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.
Tags: antoine morin, bill vander zalm, constitutional authority, daily basis, gordon campbell, government of british columbia, governor general michaelle jean, governor general of canada, ottawa ontario, parliament of canada, premier of british columbia, rideau hall, right honourable, royal assent, seal of approval, sussex drive, warp speed
OPEN LETTER TO HER EXCELLENCY THE RIGHT HONOURABLE MICHAELLE JEAN, GOVERNOR GENERAL OF CANADA
Dec 3, 2009 Letters
OPEN LETTER TO HER EXCELLENCY THE RIGHT HONOURABLE MICHAELLE JEAN, GOVERNOR GENERAL OF CANADA,
IN RIGHT OF HER MAJESTY QUEEN ELIZABETH II, SOVEREIGN OF CANADA
FROM: William Vander Zalm, former Premier of British Columbia
RE: Constitutionality of Federal Government proposal to create a harmonized sales tax in BC.
December 3, 2009
Your Excellency,
I write to you regarding an issue of great urgency and concern to myself and the millions of other British Columbians for whom I speak.
The issue is with respect to the British Columbia Government’s plan to accede its exclusive legal authority regarding direct taxation within the Province of British Columbia to the raising of revenue for provincial purposes, to the Federal Government.
Specifically, I refer to their plan to combine the Provincial Sales Tax (PST) with the federal Goods and Services Tax (GST) to create a “harmonized sales tax” (HST) to be levied, set and collected by the Federal Government on behalf of British Columbia.
Section 91 and 92 of The Constitution Act of 1867 clearly enumerates the powers of both the federal and the provincial governments in Canada. Section 92, paragraph 2 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.
We understand this to mean that only the Province of BC is empowered by the Constitution of Canada to levy, set and collect direct sales taxes within the Province, exclusive of the Federal Government.
This exclusive right is held in trust by the Government of British Columbia on behalf of the people of British Columbia, and cannot be assigned, delegated or relinquished without a Constitutional amendment.
The HST, as proposed by the BC and Federal Governments, unilaterally transfers BC’s exclusive lawmaking authority for direct taxation within the Province of BC for provincial purposes, to the Federal Government via a Federal Act, subverting the Constitution and the authority of the BC Legislature.
The Government of BC has stated that the HST Agreement signed by the Finance Ministers of BC and Canada will not be ratified by the BC Legislature. Since the Finance Minister of BC does not have the authority to pass legislation in BC unilaterally, the Agreement can have no force and effect in BC law.
Only a Provincial Act can change, remove or transfer BC’s power governing the collection of direct taxation in BC for provincial purposes, and only with a Constitutional amendment.
We believe the HST Agreement and the resulting Federal Government legislation directly contravenes Section 92, paragraph 2 of the Constitution Act 1867, and is therefore unconstitutional and illegal.
We believe it is a clear violation of the Constitutional limits, obligations and duties of the Provincial Government toward its citizens, and must not be allowed to proceed.
We therefore ask that you withhold Royal Ascent for this Bill when it comes to your desk for signature.
We ask that you, on behalf of the citizens of BC and Canada, refer these very serious concerns to her Majesty, Queen Elizabeth II, for her legal and Constitutional determination, and for the protection of her subjects in BC from this apparent usurpation of their Constitutional rights.
We ask that you do all in your power to prevent the Governments of BC and Canada from proceeding to enact the HST until such time as these issues can be satisfactorily resolved, to ensure both Governments are forced to comply with their Constitutional obligations and limitations.
As Governor General, you have sworn to uphold and defend the Constitution of Canada on behalf of the citizens of Canada and British Columbia. The profound implications and urgent nature of this situation require that you act now to protect the people of BC from this egregious planned violation of their rights and entitlement according to our Constitution.
We thank you for considering our request and await your reply forthwith, as time is of the essence if this potential violation of the Constitution is to be prevented.
Sincerely,
William Vander Zalm
Former Premier of British Columbia
cc:
Honourable Stephen L. Point, Lieutenant Governor of British Columbia
Right Honourable Stephen Harper, Prime Minister of Canada
Honourable James Flaherty, Finance Minister of Canada
Honourable Gordon Campbell, Premier of British Columbia
Honourable Colin Hansen, Finance Minister of British Columbia
Honourable Carole James, Leader of the Official Opposition of BC
Honourable Michael Ignatieff, Leader of the Opposition, Canada
Honourable Jack Layton, Leader of the NDP
Honourable Gilles Duceppe, Leader of the Bloc Quebecois
Her Majesty Queen Elizabeth II
Buckingham Palace
London, England SW1A 1AA
Tags: british columbia government, british columbia section, british columbians, canada section, constitution act, constitution of canada, federal governments, government of british columbia, government proposal, governor general of canada, harmonized sales tax, lawmaking authority, majesty queen elizabeth, premier of british columbia, province of bc, province of british columbia, provincial governments, provincial sales tax, queen elizabeth ii, right honourable
