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Results: 1 - 14 of 14
2015-04-20 [p.2365]
Q-1061 — Mr. Garneau (Westmount—Ville-Marie) — With regard to exceptions granted under the Policy on Tabling of Treaties in Parliament (the Policy): (a) broken down by year, since the Policy became effective, how many and which specific instruments were granted exemptions; (b) on what basis was each exemption granted in (a); (c) if the exemption in (b) was based on urgency, (i) how was the treaty determined to be urgent, (ii) who made this determination, (iii) when; (d) if the exemption in (b) was for a reason other than urgency, (i) what was the reason, (ii) how was this determined; (e) who determines what constitutes an acceptable reason, other than urgency, to exempt a treaty from the normal tabling requirements under the Policy; (f) have any requested exceptions to the Policy not been granted; (g) broken down by treaties exempted, (i) on what date did Canada sign the instrument, (ii) when did Canada ratify the agreement, (iii) when was the treaty tabled in Parliament; (h) broken down by treaty exempted, was a joint letter drafted "that clearly articulates the rationale to proceed with the ratification, without tabling in the House of Commons"; (i) for each letter described in (h), (i) what is the date of the letter, (ii) to whom is it addressed, (iii) who signed it; (j) broken down by year, what treaties have been exempted from the Policy without a joint letter; (k) broken down by treaty in (j), why was no draft letter created; (l) with respect to the response of the government to part (gg) of Q-816, stating that no joint letter was created with respect to the exemption granted to the Agreement Between the Government of the United States of America and the Government of Canada to Improve International Tax Compliance through Enhanced Exchange of Information under the Convention Between the United States of America and Canada with Respect to Taxes on Income and on Capital, is the lack of such a letter typical;
(m) in each case where an exception to the Policy was granted, was the approval of the Prime Minister sought; (n) in each case where approval for an exception to the Policy was sought from the Prime Minister, was the approval granted; (o) if there were any cases where an exception was granted without approval being sought from the Prime Minister or being granted by the Prime Minister, (i) what treaty was at issue, (ii) what happened, (iii) what justified the course of action; (p) has any study or analysis been undertaken with respect to exceptions granted under the Policy; (q) when was the last time the Policy was reviewed and what were the conclusions of this review with respect to exemptions; (r) what is the policy justification for allowing an exception to the tabling policy; (s) is the granting of an exception always indicated in the explanatory memorandum; (t) if the answer to (s) is no, in what cases was a treaty granted an exception to the Policy but this information not included in the explanatory memorandum; (u) when an exception is granted and this is indicated in the explanatory memorandum, is the reason for the exception indicated in all cases; (v) in what cases has an exception been granted but the treaty still tabled for twenty-one sitting days prior to any Parliamentary action to bring it into force, where applicable; (w) may an exception be granted to the Policy without the Prime Minister's approval being sought; (x) may an exception to the Policy be granted without the Prime Minister's approval; (y) what statistics are kept and by whom regarding exceptions to the Policy; (z) by what means, and when in the process, is the public informed that an exception to the Policy has been granted; and (aa) by what means, and when in the process, is Parliament informed that an exception to the Policy has been granted? — Sessional Paper No. 8555-412-1061.
2015-01-26 [p.1988]
Q-816 — Mr. Hsu (Kingston and the Islands) — With regard to the Agreement Between the Government of Canada and the Government of the United States of America to Improve International Tax Compliance through Enhanced Exchange of Information under the Convention Between the United States of America and Canada with Respect to Taxes on Income and on Capital (the Agreement), the government’s Policy on Tabling of Treaties in Parliament (the Policy), and the statement of Peter Van Loan, Government House Leader, in the House on Monday, April 28, 2014, that “in this case, the fact is that the government, the cabinet, actually did grant such an exemption to the tabling policy. As such, the very words of the policy, the requirements of the policy, have been followed. The processes for obtaining the exemption were obtained. As a result, the requirement that it be tabled in the House 21 days in advance of the legislation being introduced is not necessary and the policy is fully complied with” (the Statement): (a) was an exemption to the government’s Policy granted with respect to the Agreement; (b) what is the difference between an “exemption” and an “exception” in terms of the Policy; (c) if the word “exception” is substituted for “exemption” is the Statement accurate; (d) on what basis was the Statement made; (e) how was the Government House Leader informed of the exemption or exception being granted to the Policy; (f) what documents or memos were created regarding this exemption or exception and what are their access or control numbers; (g) who was involved in this decision to grant an exemption or exception and at what stage were they involved; (h) what was the process, step-by-step, by which this Agreement was granted an exemption or exception; (i) who reviewed the decision to grant an exemption or exception, (i) when, (ii) why, (iii) how;
(j) does the Policy apply to the Agreement, and how; (k) between what departments does correspondence exist regarding the tabling of the Agreement under the Policy and what are the file numbers for these documents; (l) on what date was the Agreement concluded; (m) on what date was the Agreement tabled in Parliament; (n) on what date was the Agreement ratified; (o) when was the House made aware of the text of the Agreement; (p) how was the House made aware of the text of the Agreement; (q) when was the House made aware of the granting of an exemption or exception to the Policy in the case of the Agreement; (r) how was the House made aware of the granting of an exemption or exception to the Policy in the case of the Agreement; (s) when and by what means is the House usually informed that an exception has been granted to the Policy; (t) in the absence of the point of order prompting the Government House Leader's response, how and when would the House have been informed of the exemption; (u) what steps and measures are in place to ensure that Parliament is informed of exceptions being granted to the Policy; (v) what steps are in place to ensure that Canadians are informed when exceptions have been granted; (w) what steps and measures are in place to ensure that Parliament is informed of exemptions being granted to the Policy; (x) what steps are in place to ensure that Canadians are informed when exemptions have been granted; (y) what does “urgent” mean in the context of the Policy; (z) how was the ratification of the Agreement determined to be urgent; (aa) who made the determination in (z), (i) how, (ii) on the basis of what information, (iii) with what authority, (iv) under what criteria; (bb) how was the decision in (z) reviewed, (i) by whom, (ii) how, (iii) when, (iv) by what criteria; (cc) who are or were the lead ministers with respect to the Agreement in terms of the Policy and how was this determined;
(dd) when and how did the Minister of Foreign Affairs and the lead ministers seek approval from the Prime Minister for an exemption to the treaty tabling process; (ee) when was the approval in (dd) granted and how; (ff) what correspondence is available – with file and control number – to corroborate the information provided in response to (dd) and (ee); (gg) was a “joint-letter that clearly articulates the rationale to proceed with the ratification, without tabling in the House of Commons” created; (hh) with respect to the letter in (gg), (i) who created this letter, (ii) when is it dated, (iii) how can it be obtained, (iv) who has access to it, (v) to whom is it addressed; (ii) was the letter drafted in consultation with the Treaty Section of the Department of Foreign Affairs and International Trade and the relevant Secretariat in the Privy Council Office; (jj) what documentation exists – with file or control number for each document – to corroborate the information provided in response to (ii); (kk) who is responsible for retention and access of such joint letters; (ll) with respect to the Agreement, were the responsible ministers and the Minister of Foreign Affairs aware early on of the need to request an exemption to the treaty process prior to obtaining Cabinet authority to sign a treaty; (mm) how is “early on” defined for purposes of the Policy; (nn) how is “aware” defined for purposes of this provision in the Policy; (oo) was a request made in a Memorandum to Cabinet, seeking policy approval for the Agreement; (pp) what Memorandums to Cabinet exist relative to this agreement, (i) what are their dates, (ii) are they subject to privilege, (iii) who made them, (iv) what are their record or control numbers; (qq) which document in (pp) can be said to “clearly articulate the rationale for the exception to the treaty tabling process”; (rr) what is the rationale for the exception to the treaty tabling process with respect to the Agreement; (ss) who determines the rationale per the Policy; (tt) what is an acceptable rationale per the Policy; (uu) how is rationale defined in terms of the Policy; (vv) is there a minimal level of sufficiency for a rationale per the Policy and if so what is it; (ww) when was the exception granted; (xx) did the Minister of Foreign Affairs “inform the House of Commons that Canada has agreed to be bound by the instrument at the earliest opportunity following the ratification” per the Policy; (yy) when did the actions in (xx) occur and how; (zz) in 2014, how many exemptions or exceptions were granted under the Policy before the Agreement; (aaa) in 2014, was the Agreement’s rationale for exception unique; (bbb) in 2014, was the Agreement the only item determined to be urgent in terms of the Policy; (ccc) is the Government House Leader always informed of exceptions and exemptions under the Policy and, if so, how; (ddd) is the House always informed of exceptions or exemptions under the Policy and, if so, how; (eee) how early could the Agreement have been tabled in Parliament; (fff) how was the date in (eee) determined; (ggg) if the Agreement could have been tabled earlier in Parliament than the date in (o), (i) why was it not, (ii) what decisions were made in this regard, (iii) who made these decisions, (iv) how, (v) on what basis; and (hhh) if the Statement could have been made sooner in the House than Monday, April 28, 2014, (i) why was it not, (ii) what decisions were made in this regard, (iii) who made these decisions, (iv) how, (v) on what basis? — Sessional Paper No. 8555-412-816.
2015-01-26 [p.2012]
Q-896 — Mr. Cash (Davenport) — With regard to International Mobility Programs, for the years 2006 to 2014: (a) for each year, how many work permits were issued under the North American Free Trade Agreement (NAFTA), in total and by source country; (b) for each year, how many Canadians worked in the United States and Mexico under the auspices of NAFTA; (c) which other Free Trade Agreements (FTA) include provisions on worker mobility, and for each FTA how many work permits were issued each year, in total and by source country; (d) for each year, how many Canadians worked in other countries under the auspices of a FTA and which countries did they work in; (e) for each year, how many work permits were issued under the General Agreement on Trade in Services (GATS), in total and by source country; (f) for each year, how many Canadians worked abroad under the auspices of GATS and which countries did they work in; (g) which international agreements allow workers to work for a Canadian employer in Canada without a Labour Market Impact Assessment and, for each agreement, how many work permits were issued each year, in total and by source country; (h) for each year, how many Canadians worked in other countries under these same international agreements and in which countries did they work; (i) which provincial agreements allow workers to work for a Canadian employer in Canada without a Labour Market Impact Assessment, and for each agreement, how many work permits were issued each year, in total and by source country; (j) which reciprocal employment programs or agreements allow workers to work for a Canadian employer in Canada without a Labour Market Impact Assessment, and for each program or agreement, how many work permits were issued each year, in total and by source country; (k) for each year, how many Canadians worked in other countries under these same reciprocal programs or agreements and in which countries did they work; (l) which employment benefit programs or agreements allow workers to work for a Canadian employer in Canada without a Labour Market Impact Assessment, and for each program or agreement, how many work permits were issued each year, in total and by source country; (m) for each year, how many Canadians worked in other countries under employment benefit programs or agreements and in which countries did they work; (n) which research or studies-related programs or agreements allow workers to work for a Canadian employer in Canada without a Labour Market Impact Assessment, and for each program or agreement, how many work permits were issued each year, in total and by source country; (o) which programs or agreements fall under “Other Canadian interests,” and for each program or agreement, how many work permits were issued each year, in total and by source country; (p) which programs or agreements fall under “Other work permit holders without Labour Market Opinion,” and for each program or agreement, how many work permits were issued each year, in total and by source country; and (q) for each year, how many spouse/common law partners were issued work permits, in total and by source country? — Sessional Paper No. 8555-412-896.
2014-09-15 [p.1341]
Pursuant to Standing Order 32(2), Mr. Obhrai (Parliamentary Secretary to the Minister of Foreign Affairs and for International Human Rights) laid upon the Table, — Copy of the Agreement between the Government of Canada and the Government of the United States of America to Improve International Tax Compliance through Enhanced Exchange of Information under the Convention between Canada and the United States of America with respect to Taxes on Income and on Capital, and Explanatory Memorandum, dated February 5, 2014. — Sessional Paper No. 8532-412-34.
2014-03-24 [p.665]
Pursuant to Standing Order 32(2), Mr. Anderson (Parliamentary Secretary to the Minister of Foreign Affairs) laid upon the Table, — Copy of the Agreement between the Government of Canada and the Government of the United Mexican States on Air Transport, and Explanatory Memorandum, dated February 18, 2014. — Sessional Paper No. 8532-412-23.
2014-02-03 [p.490]
Pursuant to Standing Order 32(2), Mr. Lukiwski (Parliamentary Secretary to the Leader of the Government in the House of Commons) laid upon the Table, — Government responses, pursuant to Standing Order 36(8), to the following petitions:
— Nos. 412-0675 and 412-0676 concerning the tax system. — Sessional Paper No. 8545-412-98-01;
2014-01-27 [p.397]
Q-121 — Mr. Hsu (Kingston and the Islands) — With regard to the implementation of the Foreign Account Tax Compliance Act (FATCA): (a) what steps has Canada undertaken to complete an Inter-Governmental Agreement (IGA) with the United States; (b) with what type of legal instrument will the government enact a FATCA implementation agreement; (c) will the government bring an IGA before Parliament and, if so, in what form; (d) what steps are in place to ensure parliamentary review of an IGA; (e) what studies have been undertaken as to whether an IGA can be implemented as an interpretation of the existing double tax treaty; (f) in what ways will the government involve Parliament in any process to amend interpretation of the double taxation treaty; (g) who is involved in the process indicated in (a);
(h) by what criteria is the government evaluating any proposed IGA with the US; (i) who established the criteria in (h), (i) on what date, (ii) under what authority; (j) is a draft IGA currently being negotiated, and if so, what is the status of said negotiations; (k) when will the draft IGA be made public; (l) will the public be consulted for input on any agreement, and if so, by what means; (m) with which specific individuals and groups did the Minister of National Revenue consult regarding FATCA, and on what dates; (n) with which specific individuals and groups did the Minister of National Revenue consult regarding any IGA, and on what dates; (o) with which specific individuals and groups did the Minister of Finance consult regarding FATCA, and on what dates; (p) with which specific individuals and groups did the Minister of Finance consult regarding any IGA, and on what dates; (q) what studies and analyses has the Department of Finance undertaken with respect to FATCA; (r) what studies and analyses has the Department of National Revenue undertaken with respect to FATCA;
(s) what analyses and studies have been undertaken as to whether the proposed FATCA regime constitutes an override of the existing double tax convention; (t) what were the conclusions of the studies in (s); (u) what steps is the government taking to ensure that, as a result of FATCA or an IGA, the US will not be allowed to impose higher taxes on Canadian persons than those agreed under the current convention; (v) what studies and analyses have been undertaken to determine whether Canadian citizens and residents are or will be denied financial services in Canada owing to US tax law in general and FATCA in particular; (w) what are the conclusions or recommendations of the studies in (v); (x) what mechanisms are in place to ensure that Canadian citizens and residents are not and will not be denied financial services in Canada owing to US tax law in general and FATCA in particular;
(y) what measures will be taken to remedy denial of services to Canadians as a result of FATCA; (z) what studies and analyses will be undertaken to assess FATCA’s impact on the availability of TFSAs and RESPs for dual US-Canada citizens; (aa) what are the conclusions of any studies in (z); (bb) what analyses and studies have been undertaken regarding whether the US definition of “resident” for tax purposes, and its impact on Canadians with dual status, is compatible with Canadian law, including the Charter of Rights and freedoms; (cc) what analyses and studies have been undertaken regarding whether the US definition of “resident” for tax purposes, and its impact on Canadians with dual status, as will be enforced by FATCA or by an IGA, is compatible with Canadian law and, in particular, the Charter of Rights and Freedoms; (dd) what analyses and studies have been conducted with respect to FATCA's consequences upon Canadians who believed their US Citizenship had been relinquished; (ee) with respect to the studies referenced in (dd), what particular efforts has the government undertaken to ensure no violation of a Canadian's charter right would be occasioned by implementing FATCA or an IGA;
(ff) what studies and analyses have been undertaken regarding the likely cost of FATCA implementation to (i) Canadian private institutions, (ii) Canadian individuals, (iii) the government; (gg) how were the figures in (ff) arrived at, by whom, when, and in consultation with whom; (hh) what studies and analyses have been undertaken as to whether the likely cost of FATCA implementation to Canadian private institutions, Canadian individuals, and the government will be offset by the receipt of reciprocal tax information and Canadian tax law enforcement by the US; (ii) what analyses and studies have been undertaken as to whether the likely costs and benefits described in (ff) and (hh) are likely to be greater, lesser, or the same as under the current tax-information-sharing relationship with the US; (jj) what agencies, boards, tribunals, or commissions of the government have studied, interpreted, analyzed, or commented upon FATCA, (i) to what extent, (ii) on what dates, (iii) with what conclusion(s);
(kk) what specific steps has the government taken to assess the privacy implications of FACTA; (ll) on what dates and with respect to what topics has the government met with the Privacy Commissioner to discuss FATCA or the effect of any IGA; (mm) broken down by province or territory, (i) on which dates and (ii) with what individuals in the provincial and territorial governments did the government consult on the subject of FATCA; (nn) broken down by province or territory, (i) on which dates and (ii) with what individuals in the provincial and territorial governments did the government consult on the subject of any IGA; (oo) does the government have the support of every province and territory with respect to any proposed implementation of FATCA, and what evidence does the government have that this support exists; (pp) has the Department of Justice developed any policy relative to the implementation of an IGA and, if so, (i) how was it developed, (ii) in consultation with whom, (iii) to whom was it provided, (iv) who requested it, (v) what were its findings, conclusions, and recommendations;
(qq) how will the government monitor and enforce compliance by Canadian institutions with FATCA requirements; (rr) how will the government monitor and enforce regulatory oversight of the bank due-diligence efforts required by FATCA and its implementation, including (i) by whom (ii) how, (iii) using what standards such efforts will be evaluated; (ss) what penalties exist and what penalties does the government intend to establish for failure to adhere to standards indicated in (rr); (tt) has the Department of Justice or the Department of Revenue developed any legislation or guidance relative to the implementation of an IGA or FATCA and, if so (i) how was it developed, (ii) in consultation with whom, (iii) to whom was it provided, (iv) who requested it, (v) what were its findings, conclusions, and recommendations; (uu) has the Department of Justice reviewed any proposed legislation relative to the implementation of an IGA; (vv) with what individuals or groups has the Department of Justice consulted relative to the implementation of FATCA;
(ww), what steps have been undertaken to assess regulatory changes to federal institutions at the provincial and territorial level that would be required as a result of FATCA or any IGA; (xx) what steps has the Canada Revenue Agency taken with regard to developing or implementing FATCA or any IGA; (yy) what tax information does the Canada Revenue agency currently share with the US, (i) when, (ii) under what circumstances, (iii) in what form; (zz) has the government assessed whether FATCA and its implementation would require changes to the ways in which tax information is currently shared with the US; (aaa) what has the government sought, or does the government plan to seek from the US, in terms of reciprocal information sharing as a result of the FATCA or IGA negotiations, and what is the current status of negotiations on this point; (bbb) what measures are in place to ensure that no privacy laws or policies are violated in any transfer of information contemplated in (aaa); and (ccc) by what process(es) and on what dates will any IGA and its enacting legislation be vetted for compliance with the (i) Constitution Act, 1867, (ii) Canadian Charter of Rights and Freedoms, (iii) Canadian Bill of Rights? — Sessional Paper No. 8555-412-121.
2014-01-27 [p.405]
Q-127 — Mr. Brison (Kings—Hants) — With regard to the United States (U.S.) Foreign Account Tax Compliance Act (FATCA): (a) when was the government first made aware of this legislation and how; (b) what steps has Canada taken since the legislation's introduction in the U.S., broken down by year; (c) during the consideration of this legislation in the U.S., did Canada make any representations to the U.S. government and if so, (i) when, (ii) by whom, (iii) to whom, (iv) on what dates, (v) by what authority (vi) with what desired effect (vii) and with what outcome; (d) how many individuals in Canada will be affected; (e) how was the figure in (d) calculated; (f) how many Canadian citizens residing in Canada are U.S. persons under FATCA; (g) how many Canadian permanent residents are U.S. persons under FATCA; (h) how many applications for permanent residency is Canada currently processing from persons who are or will be treated as U.S. persons under FATCA; (i) broken down by province and territory and status, how many persons in Canada are projected to be affected by FATCA;
(j) how was the figure in (l) calculated; (k) how many Canadian financial institutions will be impacted by FATCA; (l) how was the figure in (k) calculated; (m) how many non-financial Canadian entities will be impacted by FATCA; (n) how was the figure in (m) calculated; (o) what consultations has the government undertaken with respect to FATCA's impact on persons resident in Canada; (p) what consultations has the government undertaken with respect to FATCA's impact on financial institutions; (q) what consultations has the government undertaken with respect to FATCA's impact on non-financial entities; (r) what estimates and studies have been undertaken with respect to the consequences of a 30% withholding of U.S. sourced income to financial institutions;
(s) when did the studies in (r) occur and what were their conclusions; (t) how much has been spent evaluating FATCA's impact on Canadians; (u) broken down by department, how was the figure in (r) determined; (v) what estimates have been undertaken with respect to FATCA's cost to implement for Canada and with what conclusions; (w) for the five years starting in 2014, how much is FATCA implementation expected to cost (i) Canada Revenue Agency, (ii) the department of Finance, (iii) the department of Justice, (iv) other government departments, agencies, boards, or tribunals; (x) broken down by year and cost from 2010-2020, what is the total financial impact of FATCA implementation expected to be on Canadian taxpayers; (y) how were the figures in (x) obtained; (z) what outside legal opinions has the government sought with respect to FATCA's compatibility with Canadian law; (aa) when were the opinions in (z) sought and at what expense;
(bb) have unsolicited legal opinions been sent to the government regarding FATCA; (cc) how many opinions in (bb) has the government received, (i) on what dates, (ii) with what conclusions, (iii) with what impact on the Government's actions; (dd) has the government assessed the possibility of not acceding to FATCA in any way and, if so, with what conclusion and with what cost to Canada or to Canadians when compared to accession; (ee) how much has been spent on negotiations surrounding FATCA, broken down by year and expense; (ff) which individuals from the government have negotiated on Canada’s behalf regarding FATCA; (gg) what has the Minister of Finance's personal role been with respect to FATCA negotiations; (hh) what has the Minister of National Revenue's personal role been with respect to FATCA negotiations; (ii) what has the Minister of Foreign Affairs’ personal role been with respect to FATCA negotiations; (jj) what plans or strategies has Canada developed regarding enforcement of any FATCA related agreement with the United States;
(kk) what penalties will there be for U.S. failure to meet any of its negotiated obligations; (ll) has the litigation risk regarding any FATCA implementation agreement been evaluated and, if so, (i) how, (ii), when, (iii), by what means; (mm) broken down by department and agency, and with specific record numbers and titles, what briefing materials and files have been developed regarding FATCA; (nn) what measures are in place to assess the lawfulness and legality of any implementation of FATCA in Canada; (oo) have any future public consultations with respect to FATCA implementation been planned and, if not, why not; (pp) what is the projected impact of FATCA on the Bank of Canada; (qq) what efforts has the government made with respect to informing financial institutions of their obligations under FATCA; (rr) what efforts has the government made with respect to informing non-financial entities of their obligations under FATCA; (ss) what efforts has the government made with respect to informing individuals residing in Canada of their obligations under FATCA;
(tt) has Canadian non-compliance with FATCA been assessed as a possibility and, if so, to what extent; (uu) has FATCA been raised in discussions between Canada and countries other than the U.S. and, if so, (i) with which countries, (ii) at what level(s) did the discussion occur, (iii) on what dates, (iv) in what forum, (v) and with which individuals from Canada participating; (vv) have any studies or analysis taken place with respect to FATCA’s impact on immigration to Canada by persons subject to this legislation and, if so, with what conclusion; (ww) has the Canadian Ambassador to the U.S. raised the issue of FATCA in any discussions and if so, (i) which discussions, (ii) on what dates, (iii) with what desired goal; (xx) has the American Ambassador to Canada raised the issue of FATCA in any discussions and if so, (i) which discussions, (ii) on what dates, (iii) with what outcome; (yy) has the government considered the correspondence of Peter Hogg regarding FATCA and if so, (i) with what impact on policy development, (ii) with what conclusion; and (zz) what steps will the government take to minimize any infringement of Canadian Charter rights by any implementation of FATCA? — Sessional Paper No. 8555-412-127.
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