UPDATE4:26 p.m.:  All amendments were just DEFEATED by the Cons–including one from Rankin to ensure the Act meets the Charter
BREAKING NEWS:  I just spoke with Scott Brison’s Policy Advisor. Mr. Brison has presented an amendment to the Finance Committee.  A vote will be late this afternoon or sometime tonight.

Ref.: 6611875  Clause/Article 99
Page 73  Page 73
COMMITTEE STAGE
May 22, 2014
Mr. Brison (Kings—Hants)
ÉTAPE DU COMITÉ
22 mai 2014
M. Brison (Kings—Hants)
That Bill C-31, in Clause 99, be amended by
adding after line 11 on page 73 the following:
Que le projet de loi C-31, à l’article 99, soit
modifié par adjonction, après la ligne 11, page
73, de ce qui suit :
“(2) Despite any other provision of this Act
or the Agreement, for all purposes related to
the implementation of this Act and the
Agreement, “U.S. Person” and “Specified
U.S. Person” does not include any person
who is
« (2) Malgré les autres dispositions de la
présente loi ou de l’Accord, dans le cadre de
la mise en oeuvre de la présente loi et de
l’Accord, « personne des États-Unis » et
« personne désignée des États-Unis » ne
visent pas la personne qui, à la fois :
(a) a Canadian citizen within the meaning of
the Citizenship Act or a permanent resident
within the meaning of subsection 2(1) of the
Immigration and Refugee Protection Act; and
a) est un citoyen canadien au sens de la Loi
sur la citoyenneté ou un résident permanent
au sens du paragraphe 2(1) de la Loi sur
l’immigration et la protection des réfugiés;
(b) ordinarily resident in Canada.”  b) réside habituellement au Canada. »

She advised they Mr. Brison has also submitted other amendments, including one that would  ensure other Canadian laws prevail over the Implementation Act, (instead of having this law prevail over those laws).
This is essentially a formalized version of the amendment Anne Frank suggested and that Schubert and I sent to Brison, Rankin and  Cullen. The second amendment Brison put forth is a varation of one I suggested–to remove the section that prevails over all other Canadian laws
She said the NDP and Elizabeth May have submitted similar amendments. She expects support for the amendment from the NDP and Greens (although the Greens do not have a vote at  the Committee), but does not know if the Conservatives will support it.Ted Hsu will be present for the Liberals to speak on this.
The Finance Committee will begin a clause by clause review and will consider these amendments at 3:30 today.  A vote will likely take place on each amendment tonight. She was not able to say what time that would be.
You can watch on ParlVu

116 responses to “UPDATE: ALL AMENDMENTS DEFEATED Amendments Being Voted on Today Or Tonight”

  1. Em Avatar
    Em

    @ Lynne
    I’m not sure how helpful the Legal and Constitutional Affairs Standing Senate Committee would be. (Although the name suggests they should be.) They only have 2 up-coming meetings scheduled for June, both about Bill C-23 (Fair Elections Act). They don’t seem to even have Bill C-31 on their radar. Why don’t you see what kind of reply you get from the Clerk and then decide whether or not it’s worth e-mailing all of the members? They seem to be pretty selective about what legislation they will examine.

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  2. noone Avatar
    noone

    @Lynne, Thanks for the initiative. I would contact these people, but I am hesitant since I am not a Canadian – not even a resident – just someone concerned with all the human rights issues caused by this misguided law.
    Thanks again for all your efforts.

    Like

  3. Lynne Swanson Avatar
    Lynne Swanson

    @GeorgeIII That may be as escape clause for those of us who know about the relinquish issue but I know of many boomers who became compliant so they could formally renounce after all the media hype, even though they were pre-86 Canadian citizens.
    Yesterday, when I was at an event that had nothing to do with FATCA, I heard about two of them.  Between the two, they turned over more than $170,000 of Canadian earned, saved,invested and taxed assets. That was $ planned for retirement. I know of others (also pre 1986) who have moved investments out of TFSAs.
    If a bank asks “Were you born in the US,” what will people who don’t know about the relinquishment clause do? Plus, no one has told us what a “reasonable explanation” will be about why someone does not have a CLN.
    When I first heard about all of this, I contacted a US immigration lawyer practicing in Canada. He insisted I was still a US citizen and referred me to a tax lawyer so I could become compliant. That same lawyer told someone else more recently he did not know much about relinquishment or how to do it.

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  4. Lynne Swanson Avatar
    Lynne Swanson

    The response from the Con chair of the Legal and Constitutional Committee was fast.  This was received at 9:17 pm on a Friday evening:

    You should direct your request to the National Finance Committee chaired by Sen. Joe Day.

    In other words, don’t bug the Legal and Constitutional Committee with something as trivial as a legal, constitutional or Charter issue.  Of course, my request to testify before the Finance Committee has been totally ignored as have most of your submissions to them.
    I was anticipating something like that when I saw Bob Runciman was Chair of Legal and Constitutional Committee. He was Solicitor General and Minist er of Corrections and other Cabinet positions in  the Mike Harris Con cabinet in Ontario.

    
    
    
    

    Like

  5. Lynne Swanson Avatar
    Lynne Swanson

    When historians look back on Stephen Harper’s (first?) decade in power, what will they make of the trail of institutional wreckage that his government is leaving in its wake?

    Will they conclude that a mastermind determined to change the course of the ship of state at all costs was in charge, or just a bunch of drunken sailors?
    Those are questions Chantal Hebert asks in Stephen Harper`s Self-Destructive Madness in the Toronto Star.
    I would say we saw a bunch of drunken sailors in action at the Finance Committee this week–except I do not want to insult drunken sailors. I think even drunken sailors would show more respect for Canada`s laws and Charter.
    Will historians even bother to look at the FATCA debacle?

    Like

  6. Hazy Avatar
    Hazy

    I wouldn’t waste much time with the Senate.
    Bill C 31 will be coming before the House for third reading. Presumably, there will be some debate which will be cut short by the Conservatives. If the opposition is really determined to oppose the IGA, they will do their best to make such a fuss that the media has to notice.
    The Charter Challenge needs as much publicity as possible. A strong effort by all the opposition to help generate news stories will give the Challenge fund raising efforts a strong opening boost.
    BTW, I’m not criticizing the opposition, especially Murray Rankin, but the political parties are in a better position, at this point, to educate Canadians
    about FATCA. After Royal Assent, then it’s up to us.

    Like

  7. noone Avatar
    noone

    So what it the timeline now, before this bill is actually law?
    When can we expect that to happen.
    Yes, I agree that some of the funds should be directed to a media campaign if we want to raise the money needed.
    RO was saying that they need $250K to start the litigation with Jim Bopp in the US.
    What is the ballpark in Canada before Joe Arvay can do anything?
    How does that work? Could the fundraising have multiple phases? In other words, how much money needs to be raised before anything can happen?

    Like

  8. CanadianCop Avatar
    CanadianCop

    As I ruminate about the injustice foisted upon us by our back-stabbing Conservative government, I have come to the conclusion that we have to somehow get the attention of the Canadian public and educate them (those that don’t already know) about the treachery of the Harper government. We have a large pool of very educated, intelligent, motivated people here who come from every section of the political spectrum. If we could coalesce around our disdain for Dear Leader and his betrayal of us, I think we could be galvanized into a political force to be reckoned with. The only thing holding many of us back is our fear of being identified by the IRS. I think our compassionate government is relying on that fear to keep us quiet.
    We have lots of ammunition to embarrass the Conservatives. Perhaps we have to be more strategic and political. Harper was very successful in branding Dion and Ignatieff the way he wanted, and Trudeau seems intent on destroying himself (my plan is to support the NDP, as they have supported me). With Canada Day coming up, could we somehow come up with a tombstone graphic saying:
    R.I.P.
    Canada
    Born: July 1, 1867
    Died: July 1, 2014
    Epitaph: “Congress has spoken”
    …or something along those lines? Perhaps a professional looking pamphlet to hand out at Canada Day events? I am obviously still very angry about the way the Cons have treated us after having always voted for them. I think that the way they treated the amendments is a clear indication that they care nothing about Canadians. I cannot imagine that any Canadian with some US connection would not deeply resent the Conservative position that they are first and foremost a US person resident in Canada (a group that is probably big enough to have a significant effect on the outcome of the next election).

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  9. Hazy Avatar
    Hazy

    For anyone who has the stomach to watch, the House Finance committee meeting, where the IGA amendments were voted down, will be on CPAC on June 1 beginning at 7:45 AM ET.

    Like

  10. calgary411 Avatar
    calgary411

    Thanks, Hazy.
    If you want to watch it right now and not ruin your Sunday, the ParlVu link is: http://parlvu.parl.gc.ca/parlvu/ContentEntityDetailView.aspx?contententityid=11861&date=20140529&lang=en

    Like

  11. calgary411 Avatar
    calgary411

    Yes, Canadian Cop, more fear instilled into us by the US Treasury and the IRS as we try to protect our Canadian-earned and taxed savings and shield our family members.
    FEAR rules and now that use of fear as a tool is being copied by our Conservative government as they, too, are willing to paint Canadians with a US taint as tax evaders, ready to turn fellow Canadians over to a foreign country.
    Will the Canadian public as a whole be swayed by the PR of the Conservative plan, especially since the media has not seen fit (and do we know why that is?) to give any coverage to what went on in the Finance Committee on May 29th, 2014?
    I went to a Calgary meeting with a fine group of persons laying plans for this country’s 150th Birthday Celebrations in 2017. We gave our wishes for Canada. Mine was that Canada remains a sovereign country. From the brainstorming taking place, it seemed to me that SOVEREIGNTY would have been the word to describe what everyone was trying to bring into the celebration. If any Brockers or Sandboxers have an opportunity to help plan in their communities for Canada’s 150th Birthday, it will present a good opportunity for you to discuss the importance of a Sovereign Canada.
    The planning in Calgary is called IMAGINation150. The next Calgary “Vital Conversation” in the countdown to Canada’s 150th will have the theme of “VALUES”.
    IMAGINation150 – Planning for Canada’s 150th Birthday (2017)

    Like

  12. Lynne Swanson Avatar
    Lynne Swanson

    Here is a formal reply from the Clerk of the Legal and Constitutional Affairs Committee:

    Thank you for your email and brief.
     
    Bill C-31 is currently before the House of Commons. When and if the bill is passed in the Commons it will be sent to the Senate for further study. Normally the Senate refers all budget implementation bills the Senate National Finance Committee.  I will therefore refer your email and documents to that committee for their eventual consideration of your request.
     
    For your information, the Senate did authorize a pre-study into the subject-matter of Bill C-31 of certain elements of Bill C-31 to a number of different Senate committees, including the Senate Legal and Constitutional Affairs committee. The elements of the bill that were referred to the Legal committee however was restricted to Division 5 of Part 6 of the bill (provisions relating to the Judges Act). As such, the committee’s examination into the subject-matter was limited in scope to only that part of the bill. That portion of the committee’s study is now complete. You can read a copy of the committee’s report on this section of the bill here: http://www.parl.gc.ca/Content/SEN/Committee/412/lcjc/rep/rep08may14-e.htm
     
    The schedule of meetings for the Senate National Finance committee can be found here: http://www.parl.gc.ca/SenCommitteeBusiness/CommitteeMeetingSchedule.aspx?parl=41&ses=2&Language=E&comm_id=13
     
    And you can follow the progress of Bill C-31 using the Parliament of Canada’s LegisInfo site here: http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=6483626

    And here is what the Senate Finance Committee said (Finally!) after my repeated requests to them:

    Ms. Swanson,
    Thank you for your email and brief.
    The Senate Standing Committee on National Finance has concluded hearing from witnesses on the subject-matter study of Bill C-31, and is currently in the process of hearing from the Chairs and Deputy Chairs of the other 5 Senate Committees who were assigned the subject-matter of certain elements of Bill C-31.  The committee has tabled a report on its subject-matter study, and this report can be found on the committee’s website.
    The schedule of meetings for the Senate National Finance committee can also be found here: http://www.parl.gc.ca/SenCommitteeBusiness/CommitteeMeetingSchedule.aspx?parl=41&ses=2&Language=E&comm_id=13  You may access the committee transcripts from past meetings and review the testimony received with respect to the subject-matter of Bill C-31.
    You may also follow the progress of Bill C-31 using the Parliament of Canada’s Legis Info site here: http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=6483626
    I will circulate the briefs you submitted to the full committee for their information.
    Thank you for your interest in the work of Senate committees.

    In other words:

    Do Not Bug Us!


     

     

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  13. Hazy Avatar
    Hazy

    @ Lynne
    Do you have any idea when Bill C 31 will be rushed through the House?

    Like

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