See below March 9, 2016 response of new Liberal Canadian Government to January 21, 2016 FATCA questions raised by NDP Revenue Critic Mr. Pierre-Luc Dusseault (Sherbrooke).
Response comes from Canada Revenue Agency, Minister of National Revenue (who we are suing), Finance Canada, Stephane Dion, and Attorney General (who we are also suing).
SEE THE LINK. The text is in both english and french.
Bottom line: 1) We are still second class — our lawsuit continues; and 2) WE NEED MORE WITNESSES.
— I am amazed that the Prime Minister of Canada allowed this statement to be included in the response, asking Canadians to recognize the public interest of the United States at the expense of the sovereignty of our country:
“…we must resign ourselves to the fact that we are faced with a requirement from the United States and that the requirement corresponds to the public interest of the United States, meaning the integrity of their tax regime.”
— The OPC privacy review was passed on to CRA in January 2016 AFTER the September 2015 turnover of your bank records. In other words, Canada does the privacy assessment AFTER the turnover of private confidential data. See below statement:
“Part (aa): The CRA consulted with the Office of the Privacy Commissioner (OPC). A privacy impact assessment (PIA), which is a policy process for identifying, assessing, and mitigating privacy risks, was completed and submitted to the OPC for review on August 27, 2015. The CRA received the OPC’s recommendations on January 4, 2016 [AFTER THE TURNOVER]. The recommendations do not prevent the CRA from exchanging the required information. A response to the OPC’s recommendations is being prepared.”
Mr. Dusseault is now considering his next step. If you have follow-up questions you would like him to ask Mr. Trudeau (e.g., “…But Mr. Trudeau, what about that pre-election statement you made that Canada’s FATCA IGA legislation is insufficient to protect Canadians? What changed your mind?”) you can email him at Pierre-Luc.Dusseault@parl.gc.ca
United States Secretary of State John Kerry offers this accurate assessment of Prime Minister Justin Trudeau: “It’s clear that the Prime Minister has begun to make his mark on Canada’s future.”
USCitizenAbroad comments on Government response:
“The disappointment is understandable. That said, the Trudeau Government is behaving exactly as expected. The truth is the the previous Conservative Government and various opposition MPs (at least in the initial stages) did more to oppose FATCA (think Flaherty, think Murry Rankin, think Scott Brison, think Elizabeth May and others) than the Trudeau Government will ever do.
In fact, this is much worse. Not only is Mr. Trudeau NOT protecting Canadian citizens, but what he is actually doing is socializing with the Obama Government. He is being friendly to the biggest bully on the block.
Would this be an appropriate analogy to describes Mr. Trudeau’s behavior? An intruder breaks into the family home one night and attacks your teenaged daughter. Instead of protecting the daughter, the father is having a beer with the intruder. That’s Justin!!
At least the previous Prime Minister did not spend his time trying to ingratiate himself to the United States.
But, what is clear is the following …
The attitude of the Trudeau Government is that it its perfectly okay for the United States to use the IGA to claim ANY Canadian citizen that it wants, at ANY time, as the property of the United States of America. That’s the attitude of the Trudeau Government. Now, this has a historical analogy to the “slave trade” where European powers would go to other nations and say “I’ll take this one and I’ll take that one”. The time has come to stop the politically correct BS and tell it like it is.
It’s simple. U.S. citizenship is nothing but a modern day form of slavery. That’s all it is. The U.S. claims a property interest in all its citizens – their only purpose is to serve the Homeland in some way or another. Some on this blog call it “taxation based citizenship”. That’s fine, but how about “slave based citizenship”….”
This refers to FATCA implemented in Canada although they call it “Enhanced Financial Account Information Reporting”:
http://www.cra-arc.gc.ca/gncy/prvcy/pia-efvp/pia-efair-eng.html
Privacy Impact Assessment (PIA) summary – Enhanced Financial Account Information Reporting
Individual Returns Directorate, Assessment, Benefit, and Service Branch and International and Large Business Directorate, Compliance Programs Branch
Overview & PIA Initiation
Government institution
Canada Revenue Agency
…………”2) Type of personal information involved and context
Personal information—including identity data such as social insurance number and address—and financial information about accounts.
Level of risk to privacy: 3
Details:
Name, address, Canadian tax identification number (for example, social insurance number and business number) and U.S. tax identification number, account number, account balance/value, interest, dividends and other income paid or credited to the account, amount of sales/redemption proceeds paid or credited to the account, and other amounts paid or credited to the account holder regarding the account
3) Program or activity partners and private sector involvement
Private-sector organizations, international organizations or foreign governments
Level of risk to privacy: 4
Details:
Southbound
For each financial account held at a Canadian financial institution by a U.S. person or a non-U.S. entity with one or more U.S. controlling persons, the information will be collected by the institution and reported to the CRA, who in turn will transmit the information to the Internal Revenue Service.
Northbound
For each financial account held by a Canadian resident at a U.S. financial institution, the information will be collected by the Internal Revenue Service and sent then transmitted to the CRA.”………………
Date modified:
2015-11-24
Note;
To interpret the PIA levels assigned above, use;
https://www.priv.gc.ca/en/privacy-topics/privacy-impact-assessments/
This is the process and questionnaires that the PIA was supposed to complete:
http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12451
Note that the answers to those questionnaires would be very valuable to obtain in terms of knowing how the CRA came up with the PIA.
Since the IRS and US Department of Justice disclose US social security numbers to the public in violation of US laws and in violation of published policies of the IRS and DOJ, I wouldn’t say that disclosing a Canadian social insurance number to the US has a level of risk of privacy as “3”.