Canada Border Services Agency officers are not entitled to foreign assignment benefits for crossing into the United States on short trips, a federal labour board has ruled, dismissing claims that routine drives to Blaine, Washington, count as international postings.
Fourteen CBSA officers based in Surrey, BC, sought benefits under the National Joint Council’s Foreign Service Directive after their work required regular visits to a U.S. Customs office 10 kilometres across the border.
Blacklock's Reporter says the office, previously accessible on foot across a parking lot, was relocated in 2015 to Blaine, requiring officers to cross the border by car.
The officers argued these trips qualified as foreign assignments, entitling them to perks such as travel reimbursements, waived roaming charges, and enhanced health and dental coverage.
But adjudicator Christopher Rootham of the Public Sector Labour Relations and Employment Board disagreed, calling the situation comparable to many Canadians who cross the border for work daily.
“There are thousands of employees who commute across the Canada-U.S. border every day,” Rootham wrote. “The grievors’ circumstances are not significantly different from those faced by a large number of other Canadians.”
Although the officers technically met the definition of “foreign assignment employees,” the board ruled that the benefits are intended for federal staff posted abroad — not those who return home each day.
“The purpose or intent of the directives is to reimburse expenses incurred by employees who reside and work abroad,” Rootham stated. “They are not eligible for any of the special benefits available under the directives.”
The decision concluded that the employer had no obligation to provide additional compensation, despite any discretionary authority it may hold.
The ruling did not specify how much the officers were seeking, though the Travel Directive includes meal allowances of $113 per day.
CBSA data show that roughly 45 million people drive into Canada annually, along with 31.8 million air travelers. Commercial truck crossings total 4.5 million per year.
