Press Release – Arming of CBSA officers at airports in Canada: New federal policy is troubling, says Customs and Immigration Union

Airplane on tarmac seen from above with the words "Arming at airports"

OTTAWA, May 5, 2019 – The National President of the Customs and Immigration Union (CIU) has denounced as “troubling” the recent announcement by the federal government that CBSA Border Services Officers (BSO) will still not be authorized to carry their sidearm at all times while performing their duties at airports in Canada.

For years, CIU, which represents 10,500 members, most of whom are front-line border services and inland immigration enforcement officers, has been vocal about the issue of federal policy preventing border officers from carrying their sidearm while on duty. Roughly 85% of BSOs working at Canadian airports are not allowed to have their firearm on their person, despite being trained under federal standards to do so. Instead, they are required to keep their firearm locked away.

Transport Canada’s Aviation Security Regulations allow other law enforcement agency officers to be armed while performing their duties at Canadian airports, and it has been a long and constant struggle to have this situation corrected for BSOs.

For more than a decade, the union has championed to have this public safety flaw corrected. CIU National President Jean-Pierre Fortin explained why:

“Having our officers, who are trained and equipped, forced to keep their sidearms locked up is a serious gap in public safety given where they work and what they do on behalf of Canadians. This issue has become increasingly serious in recent years, as airports are mass population venues where deadly attacks have taken place throughout the world, including on North American soil. Law enforcement, including border officers, must be able to deal immediately with unforeseen public safety threats that could result in the loss of life.”

The issue was largely ignored by different governments until recently, when CIU was informed that an operational solution was on the horizon. This new solution, however, is clearly inadequate, says Jean-Pierre Fortin:

“Unfortunately, the policy announced by the federal government has serious and glaring deficiencies which will unquestionably put the safety of Canadians at risk. While the new policy does authorize officers to carry their sidearm in defined circumstances, important limitations mean that the situation has not changed significantly.” 

The federal government’s plan is not entirely clear, but the following information was provided in a recent communication from CBSA President Ossowski to CBSA officers:

  • The authorization for CBSA officers to carry their sidearms will not be an amendment to the Transport Canada Aviation Security Regulation but instead will be in a new Regulation. No explanation was given as to why.
  • Officers working at Class 1 airports and at US Preclearance locations will be authorized to carry their sidearms when working outside the air terminal or in transiting back to the terminal.
  • Officers will only be authorized to carry their sidearms inside the terminal when conducting investigations and/or surveillance of persons or goods/baggage or when conducting short-term activities for periods of up to 60 minutes. No definition of “activities” was provided.

The lack of clarity along with the unanticipated inclusion of time limits raise serious public safety concerns for CIU National President Fortin:

“While we welcome this step toward formal authorization of CBSA officers being armed at airports, the vagueness of the new policy is both troubling and alarming. The restrictions regarding undefined ‘short term activities’ and the imposition of arbitrary time restrictions are completely illogical. Whoever came up with this concept does not understand, or care about, the officers’ reality of dealing effectively and immediately with often unpredictable public safety threats. When the public is at risk, seconds matter. Having a process that requires approval and retrieval of locked up firearms puts people’s lives in danger.”

For the National President, this policy also represents a misguided use of resources:

“Canadians need fully trained and equipped BSOs on duty. Canadian taxpayers have paid for that training, but due to shortsighted policies such as this one, they are not reaping the security benefits at airports. CIU will not rest until these issues are resolved appropriately so that the Canadian public we serve has the protections it deserves.”

The Customs and Immigration Union (CIU) is a component of the Public Service Alliance of Canada (PSAC), which represents Canada’s Front-Line Customs and Immigration Officers. CIU also represents Investigation, Intelligence and Trade Customs Officers, Immigration Inland Enforcement and Hearings Officers, Program Officers, Targeting Officers, as well as support staff – all of whom work at the Canada Border Services Agency (CBSA).

Download the PDF version of the press release.

PA, SV, EB & TC groups: PSAC declares bargaining impasse as Liberals fail to deliver

Bargaining

PSAC’s bargaining teams are declaring impasse after the Liberal government failed to make substantial progress towards a new contract. Teams representing 90,000 public service workers met with government officials from April 30 to May 2.

“PSAC members are incredibly disappointed and frustrated that, after almost a year of talks, the government squandered this critical opportunity to negotiate a fair contract for public service workers before the House rises for the federal election,” said Chris Aylward, PSAC National President. “We’ve been left with no choice but to declare impasse and start the process that will lead to strike preparations.”

Rather than focusing on making quick progress at the table, the government waited two days to present what it claimed to be a comprehensive package of proposals. While some proposals, taken alone, leaned in the right direction, these were contingent on the union agreeing to unacceptable contract concessions.

After three years of the Phoenix nightmare, PSAC will not return to the table until the government shows a genuine willingness to deliver the fair deal our members deserve.

Falling short on pay and retro

The Trudeau government’s offer of 1.5 per cent in each year of four years falls well below the rate of inflation and short of the nearly 2 per cent pay raise given to Members of Parliament on May 1. Also, the government wants workers to wait for up to 18 months after the new contract is signed to receive retroactive pay. The current retro pay implementation period is 5 months.

Concessions on mental health and child care, resistance on breastfeeding breaks

The government is also insisting on dissolving the existing Memorandum of Understanding on mental health (MOU) and refusing the union’s proposals to replace it with an updated framework, putting at risk years of joint progress on this issue. Moreover, the government is refusing to implement recommendations stemming from a previous child care MOU, and is resisting our proposal to allow nursing women breastfeeding breaks. These positions are at odds with the Liberals’ claimed feminist agenda and the right to breastfeed in the Canada Labour Code.

“PSAC made it clear over the last few months that this bargaining session was Trudeau’s last chance to restore a respectful relationship with public service workers—as he promised to do back in 2015,” added Aylward. “If he’s not willing to make this right before the next election, I know PSAC members won’t forget it when they head to the ballot box.”

PSAC had previously declared bargaining impasse in December, following the government’s insulting offer of a two-year wage freeze but agreed to return to the table to give Trudeau ample opportunity to make things right.

PSAC remains committed to achieving a new contract that improves work-life balance, strengthens job security, closes wage gaps with the private sector, and ensures fair economic increases.

The bargaining sessions covered four bargaining units under Treasury Board: Program & Administrative Services (PA)Technical Services (TC)Operations Services (SV), and Education & Library Science (EB).

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

Trudeau’s Phoenix compensation offer not good enough – PSAC determined to get the fair settlement its members deserve

Fix Phoenix Pay System Logo

PSAC President Chris Aylward issued the following statement:

After two years of negotiations, the Liberal government has offered only 1.25 days of leave per year, for 4 years, as general compensation to every member who has fallen under the disastrous Phoenix system. PSAC could not agree to this meagre proposal.

The 1.25 days per year is far too little to compensate or even recognize the massive impact that Phoenix has had on peoples’ lives. Over 270,000 workers have been directly impacted and suffered financial losses. Many were also forced to delay career advancement, cancel parental leave, experience high levels of anxiety, reduce their support of family members, and delay retirement – to name a few of the serious adverse effects. There remains a backlog of 240,000 cases to be resolved. More than 100,000 workers are still waiting to have their last collective agreements implemented.

This offer, also contains other elements that we cannot accept, such as imposing a $1500 threshold before some claims for compensation can be filed. In addition, many members would be unfairly prevented from cashing out the leave offered due to restrictive provisions in their collective agreements.

Our members make up the bulk of the federal public service and have suffered enormous damage because of the Phoenix pay system. Yet they have kept showing up to work every day, delivering the critical services Canadians depend on. Our union will not trade in four years of our members’ pain and suffering for a settlement that does not adequately compensate for the terrible toll Phoenix has had on their lives and that of their families.

In the days and weeks ahead, PSAC will continue to negotiate with the government to secure fair compensation for our hard-working members – they deserve nothing less.

Read more about PSAC’s Phoenix damages negotiations

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

Moment of truth: Will Trudeau live up to his commitment to public service workers?

Bargaining

After more than ten months of bargaining defined by delaysinsulting offers and frustratingly slow progress towards a fair contract, PSAC’s bargaining teams are giving the government one last chance at the negotiating table. The teams, representing 90,000 workers covered by Treasury Board, will be meeting with government officials between April 30 and May 2 in Ottawa. PSAC made it clear to Prime Minister Justin Trudeau over the last few months that his window to restore a respectful relationship with public service workers—as he promised to do back in 2015 —is closing. With the fall federal election looming and the summer parliamentary recess fast approaching, substantial progress must be made at the next bargaining sessions.

Since the beginning of talks last year, PSAC has presented reasonable proposals on behalf of members to improve work-life balance, reduce precarious contract work, close wage gaps with the private sector, and ensure fair economic increases. Unfortunately, the government has been unwilling to take the steps necessary to address these concerns and has insisted on annual wage increases of only 1%, around half the rate of inflation.

Over the last few weeks, PSAC members across the country ramped up pressure on Liberal Members of Parliament to help ensure a fair contract is reached. They organized lobby meetings, rallies and sit-ins, and sent over 4,000 letters warning MPs that time is running out.

PSAC members also reminded Liberal MPs that public service workers are still waiting to be paid correctly more than three years after the flawed Phoenix pay system was launched. And they are still waiting to be compensated for all the hardships they’ve endured. These members should not have to wait any longer for the fair working conditions they deserve.

The coming sessions will cover four bargaining units under Treasury Board: Program & Administrative Services (PA)Technical Services (TC)Operations Services (SV), and Education & Library Science (EB).

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

National Day of Mourning

Image of candle to symbolize mourning, for the April 28 Day of Mourning

April 28 is the National Day of Mourning. On that day, we will once again remember those who lost their lives due to work-related causes. Since 1995 and in Canada alone, some 20,000 workplace deaths have occurred. Today, the National Day of Mourning is recognized in over 100 countries around the world.

CIU attaches great importance to its members’ health and safety. We must do all we can to prevent needless suffering as a result of hazardous and unhealthy working conditions and continue to promote safe working conditions for our members.

On April 28, we encourage all Customs and Immigration Union members to observe a moment of silence at 11:00 a.m., and to attend local events organized to commemorate the Day.

Get reimbursed for Phoenix-related tax issues

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As the tax filing deadline quickly approaches, we know that Phoenix has made tax season extra stressful for many public service workers. PSAC has long-secured measures to help alleviate some of the tax-related financial losses caused by Phoenix pay problems.

Frequently Asked Questions: 2018 Tax Implications of Phoenix payroll issues

Reimbursement for tax advice

Public service workers impacted by Phoenix can reach out to tax experts to help determine if there are errors on their T4s and determine whether there are tax implications for those errors. Members can be reimbursed for this tax advice up to $200 per year (taxes included).

To file a claim, complete this online form.

More information can be found at Claims for expenses and financial losses due to Phoenix: reimbursement for tax advice.

Claim for impacts to income taxes and government benefits

Those who have been impacted by Phoenix may also be facing financial loss due to the incorrect reporting of their salaries. Often this is due to:

  • overpayments put an individual into a higher tax bracket, causing them to owe more in income taxes, or
  • the increased income caused an individual to be ineligible, or eligible for less, government benefits and credits such as the Canada child benefit.

To find out if you are eligible to be reimbursed for these types of financial losses, go to Claims for expenses and financial losses due to Phoenix: Claim for impacts to income taxes and government benefits.

Claim out-of-pocket expenses

Anyone who has been financially impacted by Phoenix, tax-related or not, may also be eligible to claim out-of-pocket expenses. Out-of-pocket expenses include things like penalty fees, interest charges, or NSF (non-sufficient funds) charges.

Visit Additional Financial Expenses Incurred Because of Phoenix Pay System Errors to get more information and fill out the claim form.

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

1996: Joint Police & Peace Officers Memorial Service

Our fourth historical vignette highlights an important step in border officers being recognized as part of the law enforcement community. 

As a founding member of the Canadian Peace Officers Memorial Association, CIU (then CEUDA) was instrumental in ensuring that border officers be present on Parliament Hill to pay homage to those who paid the ultimate price.

A memorial service had first been held in 1977 to honour police and federal correctional officers. By 1994, thanks to union involvement, a separate ceremony was also held specifically for Peace Officers. Finally, in 1996, for the first time in history, Canadian Police Officers and Peace Officers held a joint memorial service on Parliament Hill to honour those who lost their lives in the line of duty.

Today, we can be proud of our Sisters and Brothers who, every year, stand beside their law enforcement colleagues to honour their fallen.

Two border services officers, with text on the creation of the join police and peace officers memorial service
Click for full-size version.

For more union victories, see this page, and follow us on social media using #CIUvictories.

2006: Arming Initiative

The third entry in our series celebrating our union milestones takes a look at a major turning point for border officers.

The arming of officers did not happen overnight. CIU (then CEUDA) had to lobby for years to convince the government that arming border officers was as important as providing protective vests and general safety equipment.

Pressure on the employer reached a peak in the early 2000s. The government’s position at the time was that border officers should let the police deal with dangerous situations, going so far as to compare the role of border officers to that of bank tellers. Ill-equipped to defend themselves and perform their duties, border officers were understandably frustrated.

Through work refusals, coast-to-coast consultations, and in-depth studies, the union wore out the employer’s objections and found support with the public. Finally, in 2006, the arming initiative became reality, with then 1st National VP Jean-Pierre Fortin (now National President) noting in 2007 that it represented “the largest cultural shift facing border services and [CIU] in our collective pasts.”

Close-up of a BSO with a gun, with text explaining how the union fought for its members to be armed
Click for full-size version.

For more union victories, see this page, and follow us on social media using #CIUvictories.

Treasury Board bargaining: April talks will be Trudeau’s last chance to deliver on commitment to public service workers

Bargaining

PSAC bargaining teams representing 90,000 members under Treasury Board only saw small movement from the government at talks last week despite a rapidly closing window for Prime Minister Justin Trudeau to deliver on his commitment to public service workers.

After some small positive steps at talks in February, PSAC was hopeful that the government would come to the March meeting ready to make major progress.

“Unfortunately, the government once again squandered the opportunity to make major progress towards a fair contract,” said Chris Aylward, PSAC’s National President. “Since coming into office, Trudeau committed to restoring the government’s respect for the public service. Those are nice words, but reaching a fair contract before the federal election in October is the only way he can deliver on that promise to PSAC members.”

Since bargaining began almost ten months ago, PSAC’s teams have presented reasonable proposals to improve work-life balance, reduce precarious contract work, close wage gaps with the private sector, and ensure fair economic increases.

Yet, for most of that time, the government has repeatedly delayed progress and resorted to making insulting offers, such as the November proposal for a two year wage freeze. Though the government has since moved away from that proposal, it continues to insist on an annual wage increase of only 1%, around half the rate of inflation.

“Trudeau’s window to deliver on his commitment to support public service workers and the vital services they provide Canadians is closing, but we’re willing to give him one more chance in April,” added Aylward. “We’re going to ramp our mobilization between now and then to make sure the government understands that they are running a high risk if they don’t give PSAC members a fair deal before the election.”

“PSAC members are still waiting to get paid properly under Phoenix, and they’re still waiting, after three years, to be compensated for all the hardships they’ve endured because of these countless pay problems. They shouldn’t also have to wait for the fair working conditions they deserve.”

Last week’s sessions were held between March 19 and 21 and covered four bargaining units under Treasury Board: Program & Administrative Services (PA), Technical Services (TC)Operations Services (SV), and Education & Library Science (EB).

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

March 2019 Young Workers Conference Call

Banner with the words Young Workers
If you are 35 years old or younger and want to get involved with your union, you are invited to participate in the next CIU Young Workers conference call, on March 27, 2019, 7-8 p.m. (ET). This is an opportunity to make your voice heard and discuss shared issues with your fellow young workers.