HST Extinguishment Act for the Citizen’s Initiative against the #HST in BC
Dec 10, 2009 Details
Title:
HST Extinguishment Act
Preamble:
Whereas a Harmonized Sales Tax (HST) combining the Provincial Sales Tax (PST) with the federal Goods and Services Tax (GST) as contemplated by the Governments of British Columbia and Canada contravenes Section 92, Article 2, of the Constitution Act 1867, which states:
92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.
And whereas the people of British Columbia, as expressed in the Citizen Initiative Petition against the Harmonized Sales Tax (HST) in British Columbia, wish to extinguish the tax, therefore;
Part I
(1) The Agreement titled “The Comprehensive Integrated Tax Coordination Agreement” between The Government of British Columbia and The Government of Canada establishing an HST in British Columbia is hereby extinguished and of no force or effect whatsoever.
(2) For greater clarity, the HST is hereby extinguished in British Columbia.
Part II
(1) A Provincial Sales Tax (PST) of 7% with the same applications and exemptions as at June 30th 2010 shall be reinstated as the only sales tax in British Columbia for the raising of a Revenue for Provincial Purposes.
Part III
(1) This Act shall be effective retroactively as of June 30th 2010.
(2) Any HST revenues owing to or received by the Provincial Government between the retroactive effective date of this Act and the actual date of Royal Assent, which are over and above the original PST amount as it would previously have been applied, shall be reimbursed to all British Columbians on a per capita basis.
Tags: article 2 of the constitution, citizen initiative, constitution act 1867, contravenes, goods and services tax, government of british columbia, government of canada, governments, harmonized sales tax, initiative petition, legislation, preamble, provincial sales tax, sales tax, taxation
PRESS RELEASE: GOVERNOR GENERAL RESPONDS TO VANDER ZALM REQUEST TO CHECK CONSTITUTIONAL AUTHORITY OF #HST
Dec 4, 2009 Press Release
December 4, 2009
GOVERNOR GENERAL RESPONDS TO VANDER ZALM REQUEST TO CHECK CONSTITUTIONAL AUTHORITY OF HST
Her Excellency, Michaelle Jean, Says She Wants No Part of It
Delta, BC – In a reply that came at ‘warp speed’ as Mr. Scott used to say on Star Trek, Canada’s Governor General, Michaelle Jean, told former BC Premier Bill Vander Zalm and his Fight HST group that she wanted nothing to do with the issue of whether the Campbell and Harper governments had overstepped their constitutional bounds in creating an HST in BC.
Following is the reply from her office, received at 5:18am PST (8:18am EST) on December 3, less than 18 minutes after receiving Mr. Vander Zalm’s request:
Dear Mr. Vander Zalm,
On behalf of Her Excellency the Right Honourable Michaëlle Jean, I am responding to your email.
While the Governor General appreciates your concerns, she feels that this issue would be best addressed by the Government of British Columbia. I understand from your letter that you have already contacted the Honourable Gordon Campbell, Premier of British Columbia, which was the appropriate step to take.
I wish you the very best. Thank you for writing.
Yours sincerely,
Antoine Morin – INFO
Rideau Hall
1 Sussex Drive / 1, promenade Sussex
Ottawa (Ontario) K1A 0A1
Vander Zalm points out that Jean, the 27th Governor General of Canada, has very few actual responsibilities. However, one of them is giving “Royal Assent” to all laws and bills passed by the Parliament of Canada.
Royal Asset is the process by which the Governor General gives the seal of approval to all legislation with her signature. It is the final step in the enactment of all laws. Vander Zalm’s request to her was simple – tell the people of BC whether or not the legislation creating an HST in BC is Constitutionally legal or not.
“I guess we found out that the Governor General either doesn’t know what she is signing on a daily basis, or doesn’t care. Her response indicates it is just too much trouble for her to determine if anything she proclaims into law actually follows the Constitution or not,” said Vander Zalm.
“I’d like to know what she would do if Parliament, as it once did, declared women not persons again and took away their voting rights in a piece of legislation? Would an issue like that also be too burdensome to determine whether it was legal or not?” Vander Zalm asked rhetorically.
“We weren’t asking her to take control of the government, just to do her duty and ensure the Constitutional rights of Canadians were not being trampled. Referring us back to the trampler to get restitution is like asking a murder victim to take it up with their killer. This is a total joke and if the Governor General won’t do her duty, what is she there for?”
“Maybe it’s time we got rid of her altogether. I have never seen such a useless waste of taxpayer’s dollars in all my political life,” concluded Vander Zalm.
Vander Zalm says his group is committed to using the Citizen Initiative process to repeal the Agreement between the Governments of BC and Canada to create an HST in BC. He said he will launch the application for the petition in the New Year, with signature collection to take place in March, April and May of 2010.
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