Financial System Review Act

An Act to amend the law governing financial institutions and to provide for related and consequential matters

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends a number of Acts governing financial institutions. It also amends legislation related to the regulation of financial institutions. Notable among the amendments are the following:
(a) amendments to the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act and the Trust and Loan Companies Act aimed at reinforcing stability and fine-tuning the consumer-protection framework; and
(b) technical amendments to the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act, the Trust and Loan Companies Act, the Bank of Canada Act, the Canada Deposit Insurance Corporation Act, the Canadian Payments Act, the Winding-up and Restructuring Act, the Office of the Superintendent of Financial Institutions Act, the Payment Clearing and Settlement Act and the Financial Consumer Agency of Canada Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 28, 2012 Passed That the Bill be now read a third time and do pass.
Feb. 14, 2012 Passed That, in relation to Bill S-5, An Act to amend the law governing financial institutions and to provide for related and consequential matters, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:40 p.m.
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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Madam Speaker, my friend from Calgary is right with regard to the government seeing the global economic downturn coming in 2008, but the government saw it in the rear view mirror. It certainly did not see it out the windshield. While every economist was telling the Conservatives that it was coming, that it was inevitable, they did not see a problem. They said things were going to be wonderful. At that time the government had a surplus budget and a balanced budget, and we know what happened. Forgive Canadians if they do not have a great deal of confidence in the government's ability.

I will ask my colleague to use some foresight. What does my colleague see as the next big issue the government will fail to recognize?

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:40 p.m.
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Conservative

Deepak Obhrai Conservative Calgary East, AB

Madam Speaker, let me say in very clear and certain terms that the Canadian public makes the decision because it affects them. Canadians responded in the last election to how we handled things in 2008. Canadians gave us a majority government and those members are sitting in the corner because Canadians did not trust them.

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:40 p.m.
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Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Madam Speaker, there has been a lot of revisionist history in the chamber this afternoon over which parties believe in a strong banking system in Canada, which parties want to nationalize the banking system, and which ones want to fully deregulate them.

Maybe the member could give us a bit more history and remind us which party stood up for a strong banking system in Canada.

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:40 p.m.
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Conservative

Deepak Obhrai Conservative Calgary East, AB

Madam Speaker, it was the proud record of this government under the present Prime Minister. The Canadian people gave this government a majority for that.

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:40 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

Before I recognize the hon. member for Calgary Northeast, it is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Rimouski-Neigette—Témiscouata—Les Basques, Science and Technology; the hon. member for Alfred-Pellan, Pensions; the hon. member for Avalon, Government Loans.

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:40 p.m.
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Conservative

Devinder Shory Conservative Calgary Northeast, AB

Madam Speaker, I am pleased to have this opportunity to address Bill S-5, the financial system review act. I would like to take a moment to say a few words about how this bill came to be before the House.

This bill is the outcome of the mandatory five year review of the framework that governs federally regulated financial institutions, which began in September 2010. Such regular reviews help to ensure that Canada remains a global leader in financial sector stability.

I would also note that this bill needs to be passed and its supporting legislation renewed by April 20, 2012 to allow financial institutions to carry on with their business and provide the services that Canadians depend on.

I was pleased to hear in some previous speeches in the House that members opposite are willing to send the bill to committee for further study. I hope they will support swift passage of the bill.

I want this piece of legislation, as technical as it is, to be understood by ordinary Canadians so they know how it affects them in real terms. Key measures in the bill are aimed at protecting consumers of financial services, building on important consumer protection actions our Conservative government has taken in recent years.

I will briefly explain the rationale for these initiatives while providing a bit of context. Throughout our time in office, our Conservative government has aggressively focused on helping Canadian consumers identify and take advantage of the best possible financial products and services for their needs. For example, in the next phase of Canada's economic action plan, we will further strengthen Canada's financial system by moving forward on the recommendations of the Task Force on Financial Literacy and announcing the government's intention to appoint a financial literacy leader. We will be enhancing consumer protection by banning unsolicited credit card cheques and developing measures related to network branded prepaid cards. In doing so, we are making a strong system even stronger.

Canada has many advantages that have mitigated the impact of ongoing global economic turbulence. For instance, Canada has a prudent and well-regulated banking system, ensuring that our lenders demonstrate responsibility and restraint. The result is Canada did not suffer a single bank failure or need to bail out any of its financial institutions.

As the Toronto Star said, “Unlike in the United States and Europe, no banks collapsed or had to be rescued in Canada during this financial crisis”. On the contrary, Canada's financial system remains strong, based on effective risk management and supported by a very effective regulatory and supervisory framework.

Some of the remarks I have heard in the House in relation to Bill S-5 allege that Canada's fortunate position during the global financial crisis was in spite of our Conservative government's policies, not because of them. What they say is that as Conservatives we tend to shy away from regulations in favour of competitive markets when it comes to the financial sector. Let me be clear on a couple of points.

First, it is true that we tend to favour less government intervention where possible, but we keep a close eye to ensure the system remains strong, thanks to the work of the hard-working, world's best finance minister that we have.

Second, our Conservative government, under the leadership of the Prime Minister, recognized early on that prudent regulations and supervision were necessary in the financial sector. In fact, we witnessed that other nations had to massively intervene in their markets as a result of under-regulation, and effectively nationalized their financial institutions.

Let me be blunt. Canada has emerged from this financial crisis as the only true free market financial system in the world. Indeed, Canada's strong economic and fiscal fundamentals have been recognized internationally. Today our country has the world's soundest banking system, as ranked for the fourth year in a row by the World Economic Forum. In fact, our five Canadian financial institutions were recently named to Bloomberg's list of the world's strongest banks, more than any other country.

Before I focus on our Conservative government's commitment to consumer protection, I want to address another aspect of the bill.

Bill S-5 gives authority to the minister to approve the acquisition of major foreign entities by federally regulated financial institutions where that acquisition would increase that institution's assets by more than 10%. Some in this House during earlier debates have suggested this could politicize the process. In fact, this is a historical oversight provision that was repealed in 2001. We are merely restoring that authority. There is a good reason for that. We understand that a regulatory and oversight balance is necessary to keep our markets healthy.

Let us say, for example, that a Canadian bank or federally regulated institution acquires a foreign company that increases its assets by more than 10% and that foreign company then succumbs to poor conditions in its market, a collapse of that economy or sector of that economy. That would have a negative impact on a significant portion of a Canadian bank's holdings and our Canadian markets would be affected by extension. That is why we feel it is prudent to have these risky acquisitions reviewed before they go ahead, to ensure that they are in the public interest.

Julie Dickson, the Superintendent of Financial Institutions, had this to say about this decision:

It’s now being moved back to the Minister of Finance, and we fully support that decision. It makes sense for the Minister of Finance to ultimately have the ability to approve. It’s just going back to the way it used to be.

Alec Bruce, a noted Times & Transcript columnist, gave the following insight:

When our banks top up their foreign holdings in this environment they do, in fact, chance importing this contagion to these shores, and injecting it into the arteries of the country’s economy....It’s not too much to ask....

Let me reassure all members that this Conservative government has an ongoing commitment to ensure that consumers are protected in their dealings with our financial institutions. That is why our government has an entire agency working to protect and educate consumers of financial services. It is the Financial Consumer Agency of Canada, FCAC. The agency does its part to help inform financial consumers in Canada by developing plain language educational material on a wide range of financial products and services. It has developed innovative approaches, such as a mortgage calculator that quickly determines mortgage payments and the potential savings resulting from pre-payments. It has also introduced online tools that help consumers shop for the most suitable credit card and banking package for their needs.

The agency has created two new tip sheets to help Canadian consumers looking for ways to save money. One is on choosing the right banking accounts and the other is on keeping service fees low. Recently the agency has been instrumental in lending its support to Financial Literacy Month, that being November, which featured 200 events and outreach initiatives across the country.

We have a steadfast commitment to improve the financial knowledge of Canadians and that commitment includes this bill. The proposed legislative package before us includes measures that would strengthen the consumer protection framework, including increasing the maximum fine the FCAC can levy for violations of a consumer provision from $200,000 to $500,000, and would guarantee that any Canadian has the right to cash government cheques up to $1,500 free of charge at any bank in Canada.

Our Conservative government believes that Canadian consumers deserve accessible and effective financial services that meet the needs of consumers and that operate in the public interest. By enacting the financial services review act, we would further ensure that our financial system remains a competitive Canadian advantage and that consumers receive the highest possible standard of service. It is the level of service that Canadians deserve and have come to expect.

I ask all members of the House to support Bill S-5 to ensure that our financial sector remains strong, stable, secure and a model for other countries to follow.

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:55 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Madam Speaker, I can understand that the Conservatives want to create legal loopholes for the wealthy through their legislation, but why are they protecting the tax evaders? In this bill they have only touched upon going after tax evaders who use places like the Cayman Islands or Switzerland to hide their money from the Canadian tax man.

My question to the member is this. Why have we not been given sufficient time to discuss this issue in the legislation and to go after tax evaders? Why are they protecting tax evaders and what penalties do they intend to use in their small makeshift measures against tax evasion? What penalties are they going to impose and how are they going to enforce them in places like Cayman Islands and Switzerland?

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:55 p.m.
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Conservative

Devinder Shory Conservative Calgary Northeast, AB

Madam Speaker, it is a good and fair question, but I want to remind my friend in the opposition that the process was started in September 2010, as far as the time is concerned.

We are asking the opposition today to let this bill go to committee where all of these issues are raised and addressed. That is the place where individual issues should be raised. As my colleague mentioned before, all these issues were in our election platform and Canadians gave us a strong mandate to work for them and to be productive, not to halt any and all legislation.

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:55 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Madam Speaker, I am amazed at how that member and that party have tried to reinvent history. Yes, we have the soundest banking system in the world, but I can assure everyone it has nothing to do with the current Prime Minister. It goes back to 1995 when the finance minister of the day, Paul Martin, along with the then Prime Minister, was willing to allow mergers with the United States, but a committee of backbench Liberal MPs challenged its own government. I was one of them. We held hearings across this country and made a recommendation that the banks stay within Canada and not be allowed to merge. That is why we have the soundest banking system in the world, because MPs were willing to stand up against the government. It is too bad we do not see some standing up against the government by the backbench on the other side.

I do not really have a question but I am just asking the member to stop trying to reinvent history and to get the facts straight.

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:55 p.m.
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Conservative

Devinder Shory Conservative Calgary Northeast, AB

Madam Speaker, of course the member opposite is always amazed to see how hard working and productive this government is.

To respond to his comment, he has to admit one more thing, that it was under the leadership of this Prime Minister that Canada weathered the global economic crisis and emerged with the world's strongest banking sector, according to the World Economic Forum, and was given excellent ratings by the World Bank and IMF. It was our Conservative government that took a balanced approach between regulations and free markets that limited our need to intervene in the markets.

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:55 p.m.
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Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Madam Speaker, I would like the member to reiterate quickly some of the aspects of the bill. This bill would in fact provide higher standards of accountability. I do not understand why the opposition party would be against a bill that requires greater accountability and more responsibility within the financial sector and in the area of consumer protection. Would the member not agree that is exactly what this bill would do?

Financial System Review ActGovernment Orders

February 14th, 2012 / 4:55 p.m.
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Conservative

Devinder Shory Conservative Calgary Northeast, AB

Madam Speaker, I absolutely agree with my colleague that the key measures in this act are aimed at protecting consumers of financial services. Of course, this is mandatory legislation. The statutes for federally regulated financial institutions must be reviewed every five years. That is exactly what we are doing.

For a change, I would ask all opposition members to get on board at least once and move forward and provide Canadians with what they deserve and have asked for.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

I would just like to advise all members that we have now reached the point where interventions can last no more than 10 minutes, followed by questions and comments of 5 minutes. The hon. member for York South—Weston.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5 p.m.
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NDP

Mike Sullivan NDP York South—Weston, ON

Madam Speaker, I rise today to speak to Bill S-5, an act to amend the law governing financial institutions and to provide for related and consequential matters, and to express my disappointment about the inadequacies of this bill.

The member opposite suggested that somehow we were against this kind of thing. We are not against it: we are in fact disappointed that it does not go far enough. I think we have heard their mantra over and over again throughout this entire Parliament. We are disappointed that the government does not do enough, that it does not protect seniors and immigrants and does not protect the rights of ordinary Canadians.

Again we are faced with a bill that does not seem to go far enough. It is our hope that these inadequacies can be addressed at committee, as has been suggested. So far we have not had a good track record of changing bills at committee. Unfortunately the government does not like to listen to our advice, does not want to hear debate, and intends through the time allocation motion it introduced yesterday and passed today to have only one further day of debate before going to the standing committee, which will then have about five weeks to go through this very complicated bill.

I say “complicated” because the bill amends the Bank Act, the Cooperative Credit Associations Act, the Insurance Companies Act, the Trust and Loan Companies Act, the Bank of Canada Act, the Canada Deposit Insurance Corporation Act, the Canadian Payments Act, the Winding-up and Restructuring Act, the Office of the Superintendent of Financial Institutions Act, the Payment Clearing and Settlement Act, and the Financial Consumer Agency of Canada Act. Why are we rushing?

This is a pretty important thing. I do not think there is a person in Canada whose relationship with banks and financial institutions is not somehow touched by this bill. There are few in my riding who do not have bank accounts, I will admit, but as the member for Winnipeg Centre reminded us, they are being served by other institutions that are gouging them, the payday loan companies that have sprung up like mushrooms to replace the banks that have left.

It is very unfortunate that we are not going to get enough time to debate this bill, because it is going to deprive Canadians of a really comprehensive and transparent review of our financial system, unlike the cursory and rushed treatment this bill unfortunately received in that other house, the Senate. We are talking about regulating this country's financial service industry, which employs thousands of Canadians and handles trillions of dollars in assets, and the Senate review of this legislation took three weeks from start to finish. The bill was introduced in the Senate on November 23 of last year and adopted at final reading on December 16.

Several questions arise from that. Why did it take so long to get here? We are in the middle of February and are now dealing with this in a rush because we have to meet a time allocation motion. It is almost three months since it was introduced and two months since it was passed in the Senate. Is the banking system therefore less important to Canadians than guns? Is the banking system less important than copyright legislation? Is the banking system less important than the Wheat Board? These are all things that went before it, and the banking system is thus apparently not seen as important, not as important to ordinary Canadians. We disagree.

Why the Senate? Is the government trying to make work over there in the other chamber? Is that really what is going on? To justify its position that the Senate is an effective place of sober second thought, does it have to find ways to introduce actual government bills in the Senate to give that chamber work to do?

If this is so urgent, why did the government wait so long even to introduce it in the Senate? The deadline has been known for years. The deadline was always going to be the middle of April of this year. Why has it taken so long? It baffles us.

We certainly have time to do this correctly, or we should have had the time to do this correctly. However, the government's mismanagement of this file, given that the five-year review was well known, has contributed to this rushed process whereby the government invokes closure for the umpteenth time and limits our job as parliamentarians to do a proper review of this important sector.

It is as if the government were governing on the back of a napkin. Every time we turn around, there is something that it has forgotten, something it has forgotten to do. This is another one. It forgot about this: “Oh, we better do it in a hurry. We have to get it through.”

We owe it to Canadians to address some of the real problems with the financial institutions, such as by protecting consumers from excessive user fees, not only ATM fees but also remittance fees on transfers that many new Canadians in the diaspora send to families they are supporting back home. Those remittance fees are huge and they are charged by banks and other financial corporations alike, and sometimes they amount to as much as 30%, 40% and even 50% of the money they send overseas.

Why do they have to send money overseas? It is because their families cannot be reunified here in Canada. We now have wait times of as long as 106 months between the time an application is made and a parent or a grandparent is permitted to come back to Canada, and it is as long as 33 months for spouses and children. All the while, the people here who have recently immigrated to Canada and are trying to reunite with their families are trying to support their family overseas by working in Canada and sending what little money they can. When the banks, the financial institutions, the payday lenders, whomever, take 30%, 40% or 50% of that money, it is a crime, and it is not something that the government has addressed.

We need to review the treatment of financial derivatives. Nothing in the legislation talks about that. It was speculation, as we saw in the United States, in particular, that provoked the financial crisis from which we are still recovering. These practices do not contribute to the economy but to the financial volatility that threatens to destabilize economies, and yet there is nothing in the bill to deal with that. The housing bubble in the U.S. created by those derivatives has caused ordinary citizens to lose billions of dollars in the value of their properties, in large measure as a result of banks and other institutions trading and speculating. Canadian banks were not immune from this: Canadian banks lost money on these derivatives.

We need to review mortgage lending practices, particularly in light of the comments made by Bank of Canada Governor Mark Carney, who said that record consumer debts are the greatest domestic threat to the country's financial institutions. Right now, consumer debt is 151% of disposable income, partly as a result of aggressive home equity loan marketing that has placed Canadians in vulnerable situations should interest rates rise. If interest rates rise, we are in for a huge collapse in our credit system in Canada. We do not want to see the disastrous practices witnessed in the United States' housing portfolio come here to Canada.

This is an inadequate measure, a missed opportunity to do better for Canadians. The consultation process has been pathetic, to say the least. Apparently, there were some consultations conducted by the government online. Some 30 people found out about it and submitted recommendations. The government cannot release the results of most of those to anyone because it forgot to get the required disclosures from those people for their information to be released. Therefore, we will never know what the feedback to the government was.

On our side, we will support the bill at second reading because we hope that the deficiencies in the bill can be corrected at committee. Some government members have actually said they want to listen and make amendments to the bill, where necessary, at committee. Thus far I cannot remember any bills coming to this House from committee with amendments. Maybe this will be the first. Who knows. I hope my colleagues on the government side will participate in the committee review of the bill in good faith to improve how our financial sector serves Canadians. This will be a challenge, given the time constraints imposed by the government today.

We owe Canadians this effort. I owe this to Canadians in my riding, as does every single member of Parliament here who represents all Canadians, all of whom will be touched by the measures that the government has put forward today in the bill.

Financial System Review ActGovernment Orders

February 14th, 2012 / 5:10 p.m.
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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Madam Speaker, earlier I mentioned tax evasion. The hon. member said that this bill is inadequate. The government prides itself on the fact that it is protecting Canadians from criminals, except when those criminals are diverting billions of dollars. I would like to read a quote from today's Journal de Montréal:

“Although securities offences may invoke serious harm for individuals, companies and society, the penalties will often be limited to administrative and regulatory sanctions such as fines,” the report states.

Does my colleague believe we will have time to explore the penalties imposed on people who are currently committing tax evasion?