” from the CRA, which you can expect to receive roughly two to eight weeks after filing your taxes.

File your Phoenix damages tax appeal

You can object to the taxability of Phoenix damages by completing a form T400A and filling out your personal contact information and the required details from your notice of assessment.

The form includes a section for issues, reasons and relevant facts. You can include the text provided below in that section to appeal for the Phoenix damages compensation you received to be non-taxable:

A portion of the income reported on the taxpayer’s T4 for 2021 represents general damages paid under a settlement agreement negotiated by the Public Service Alliance of Canada (PSAC) as compensation for stress, aggravation, and pain and suffering, payable to all members of PSAC in recognition of the effect of the Phoenix pay system and the delayed implementation of a collective agreement on the membership. The payment was not dependent upon or in any way related to any grievance previously filed by the taxpayer, or any demonstrated financial loss suffered by the taxpayer. Rather, the payment was compensation for the stress felt by all employees, regardless of their personal circumstances, due to the delays, confusion, and general chaos that resulted from the Phoenix implementation. As such, the amounts received as damages for pain and suffering should not have been subject to tax. The taxpayer asks that their 2021 tax return be reassessed to reflect the non-taxable nature of the general damages received.

We understand that everyone’s individual circumstances may vary, and PSAC does not provide legal advice on individual tax appeals. We encourage you to consult a professional tax advisor if you have specific questions about filing your income taxes.

Ongoing Phoenix damages compensation

PSAC will also begin the work of fighting for ongoing general damages for the Phoenix pay disaster as soon as possible. The damages PSAC negotiated were to compensate members for the hardships they experienced from 2016 to 2019, but the pay problems never stopped.

Since then, many PSAC members still haven’t been paid properly, and deserve additional compensation for the hardships they still endure. We will also work to ensure that the claims process negotiated in our last agreement for expenses and major losses also remain available to our members for as long as they continue to experience Phoenix pay problems.

Learn more about all our work to help PSAC members impacted by Phoenix as we look back on six years of the pay fiasco.

This article was first posted on the PSAC website.

PSAC extends solidarity to the people of Ukraine 

PSAC condemns Russia’s senseless attack on Ukraine and extends its full solidarity to the people of Ukraine.

Canada’s unions, including PSAC, continue to urge the Canadian government to welcome all those fleeing Ukraine and to provide more humanitarian aid to those displaced by the war and those still in Ukraine. The government must take action to ensure refugees can reach Canada quickly and safely.

PSAC members are encouraged to aid victims by donating to the Red Cross’s Humanitarian Crisis Appeal online at www.redcross.ca.

PSAC also extends its solidarity to the people of Russia openly opposing the war. The Canadian government must work with the international community to do everything possible to de-escalate the crisis and find a peaceful solution.

This article was first posted on the PSAC website.

See also CIU’s statement shared on February 25.

FB bargaining: PSAC serves notice to bargain, prepares for bargaining conference

PSAC has taken the first step to begin the next round of negotiations for more than 8,500 PSAC-CIU members in the FB group by serving Treasury Board with notice to bargain.

After issuing an input call for bargaining demands, the union received over 1,000 proposals from PSAC-CIU members working for the Canada Border Servies Agency (CBSA). Next month, members from every Customs and Immigration Union branch across Canada will meet in person at our national bargaining conference in Ottawa, from March 31 to April 2, to elect a bargaining team and discuss priorities for a new round of bargaining. Our initial bargaining dates will be determined soon after.

The unprecedented mobilization by FB members during our last round of bargaining was critical in securing important gains — including better protections against excessive discipline, a streamlined grievance process, and additional improvements in line with what other Canadian law enforcement agencies provide. PSAC-CIU is committed to continuing to build on these gains.

Throughout the pandemic, PSAC-CIU members at CBSA have gone above and beyond to serve Canadians and protect our borders. It’s time for the employer to recognize that dedication and hard work by making the CBSA a better and safer place to work.

Stay in touch

Please be sure to keep your contact information up to date via the member portal to receive all the latest updates as we negotiate your next contract.

If you have any questions, please contact your CIU branch president or PSAC regional office.

This article was first posted on the PSAC website.

Ongoing protests against bilateral vaccine mandate: Letter to CTA President Laskowski

CIU National President Mark Weber sent the following letter to Stephen Laskowski, President of the Canadian Trucking Alliance, on February 3, 2022.

Dear President Laskowski,

It is with great interest that I have been reading the recent statements issued by the Canadian Trucking Alliance in response to the ongoing protests against mandatory vaccination for truck drivers and other essential workers crossing the Canada-U.S. border.

Last August 6, when members of the Customs and Immigration Union undertook their work-to-rule strike action as part of contract negotiations, the overwhelming majority of truck drivers demonstrated patience and consideration towards Border Officers, speaking to the professionalism of your membership. In the last few weeks, the feedback from our members on the frontline has also been unequivocal: Since the implementation of the mandatory vaccination policy for cross-border travel in late January 2022, interactions between Border Officers and truck drivers entering Canada have continued to be positive.

As the CTA noted in its communications, most truck drivers are vaccinated and are complying with COVID-19 related regulations. With CBSA personnel and truck drivers interacting on a daily basis across Canada, I am greatly appreciative of the fact that our respective memberships have been doing their part to ensure the health and safety of everyone involved in maintaining the flow of commercial goods entering the country.

While the right to protest is an undeniable strength of our democracy, it is certainly unfortunate to see that some individuals have elected to voice their irritation with current regulations in a way that casts a shadow on the rest of the truck driving profession. I am certain that Canadians everywhere know that these actions are not representative of your members in general. Acts of intolerance cannot be condoned or ignored, and I am glad to see the CTA taking a strong position against such behaviour.

In closing, I wish to thank your members for working the front line throughout the pandemic, and offer my full support to you and your organization in these challenging times. In line with what you yourself have stated, only by working together toward a common goal can we hope to mitigate the effect of the ongoing pandemic. In that spirit,

Best regards,

Mark Weber
National President
Customs and Immigration Union

Click here for the PDF version.

Trafficking of illegal firearms: CIU National President highlights important gaps, calls for increased reliance on border officers

On Tuesday, February 1, 2022, the National President of the Customs and Immigration Union, Mark Weber, testified in front of the House of Commons Standing Committee on Public Safety and National Security as part of their study on gun control and illegal arms trafficking, highlighting the union’s concerns regarding Canada’s ability to curb smuggling activities.

Border Officers must be allowed to operate between ports of entry

In his opening statement, National President Weber brought to the Committee’s attention three areas of particular importance: Long-standing and widespread understaffing at CBSA, important operational gaps impacting highway, marine, and rail modes of operation, and the pressing need for increased reliance on the unique expertise of CBSA personnel, including between ports of entry.

“If the Government of Canada is serious in addressing the problem of illegal firearms smuggled across the border, the mandate of border officers must be expanded so as to assist in patrolling between crossings” said Weber to the Committee, criticizing the current inability of CBSA officers to operate outside ports of entry. “It is a well-known fact that the border between Canada and our neighbours to the south is the longest undefended border in the world. While this is certainly a testament to the good relations between our two countries, it also comes with its own unique security challenges. To mitigate these, we invite the Government of Canada to empower its CBSA officers to further help curb smuggling activities into Canada from land or sea routes, including between ports of entry.”

Outdated and insufficient infrastructure

During the three-hour long session, the CIU National President also highlighted issues affecting most modes of operation, including outdated or insufficient infrastructure, pointing to rail operations as a particularly glaring example, amongst others: “The reality is that our current operational abilities in the rail field are virtually non-existent: Canada has zero examination capabilities directly at the border, due in part to geographical issues, inadequate tools, and political decisions not to force rail carriers to supply the necessary facilities. In other words: There is an almost 0% chance that any illegal weapon entering the country via rail will ever be found.”

National President Weber’s message was clear: CBSA needs to not only address the pressing staffing issues that compound important operational gaps, but it should also further rely on the unique expertise of its officers when it comes to policy decisions. “Too often will management take a course of action that either does not take into account, or blatantly disregards, the reality in the field. We believe that this could be corrected through meaningful consultation with, and effective involvement of, our members.”

A recording of the Committee proceedings can be viewed here.