Madam Speaker, I would first like to thank my colleague for sharing her time with me. It is greatly appreciated. It is an opportunity for us to be able to talk about tax fairness.
For more than 15 years, the Auditor General has repeatedly said that the use of tax havens is the biggest threat to the tax base. While the government is repeating that it is working very hard to counter this, nothing ever happens. At some point, it will have to stop talking and start acting.
All day members across the way have been saying that the federal government is fighting very hard against tax evasion and tax havens. They may repeat it over and over again, but they are alternative facts. The fact is that Canada is the official spokescountry for tax havens. This is no joke: Canada is indeed the official spokescountry for tax havens, a role it performs openly and without shame.
It does so before the International Monetary Fund, the organization responsible for international financial markets. Canada clearly speaks for tax havens there. Twice a year, when he talks about the IMF world economic outlook, the Minister of Finance does not speak solely for Canada. No, he speaks on behalf of Canada and Barbados. Barbados is Canada's tax haven and has been since Paul Martin was finance minister and registered his ships in Barbados. Then we have the Bahamas, a tax haven whose insurance laws were written by the Minister of Finance's own consulting firm. I cannot name it in the House, because it contains the name of the Minister of Finance.
At the IMF, Canada defends and is the official spokesperson for Barbados, the Bahamas, Antigua, Belize, Dominica, Grenada, Jamaica, St. Kitts and Nevis, St. Lucia, and others.
It seems to me that the Liberals are thumbing their noses at Canadians by continuing to say that the government is cracking down on tax havens. Canada is one of the biggest users of tax havens in the world. That is particularly true of Canada's five largest banks. Their use of tax havens to avoid paying taxes costs the federal and provincial governments approximately $6 billion a year. We are talking about $6 billion for just five banks.
In June 2016, the IMF found that the Royal Bank, Scotiabank, and CIBC, these three banks alone, represented 80% of the banking assets in Barbados, Grenada, and the Bahamas. These three Canadian banks hold almost all of the banking assets there.
The government needs to stop saying that Canada is a champion in the fight against tax havens. That is not true. The reality is that Canada is an advocate, protector, and spokesperson for tax havens. In other words, Canada is a cheerleader for tax havens.
The KPMG fraud scandal is just the latest example of Canada's inaction. The CRA discovered the Isle of Man fraud over five years ago, but the government has still not filed any criminal charges against KPMG.
When it comes to talking and saying nothing, the government is always there, but when it comes time for action, it is nowhere to be found.
I will demonstrate what it means to fight fraud in tax havens. This happened in the United States. In 2003, a senate committee brought to light certain fraud schemes involving tax havens that were sold by KPMG, triggering an investigation by the IRS, the U.S. Internal Revenue Service. When KPMG tried to invoke professional privilege to refuse to hand over the list of its fraudster clients, the IRS threatened to obtain a search warrant and charge the firm’s executives with obstruction of justice. Contrary to what is happening here, KPMG submitted and put an end to its obstruction. The U.S. investigation demonstrated that 431 clients of KPMG had concealed $11 billion in revenue from the tax authorities, resulting in lost tax revenues of $2.5 billion between 1996 and 2003.
Giving the benefit of the doubt to the KPMG clients who said they thought the financing package was legal, since they had acted on the recommendation of their accountant, the IRS offered them a conditional amnesty. This was not at all the same amnesty as we have here. They were required to repay their debts within 90 days, including interest and a 50% penalty, or else go to prison.
All the clients agreed, and the IRS recovered $3.7 billion on the $2.5 billion owing, including the 50% penalty plus interest.
In the United States, an amnesty means that people have to repay one and a half times their debt. The Americans were not content with hunting down the fraudsters. They went after the source of the problem, the fraud barons, KPMG itself. Here we give them billions of dollars in contracts; there, they are prosecuted.
On June 13, 2005, two years after the fraud was discovered, the U.S. government laid criminal charges against KPMG. Nine of its executives faced charges of fraud and criminal conspiracy. The firm itself was accused of being a criminal organization, something that could have resulted in its dissolution.
Two weeks later, on June 27, 2005, the Internal Revenue Service, the IRS, announced that it had come to an out-of-court settlement with KPMG. In return for dropping the criminal charges which could have led to the company’s dissolution, KPMG agreed to dismantle three of its departments, to stop selling tax planning services, to pay the government $466 million, nearly half a billion, in damages, and to give an IRS agent unlimited access to all of its files for three years.
The above notwithstanding, the criminal charges were maintained against the nine executives. Two were found innocent, six had to pay fines totalling $25 million, and one was imprisoned. It was the defrauder-in-chief who ended up in prison.
Here in Canada, the government gives fraudsters contracts worth $92 million. Good for them! The government thanks fraudsters and shower them with gifts. They are all buddy-buddy. The fact is that the government does everything it can to facilitate the use of tax havens. That is the problem we have here. When it comes to helping its banker buddies, the government is happy to play an active role.
The Income Tax Act prohibits the use of tax havens. Parliamentarians never voted for that. A close look at the tax treaties shows that the use of tax havens is not allowed. For example, article 30 of the treaty with Barbados explicitly excludes all businesses with special tax benefits in Barbados. According to the treaty, profits sent to Barbados have to be taxed in Canada. The treaty is clear, and its implementation act is rock-solid. The act states that provisions in this treaty take precedence over incompatible provisions in any other act or regulation. In other words, under the act to implement the Canada-Barbados treaty, the government is obligated to tax repatriated profits.
As for the agreements that Canada has concluded with the other 22 tax havens, they are nothing but information sharing agreements. They too do not give anyone the right not to pay income tax in Canada. The tax treaties and the Income Tax Act are not the problem; the problem is the regulations which contradict the treaties and were adopted without a vote.
The government has passed regulations that facilitate tax avoidance. When I said that Canada was the protector of tax havens, I was not exaggerating. Not only does it speak on their behalf at the IMF, it secretly amends the tax regulations that authorize their use.
On this subject, I would like to point out an inaccuracy in the motion being debated today. The motion asks us to renegotiate these tax treaties when it should instead seek to abolish the tax regulations that permit the use of tax havens. It is not the treaties or the laws that are bad. The problem is the regulations that the government has adopted on the quiet. It is the regulations and the government that are bad, not the treaties.
I would therefore like to collaborate with the NDP on this subject so as to continue the fight against tax havens. At the end of my speech I will be proposing an amendment to the motion that will address this inaccuracy. I will return to this point in a moment.
I repeat: tax havens are the greatest injustice of our time. Now when the tabling of the budget is drawing near, now when everyone has a gun to their head and public services are jammed up, it is absolutely scandalous for the government to be giving billions of dollars in gifts to the wealthy. Tax havens must be eliminated.
I propose to amend the motion by modifying a few words in paragraph (b)(ii). It is a matter of replacing the words “renegotiating tax treaties that let” with the words “abolishing tax regulations that let”.