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

23 April 2020

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

23 April 2020

Image of border crossing with the words "COVID-19"

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

20 April 2020

Image of a candle with the words Nova Scotia

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

17 April 2020

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.

19th CIU National Convention

14 April 2020

Due to the ongoing COVID-19 pandemic, the 19^th CIU National Convention scheduled to take place in October 2020 has been postponed to 2021.

Continuer

COVID-19: Health and Safety update

9 April 2020

We are pleased to see the great work being done across the country by our Union representatives, Health and Safety committees, and most of all our members, who continue to provide critical services for all Canadians.

We have now had 19 CBSA employees test positive to COVID-19, a number far greater than what we expected to see, and one that we must do all we can to stop from growing.

Included here are some points that Branches and your workplace Health and Safety representatives are currently working on. Adhering to the hierarchy of preventative measures established in Part 122.2 of the Canada Labour Code Purpose of Part is the law, and we must ensure that it is being applied.

Guiding principles to keep in mind

Scheduling:

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.

Other issues:

For telework, ensure that all safety factors are considered when members must attend the workplace to gather files/computer equipment, etc.;
Ensure that members performing non critical work are not being forced to remain in the workplace;
Ensure that vulnerable employees are not forced to attend the workplace;
Ensure that we participate in establishing where and how plexiglass is being installed in the workplace;
Review and ensure that the cleaning guidelines for radios is being followed (especially if radios must be shared);
Review and ensure that the cleaning guidelines for cars is being followed;
Ensure that the donning and doffing guidelines for N95 and surgical masks is being read and followed by members;
Explore having cleaning/disinfecting equipment made available in the workplace.

COVID-19: Update – Week of April 6

8 April 2020

In response to the ongoing COVID-19 pandemic, the CIU National Executive and CBSA have been meeting by teleconference on a weekly basis to ensure the health and safety of our members and those close to them. On April 6, we discussed the following.

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Guidance – COVID-19 leave provisions, employer-employee conversations and work equipment

8 April 2020

The following message was sent by the Treasury Board of Canada Secretariat’s Chief Human Resources Officer.

As the public service continues to implement exceptional measures to curb COVID-19 and its impact on Canadians, we are all working to ensure the health and safety of our employees. Thank you for your sustained attention to these matters.

As the pandemic situation continues to evolve and physical distancing measures are expected to continue for several more weeks, I am providing updated guidance today regarding remote work and leave provisions after April 10, 2020. I am also sharing some additional information and resources about positive diagnoses of COVID-19 in the workplace and equipment for working remotely.

Remote work and leave provisions

We have updated our guidance regarding remote work and leave provisions, including the use of ‘Other Leave with Pay (699)’ and it is now available on the Employee illness and leave page on Canada.ca. Employees who are able to work are generally fulfilling their duties remotely, or on-site when critical work cannot be carried out remotely. Managers can authorize ‘Other Leave with Pay (699)’ for employees who attest that they cannot work for the following reasons: (a) they have been diagnosed with COVID-19 or are experiencing related symptoms; (b) are at high risk for severe illness from COVID-19 and cannot work remotely; or (c) are living with a dependant that is at high risk for severe illness from COVID-19 and cannot work remotely.

As indicated in a previous bulletin, managers must communicate regularly with their employees to provide clear expectations and show flexibility as may be called for. This update has been informed by the persistent situation, the need to continue to support physical distancing and self-isolation, best practices and fairness to our workforce.

Disclosure and Management of COVID-19 cases

As part of our efforts to ensure that we are addressing cases of COVID-19 across the public service in a consistent manner that safeguards the health and safety of our employees, we have posted more information regarding employer and employee responsibilities to communicate any suspected or confirmed positive diagnoses among our workforce. This information builds on the guidelines that were recently shared with your Labour Relations and Communications communities.

Equipment for working remotely

While most employees have the standard equipment needed to work remotely, the duration of this crisis has led to questions about providing employees with additional equipment. Providing additional equipment to employees depends on the unique context in each department and the situation of the individual employee. Working with the Office of the Comptroller General, we have enclosed a framework to assist in making these decisions, clarifying who should receive what equipment, and how such equipment should be provided.

As always, in making such decisions, we must ensure the need is sufficiently pressing. We must, as well, respect value for money and remain prudent stewards of resources.

Validity period of TBS guidance

This updated guidance, and all other measures announced to assist our workforce throughout the exceptional circumstances caused by the fight against COVID-19, will remain in effect until non-critical business is authorized to resume or as indicated otherwise by the Employer. This may occur at different times across the country, as instructions from public health authorities are issued. We will continue to consult with your teams and bargaining agents as we adjust any guidance as necessary based on how the situation, and the governments’ response to the pandemic, are evolving.

I am grateful for your cooperation during this difficult time. Remember to look after yourselves and your family. Please also remind employees to refer to the helpful content on our COVID-19 site that includes information on safeguarding mental health and working remotely.

COVID-19: Changes to the Public Service Health Care Plan

3 April 2020

Image d'un poste frontalier avec le mot "COVID-19"

Due to COVID-19, PSAC has agreed with the employer to make some temporary amendments to the Public Service Health Care Plan, which will assist members in accessing the services that they need.

These changes include:

Extension of the Emergency Benefit while travelling to 60 days from 40

The following changes will be made up until April 24, 2020:

Any member can see a social worker and it will be covered under your psychological benefit (up to the regular annual maximum)
You do not need a doctor’s prescription to access physiotherapy or psychological services
Dispensing limit for maintenance medication will allow members to get their medication sooner, if required, and potentially get a supply for more than the 100 days’ limit which currently exists.

The full set of changes and further details can be seen here.

We will continue to work on this situation and will meet with the Employer to potentially make further amendments to Plan during the pandemic.

We are also planning a full set of negotiations for the Plan in the very near future. We will update members as those negotiations get going.

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

COVID-19: Update – Week of March 30

1 April 2020

In response to the ongoing COVID-19 pandemic, the CIU National Executive and CBSA have been meeting by teleconference on a weekly basis to ensure the health and safety of our members and those close to them. On March 30, we discussed the following.

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