I just received the following email in response to my thank you to Mr. Ted Hsu, Liberal MP for asking Question 121 in the Canadian Parliament on October 25, 2013: Question 121 re FATCA, October 25, 2013:
Thank you for your email regarding FATCA. We are awaiting an answer to Mr. Hsu’s Order Paper question, which the government must provide within 45 days. I have passed your message on to Mr. Hsu, who has asked me to respond on his behalf.
Mr. Hsu has recently posted a short write up about FATCA: http://blog.tedhsu.ca/2013/10/28/looking-for-answers-on-facta/.
The government is required to answer the Order Paper question in 45 days, but we encourage you to contact the Minister of Finance at flaherty.j@parl.gc.ca to demand that the government provide a substantive response to this question. We also invite you to prepare a petition to be tabled in the House of Commons, and we provide instructions here: http://www.tedhsu.ca/services/petitions.html .***
Thank you for your engagement with this issue. If you have any further questions, please do not hesitate to contact our office.
Thank you,
Beth P.Legislative Assistant
Office of Ted Hsu, M.P.
Kingston and the Islands
818 Justice Building, House of Commons
T: (613) 996-1955 │ F: (613) 996-1958
*** Is there anyone who wishes to take this on?
Liberal MP Ted Hsu: LOOKING FOR ANSWERS ON FATCA
Looking for answers on FATCA
Posted on October 28, 2013 by emily
Working with MP Irwin Cotler, the Liberal Party critic for Rights and Freedoms, I’ve submitted a written Order Paper Question (Q-121) on the Foreign Account Tax Compliance Act (FATCA). Written Order Paper Questions are one way that MPs can ask the government detailed and technical questions, to be answered within 45 days.
When the United States adopted the FATCA in 2010, Americans living in Canada became worried. This controversial legislation requires ‘foreign’ banks to report directly to the IRS certain information about financial accounts held by ‘American’ taxpayers–even when those accounts are in local banks of lifelong Canadian citizens who happen to also have US taxpayer status under US law. The fact that the Canadian government is considering forcing Canadian banks to report directly to an American agency is worrying, but my colleagues in the Liberal Party are also concerned that implementing FATCA might infringe on Canada’s Charter of Rights and Freedoms.
FATCA is a very complicated piece of legislation, and it requires other countries to be on board, so the US has been using “inter-governmental agreements” (IGAs) to further FATCA’s reach. The US Treasury department has even been developing “model” IGAs for other countries to fast-track and streamline the process of expanding FATCA’s global reach.
The Conservative government has, once again, been tight-lipped about whether they will be pursuing an IGA and what it might look like, or even if it would bring any legislation like this to Parliament for a vote. It’s only fair that Parliamentarians should be able to review legislation before the government requires Canadian banks to enforce US laws.
Another possibility is that the Harper government might implement FATCA by “reinterpreting” the existing tax treaty with the US. Again, we face the possibility that parliamentary oversight could be side-stepped in favour of quickly implementing controversial legislation.
I think we need to be wary of imposing American obligations on Canadian banks and American taxpayers living in Canada – some of whom might have obligations under FATCA but not even know the law has changed. We should also be vigilant to make sure that implementing FATCA doesn’t violate the Charter. Constitutional law scholar Peter Hogg sent a personal letter to the Department of Finance last December to say that “In [his] opinion, the procedures mandated by the Model IGA are discriminatory in a way that would not withstand Charter scrutiny.“
@ WhiteKat, @Northernstar,@ calgary 411, @monalisa1776, crystal london and all:
Appreciate the spirit of a shared burden and a shared goal. We are not alone in these experiences and feelings. People have many reasons to refuse to confront this stinking festering US extraterritorial injustice. Non-US people and US family alike just want it to go away – it is too big a challenge to their worldview.
But IBS has shown us that we see it more clearly.
And when you start getting Macleans to carry an article like the one link above – you know this is starting to trickle down to the mainstream in Canada.
Slowly but surely. As one Brocker reminds us: it is a marathon not a sprint. May truth and justice prevail.
@badger
I agree… A shift is definately taking place for all of us….Glad to be with you all on this great shift.
Today I got this on my daily OM
“Sometimes a part of us must die before another part can come to life.”
exerpt:
Even though this is a natural and necessary part of our growth, it is often painful or, if we don’t realize what’s happening, confusing and disorienting. In fact, confusion and disorientation are often the messengers that tell us a shift is taking place within us.
http://www.dailyom.com/cgi-bin/display/printerfriendly.cgi?articleid=40436
@Badger,
Thank goodness for all my Brocker friends, otherwise I would have been truly alone in this.
@NorthernStar,
Great insight!
Einstein: “A human being is a part of a whole, called by us – universe – a part limited in time and space. He experiences himself, his thoughts and feelings as something separated from the rest… a kind of optical delusion of his consciousness. This delusion is a kind of prison for us, restricting us to our personal desires and to affection for a few persons nearest to us. Our task must be to free ourselves from this prison by widening our circle of compassion to embrace all living creatures and the whole of nature in its beauty.”
For myself, it’s been the realization that for the first time in my life I’m experiencing persecution – and at the hands of a country that considers me its citizen, no less. The effects of that betrayal have been profound and life altering for me. We all surrender our freedoms every day and in ways big and small, but this flagrant abuse of power leaves me “IDLE NO MORE”.
@Badge, WhitKat and Bubblebustin
With all us united , taking a stand, willing to stick our necks out, even in the face of apathy and sometime hostility is making us stronger.
I have empathized with “Idle No More” even when people I know are hostile to it.
I am an idealist but also a mother and when a mother is riled up, there is nothing stopping her.
And I walked my talk 44 years ago. and will not back down.
I am going to listen to that financial audio when I come back from shopping…
My bf says I spend 24/7 on this but I told him this is for ME….He can’t understand but you all know that reaction.
@northernstar
My husband says I obsess over it too, but then I justify my actions with the claim that I’m an ‘activist’ and even if he has his apprehensions about my level of involvement, his memories of the 60’s will hopefully lend enough dignity to what I’ve been doing and plan to do that he doesn’t call in the therapist 😉
He’s a USC too, but born in Canada and never lived in the US. He said he would have flown under the radar if he could have, but said we were in it together. He should be angrier than I am considering his circumstances, but says he just wants to drive forward and get on with our lives. What’s really infuriating him is having entered OVDI for a quick resolution and it’s been anything but. It’s really dragging the pain out after nearly 23 months and not hearing anything back from the IRS.
@northernstar
When saying “He’s a USC too, but born in Canada and never lived there”, I meant never lived in the US.
@badger…thank you for electric hair raising post…… reminded me of how the Grieg’s “Hall of the Mountain King” in the Peer Gynt Suit proceeds…. gradually increasing tempo of discontent… until overwhelming finale…. and you dont realise it until you are listening to it…. metronym/.metrognome/anodyne/lifelesson for the lawyer/fico/treasury dweebheads that got USG into this mess
http://vimeo.com/61608230
@crystal london, WhiteKat, Atticus, calgary, bubblebustin and all, I could not have come this far without the support and valuable information available only on IBS, and the comradeship here. Not so long ago I could not see any way forward, or even any semblance of normal life on the other side of this. I did not have the skills or information to deal with this on my own. My Canadian-only family and I paid a big price – not in US taxes (as I owed none), but in our peace of mind, financial security, and wellbeing. And what has the US gained? No US taxes but a heightened sense of mistrust and suspicion of the US – and our lasting opposition.
@northernstar, re;
..”In fact, confusion and disorientation are often the messengers that tell us a shift is taking place within us….”
That is very true. And now, we are turning that to a constructive use.
I, too, have gotten my latest acknowledgement letter (by email) from Flaherty’s office and email from Kevin Schoom for communications to them and readable format of Q-121 and Q-127, Liberal Questions to Canadian Parliament.
From the Blog at http://blog.tedhsu.ca/2013/10/25/harper-government-to-mps-first-pass-the-law-then-well-tell-you-what-it-means/: Upon being asked to interpret significant changes to federal labour laws and procedures contained in the omnibus bill, Minister Clement said, “Well, first of all, this bill has to be passed. So to engage in speculation when a bill is still before Parliament, I don’t think is appropriate.”
This sounds like Nancy Pelozi and her comments about first passing the Obamacare law so that the House (and others) can find out what is in it outside the smoke of argument. This sort of Dictatorial attitude is unacceptable …. whether from a left wing Pelozi or from a right wing Clement. NO law should ever be voted on unless and until its ramifications are honestly understood by a) the Members of Parliament doing the voting and b) the Public at large. I say honestly because the sort of dishonest propaganda used during the marketing of the Obamacare law such as Obama’s statements that “If you like your Doctor you can keep your Doctor. Period. If you like your Health Insurance Plan then you can keep your Health Insurance Plan. Period.” has no place in a democratic country.
Lies and Deceit befuddling the ignorant and uninformed must not be allowed to camouflage the undermining of Canadian Sovereignty and the Canadian Charter of Rights nor indeed the Sovereignty of every other nation on earth being bullied by the FATCA grab to impose extra territorial burdens on the people of the world.
Thank you Brockers. Keep the fire on the feet of the Government until they yield. If Canada refuses to be FATCAd the rest of the world is likely to follow.
Inspiring words, nervousinvestor.
@calgary411 I got the same e-mail from Kevin Shoom about my e-mails regarding the questions submitted. I thanked him for the info about parliamentary procedure but then explained that that wasn’t really the point of my communications with him. In some nice detail.
@Calgary411
I got the same acknowledgement from Kevin Schoom about the process of parliamentary questions.
@ Calgary411
Thank you for reminding us that the great ones protested. Ghandi protested too. These are the people who inspire me. It is not about money it is about human rights.
northernstar, It is totally about human rights to me also. Yeah, I would also like to be able to keep my retirement savings, but its way bigger than that, and I can figure out a work around if FATCA forces me to.
To be honest, I don’t hold out much hope for Canada’s future as a sovereign nation if we give in to USA on FATCA. FATCA will be the start of the death of Canada in my opinion.
@WhiteKat
I agree with you 100 percent on what you wrote.
Today is painting day for me and my friends…will be off line and taking a mental break. but be back later in the day…..Painting is food for my soul.
so is protesting.
@northernstar,
I agree with what you wrote 100%! Painting is food for my soul too, though not the canvas art kind(i’m not that talented), but the transform your room with fresh paint kind. I’d been planning to paint a room or two before the TO protest, but don’t think I will have time now.
@WhiteKat
What a coincidence, after 4 years of procrastinating, I finally painted our bedroom last week! It’s the most dramatic way to transform your space. We went from boring old base coat to espresso brown. Looks amazing and makes the white trim POP!
@bubblebustin’ – Thank you. This is a very emotional matter and so very unjust to the entire world. Just back from the hospital with my better half and so we are in recovery mode presently. All I can do is to urge all good people to keep the pressure on and to demand that our Governments do the right thing and behave in the spirit of our Constitutions and recognizing our various Charters of Rights.
@calgary411 – thank you for this wonderful poster picture of MLK Jr!
When will these questions be answered?