FATCA and Canada
Note: For list of Media and Blog Articles (not including those of the Isaac Brock Society) regarding the Canadian IGA FATCA lawsuit (Hillis and Deegan v. Attorney General of Canada), go to this page. (Isaac Brock Society posts and threads on the lawsuit are contained in the FATCA and Canada list below.)
Posts and Threads on the Isaac Brock Society Website
July 2019
June 2019
07: Lawsuits involving FATCA and aspects related to U.S. citizenship-based taxation
May 2019
18: More Recent Anti-U.S. FATCA/CBT Activity in France, Netherlands, and Canada by Government Officials
January 2019
29: Ottawa Brock Lunch – Saturday 9 February (4)
23: THE 2019 JANUARY 28-FEBRUARY 1 ADCS CANADIAN FATCA IGA TRIAL IN FEDERAL COURT HAS ENDED — “A Treaty does NOT make a CHARTER-FREE zone” — You can expect a costly APPEAL of the Federal Court decision (in June?) no matter who wins (742)
11: Supporters of @ADCSovereignty #FATCA lawsuit might be interested in @RunnymedeSoc Law and Freedom Conference – Jan. 12/19
December 2018
17: Read the Submissions to the Canadian Federal Court for the January 28 ADCS Trial
November 2018
October 2018
22: Brock project: How would the absence of the “savings clause” in the Canada US tax treaty change the tax treatment of “US citizens” in Canada? (81)
05: CANADIAN FATCA IGA LAWSUIT UPDATE: October 3, 2018 Plaintiffs’ Memorandum of Argument Has Been Submitted to Canada’s Federal Court
September 2018
27: Video from Toronto Meeting with Solomon Yue August 16, 2018
August 2018
19: Speculate on the percentage (85%? 5%?) of Canadian citizen-residents, deemed by U.S. to be U.S. citizens — who do not have, accept, or want, any meaningful relationship with the U.S.? (93)
18: Former Hamilton school superintendent pleads guilty to forging documents to get his children U.S. citizenship (44)
15: Brock project: Comparing the comments on the French version of the @LizT1 @USTransitionTax article to the comments on the English version
14: More about the @USTransitionTax issue from @LizT1: Finance Minister Morneau responds (sort of)
13: Another article by @LizT1 about the @USTransitionTax – Just when you thought it couldn’t get worse!
10: Reminder – Solomon Yue Visits Toronto
July 2018
27: Two Programs with Solomon Yue in Toronto August 12 & August 16, 2018
01: U.S., U.K., Canada, Australia and Netherlands form international tax enforcement group
May 2018
April 2018
28: Be on the Lookout! Bubblebustin to be on CBC The National- on the #TransitionTax
11: Canadian FATCA IGA Litigation Update: Court has fixed Monday January 28, 2019 as trial
March 2018
30: If you want to be a Shareholder in our Canadian Business then you must Renounce U.S. Citizenship
22: March 22, 2018 Canadian FATCA IGA litigation in Federal Court update: New timetable
02: Canadians’ Confidential Tax Info to be Shared with Police in Other Countries
January 2018
08: January 8, 2018 Canadian FATCA IGA Legislation Litigation Update
December 2017
07: December 7, 2017 Canadian FATCA IGA Legislation Litigation Update
October 2017
24: October 24, 2017 Canadian and United States (RO) FATCA IGA/FATCA Litigation Update
22: Ottawa Brock Lunch – Saturday 18 November
06: Dual Filer Status- How to Live & Invest in Canada as a US dual filer -Courtenay BC Oct 12
01: October 1 2017 Canadian FATCA IGA Legislation Litigation Update
September 2017
12: Canada’s tax on being American! Why not!
August 2017
21: Dewees 3: Lessons about the “Oh My God Moment” and dealing with the problems of U.S. citizenship
15: Dewees 2: Why did he participate in the 2009 #OVDP Horror Show?
July 2017
10: Khadr apology and settlement about violation of Charter rights, Trudeau says
June 2017
18: #FATCA and the Canadian Charter of Rights and Freedoms
02: Seeking a Few Additional Witnesses Willing to File Affidavit for Canadian FATCA IGA Lawsuit
May 2017
22: May 23, 2017- Vancouver -Solving U.S.Citizenship Problems
13: May 13, 2017 Canadian Federal Court FATCA IGA lawsuit update: Motion for Summary Trial now submitted
March 2017
23: Information Session – Solving U.S. Citizenship Problems with John Richardson
February 2017
12: The Beyond the Border Action Plan & the U.S. National Defense Act-A Disaster Waiting to Happen?
11: CDN with @dualcitizenship spends $3000 per year to make retirement planning more difficult
02: FEBRUARY 2 2017 UPDATE ON CANADIAN FATCA IGA LAWSUIT
January 2017
30: Dear PM Trudeau: Renegotiate FATCA IGA Now (reposted from MapleSandbox) (19)
25: Reminder: Solving US Citizenship Problems Toronto Sat. Jan 28
17: Seeking Canadian Witness for Canadian FATCA IGA Lawsuit Who Has Renounced and Paid U.S. “Exit Tax”
December 2016
15: DECEMBER 15, 2016 UPDATE ON CANADIAN FATCA IGA LAWSUIT
November 2016
05: November 2016 Status Report on ADCS-ADSC Canadian FATCA Lawsuit
October 2016
30: Reminder: Solving US Citizenship Problems Toronto Sat Nov 5, 2016
24: Ottawa Brock Lunch – Saturday 12 November
September 2016
30: Credit Union Update: YNCU Grows to $1.5B CAD in Assets
16: Vancouver Sun features our own Trish Moon
August 2016
13: Message from Plaintiff Ginny (Canadian FATCA-IGA Lawsuit)
July 2016
13: Is the State Department Shutting Down Expatriation Appointments in Canada?
11: Allison’s “Tina” Presentation and What do you think this guy means?
06: Ottawa Brock Lunch – Saturday 23 July
01: Canada pushes back against one foreign country’s jus sanguinis claims
01: Is JT Wearing His FATCA Flip Flops For Canada Day?
01: Barack Obama’s Address to the House of Commons, June 29, 2016: an Alternative Look
June 2016
29: What Canadian Witness Volunteers For Our FATCA IGA Lawsuit Tell Me
22: Canadian FATCA IGA Litigation Update: We have a new (third) plaintiff and still seek more Witnesses
20: Reminder: Solving U.S. Citizenship Problems – Toronto, Saturday, June 25, 2016
15: CANADIAN FATCA IGA LITIGATION: We are still seeking additional CANADIAN citizen witnesses
08: WHILE PARLIAMENT SLEEPS: TAX TREATY PRACTICE IN CANADA
08: JUNE 3, 2016 Canadian FATCA IGA Litigation Status Report Submitted to Case Management Judge
May 2016
13: September 30, 2016-Another Blow to Personal Privacy and Freedom of Movement
11: Creepy perverted ex named Sam stalks Americans who moved to Canada for love
04: How will YOU respond to the 2016 Canadian Census?
April 2016
27: FATCA Response From Deputy Finance Critic Phil McColeman of Brantford-Brant
26: Reply from the Finance Minister, the Honourable Bill Morneau…
15: PMJT Enjoys Yoga – Makes Sense That He Enjoys Flip-Flops, Too…
15: Dear Valued Customer, Indicators Found: Your Place of Birth is the United States
Baby Elle’s FATCA Letter (Lynne Swanson’s good work)…
01: What is REALLY in the U.S.-Canada Tax Treaty
March 2016
30: A Paper Detailing FATCA’s Costs to Canada
30: March 30, 2016: Toronto Star Publishes Today a Mr. Justin Trudeau Flip-Flop Article
29: March 29, 2016: Yet Another Article Comparing Pre- vs. Post-election Comments of Mr. Justin Trudeau
17: From Elizabeth Thompson a new post at iPolitics — Round Three : March 17, 2016 (evening edition)
16: John Richardson being interviewed by CBC’s The Exchange tonight
08: AICPA recommends that Treasury implement measures to reduce tax and reporting burdens associated with various cross-border deferred and tax-exempt savings accounts
February 2016
17: New instructions to book Canada appointments to relinquish or renounce US citizenship
11: Listen up, Canadian Liberal Government — *The Truth About FATCA* — Jim Jatras
10: John Richardson on CTV “Power Play” with Don Martin today
04: Getting Canadian Charter of Rights and Freedoms Right
02: NDP Revenue Critic, Pierre-Luc Dusseault, Writes to Minister of Revenue
January 2016
31: Discussion at @Canada2020 on Canada Foreign Policy of interest in @ADCSovereignty #FATCA lawsuit
28: How the government will argue Charter S. 1 against the @ADCSovereignty Charter lawsuit
22: Bravo MP Pierre-Luc Dusseault for keeping the pressure up on FATCA!
19: Tune Into CBC “All in a Day” at 4:45 EST pm today – John Richardson interview (92)
19: Uncle Sam Wants…Who? at UBC Law This Week – Allison Christians, McGill University, Faculty of Law
December 2015
15: Fatca Forum Exactly 3 Years Ago Today! How Far We Have Come!!
14: We need Witnesses for Canadian Charter Trial willing to file affidavits and go public
05: Letter to my bank manager: What do Brockers think?
November 2015
20: Allison Christian Interview – Lessening the hardship inflicted by FATCA
10: The Younger Trudeau tells off Prime Minister Harper in debate: Bravo!
09: Solving U.S. Citizenship Poblems – University of Guelph, Monday, November 16, 2015
09: Our Sociopathic Society V: Government invasion of the castle
06: Our Sociopathic Society IV: King Justin’s first sociopathic act
04: Information Session – Toronto, Sunday, November 8, 2015 – POSTPONED
October 2015
Posts and Threads on the last Canadian election, go to Canada Election 19 Oct 2015 – Resources
30: Elizabeth May: Fixing What Harper Broke: a to-do list for the incoming government
24: Liberal Party Position on U.S. Foreign Account Tax Compliance Act (FATCA)
18: October 19 is Election Day in Canada
15: Louise Arbour, “My children and I are caught in a useless bureaucratic nightmare”
13: Call for Letters to Our New Prime Minister
13: Letter of Nathan Cullen, NDP Critic for Finance, to Ministers of Finance and Revenue
11: Canadian expats out of country more than 5 years can still vote
03: Submit a tip to the Canadian Press on an issue of national interest?
02: Last chance for the NDP to garner our votes…
September 2015
30: Plaintiffs Ginny and Gwen denied injunction: WE NOW BEGIN ROUND TWO OF A LONG FIGHT
30: U.S. IRS and Mexican SAT begin sharing info on bank accounts
24: If we don’t ask (the Conservative government), we don’t get. Today, one Brocker got! (
23: Important: NDP has stepped up to the plate with another letter to the Minister (updated)…
22: Until the government acknowledges it’s seen the light, please continue to make them feel the heat
16: Part I: Justice Martineau provides @ADCSovereignty the only thing worse than a root canal
16: Back to the drawing board…
09: Green Party Platform includes their pledge to repeal FATCA in Canada
August 2015
26: Which will come first: A decision in the FATCA legal challenge or the first exchange of info?
Reminder: Toronto Info Session on Solving US Citizenship Problems-Aug 30, 2015
25: An Interesting Analysis of an Analysis: John Richardson on Roy Berg on the Summary Trial
24: Our Tee-Shirts are Available! Great Work Native Canadian!
18: With such an amazing group, it’s simply NOT possible to NOT succeed! Thanks from @ADCSovereignty
13: Canadian FATCA Trial — *Tweet by Tweet* account of proceedings for the U.S. Library of Congress
10: More US Hypocrisy re Canadian RDSP (cont.) / Comments requested to be received September 15, 2015
05: UPDATES — From @ADCSovereignty #FATCA lawsuit – thoughts on day 1, 2 and post-trial dates(and more)…
July 2015
29: Reminder – Solving US Citizenship Problems – Vancouver
18: “The Shot Heard Round The World” Live from ThatChannel.com
11: Tricia Moon, your comment at the *Jack Townsend blog* is heart-felt and brilliant – THANK YOU!
08: Canadian Federal Election: It’s Time to Throw the People Who Betrayed Us Out of Office
07: Message in a bottle 2: Democracy, the Appointment of Judges and the Canadian Charter of Rights
June 2015
24: Help Me Keep My April 5 Promise Revisited-We Will Never Forget the IGA Betrayal by the CONs
12: It’s official – second class citizenship goes into effect
May 2015
08: Should proof of non-U.S. citizenship be an absolute condition for accepting public office in Canada?
04: U.S. citizenship taxation burdens Canada’s sovereignty by imposing U.S. taxes on Canadian residents
01: Congratulations to ALL Donors to the #FATCA Canada lawsuit – Looking forward to August 4/15
April 2015
22: 2015 Canadian Budget Introduces the “Common Reporting Standard”
16: We Delivered! Monumental Submission to Senate Finance Committee! #Fight CBT (42)
15: Reminder: “2015: Solving U.S. Citizenship Problems: Have You Received a FATCA Letter?” London ON
07: Video Portion of Senate Finance Committee Submission Ready!
06: WANTED – Ginny and Gwenny – Runaway Tax Slaves!
01: Renouncing US citizenship? How the S. 877A “Exit Tax” may apply to your Canadian assets – 14 Parts
March 2015
20: Reminder: “Have You Received a #FATCA Letter?” Hamilton ON March 26
12: Harper government accepts national origin discrimination for US Persons, but not for meat
07: Financial Post hits a new low in FATCA reporting
04: Terminating a Green Card (Abandonment of Lawful Permanent Resident Status)
February 2015
25: Barrie McKenna reports on Canadian Direct Financial’s milestone FATCA announcement
17: ADCS-ADSC LITIGATION UPDATES: Key Actions, Milestones and Timeline Estimates
13: Volunteers required for research project on Canada – USA dual citizens (current and former)
06: Congratulations to @ADCSovereignty lawyer, Joe Arvay, on today’s Supreme Court of Canada Decision
04: Will Canada turn a blind eye to the IGA’s “faux reciprocity”? (39)
January 2015
29: Professor Allison Christians posts “Responses to Questions on Canada’s Adoption of FATCA IGA”
27: Are strata corporations the next target of Canadian banks’ FATCA zeal?
2014
Isaac Brock Society Posts on FATCA and Canada – 2014 – at this link.
Pre-2014 – Lists are in preparation
You can also search for articles using the “Archives” button (on the menu at top of main page) for a list of all articles in reverse chronological order.
Here’s the link for the JUNE 10, 2013 article I mention above – it is not new, but has some significant comments – placing it here just for the IBS archives – to remember where we were, as we work towards the demise of the FATCA IGA in Canada:
http://www.dentons.com/en/~/media/66138B614C4B42E4A45BEAA2FE8150C6.ashx
NEWS ANALYSIS
‘FATCA: Vulnerable to a Canadian
Constitutional Challenge?’
by Kristen A. Parillo
TAX NOTES INTERNATIONAL 1032 • JUNE 10, 2013
Posting here for posterity as a resource:
From Maplesandbox (posted Feb 10, 2014)
http://maplesandbox.ca/wp-content/uploads/2014/02/FATCA-Update-from-Access-to-Info-Request_Part1.pdf
http://maplesandbox.ca/wp-content/uploads/2014/02/FATCA-Update-from-Access-to-Info-Request_Part2.pdf
http://maplesandbox.ca/wp-content/uploads/2014/02/FATCA-Update-from-Access-to-Info-Request_Part3.pdf
http://maplesandbox.ca/wp-content/uploads/2014/02/FATCA-Update-from-Access-to-Info-Request_Part4.pdf
From Maple Sandbox
“Blaze on March 11, 2014 at 5:27 pm said:
I just received another disk containing 289 pages of information from Finance Canada–mostly redacted.”
‘Finance Canada–244 Pages Access to Information’ filed by Blaze at Maple Sandbox
http://maplesandbox.ca/2014/finance-canada-244-pages-access-to-information/
http://maplesandbox.ca/wp-content/uploads/2014/03/Finance-ATI-Part-2_Part1.pdf
http://maplesandbox.ca/wp-content/uploads/2014/03/Finance-ATI-Part-2_Part2.pdf
http://maplesandbox.ca/wp-content/uploads/2014/03/Finance-ATI-Part-2_Part3.pdf
IBS Administrators:
I included the links there, but don’t know how to attach copies of the PDFs directly. I’m thinking we need an archive of all these primary source document PDFs for posterity, for research, for journalists, etc.
@ badger
Oh yes, I remember the grey box docs — not our government’s finest hours by a long shot. It is important to preserve these things, not just on the website but in individual computers as well (in case the dark veil of censorship descends). Someday, someone will be writing the history of the War of 2012.
@ Badger,
Re:
Absolutely – it would be so useful!
Do you have a list you could send?
For that matter, has anyone else been compiling a list?
I’m thinking if people send their lists — on any aspect(s) of the FATCA/CBT/citizenship/etc issues — to me (pacifica@isaacbrocksociety.ca), I can upload them, and create a page which would link to these lists.
I’m thinking there’s a *lot * of useful resources out there and also that different people may be focusing on different aspects of this complex situation. So, the more lists the better. With multiple lists, there may be duplication of some entries, but that’s not a problem. I’ll upload each list as-is.
@Embee, you’re right, we should all be compiling and keeping copies of these things. I am not very organized about it, but also don’t tend to delete things, and as more and more has been discovered and produced, it has gotten unwieldy. However I’ve also been relying on finding things again at IBS, MapleSandbox, etc., and as we’ve grown, that is harder to do.
@Pacifica, I’ll see what I can do, but as I mentioned above to Embee, I haven’t been that organized about it. But it is growing past relying on memory to find things.
And articles disappear or become old, and then hard to retrieve. Like that classic one about Premier David Alward of New Brunswick and OVDI – the original is no longer readily accessible on the newspaper’s website – though one could look into requesting a copy. At least we’ve got part of the Telegraph article as quoted here in proof that it existed http://goingconcern.com/2011/10/is-the-irs-going-to-war-with-canada https://expatsinca.wordpress.com/2011/10/12/new-brunswick-premier-david-alward-caught-in-fatca-nightmare/ http://hodgen.com/new-brunswick-premier-is-in-the-ovdi/ .
@ badger
I’ve got a 400 MB Brock folder with almost 3000 files — talk about Fibber McGee’s Closet! And my memory fails more often than not when I want to find something in there. The David Alward story was before I arrived at Brock so it was really interesting that you brought it back to light. Thanks.
Alward article = https://usxcanada.wordpress.com/2011/10/01/2011-oct-1-morris/
With that citation, full-article retrieval remains possible for those with access to interlibrary loan.
InfoShop decided to eat mothballs in April 2014 after seeing exponential evidence for the futility of the undertaking.
Archive for “posterity”? First read this:
http://www.theguardian.com/technology/2015/feb/13/google-boss-warns-forgotten-century-email-photos-vint-cerf
Digital stuff is long term JUNK.
Ink on paper. Microfilm.
Sauve qui peut.
May I suggest that a public dropbox be set up for the storage of all of these documents. If it is a shared box then multiple people could add and update it.
re FATCA and NFFEs:
ex. Canadian registered pension plans
http://www.benefitscanada.com/pensions/db/fatca-growing-pains-for-administrators-63540
http://www.kpmg.com/Global/en/IssuesAndInsights/ArticlesPublications/taxnewsflash/Pages/2015-1/canada-upcoming-key-dates-for-fatca.aspx
“For Canadian financial institutions, a key date was 1 July 2014—i.e., the date they were generally required to begin enhanced due diligence and identification procedures for new client accounts.
Upcoming key dates include:
1 May 2015 – U.S. reportable accounts identified in 2014 must be reported to the Canada Revenue Agency (CRA).
30 June 2015 – Due diligence on pre-existing “high value” individual accounts must be completed.
1 May 2016 – U.S. reportable accounts identified in 2014 and 2015 must be reported to the CRA.
30 June 2016 – Due diligence on pre-existing “low value” accounts must be completed.”
Lecture series on citizenship, and Canadian society:
http://www.cbc.ca/radio/ideas/all-this-week-the-2014-cbc-massey-lectures-by-adrienne-clarkson-1.3005384
“What does it mean to belong? And how do we belong? Who do we belong to?
Never before has the world experienced greater movement of peoples between countries and continents. These seismic shifts in populations have created immense challenges for all societies. They also offer new possibilities for different social models. Can belonging encompass differences, dependence, and dislikes, while upholding fundamental human rights? What’s the significance of the Canadian model, which emphasizes values, immigration, parliamentary democracy, and the rule of law?
These timely and controversial subjects are at the heart of former Governor General Adrienne Clarkson’s 2014 CBC Massey Lectures, Belonging: The Paradox of Citizenship. Clarkson masterfully chronicles the evolution of citizenship throughout the ages from Aristotle and the Greeks to the present day.”
“In her provocative essays, she explains why we can be both part of Canada as a country, and part of every other person who shares our land, our values and our history.”
And I wonder;
How does the Canadian model Clarkson describes accord with the discrimination created by Harper’s FATCA IGA? How does the creation of different classes of Canadian citizens (those with US person designation and those without) accord with the Charter and Canadian citizenship laws?
Remember David Alward, Premier of NB? https://expatsinca.wordpress.com/2011/10/12/new-brunswick-premier-david-alward-caught-in-fatca-nightmare/ http://intltax.typepad.com/intltax_blog/2011/10/new-brunswick-premier-caught-in-us-tax-net.html http://hodgen.com/new-brunswick-premier-is-in-the-ovdi/
Guess where he is now? Guess he won’t be criticizing FATCA while he is in Boston as a new Canadian consul general:
By the way, apparently he renounced:
“……Alward, who had dual citizenship, had to renounce his U.S. citizenship to accept the diplomatic posting there….”
See:
‘David Alward named Canadian consul general in Boston
Former New Brunswick premier named to post by Foreign Affairs Minister Rob Nicholson’
CBC News
Posted:Apr 24, 2015 1:40 PM AT
Last Updated:Apr 24, 2015 4:25 PM AT
http://www.cbc.ca/m/touch/canada/newbrunswick/story/1.3047614
Blaze makes several good points here about FATCA in Canada mixed with Bill C-51:
She notes that:
“……….. Ryerson University professor says the more people that have access to taxpayer information under Bill C-51, the higher the risk of leaks, hacks and other foul play. He also says:
The change in legislation is “unprecedented. It’s snooping and meddling of the worst kind.”
Of course, CRA will have far more information about U.S. persons than they will about other Canadians because of FATCA. So the snooping and risk to us is mammoth.
Are we suspects of a “threat to the security of Canada?” Who knows?
I think we are defenders of Canada. But, I think it’s safe to assume the government is following Sandbox and Brock and that they consider us threats.
This is one more huge reason why we must persevere in our fight for our rights. Please keep those donations to ADCS coming.
Hmmm. Do they consider ADCS a “threat to the security of Canada” for standing up for the Charter of Rights and Freedoms?”
http://maplesandbox.ca/2015/c51-gives-cra-right-to-share-tax-info/comment-page-1/#comment-453048
Mention of the disconnect between Canadian definitions of a ‘trust’ and the US one – particularly as per the IGAs vs. FATCA regulations – an issue that was flagged at the time the IGA and the implementing legislation was put into place. An issue important enough to be mentioned in this BNA article;
“…Questions on Investment Entities
Some key jurisdictions where guidance has been issued are Canada, the U.K., the Cayman Islands, Australia and New Zealand. However, in some cases, even where there is IGA guidance, differences between those rules and the U.S. regulations can lead to difficulties, attorneys said.
“There are disconnects between the [U.S.] regs and the IGAs and I think that’s causing a lot of confusion,” said Alan Granwell, of counsel with Sharp Partners P.A. in Washington. “Why can’t it all be synchronized?”
One key issue, Granwell and other practitioners said, is what types of investment entities will be subject to FATCA reporting, For example, the U.S. and countries such as Canada have different definitions of trusts, with Canada’s definition much narrower than the one set out by the IRS.
“The U.S. takes a very strong position that trusts are foreign financial institutions,” Denise Hintzke, global tax leader for the Foreign Account Tax Compliance Initiative at Deloitte Tax LLP. “Some countries are taking a position that trusts may not be FFIs. There are a number of differences.”
Plowgian said the “majority view” is that a trust is an investment entity subject to FATCA if it is managed by another financial institution, an investment manager or something similar. The Canadian view, however, is that the trust itself would have to be a financial institution regulated in Canada………”……
http://www.bna.com/taxpayers-facing-big-n17179928972/
from
July 1, 2015
‘Taxpayers Still Facing Big Challenges One Year After FATCA Goes Into Effect’
By Alison Bennett
Contains various inaccuracies:
http://www.ctvnews.ca/business/why-some-canadians-bank-info-is-being-sent-to-irs-1.2477572
http://www.bnn.ca/News/2015/7/20/Why-some-Canadians-bank-info-is-being-sent-to-IRS.aspx
Search of the IAPP site shows no updates for 2015 re FATCA, the lawsuit in Canada, or the one just mounted in the US.
https://iapp.org/search?q=fatca
This is the mandate of the IAPP:
“The International Association of Privacy Professionals (IAPP) is the largest and most comprehensive global information privacy community and resource, helping practitioners develop and advance their careers and organizations manage and protect their data.
The IAPP is a not-for-profit association founded in 2000 with a mission to define, support and improve the privacy profession globally. We are committed to providing a forum for privacy professionals to share best practices, track trends, advance privacy management issues, standardize the designations for privacy professionals and provide education and guidance on opportunities in the field of information privacy.”……
Even the IAPP Canada section shows no recent info re FATCA;
https://iapp.org/conference/iapp-canada-privacy-symposium-2015/
Maybe because the current Privacy Commissioner appointed to the post by the Cons has the post because he may be more amenable to ignore the charter and privacy principles abrogated by the FATCA IGA?
See his bio;
“Daniel Therrien”
“Daniel Therrien was appointed federal Privacy Commissioner on June 5, 2014. Prior to his appointment, he practised law at the Department of Justice since being called to the Quebec Bar in 1981. He began his career practising law in the federal government.
In 2005, he was named Assistant Deputy Minister, Citizenship and Immigration Portfolio, at the Department of Justice. In that role, Mr. Therrien co-led the negotiating team responsible for the adoption of privacy principles governing the sharing of information between Canada and the U.S. under the Beyond the Border accord.
He holds a Bachelor of Arts and a Licence en droit from the University of Ottawa.”
The silence at the IAPP is especially surprising because it would be despite them having a Canadian ex. Privacy Commissioner for Canada on the Board of Directors;
https://iapp.org/about/board/board-of-directors
“Jennifer Stoddart
Former Privacy Commissioner of Canada; Visiting Scholar, Centre of Genomics and Policy at McGill University”
I find it odd that an organization such as IAPP, with an ex Privacy Commissioner for Canada on the Board – who commissioned this report during the run up to the signing of the FATCA IGA and enabling legislation: Cockfield, Arthur J., FATCA and the Erosion of Canadian Taxpayer Privacy (April 1, 2014). Report to the Office of the Privacy Commissioner of Canada, April 2014. Available at SSRN: http://ssrn.com/abstract=2433198 wouldn’t be posting about or following the Canadian legal challenge or the US one.
Stoddart gave this interview as she stepped down;
http://o.canada.com/news/exit-interview-privacy-commissioner-jennifer-stoddart-on-her-tenure-continuing-issues
It was Chantal Bernier the Interim Privacy Commissioner after Stoddart, who appeared before the Finance Committee https://youtu.be/T8NjUpngfxE re the legislation to enable the FATCA IGA:
https://openparliament.ca/committees/finance/41-2/35/chantal-bernier-1/only/
http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=6601885&Language=E&Mode=1
http://maplesandbox.ca/2014/will-canadas-privacy-commissioner-finally-speak-on-fatca/
To me, something stinks if FATCA and the legal challenges to it is not on the agenda of important issues to follow by an organization such as the IAPP.
They just held a symposium in May 2015 in Toronto https://iapp.org/conference/iapp-canada-privacy-symposium-2015/;
Several presentations and participants were Canadian privacy commissioners;
ex.
https://iapp.org/conference/iapp-canada-privacy-symposium-2015/sessions-cs15
“A Conversation on Public-sector Privacy Issues with Canada’s Privacy Commissioners”
Fri, May 29
Public-sector Privacy
Jill Clayton, Information and Privacy Commissioner of Alberta, Office of the Information and Privacy Commissioner of Alberta
Elizabeth Denham, Information and Privacy Commissioner for British Columbia, Office of the Information and Privacy Commissioner of B.C.
Daniel Therrien, Privacy Commissioner of Canada
Catherine Tully, Freedom of Information and Protection of Privacy Review Officer, Nova Scotia
“What do the Commissioners consider to be the most pressing public-sector issues of the day? What are the challenges public-sector privacy professionals are facing? This session will focus on the most topical, newsworthy public-sector privacy issues and provide an opportunity for you to engage directly and get perspectives from Commissioners across the country.”
https://iapp.org/conference/iapp-canada-privacy-symposium-2015/sessions-cs15
So where is FATCA mentioned? And the lawsuit in Canada?
Some of the presentations have links embedded so that one can view them. Unfortunately this one does not;
https://iapp.org/conference/iapp-canada-privacy-symposium-2015/sessions-cs15
“A Conversation on Public-sector Privacy Issues with Canada’s Privacy Commissioners”
The IAPP does have some reporting on privacy related lawsuits;
ex.
https://iapp.org/resources/article/2015-data-privacy-litigation-report/
Further to my comments above re the Privacy Commissioners of Canada and the current one re FATCA.
Therrien https://iapp.org/news/video/160680/ is the current Privacy Commissioner of Canada – he was appointed by the Cons just after the FATCA IGA, instead of the interim Commissioner Chantal Bernier who had actual previous experience and appeared before the Finance Committee re FATCA; “6 years leading the Office of the Privacy Commissioner of Canada (OPC) as Interim Privacy Commissioner and as Assistant Commissioner. She oversaw the operations of the OPC, including national and international privacy investigations in the public and private sectors, privacy audits, privacy impact assessment reviews as well as technological analysis, privacy policy development and research.
Prior to leading the OPC, Chantal worked at senior levels of the Government of Canada, including as Assistant Deputy Minister responsible for Socio-Economic Development at Aboriginal and Northern Affairs Canada, as Assistant Deputy Minister responsible for Community Safety and Partnerships at Public Safety Canada, and as Director of Operations for the Machinery of Government Secretariat of the Privy Council Office. Chantal also negotiated international conventions for Canada as part of the International and Constitutional Law Section of the Department of Justice.” http://www.dentons.com/en/chantal-bernier
Bernier expressed concerns about FATCA:
“Chantal Bernier, Canada’s interim privacy commissioner, says she is concerned by the government’s proposal to allow Canada Revenue Agency officials to voluntarily hand over taxpayer information to police if they have reason to believe such information is evidence of a crime.
In her testimony before the House finance committee on Wednesday, Bernier urged the committee to properly demonstrate that information sharing between auditors and law enforcement is needed.
Government snooping on social media may breach Privacy Act
Chantal Bernier says Ottawa snooping on social media
“That is exceptional and therefore should be buttressed by an empirical demonstration of necessity,” she said.
The proposal, which is tucked away in the government’s hefty 375-page omnibus budget bill, is an amendment to the Income Tax Act that would give auditors the right to disclose information found through the course of their regular duties to police.
The disclosures wouldn’t require a warrant or court approval. The taxpayers whose information is disclosed wouldn’t even have to be notified.
The proposed amendment also significantly expands the scope of offences through which Canada Revenue Agency officials could justify disclosing information.”………”Bernier outlined various tests that the proposed amendments would need to pass to maintain the privacy of Canadians, such as making sure any information shared would actually lead to a public good and that there’s no other less intrusive alternative.
In an interview with CBC News, Bernier also said there needs to be a proper oversight mechanism in place, especially in lieu of any requirement to go through the courts.
“Obviously tax data can be relevant to criminal investigations,” she said. “But there’s a process to disclose and we would like to know why this provision would create an exception to that process.””…………..
http://www.cbc.ca/m/touch/news/story/1.2642565
Not directly a FATCA article. But I note that the wife of recently deceased John Bitove Sr. , mother of Canadian John Bitove Jr. , is described as a dual; John Sr. married “…….American-Macedonian Dotsa in 1949, and they spent 67 years together. They had five children — Vonna, Nick, Tom, John Jr. and Jordan ……”. If the childfen inherited US citizenship via their mother Dotsa, then the Bitove children (ex. John Jr. https://en.wikipedia.org/wiki/John_Bitove ) would be duals and in CBT speak they would be deemed by the US to be “UStaxablepersons” and in the language of the Conservative FATCA IGAniks they would be “Americans abiding in Canada”. If they inherited US citizen status from their mother, then they would be examples of Canadians subject to US extraterritorial taxation, FBAR and now FATCA.
See;
http://news.nationalpost.com/toronto/john-bitove-sr-toronto-entrepreneur-and-order-of-canada-recipient-dies-at-87
‘Collection and automatic disclosure of information from Canadian financial institutions is “legally authorized” and “not inconsistent” with Canada – US Tax Treaty’
Posted on September 23, 2015
Roanne C. Bratz –
http://www.canadiansecuritieslaw.com/2015/09/articles/international-developments/collection-and-automatic-disclosure-of-information-from-canadian-financial-institutions-is-legally-authorized-and-not-inconsistent-with-canada-us-tax-treaty/#comments
The IRS and US Treasury mythsters are at it again, this time using obfuscation and misdirection to pretend that the IGAs have resulted in any equivalent ‘reciprocal’ ‘exchange’ under the FATCA IGAs.
As far as we know, in the case of Canada, the ‘reciprocity’ that the IRS is touting in terms of what the US is ‘exchanging’ with the CRA is just the same stuff it was already to have exchanged under the pre-existing Canada US tax treaty, and we know that it never included the extent and type of info that the US demands of Canada under FATCA.
Here is an example of the crafty BS from the IRS:
“…..Certain IGAs not only enable the IRS to receive this information from FFIs, but enable more efficient exchange by allowing a foreign jurisdiction tax administration to gather the specified information and provide it to the IRS. And some IGAs also require the IRS to reciprocally exchange certain information about accounts maintained by residents of foreign jurisdictions in U.S. financial institutions with their jurisdictions’ tax authorities……….”
We know that the US was already supposed to report on US sited accounts held by Canadian residents. There is no evidence that on Sept 30th any more info was sent by the US than it did before the IGA was signed and enabled.
I’m not posting their IRS FATCAnatic link here. For those who don’t mind that the IRS site uses cookies, here is their PR headline to search if you want to find it;
‘IRS Announces Key Milestone in FATCA Implementation; U.S. Begins Reciprocal Automatic Exchange of Tax Information under Intergovernmental Agreements
IR-2015-111, Oct. 2, 2015’
Here is a bank that appears to offer Mortgages to US Persons in Canada: http://www.desjardinsbank.com/fr/hypothecaire.html
“….Que vous soyez citoyen américain, résident permanent ou non-résident américain….”
Some references to costs incurred by Canadian taxpayers funding the CRA to report under the FATCA IGA:
See some of the administrative costs that NON-US taxpayers have borne to implement the FATCA IGA in Canada;
Our own Canada Revenue Agency abused Canadian tax revenues and Canadian taxpayers to put this in place:
“…During the reporting period, we developed services to help financial institutions comply with Foreign Account Tax Compliance Act legislation. We are now moving ahead with publishing administrative guidance, releasing a new information return, and developing appropriate exchange of information capacities to fulfill Canada’s obligations under the agreement.”
Canada Revenue Agency Annual Report to Parliament 2013-2014
http://www.cra-arc.gc.ca/gncy/nnnl/2013-2014/p1-txprs-eng.html
Canada Revenue Agency
Quarterly Financial Report
‘For the quarter ended June 30, 2015
Statement outlining results, risks and significant changes in operations, personnel and program’:
“….$4 million pertains to tax measures, including the implementation of the intergovernmental agreement between Canada and the United States to enhance the exchange of tax information….”
http://www.cra-arc.gc.ca/gncy/fnncl/r150828-eng.html
I discovered this ability to search a registry of lobbyists:
I see that the IIAC (fans of the FATCA IGA, and kissing cousins of the Banksters) have recently lobbied re FATCA;
https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/clntCmmLgs?cno=12909®Id=852685
https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/clntCmmLgs?cno=12909®Id=844816&m6=m6
Ex.
https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=12909®Id=852685&blnk=1
In-house Organization name: Investment Industry Association of Canada
Responsible Officer Name: Ian Russell, President and CEO ?
Initial registration start date: 2006-04-28
Registration status: Active
Registration Number: 781095-12909
Legislative Proposal, Bill or Resolution, Policies or Program
Common Regulator – Advocate on proposed Cooperative Capital Markets Regulatory System
U.S. Foreign Account Tax Compliance Act (FATCA) and Organization for Economic Cooperation & Development (OECD Common Reporting Standard (CRS) – Oral and written submissions to Department of Finance and CRA on the implementation of Canada-U.S. Intergovernmental Agreement and associated guidance to implement FATCA requirements in Canada; oral and written submissions to Finance and CRA on proposed implementation of OECD CRS.
Lobbyists employed by the organization
Michelle Alexander, Vice-President | No public offices held
Susan Copland, Managing Director | No public offices held
Tina Kremmidas, Managing Director | No public offices held
Jack Rando, Managing Director | No public offices held
Ian Russell, President and CEO | No public offices held
Annie Sinigagliese, Managing Director | No public offices held
Naomi Solomon, Managing Director | No public offices held
Andrea Taylor, Managing Director | No public offices held
So what are the Bankster’s cousins in the IIAC up to?
To be clear, to see what they lobbied about,
click on “View associated registration” for details.
ex.
“Lobbying registry shows the IIAC still lobbying on the IGA;
Most recent
https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/clntCmmLgs?cno=12909®Id=852685&m6=m6