Questions and responses 41st Parliament, 2nd session October 16, 2013, to August 2, 2015

With regard to the Government Operations Centre, for each protest or demonstration reported to the Centre by government departments or agencies since January 1, 2006, what was the (i) date, (ii) location, (iii) description or nature, and (iv) department or agency making the report?

With regard to the Government Operations Centre: for each protest or demonstration reported to the Centre by government departments or agencies since June 5, 2014, what was the (i) date, (ii) location, (iii) description or nature, (iv) department or agency making the report?

With regard to government funding, for each program of grants, contributions, loans or other type of funding which currently exists, or which formerly existed at any time since April 1, 2007: (a) is or was the funding tracked using a database; (b) if the answer to (a) is affirmative, what is or was the name or title of that database; (c) what are or were the data fields which are kept in that database in respect of each grant, contribution, loan, or other type of funding; (d) has the database been proactively made available to the public as part of the government’s Open Data initiative or policy, or otherwise; and (e) if the database has not been made available to the public, what is the reason that it has not been?

With regard to Statistics Canada: (a) have studies been done on how to use alternative sources of data and methods of data collection, outside of surveys, to replace the information gathered by the mandatory long-form census in 1971, and every five years from 1981 to 2006; (b) what alternative sources of data and methods of data collection, outside of surveys, were considered prior to 2011 to replace the information gathered by the mandatory long-form census in 1971, and every five years from 1981 to 2006; (c) what alternative sources of data and methods of data collection, outside of surveys, were considered from 2011 to the present to replace the information gathered by the mandatory long-form census in 1971, and every five years from 1981 to 2006; (d) prior to 2011, which foreign jurisdictions were consulted in order to assess alternative sources of data and methods of data collection, outside of surveys, to replace the information gathered by the mandatory long-form census in 1971, and every five years from 1981 to 2006; (e) from 2011 to the present, which foreign jurisdictions were consulted in order to assess alternative sources of data and methods of data collection, outside of surveys, to replace the information gathered by the mandatory long-form census in 1971, and every five years from 1981 to 2006; (f) what studies, reports or assessments have been prepared by Statistics Canada regarding alternative sources of data and methods of data collection, outside of surveys, to replace the information gathered by the mandatory long-form census in 1971, and every five years from 1981 to 2006, broken down by (i) date of studies, reports or assessments, (ii) title of studies, reports or assessments, (iii) internal tracking number of studies, reports or assessments; (g) what briefing documents have been prepared for ministers and their staff regarding alternative sources of data and methods of data collection, outside of surveys, to replace the information gathered by the mandatory long-form census in 1971, and every five years from 1981 to 2006, broken down by (i) date of studies, reports or assessments, (ii) title of studies, reports or assessments, (iii) internal tracking number of studies, reports or assessments; (h) before 2011, did Statistics Canada consider the possibility of establishing connections between existing databases in different Canadian jurisdictions containing the personal information of Canadians, with the use of any form of primary key; and (i) from 2011 to the present, did Statistics Canada consider the possibility of establishing connections between existing databases in different Canadian jurisdictions containing the personal information of Canadians, with the use of any form of primary key?

With regard to Statistics Canada: what are the details of all custom tabulations or data sets prepared for or at the request of any government department, agency, office, crown corporation, or other government body, since January 1, 2010, broken down by (i) the nature or description of the custom tabulation or data set, (ii) the date on which it was requested, (iii) the reason or purpose for which it was requested, (iv) the department, agency, office, crown corporation, or other government body making the request?

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?

With regard to the decision to share information provided by RADARSAT-2 with the Ukrainian armed forces: (a) when was this decision made; (b) what justifications were provided for the decision; (c) who initiated discussions regarding the possibility of information sharing with the Ukrainian armed forces; (d) what are the details about all stakeholders involved in the period of consultation, indicating, if applicable, their department, institution or agency and their position; (e) were any concerns regarding the terms of the agreement with the Ukrainian armed forces, raised by (i) the Department of Foreign Affairs, Trade and Development, (ii) the Department of National Defense, (iii) the Canadian Space Agency; (f) what was the length of the period of consultation and discussion prior to the decision being made; (g) were any foreign governments consulted in this decision, and, if so, which ones; (h) what are the exact terms of the agreement to provide information to the Ukrainian armed forces from RADARSAT-2, including, but not limited to, (i) the period for which Canada has agreed to provide information to the Ukrainian forces, (ii) the frequency of this information sharing, (iii) the form and extent of the information being shared with the Ukrainian armed forces, (iv) the capacity of the Ukrainian armed forces to direct the information being collected by RADARSAT-2; (i) has the decision to direct RADARSAT-2 to collect information over Ukraine had any effect on other projects involving RADARSAT-2; and (j) if the answer to (i) is in the affirmative, what are the details of the projects affected, including, (i) the name of the project, (ii) the activity of RADARSAT-2 under the terms of the project, (iii) the financial impact of the project being affected?

With regard to the application of the Access to Information Act and the Open Government portal: (a) what are the privacy, confidentiality, and security standards which must be met before government data can be released in an open format; (b) what are the basic quality checks which must be performed before government data can be released in an open format; (c) what are the release criteria and global standards for open data which must be met before government data can be released in an open format; (d) what are the dates, titles, and file numbers of all directives, memoranda, regulations, instructions, or any other documents in which the conditions in (a) through (c) are set forth or promulgated; (e) what are the titles or descriptions of data sets which have been either refused for release under the Access to Information Act, or rejected for proactive disclosure through the Open Government portal, at any time since January 1, 2011, for failure to satisfy any of the conditions described in (a) through (c), specifying in each instance the reason for the refusal or rejection, as the case may be; and (f) which of the conditions described in (a) through (c) have been used, at any time since January 1, 2011, by way of justifying the refusal, in response to a request under the Access to Information Act, to release data sets or other information in electronic form, specifying in each instance (i) the body to which the request was made, (ii) the reason for the refusal, (iii) the file number of the request, (iv) the subject matter of the request?

With regard to the Temporary Foreign Worker Program: (a) when will Employment and Social Development Canada begin publicly reporting data on the number of temporary foreign workers approved and the names of employers receiving positive Labour Market Impact Assessments; (b) for which National Occupation Codes are employers no longer allowed to seek temporary foreign workers in regions with unemployment rates of more than 6%; (c) how many provinces and territories, and which ones, have negotiated new annex agreements regarding Labour Market Impact Assessment exemptions with the federal government; (d) how many information-sharing deals have been signed with provinces and territories regarding the temporary foreign worker program, and which provinces and territories are they; (e) how many information-sharing agreements between federal government departments have been revised since June 2014; (f) when will the new Statistics Canada surveys on job vacancies and national wages be implemented; (g) when will the new Job Matching service be implemented, and how will it work; (h) what is the target date for offering the option of applying for jobs online directly through the Job Bank; (i) what specific safeguards will be in place to protect the privacy of applicants, if program officers are able to see the number of applicants and the relevance of their skills; (j) has the Privacy Commissioner been consulted on the inclusion of this data in the operation of the Temporary Foreign Worker Program; (k) how many investigators are assigned to follow up on tips from the government’s confidential tip line and the online tip portal; (l) what is the budget for the confidential tip line and the online tip portal; (m) how many tips have been received on the confidential tip line since April, broken down by month; (n) how many tips have been received through the online tip portal since its creation, broken down by month; (o) how many investigations have been conducted as a result of tips received; (p) how many employers using the Temporary Foreign Worker Program have been subject to an inspection in 2013-2014, broken down by (i) month, (ii) province; (q) how many inspections conducted in 2013-2014 have involved an on-site visit; (r) when is the new regulatory framework for penalties for non-compliance expected to be in place; (s) how many comments were received on the government’s Discussion Paper on the regulatory framework; (t) how many letters of complaint has the Department received about the increase in fees for the Temporary Foreign Worker Program; (u) when is the new privilege fee expected to be introduced; (v) when is the review of Labour Market Impact Assessment-exempt streams expected to be completed, and who will be consulted as part of that process; (w) how many errors on the government’s list of employers with temporary foreign workers were determined to have been the result of employers giving the government the wrong information, and how many employers will face sanctions as a result; and (x) what action will the Department take in cases where Canadians are laid off after temporary foreign workers are hired?

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?

With regard to International Mobility Programs: (a) when will Citizenship and Immigration Canada (CIC) begin proactively posting more data, what data will be posted, and how often; (b) when will the new compliance fee for employer-specific work permits be levied, and at what level will the fee be set; (c) when will the new privilege fee be in place for open work permit holders; (d) how many CIC staff are assigned to investigations of employers for compliance; (e) how many employers have been investigated in 2014, broken down by month; (f) what penalty regime is in place for employers who break the rules; (g) how many employers have been subjected to penalties or sanctions for breaking the rules; (h) how many investigations have included an on-site inspection; (i) how many information-sharing agreements have been signed with other federal government departments; (j) how many information-sharing agreements have been signed with provincial and territorial governments, and which provinces and territories are they; (k) which streams have seen changes to their guidelines or requirements since June 2014; (l) has the review of Labour Market Impact Assessment (LMIA)-exempt streams to determine if they should become part of the LMIA-required stream taken place yet and, if so, what are the outcomes of that review; (m) what measures have been taken to promote the International Experience Canada program to Canadians; and (n) what is the new wage floor for Intra-Company Transferees with specialized knowledge and when did it come into effect?

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?