The Cons continue their sneaky games. They have hidden the law to enable FATCA and the IGA in the 375 page omnibus Budget Implementation Act 2014..
The enabling law begins on page 72 (Clause 99). The IGA begins on page 313.
A source tells me it is possible the FATCA legislation could pass by late May or June.
So, now we know what Finance Canada did with all of our submissions. Nothing.
UPDATE Saturday, March 29, 2014: Stephen Kish and Lynne Swanson remain in contact with Joe Arvay, including this weekend. He continues working on our case and has assured us that he wants to get this right for us.
One more lawyer told us this week that Joe is the best Charter lawyer in the country. We respect that view.
We understand that people are anxious, especially with the omnibus move by the government yesterday.However, we encourage you to be patient.
Mr. Arvay hopes to have the full legal opinion in April, but there is a possibility it could be later than that. As we mentioned in our fundraising through C3f, we will provide you with what information we can while protecting our case to the best of our abilities.
Liberal MP and former Justice Minister Irwin Cotler has tweeted his displeasure with this.
@IrwinCotler 51mVery concerned re FATCA in the leaked budget bill. Charter questions, sovereignty, privacy — these need careful review and study
#cdnpoli@Blaze
Looks like a challenge to the Charter is inevitable. Can you let us know what is happening with Joseph Arvay and the legal opinion? Thanks for the news about FATCA hidden in Budget Act.
“Fool me once, shame on you. Fool me twice, shame on me.”
Remember this, any of you who read this blog and who voted for the so-called conservative party in the last federal OR provincial election (at least in Ontario).
The so-called Conservative Party of Canada has again revealed its true undemocratic, unparliamentary colours, with the inclusion of FATCA and a lot of other unrelated matters in its latest omnibus “budget implementation bill.”
By bundling these matters in with the budget, they have made FATCA and all other unrelated matters part of a confidence motion – which means any member of the Conservative majority caucus who votes against it will be expelled from the caucus and denied the ability to run for re-election on the party’s ticket (though they could always try to get elected as independents, which in Canada is a recipe for a significant and involuntary career change).
The government caucus invited our input and comment on their enabling legislation, as well as comments from our country’s financial institutions. The deadline for the latter isn’t until April 4; they didn’t even have to decency to wait for that deadline to expire. This should demonstrate to those financial persons in Canada who thought the Conservative Party was “their” party and looking out for “their” interests, are as much fools as are any ordinary citizens who thought their submissions earlier this month were going to make any difference to anything or even be read and considered. “Consulation” with the people and institutions of Canada, by this government, is nothing but a sham and charade. It’s window-dressing and nothing more. They aren’t going to hold hearings, they won’t listen to your input, they won’t even read it. They just want to fool you into thinking you still live in a democracy where your opinions count for something with the elected government whose salaries and perks are paid for by the (Canadian) taxes you faithfully paid and will continue to pay. At higher rates than almost anyone living in the US and paying taxes to the IRS.
As Tim has reminded some of us (if not also in a blog here that I missed), this fondness of omnibus legislation began with the late unlamented “conservative” government of Mike Harris in Ontario, from which government a number of MPPs and ministers “graduated” to the Harper cabinet, notably Flaherty, Baird, and Clement among others. The current party of Tim Hudak won’t be any different in its contempt for democracy and parliament, either, if they get elected. Hudak and his buddies are the spiritual descendants of Mike Harris.
Shame on any Canadian on this blog who ever again votes “Conservative,” federally or provincially (at least in Ontario; I can’t really speak about provincial conservative governments in other provinces, as I’m not familiar with them, never having lived in any province other than Ontario). You will be a contributing author to your own misfortune, on FATCA and on other matters down the road, and will have no one to blame but yourself.
Remember this, for the rest of your life, in every Canadian federal and Ontario provincial election. Never forget. Never again. Be resolved. Vote ABC (“anyone but ‘conservative’”), vote for whoever is best positioned in your riding to deny the seat to the “conservatives.” Or be prepared to continue to live under what is a thinly disguised dictatorship. As should now be obvious to all but the blind and those who can but will not see.
Blaze, ironic isn’t is that the person our FATCA negotiation (re Dept of Finance notice Nov 2012) comments went to was the very same Kevin Shoom who is described as ; “….Kevin Shoom, Senior Chief, International Taxation and Special Projects at the Department of Finance, and the principle draughtsman of the draft legislation….”. http://business.financialpost.com/2014/03/26/leaked-documents-show-canada-intended-departure-from-fatca-agreement-with-u-s/
Repeat, the person who we in good faith made our comments to was “.the principle draughtsman of the draft legislation..”. What an utter sham and mockery of Canadian citizens and ‘democracy’. They never had any intention whatsoever of seeking any public input ( See the contact person for receiving our comments and followup emails was the very same Kevin Shoom http://www.fin.gc.ca/treaties-conventions/notices/unitedstates-etatsunis-eng.asp ). It was a done deal in a backroom with the US, with the CBA and IIAC and other members of the financial industry cheering from the sidelines and lobbying for themselves at the expense of the rest of Canadians.
@Badger: It’s also very convenient that Kevin Shoom is currently “unavailable”as is Blair Hammond at CRA.
@Everyone: It’s not much consolation, but we’re not alone.Several other pieces of legislation that have nothing to do with the budget bill are also included, according to the CBC.
http://www.cbc.ca/news/politics/conservative-budget-bill-loaded-with-unrelated-measures-critics-say-1.2590254
At least we got our own three paragraphs about FATCA (although the article does not actually mention FATCA.
In 1995, a young Stephen Harper implored the Liberal government:
That was relating to a bill that was 21 pages and incorporated 11 pieces of legislation. Harper now gives over 350 pages and uses it for everything from the environment to immigration to a foreign law like FATCA.
How can he look himself in the mirror?
This is one time I wish he would prorogue Parliament.Better yet I wish he would prorogue himself and all the other Cons.
Harper is probably an honorary US citizen.
@Joe: I wish Harper was an honorary US citizen. That would make him a “US person.” In that case,FATCA would have been dead in Canada three years ago.
Harper is probably just keeping it hidden in the closet.
http://en.wikipedia.org/wiki/Honorary_citizen_of_the_United_States
I have also posted this comment on IBS:
The more I think about it, the more I realize that the enabling legislation for Canada to cooperate with FATCA has an Achilles heel in its requirement that some Canadian citizens and permanent residents must provide a U.S. taxpayer identification number. How will the Canadian government or Canadian financial institutions be able to determine which persons living in Canada have U.S. TINs? Is mere suspicion enough? And what if the suspicion is false? Can a Canadian citizen who does not have a U.S. TIN, but is suspected of having one, be penalized for not providing one? How can a person prove s/he does not have a U.S. TIN, since even a native-born Canadian citizen could have a U.S. Green Card?
It is too bad our spineless government didn’t just take the FATCA / IGA from the USA and modify the document so the USA had to sign up and mirror the laws they are imposing on Canada.
The exceptionalists would never do it.
For Lafayette and Mother Teresa, the honor was proclaimed directly by an Act of Congress. In the other cases, an Act of Congress was passed authorizing the President to grant honorary citizenship by proclamation.
Winston Churchill’s was an identification document as an Honorary Citizen of the United States, provided as a gift from President John F. Kennedy. Though similar in appearance, it could not function as a passport.
Hmmm, what gift could our Great Leader give to the US Great Leader to be thus rewarded?
Any news on the legal opinion?
Thumbs up or down for a charter challenge?
One more lawyer told us this week that Joe is the best Charter lawyer in the country. We respect that view.
Elizabeth May tweeted that the Cons are shutting down debate on the omnibus monster budget bill that includes FATCA.
@ElizabethMay 28mShutting down debate on
#C31#omnibus budget bill. Bill is 360 pages, complex provisions. Rewrite of copyright bill, Cdn banking info to US.@ElizabethMay 33m#omnibus budget bill 2014,#C31. Only 360 pages. Why take time to study?#cdnpoli@curryb 3h“This is a remarkable breach of Canadians’ privacy” says Lib finance critic
@scottbrison re: CRA collection of tax data for IRS@curryb 3hBudget bill being debated in the House today. NDP, Libs and Greens very critical of FATCA sections…
Peggy Nash has asked the FATCA question (along with rail safety).
Peggy Nash ?
@PeggyNashNDP 43mRail Safety &
#FATCA are in the budget but won’t be debated in the House thanks to gov’t limiting debate: http://youtu.be/923KdlSuTiw#cdnpoliHere are Peggy Nash’s questions on You Tube.
Tim is always a fabulous source of information and resources. He has provided a link to yesterday’s Hansard and has drawn attention to some key anti-FATCA arguments.
From Peter Julian, House Leader of the Opposition NDP
bill.
The NDP is again calling for the removal of FATCA from the omnibus bill.
http://www.ndp.ca/news/conservatives-must-remove-fatca-budget-bill?utm_medium=twitter&utm_source=twitterfeed
And:
Here is what Nathan Cullen tweeted this morning:
@nathancullen 1h#FATCA puts privacy of 1 million Cdns at risk. Conservatives must do the right thing & remove it from budget bill http://www.ndp.ca/otuHere is what Murray Rankin tweeted:
@MurrayRankin 1hConservatives must remove
#FATCA from budget bill: NDP http://www.ndp.ca/otu#NDP#cdnpoli