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. Suki Avatar
    Suki

    Thanks for the update and all of your hard work.

    Like

  2. calgary411 Avatar
    calgary411

    Thanks for this. If only!!! Fingers crossed.
    IBS was up and is down again. Lots of people are in the dark right now.

    Like

  3. nobledreamer Avatar
    nobledreamer

    OMG!
    Not expecting this at all. Will be sure to view. Brock is down so we should tweet this!

    Like

  4. PatCanadian Avatar

    This will be very interesting either way it turns out. These two amendments would actually protect the Citizens and Permanent Residents of Canada. The vote will indicate whether the government is protecting Canadian Citizens and their Charter Rights or simply protecting the big banks.
    Thanks for your hard work and for letting us know. Let’s hope for the best but be prepared for the worst. In the worst case scenario, this would indicate a Charter Challenge is necessary.

    Like

  5. Lynne Swanson Avatar
    Lynne Swanson

    I just spoke with Murray Rankin’s Assistant.  She expects the debate today to be “lively” and thinks the Conservatives know that.
    She expects the NDP will support Liberal and Green amendments and vice versa.  Some of the NDP amendments are similar to Liberal amendments, but some are different, including and amendment that the Privacy Act and Charter of Rights and Freedoms must be considered.
    In addition, the NDP are continuing to call for FATCA IGA to be removed from the omnibus bill so it can be given proper study.
    She thinks the Conservatives are feeling nervous.  She is sending notices to try to get the media at the meeting today.

    Like

  6. George Avatar
    George

    Voting against that amendment is pure political poison. I hope the cons understand that or someone is telling them that.
    This is the kind of political hardball language that smokes politicians out. They are either with Canadians or……they are with American Banksters.
    The attack ads at the next election are priceless.
    @Blaze, per your post the cons should be nervous!!
    I am also thrilled that there are amendments which will put Canadian Law ahead of US Law. Again, absolutely realpolitik.
    These guys are painted in a corner, they have to vote down Canadian Citizens and after that vote down supremacy of Canadian Law.

    Like

  7. calgary411 Avatar
    calgary411

    This should be where we can watch live: starting 3:30 p.m. (so 1:30 p.m. Calgary time):
    http://parlvu.parl.gc.ca/parlvu/ContentEntityDetailView.aspx?contententityid=11861&date=20140529&lang=en

    Like

  8. WhatAmI Avatar
    WhatAmI

    If the vote passes (and the omnibus bill subsequently passes) will that force a re-negotiation of the IGA with the US? And if the US refuses?
    The IGA already has a reporting exclusion for local-client based FFIs, without a dollar limit and regardless of US citizenship. It doesn’t seem like a stretch for the IRS to accept an exclusion for all Canadian residents. Canadian big banks should be behind the amendment as it would help stop 1 million Canadians from leaving the big banks in favour of deemed-complaint credit unions.
    If Canada gets this exclusion, some or all of the other IGA signees have clauses that they are entitled to get any better deals that other countries get. This all snowballs into a residence-based FATCA system, where only accounts by non-residents are reported to their country of residence, and we have the RBT-based FATCA system that they should have designed in the first place.
    I loved Paul Rand’s objections in the Senate. Funny thing is, if I understand his stance, this amendment would not change his objections to FATCA at all.
    Where you stand depends on where you sit.

    Like

  9. Sid Avatar
    Sid

    @Calgary411 Thanks for that link.

    Like

  10. LM Avatar
    LM

    Scott Brison is my daughter’s MP!!!
    I met him briefly, very casually, when he was campaigning in Wolfville, NS. Seemed a very straight-forward, down-to-earth guy and I am THRILLED that he is standing up to the Cons and pressing for this amendment. No matter what the final vote, I hope others will join me in sending him a huge cyber-hug for his courageous support of all Canadians and our national sovereignty against Harper and his clones.

    Like

  11. Lynne Swanson Avatar
    Lynne Swanson

    Murray Rankin’s Assistant sent me this notice that just went to the media:

    29 May 2014
    CONSERVATIVES HAVE TO FIX FLAWED FATCA AGREEMENT
    OTTAWA – New Democrats are fighting the reckless implementation of the U.S. Foreign Account Tax Compliance Act (FATCA) and pushing Conservatives at Finance Committee to remove it from Budget Bill C-31 so it can be properly scrutinized and amended.
    “It has become increasingly clear, through departmental and witness appearances at the Finance Committee, that the Conservative government simply has not studied the implications of the FATCA implementation agreement with respect to privacy, constitutionality or cost,” said NDP National Revenue critic Murray Rankin (Victoria). “Rushing it through in an omnibus budget bill without proper study is reckless and unnecessary.”
    The U.S. has delayed the application of FATCA sanctions until January 2015. Canada is already deemed in compliance with U.S. law, and legal experts agree there is enough time to properly study and amend the agreement.
    “More than one million Canadians could be negatively affected by this deeply flawed agreement,” said NDP Finance critic Nathan Cullen (Skeena—Bulkley Valley). “We are simply asking again that the Conservatives slow down and remove FATCA from the budget, so that we can ensure the privacy and constitutional rights of Canadians are protected.”

    Today, the NDP will move a series of amendments at committee to fight the Conservatives’ attempt to impose FATCA and protect the privacy of Canadians.

    Like

  12. George Avatar
    George

    @Blaze, they have no excuses not to pull the bill out, none. That is a great press release.
    @WhatamI, I do not think the most favored IGA clause, clause would apply if Canada carves out Canadian Citizens in the implementing act. Why? The IGA is unamended.

    Like

  13. mark twain Avatar

    Go go go!

    Like

  14. Lynne Swanson Avatar
    Lynne Swanson

    Wow.  Murray Rankin was on a tear introducing  the amendment., Keddy is certainly indicating that they Cons will  not support it.
    It is clear “includes…dual citizens.”  It  won’t pass.  American law will take priority.
    The Yanks are just enforcing the rules that have always been in effect..comes with duty of citizenship.”
    I think it is clear the amendment will  fail.
     
     
     
     
     
     
     

    Like

  15. FuriousAC Avatar
    FuriousAC

    Well, Gerald Keddy clearly has NOT read the FATCA bill NOR has he read the IGA!
    Rankin in reply is hitting on these irregularities from Keddy
    Voted NPD6-failed
    Lib3-failed. Both admendments were to include Cdn Cit and Perm Res.
    May has an admendment to see to it that the IGA does NOT override the privacy act and Charter of Rights act.
    As Lynne says, they are summarily voting no on these admendments, with Keddy constantly mistating the facts, indicating the Privacy Commissioner ‘gave the green light’ to the IGA as written.

    Like

  16. Lynne Swanson Avatar
    Lynne Swanson

    AMENDMENT on Protecting Canadians just DEFEATED by Cons!!!!
    AMENDMENT prevailing over other laws just DEFEATED by Cons!!!
     
     
     

    Like

  17. Lynne Swanson Avatar
    Lynne Swanson

    Holy Crap!  They won’t even support an amendment to require the banks to inform clients that their information has been passed on or to require banks not to report under the $50,000.

    Like

  18. Schubert Avatar
    Schubert

    I’ve just caught up with the news. I’m not surprised at the results; I’ve known all along that the Tories are a pack of a$$es and these votes merely confirm that fact.
    The biggest a$$es however will be any affected persons who continue to vote Tory in any future federal elections. Those persons will deserve what they get, but the rest of the country won’t.

    Like

  19. AtticusinCanada Avatar
    AtticusinCanada

    Well, Keddy say goodbye to being a career politician. This can, will and should be used as evidence that you are a threat to all immigrants to Canada. Saudi/Canadian women can’t drive in their country of origin. According to your logic we should capitulate and “respect” their long held law in Saudi Arabia and start taking away the drivers liscenses of those women who are Canadian with Saudi indicia. Welcome back the Eritreans and go full bore allowing Eritrean government to make Canadian law. If all your constituents don’t already know your stance they soon will.

    Like

  20. PierreD Avatar
    PierreD

    Any idea why I’m getting “Account Suspended” blank pages when I try to visit your sister site, the Isaac Brock Society?

    Like

  21. AtticusinCanada Avatar
    AtticusinCanada

    @Pierre, everyone is getting that message. They are working on fixing the issue.

    Like

  22. PierreD Avatar
    PierreD

    Thanks Atticus. It’s just that the timing seems suspicious.

    Like

  23. FuriousAC Avatar
    FuriousAC

    Yes, and isn’t that interesting. In the IGA wording it states that they intend to monitor and have reported accounts of $20,000 subsequently. And less if they see fit.

    Like

  24. FuriousAC Avatar
    FuriousAC

    Yes, Keddy is indeed a real piece of work. For life long Conservatives we are NEVER going to forget this betrayal.

    Like

  25. FuriousAC Avatar
    FuriousAC

    Well said!

    Like

  26. CanadianCop Avatar
    CanadianCop

    @AtticusinCanada
    It was in the Chronicle Herald yesterday that Keddy is not running in the next election. I briefly hoped that this might be an indication that he would not feel obligated to toe the party line and might vote against dear leader – then I remembered that taking a step like that requires having some integrity (something sorely missing in the Tory ranks these days). Keddy undoubtedly is from the Nancy Pelosi style of governing – you gotta pass it to find out what is in it.

    Like

  27. George Avatar
    George

    Absolutely gutted on this news from the other side of the pond.
    These men are not Canadian Patriots. They are nothing more than carpet baggers.
    What on earth possessed them to not do these common sense things?
    Why will they not take the bill out of the omnibus legislation? Why?

    Like

  28. Lynne Swanson Avatar
    Lynne Swanson

    @Canadian Cop: I think Keddy not  running for reelection is exactly the reason why he was the chosen mouthpiece of the Cons today.
    @George: Because they are Cons.

    Like

  29. GeorgeIII Avatar
    GeorgeIII

    Demand that the opposition party will guaranty repeal of FATCA when they are in power? This should be much more specific than Chretian comment of getting rid of GST in 1993.

    Like

  30. George Avatar
    George

    @All, when is the next election in Canada?
    @George III, I agree with you but “repeal FATCA” is not the pledge thats needed. I think you need a pledge that says first, Canadian Citizens in Canada are not US Persons, Cambodian Persons, Nigerian persons…they are Canadian Persons and nothing else meaning FATCA does not apply to them.
    Next, you need a pledge that all persons tax resident in Canada are not subject to the IGA because you are not the Caymans.
    You also need, probably the most important, simply the repeal that the IGA trumps all law in Canada. I do not know how they had the guts to vote down an amendment saying the Charter overuled the IGA. BUT…..that tells me and gives me strength that there is a Charter problem!!
    Itching to send money to start litigation!!!

    Like

  31. FuriousAC Avatar
    FuriousAC

    It pains me to say this as a long time conservative, but I think they do not take their marching orders from the voters in Canada. I think they take their marching orders from G8 and G20 initiatives, decided in secret and implemented at their pleasure. There seems to me to be a concerted effort to ram this through NO MATTER WHAT. The IGA states that it follows ‘OECD guidelines’

    Like

  32. Lynne Swanson Avatar
    Lynne Swanson

    @GeorgeIII Next tentative date for federal election October 2015.
    You will soon be able to scratch that itch to send money. I promise!!!
     

    Like

  33. George Avatar
    George

    @Furious AC, I hope that is “former long time conservative.”
    @All, this “would not be so bad” if it was possible to easily get rid of this crap American Citizenship. I read earlier today the problem someone was having proving a long ago relinquishment. Let us go in peace!!! We do not want your lousy citizenship.
    @Blaze, for our own sanity do you think one of your NDP contacts could try to explain to us why all the amendments failed. Politically in my mind it seemed very reasonable to vote for one or two to gain political cover as a “patriot of Canada.”
    @All, whatever you all do come the next election you need to vote carefully and get the person who will most likely defeat the cons.

    Like

  34. FuriousAC Avatar
    FuriousAC

    @George.
    Yes, FORMER. NEVER again. This betrayal is monumental and not to be bourne.

    Like

  35. George Avatar
    George

    @Furious AC.
    How does this sound?
    “You call me an “American in Canada” but I am actually
    a Canadian Voter and I will cast my vote against YOU.”

    Like

  36. Mark Twain Avatar
    Mark Twain

    That was really a sickening display from CAN conservatives. The world has been taken over by the Chicago Mafia.

    Like

  37. FuriousAC Avatar
    FuriousAC

    @George:
    How about this: EVERY Canadian who has his/her privacy violated and individual rights violated by this IGA concocted by the Conservative government will remember well when it comes time to vote just WHO ruined their financial lives and the lives of their families because someone in the family was ‘a US Person’, as defined by a foreign government.
    Well remembered at voting time will be the performances of Murray Rankin, Elizabeth May and and Nathan Cullen especially.
    Most egregious will be Keddy, who it appears, will not be running. TOO bad for his replacement!
    All duns for money from the Conservatives have been returned with comment.
    All Conservative MPs have been advised.
    They DON’T care. Let’s see how much they care come election time!

    Like

  38. Lynne Swanson Avatar
    Lynne Swanson

    As Con MP Mike Allen said, “Congress has spoken.”  I don’t know if there  has  ever been anything so outrageous said in Canadian Parliament.
     

    Like

  39. FuriousAC Avatar
    FuriousAC

    Yes it has and the Chicago Mafia works from Turtle Island.

    Like

  40. FuriousAC Avatar
    FuriousAC

    I don’t either. I could not be more outraged by the lack of interest by the Conservatives on the committee. They did not want to. nor did they in any meaningful way. discuss any of the amendments put forward. They intended to vote no no matter what kind of sense any of the amendments made.

    Like

  41. CanadianCop Avatar
    CanadianCop

    I have put up with a number of betrayal’s at the hands of this Conservative government that I voted for in the past. Like @FuriousAC, I consider this betrayal to be so monumental, that it cannot be ignored. The Canadian public at large needs to be made aware that the Conservative party position is that anyone with US taint is a US person living in Canada (not a Canadian). Throw in Mike Allen’s assertion that the Canadian government can’t do anything because “Congress has spoken”. The position of the government on these amendments solidifies that the Cons support Berg and Moody’s position (line the pockets of the compliance industry) and has no concern for Canadian citizens or laws. Harper and Obama are two peas in a pod – neither has any respect for the laws or Constitutions of their countries.

    Like

  42. FuriousAC Avatar
    FuriousAC

    @Canadian Cop:
    Well said and absolutely right!
    Just when did they turn? Just when did they become untrustworthy?
    We were not Conservative for flimsy or inconsequential reasons. We followed the issues closely. We felt it was in the interest of the security and prosperity of Canada that we have a majority Conservative government. We watched as their tax cuts came into effect as promised. We worried they were not moving fast enough on the tax cut front, but , by and large, they were living up to their campaign commitments.
    When, really did it all change?
    I listened and watched in dismay as they betrayed our veterans who deserve our respect and deserve our government’s commitment to them to be kept to the letter.
    They actually went to court to deny our vets their due and we were outraged about that and let our MP and the PM and Minister Fantino know what we thought of it all.
    ( never liked Fantino because of his part in the Caledonia affair, but that’s another story)
    And now this. This is the worst betrayal of Canadian sovereignty ever perpetrated on an unsuspecting and innocent country.

    Like

  43. calgary411 Avatar
    calgary411

    Words escape me — I have rarely felt so empty as I do right now.
    My thanks to the MPs who so valiantly represented us as we have now confirmed that every Conservative MP brands us second-class citizens of Canada.
    (Did I hear Keddy say that if a child born in Canada has not been registered with the US before a certain age, there must be then an application for US citizenship? Just saying, my son does not have the ‘mental capacity’ to apply nor will I help him do so. Will our local Canadian “foreign financial institutions”, then, accept that that segment of us will not be deemed US citizens — no matter what the US deems these children born in Canada to US person(s)?)

    Like

  44. Pastbeyond60 Avatar
    Pastbeyond60

    Yes, when I heard Keddy so confidently and arrogantly say that I almost split. Funny, although I knew how the vote would go I am still so disappointed. I was also offended by the somewhat jocular frivolity around some parts of the meeting. This is REALLY not funny.

    Like

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