As some have predicted, the IGA legislation has been buried in the Budget Implementation Act.
Little likelihood for free vote now. One source tells us that final reading of the bill in the House may happen by end of May/June.
Posted by Blaze on Sandbox:
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.
http://www.scribd.com/doc/215070578/2014-Budget-Implementation-Bill
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.
http://maplesandbox.ca/2014/breaking-news-cons-hiding-fatca-law-in-budget-act/
March 29 Update on Joe Arvay Legal Opinion:
Just to let everyone know that Lynne Swanson and I contacted Joe Arvay today (Saturday, March 29) for an update.
He tells us that he is on track to provide the legal opinion on the FATCA IGA legal challenge in April — but that there is a possibility that it might take longer because not all can be predicted. Mr. Arvay wants to get this right.
I know all of us want the answer today, but please be patient.
Stephen Kish
Cowards
When the Government these e tactics to pass a deeply unpopular measure that’s why if the Charter Challenge succeeds, you’re going to need a big Superfund to lobby, and advertise opposition to FATCA. Otherwise they’ll stuff another discriminatory Bill in future again.
The Government’s strategy – wear down the opposition, make them spend their money, and if they win in court, we’ll pass another version of IGA legislation, make them go back to court, around and around we go until they’ve run out of money or determination.
Start collecting the Superfund today! You have to win the hearts and minds of all Canadians to make Canada say NO to the US.
You’ve summed it up in one word, Petros. Criminalizing US Persons in Canada is criminal.
My new strategy other than renouncing. I’m going to the black market, find someone to make a duplicate passport (even if it costs thousands), change my place of birth, and brazeningly walk into a FFI and open up an account and opt out of FATCA all together.
Once the account is set up that gig could go on forever.
At least they’re consistent!
What we have is complete symmetry. The U.S. Hire Act has FATCA hidden inside it and the Canadian budget has FATCA hidden inside it. Isn’t amazing how two ostensibly different governments use the same tactics to conspire against innocent people!!!
If placed on its own merits FATCA could never have been voted in.
There are going to be so many comments on the Globe and Mail’s omnibus bill article that any comment from one of us will be quickly buried. How about just doing one good one from Sir Isaac Brock and then we can all go up-arrow it to keep it at the top of the “highest” list? I can do 2 up-arrows because I “borrow” my husband’s G&M registration sometimes.
http://www.theglobeandmail.com/news/politics/conservatives-table-wide-ranging-omnibus-budget-bill/article17719911/comments/
@Em,
Great idea. Only I would not want to stop any of the comments that Brockers may make. Why don’t we just make sure we up arrow ALL the great comments.
What can we do about blowing this apart with the media or MP’s or whoever is in it for a vote. Will the Liberals vote this down? We need a bigger voice. All Canadians are at risk here. Does anyone know how to cartoon Harper in bed with Obama with FACTA at the headboard? Cartoons do work…remember Mohammed? We need something to wake us up. Just a thought. Something has to go viral here.
Yes, Ann. Something needs to go viral.
@ WhiteKat
Yes of course up-arrow ALL Brocker comments but when pages and pages of comments go up you can’t find them easily. We need ONE COMMENT to get stuck to the top of the “highest” list. The sooner it goes up the better chance it has of staying there. Shouldn’t be too wordy — compact like Yoga Girl is good at — punchy like you are good at — anyway something to make sure FATCA is prominent. Brockers can do replies to the ONE COMMENT or add their own or both. Everything is good. Comments are currently going up 1/10min there. Top one already has 16 up-arrrows.
@ Ann
Cartoons are great. The can pack a bigger punch than a 1000 word essay.
Recalcitrantexpat wrote:
“What we have is complete symmetry. The U.S. Hire Act has FATCA hidden inside it and the Canadian budget has FATCA hidden inside it. Isn’t amazing how two ostensibly different governments use the same tactics to conspire against innocent people!!! If placed on its own merits FATCA could never have been voted in.”
The Americans (Joe Stack et al) probably coached the Canadians how to sneak the FATCA enabling legislation through without resistance.
“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 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.
Google fake IDs there some websites that indicate they can produce documents needed to open bank accounts. If caught I would stand in front of a jury and say I wasn’t trying to conceal my identity only trying to avoid FATCA.
Learning stealth from America. Its the democratic way! Maybe we can teach it to Ukraine.
Also in Huffington Post
http://www.huffingtonpost.ca/2014/03/28/conservative-budget-bill-liberals_n_5050640.html
Excerpt:
The bill tabled Friday includes an entirely new piece of legislation — a controversial bill that requires Canadian banks to report the financial holdings of dual Canadian-U.S. citizens, with the information ultimately going to the American tax man.
The U.S. Foreign Account Tax Compliance Act raises significant privacy concerns for as many as one million Canadians and may face a court challenge.
That’s just one clear example of a legislative change in the budget bill that should be in stand-alone legislation for parliamentarians to properly debate, Cullen said. (NDP Finance Critic Nathan Cullen)
It is time to reveal the despicable ways of this government with protest. Someone suggested the million person march and I think we need to do it sooner than later. The cartoon idea is powerful, for even the most uneducated ‘FACTA’ Canadian, but sheer numbers, noise, and speeches on Parliament Hill will go further to capture the much needed attention. Anyone in the Ottawa region ready to get together to plan it? I am.
@voyons
The article says that only a small part of it is to balance Canada`s budget- the rest is “hidden “stuff. d say the rest is the stuff lobbyists make their money with. The “rest” is what Americans are doing as well- its where big companies are sneaking in their benefits/preferentials that they have negotiated with the lobbyists?
@schubert1975 voting for a different group to have exclusive use of force over you is pretty pointless IMHO.
pacifica777 posted a link to the Globe and Mail’s story here:
http://isaacbrocksociety.ca/media-and-blog-articles-open-for-comments/comment-page-8/#comment-1316431
Any news about the legal opinion on the Charter challenge?
We knew this was how Harper was going to sneak it by. No surprise really. And because so many Canadians have mindlessly supported and voted for the Conservatives, there is little chance that the bill can be stopped.
schubert1975 is correct. Never vote Con again is the only thing we here who are most impacted by this should be thinking and urging everyone we know to think too.
I will say it again and again and again…. why do you think railways get blocked? Why do you think tractors go down the 401? Why do you think Taxi cabs in Toronto circle the airport at 5 kl/h why do you think truckers run down the 401 at 20km/h? The government doesn’t listen until enough people do something illegal… sorry to have to say that, but it seems to be so true! God dammed government!!
@NativeCanadian, I say we all walk around the Eaton Centre naked holding strategically placed signs that say “Mr. Harper, I’m a Canadian citizen don’t send my private financial information to the IRS you coward!”
One key part of the legislation with regard to Charter violation seems, to me, to be contained in this passage from pages 73-74 of the Budget Implementation Bill:
“100. (1) The portion of subsection 162(6)of the Income Tax Act
before paragraph (b) is replaced by the following:
Failure to provide identification number
(6) Every person or partnership who fails to provide on request their Social Insurance Number, their business number or their U.S. federal taxpayer identifying number to a person required under this Act or a regulation to make an information return requiring the number is liable to a penalty of $100 for each such failure,”
Can the Canadian Government require a Canadian citizen to provide the taxpayer identifying number assigned to that citizen by a foreign government, or require that citizen to obtain such a number, and can it penalize that citizen for not doing so?
Alternatively, can the citizen simply (but, of course, under objection) pay the $100 penalty or penalties each year and continue to refuse to provide the number? Can the Canadian Government exact any further penalty for the refusal?
This reminds me somewhat of the situation I was in while living in the U.S. after I turned in my draft card in the 1960s in protest to the Vietnam War. It was then a felony for a U.S. male of my age not to possess a draft card and show it when required. Now Canada is making it a crime of some kind for some of its citizens not to possess and report an identifying number assigned by a foreign government.
My own U.S. taxpayer identification number went missing when I became a Canadian citizen and relinquished my U.S. citizenship in the 1970s.