Bravo MP Pierre-Luc Dusseault for keeping the pressure up on FATCA!

With thanks to badger, who found this and passed it on.

The NDP now pressures the Liberals on FATCA IGA information turnover.
Here is some info on MP Pierre-Luc Dusseault, Critic for National Revenue (this guy is doing his job!). Perhaps we should thank him, communicate with him on an ongoing basis, etc. Contact info at bottom of post.
 

 

Q-352 – January 21, 2016 – Mr. Dusseault (Sherbrooke) –
 
 
With respect to the September 2015 announcement of the Canada Revenue Agency (CRA) that it would effectuate a transfer of information to the United States Internal Revenue Service (IRS):
 

  • (a) how many records has the CRA transferred to the IRS to date;
  •  

  • (b) on what dates did information transfer occur and how many records were transferred on each date;
  •  

  • (c) how many records of individuals have been transferred in total;
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  • (d) by what means were the records transferred;
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  • (e) how much did it cost the CRA to compile the records for transfer;
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  • (f) how much did it cost the CRA to complete the transfer;
  •  

  • (g) how were the costs in

      (e) and (f) calculated and what is the breakdown of those costs;

  •  

  • (h) who made the decision to transfer the records;
  •  

  • (i) when was the decision made to transfer records;
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  • (j) when did the CRA become aware that the U.S. Treasury had extended the deadline for such transfer
  •  

  • (k) how was the CRA made aware that the U.S. Treasury had extended the deadline;
  •  

  • (l) what steps were taken to assess and respond to the notice of deadline extension in (j)
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  • (m) what was the policy reason for transferring records despite the deadline extension;
  •  

  • (n) when is the next transfer of records scheduled to take place;
  •  

  • (o) what analysis was conducted to assess whether the transfer of records during the   writ period for the 42nd General Election complied with the “Guidelines on the Conduct of   Ministers, Ministers of State, Exempt Staff and Public Servants During an Election”;
  •  

  • (p) what records exist with respect to any analysis conducted in relation to (o);
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  • (q) was information concerning the transfer of records from the CRA to the IRS included in any  transition materials prepared for a potential change in government or the Ministers responsible for CRA and Foreign Affairs;
  •  

  • (r) what documents exist in relation to (q) and what are their file numbers;
  •  

  • (s) has the new Minister responsible for CRA been informed of information transfers to the IRS and, if so,

    (i) when,
    (ii) how,
    (iii) by whom,
    (iv) with what documents produced or prepared for this purpose;

  •  

  • (t) has the new Minister of Justice been informed of the information transfer and been provided with any analysis of its legal implications and, if so,

    (i) when,
    (ii) how,
    (iii) by whom,
    (iv) with what documents produced or prepared for this purpose;

  •  

  • (u) have Canadians who will be affected by the transfer been informed of the transfer of their  records;
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  • (v) what plans exist with regard to informing Canadians about the transfer of their records;
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  • (w) has any proposal to inform Canadians of the transfer of their information to the IRS been evaluated by the government and, if so, with what conclusions;
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  • (x) what documents exist in relation to (w) and what are their file numbers;
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  • (y) what legal challenges does the government anticipate with respect to information transfer,and how is it preparing to respond;
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  • (z) what measures are in place to ensure the security of record transfers to the IRS; and
  •  

  • (aa) has the Privacy Commissioner been consulted or involved in any way in the preparation or planning of record transfer to ensure conformity with applicable laws regarding the exchange of Canadians’ personal information and, if so, to what extent?
  •  
     

    NDP page

    Twitter: @PLDusseault

    FB page

    Contact via webpage

    Pierre-Luc.Dusseault@parl.gc.ca

    Ottawa:
    Telephone: 613-943-7896
    Fax: 613-943-7902

    100 Belvédère Street South (Main Office)
    Suite 130
    Sherbrooke, Quebec
    J1H 4B5
     
     

9 thoughts on “Bravo MP Pierre-Luc Dusseault for keeping the pressure up on FATCA!

  1. badger

    Is this a new Order Question?
    Q-1072 — April 18, 2016 — Mr. Dusseault (Sherbrooke) — With regard to the exchange of information between Canada and the United States (US) under the Foreign Account Tax Compliance Act (FATCA): (a) how many individuals were reported, in total and broken down by (i) Canadian citizens, (ii) permanent residents of Canada, (iii) temporary residents of Canada; (b) how many individuals were reported, broken down by (i) individuals with Canadian addresses, (ii) individuals with US addresses, (iii) individuals with addresses in other countries; (c) how many accounts were reported, in total and broken down by (i) bank accounts, (ii) credit union accounts, (iii) investment accounts, (iv) insurance accounts, (v) other types of accounts; (d) with respect to (c)(iii), what types of insurance accounts were reported; (e) with respect to (c)(v), what other types of accounts were reported; (f) of the accounts reported, how many were (i) under $50,000 US, (ii) between $50,000 and $1,000,000 US, (iii) over $1,000,000 US; (g) of the accounts reported, how many were (i) Registered Retirement Savings Account accounts, (ii) Registered Education Savings Account accounts, (iii) Registered Disability Savings Account accounts, (iv) Tax Free Savings Account accounts; (h) of the accounts reported, how many were held jointly with one or more non US persons, broken down by type of account and indicating the type of relationship between the joint account holder and the US person, if it is known; (i) how many accounts of organizations were reported to the IRS because a US person had signing authority, interest in, or other connection to the organization; (j) of the accounts that were reported, how many were (i) business accounts, (ii) professional accounts, (iii) charitable or non-profit organization accounts, (iv) connected to other organizations, broken down by type of organization; (k) what agency, organization, and individuals was the information provided to; (l) what measures were taken to ensure this information will not be provided to any other agency, organization, and individuals; (m) what measures were taken to ensure that information transmitted will not be subject to identity theft, fraud, other criminal activities, or breach of privacy; (n) how many records did Canada receive from the US, in total and broken down by (i) individuals who live in Canada, (ii) individuals who live in the US, (iii) individuals who live in other countries, broken down by country; (o) how many accounts did Canada receive information about; (p) what type of information was in the records Canada received; (q) did Canada receive information regarding (i) income from the accounts, (ii) total assets in accounts, (iii) account balances, (iv) transactions, deposits and withdrawals, (v) account numbers, (vi) names of account holders, (vii) Social Insurance Numbers, (viii) other related information; (r) what type of information did Canada receive that was not provided by the US prior to the FATCA Intergovernmental Agreement; and (s) when did Canada receive the information?

    http://www.parl.gc.ca/HousePublications/Publication.aspx?Pub=NoticeOrder&File=9

    Publications – May 10, 2016 (Previous)
    Order Paper and Notice Paper | Projected Order of Business

    Tuesday, May 10, 2016 (No. 52)
    Questions

    Reply
    1. badger

      MP Dusseault should be made aware that re ‘reciprocity’, re the OECD CRS (that the CONs said the FATCA IGA was a necessary stepping stone to):

      “Of those jurisdictions asked to commit to a timetable only Bahrain and the USA remain.”
      https://haydonperryman.com/2016/04/15/is-there-an-american-elephant-in-the-room/
      citing;
      Source: OECD SECRETARY-GENERAL REPORT TO G20 FINANCE MINISTERS, Washington D.C. United States, April 2016.
      http://www.oecd.org/tax/oecd-secretary-general-tax-report-g20-finance-ministers-april-2016.pdf

    2. Lynne Swanson

      Thanks Badger. I submitted those questions to Mr. Dusseault from the ATI request I sent to CRA.

      http://maplesandbox.ca/2016/dear-cra-please-provide/

      After I made my submission, a source outside of government told me CRA is not required to compile the data if they have not already done so in an ATI request, but they are required to do it for an Order Paper.

       So I sent my original questions to Mr. Dusseault which he submitted in the Order Paper.

      I received a letter from ATI at CRA the end of last week advising:

      An extension of up to 120 days beyond the 30-day statutory time limit will be required in order to process this request. We are applying this extension in accordance with paragraphs 9 (1) (a) and 9 (1) (b) of the Act since meeting the original time limit would unreasonably interfere with the Canada Revenue Agency’s operations and because consultations are necessary to comply with the request and they cannot be completed within the original time limit.

      So, that is a total of 150 days for them to respond to my ATI request–which takes it to August. They are required to respond to Mr. Dusseault in 45 days, BUT his responses will also be delayed until September because the House is not sitting for 45 days after he submitted his Order Paper.

       

      Why am I not surprised? I predict they will find a way to weasel out of giving answers when they do respond. I predict obfuscation, stonewalling and redacting.

       

      http://maplesandbox.ca/2016/dear-cra-please-provide/

  2. Lynne Swanson

    Thanks Northern Shrike. I know a francophone Canadian has also contacted him.

    I spoke with his Assistant this afternoon. He said Mr. Dusseauult and the NDP plan to continue the momentum.

    I asked again for Mr, Dusseault to ask the Minister of National Revenue during Question Period what the Liberals will do about FATCA.

    Reply
  3. NorthernShrike

    I wrote to Mr. Dusseault yesterday (in French), thanking him for posing the questions. Here is the reply I received this morning:
    ==========================================
    Merci de m’avoir écrit.

    Nous allons vous faire parvenir la réponse du gouvernement concernant les échanges d’information sous la FATCA lorsque celle-ci sera disponible. Soyez assuré que nous continuerons de questionner le gouvernement quant à la protection de la vie privée de tous les Canadiens.

    Merci de m’avoir écrit, n’hésitez pas à m’écrire à nouveau.

    Reply
  4. nobledreamer-Tricia Post author

    I am glad to hear you and Stephen contacted him. I wondered how he actually knew….ignoring his title of course. The accountant who was interviewed by CBC re: Stanstead is in Sherbrooke, I wondered if she had initiated the contact….
    I LOVE the focus on whether/what steps have been taken to notify Canadians, why was the extension not available AND of course, the frightening likelihood that IRS WILL incur a security breach………
    Thank you Lynne, for initiating contact with him….we need to hit them on every front (and this area is not my forté

    Reply
    1. Lynne Swanson

      I sent an e-mail to Mr. Desseault this morning thanking him, attaching JT’s letter to me and the Liberal statements.  I also again asked him to ask the question about what the Liberal government will do to protect Canadians.

    2. EmBee

      I’ve just sent a thank you too. I hope quite a few people do because MP Dusseault made an admirable effort to get up to speed on FATCA and then followed through with Q-352. We want the NDP to continue to remind parliament that FATCA still matters. It cannot be filed under “old business” and forgotten.

  5. Lynne Swanson

    Bravo indeed. It’s great to know the NDP are still on this issue.

    When I spoke with Mr. Dusseault’s Assistant in early December, he said he and Mr. Dusseault were just learning about FATCA and that they were both working to improve their English (which is far better than my very limited American high school French!)

    It seems these are Order Paper Questions. I believe the government has 45 days to respond. I hope Mr. Dusseault will still raise the question Stephen and I asked him to ask in the House of Commons.

    Many Liberal MPs spoke out against FATCA. Some are now Cabinet Ministers. In a letter to Lynne Swanson on June 25, 2015, Mr. Trudeau said “the government of Canada has a responsibility to stand up for its citizens when foreign governments are encroaching on their rights. We believe the deal reached between Canada and the US is insufficient to protect affected Canadians.”

    What will this government do to stand up for and protect Canadians when the United States is encroaching on their rights for FATCA?

    I will follow up next week.

    Mr. Dusseault was only 19 when he was elected to the House of Commons in 2011–the youngest MP in Canadian history. I think he has a strong future ahead of him.

    Reply

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