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 3rd, 2012 / 10:55 a.m.
See context

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Madam Speaker, the member said that it was a relevant question. I agree with him and just hope that I can provide a reasonably relevant answer.

The role of the finance committee is very important and always has been. I have not sat on that particular committee before, but I have certainly been involved at other levels of government on a committee such as the Standing Committee on Finance. I am very excited about participating on it, particularly as it relates to Bill S-5, because that committee needs to bring forward experts to talk to us about the consumer protections advertised in the bill. I say so because I do not think the way the government has gone about its consultations to date has given consumer protection advocates the opportunity to have input into this process.

At our committee, as we go through the bill item by item, we will have an opportunity to invite those experts who are out there in the field, from credit unions and consumer advocacy groups, to come in and share with us information that will help us make the bill the best piece of legislation it can be in order to get the support of members of the House.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 10:55 a.m.
See context

Conservative

John Carmichael Conservative Don Valley West, ON

Madam Speaker, as we hear from the parties opposite, everyone wants to take credit for our current success with our banking system and financial institutions. Certainly, the Canadian system is sound and strong and has survived the last several years of difficult economic times in a way that organizations around the world have recognized.

I commend the member for his appointment to the finance committee, and I wonder if he could speak to some of concerns about regulation, which he recognized were technical in nature and needed to be simplified, but specifically in terms of consumer protection. I wonder if he could go a little deeper and address some specific issues that are of concern to him.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 10:55 a.m.
See context

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Madam Speaker, in my remarks I tried to address where we needed to focus some attention, and that was in regard to consumer protection.

I underlined how financial institutions are continuing to gouge their clients with increases in user fees and banking charges. We pay a charge for putting money in, we pay a charge for pulling it out, and we pay a charge for thinking about doing either of the two. I think I pay a charge every time I take my credit card out of my wallet, without even using it. It is that kind of foolishness we have to get a handle on.

We have talked about the need to address fees and interest rates that are being charged on credit cards. There is an opportunity to do that in this bill, an opportunity that the government has so far avoided. We will work at committee to try to deal with that so we can finally bring in some protection of credit card holders to stop the abuse they are receiving from financial institutions.

The House resumed consideration of the motion that Bill S-5, An Act to amend the law governing financial institutions and to provide for related and consequential matters, be read the second time and referred to a committee.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:15 p.m.
See context

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Madam Speaker, before beginning, I seek unanimous consent to split my time with the member for Wascana.

I have the honour to rise in the House to debate Bill S-5, An Act to amend the law governing financial institutions and to provide for related and consequential matters. On the surface, this bill does not seem particularly controversial to me. However, as usual, the Conservative government's way of doing things, its approach and its attitude leave much to be desired. Once again, the government has introduced a bill that it says must be passed immediately. In other words, this government sees no need to consult Canadians or experts. The government would probably tell people that, since it is in power, it can make any decision it likes. It does not matter what anyone else thinks; this bill must be passed right away.

We have known since April 2007 that this act would have to be reviewed. Despite having five years to work on it, the government appears to have been taken completely by surprise. Now it is in a big hurry to get this bill passed in just two months. This bill has to be passed by April 20 because the Bank Act has to be reviewed every five years. Today is February 3.

This government does not even have enough respect for Parliament, the Standing Committee on Finance or the institutions that will be directly and indirectly affected by this review to have introduced this bill with sufficient time to—

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:15 p.m.
See context

NDP

The Deputy Speaker NDP Denise Savoie

Order. I apologize for interrupting the hon. member, but I just realized that he sought unanimous consent to share his time. I would like to put that to the House.

The hon. member has asked for unanimous consent to share his time. Does the House give its consent?

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:15 p.m.
See context

Some hon. members

Agreed.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:15 p.m.
See context

NDP

The Deputy Speaker NDP Denise Savoie

The hon. member for Saint-Léonard—Saint-Michel.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:15 p.m.
See context

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Madam Speaker, I was trying to save time. I thought I had received unanimous consent.

On the surface, this bill does not seem to have any major points of contention, as I have already said, but we cannot assume that everyone sees it that way. Financial institutions are a pillar of our economy and have to be treated with more respect. Allowing the Minister of Finance to have veto power over the acquisition of foreign entities by Canadian banks is something that should be analyzed further. The government tells us that this is to allow us to prevent crises like the one in 2008, but is this really necessary? No Canadian bank had problems similar to the ones experienced by the American or European banks and there is nothing to suggest that this could happen in the near future.

Why are the Conservatives imposing this condition in the bill? Do they have a hidden agenda? We do not know. Do they have any studies to support the fact that this necessary? Why do they not leave this responsibility to the real professionals? Representatives from the Office of the Superintendent of Financial Institutions, who have always done excellent work, would be better qualified for this responsibility. Perhaps we are giving this veto power to the minister simply because the Prime Minister, as we all know, always likes to be in control of everything.

All these questions make us realize one thing: the Conservatives do not like studies. They believe they have the answers to all the problems and they pass legislation without any consultation or debate. In 1995, former finance minister Paul Martin introduced the Bank Act and saw it passed. That legislation was not sloppy or passed at the last minute. We spent a year preparing it before passing it. The Liberal government at the time held many consultations and put a committee in charge of the matter. Public consultations were held, and the Liberals listened to expert advice in order to ensure that the legislation was drafted properly.

The Liberal government of the day had a majority, as the Conservatives do today. Yet it did not impose legislation at the last minute or limit debate; instead, it listened to what parliamentarians and all Canadians had to say. This Liberal legislation saved our banks from the financial collapse of 2008. Now, we have barely two months to pass this bill. The problem is that parliamentarians are not necessarily experts in banking. We use banking services, but we are not experts. Consultations with people in the industry are needed, for instance, with people who receive and provide services, managers and others. And that takes time.

As I said earlier, is it really necessary to give the finance minister more power? Would another person or institution have been in a better position to make these decisions? Is there really a problem?

Since we are taking the time to tackle the question of banks, are there other aspects that we should also focus on, as we heard this morning? Is this the best solution for the problem? These are some of the basic questions that could have been answered with an in-depth study. The last time we reviewed the legislation on financial institutions, in 2006 and 2007, I was chair of the Standing Committee on Finance and we examined Bill C-37. Thanks to the hard work of the Liberal members on the committee, we led consultations that lasted over three months. That diligent work allowed us to find several flaws in the Conservative bill. It is hard to do the same work today.

As I said earlier, the main problem with this bill is not so much its content as the uncertainty surrounding its review, given that the government does not intend to consult the players involved. This problem could have easily been avoided had the government introduced this bill in October rather than in February since, I repeat, the bill must be passed before April 20. The House of Commons simply does not have the time to seriously consider this bill. Even in the Senate, Senator Hervieux-Payette stated that they simply did not have time to thoroughly examine the issue.

What were the Conservatives thinking when they introduced this bill in the Senate on November 23, 2011? The bill was read for the second time on December 6, 2011, just before the long Christmas break. Today, it is February 3 and the government is only now presenting the bill for second reading. Rather than wasting their time abolishing the firearms registry and rushing to pass regressive legislation to imprison our youth, why did the Conservatives not begin seriously reviewing the Bank Act? This is an urgent situation that needs to be resolved because, as I mentioned, the act must be revised before April 20. This should have been a priority but the Conservatives would rather invent threats than take care of real problems.

Another problematic aspect of this bill is the fact that the changes to this legislation would allow a foreign government to own shares in a Canadian bank and thus have voting rights. How does this help Canadian banks? We do not know. Taxpayers who have pension plans with banks do not even have the right to vote, so why should a foreign government? What will the effects of this be? I doubt that we will have an answer before this reformed legislation is passed because we do not have enough time to consider the consequences.

In summary, I am not against this bill but there are still some unresolved issues because this government took its time and did not adequately plan for this review of the Bank Act. A competent government, like the one that existed when the Liberals were in power, would have conducted many studies and allowed parliamentarians to carefully consider this bill. Now, there is not enough time and we will not know all the effects this bill will have until after it is passed.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:25 p.m.
See context

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Madam Speaker, after listening to the speech by the Liberal Party member and my friend, I believe that we do not live on the same planet. The problems in the financial sector did not start with the Conservative Party, far from it.

Could you explain why, when you were in power, you did not regulate the quality of services provided to consumers by the financial sector with respect to credit cards, interest rates and holds preventing people from cashing their cheques right away? You were very critical of the Conservatives but, when you were in power, you did not take action and you did nothing to protect consumers and people who had mortgages with exorbitant interest rates.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:25 p.m.
See context

NDP

The Deputy Speaker NDP Denise Savoie

I would remind all members that they must direct their comments to the Speaker.

The hon. member for Saint-Léonard-Saint-Michel.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:25 p.m.
See context

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Madam Speaker, I thank the member for his question and I welcome him to this country.

As in other areas, matters that affect consumers are usually a provincial responsibility. But I will not use that excuse.

The banking sector is evolving. We had the courage to make changes and introduce regulations. In addition, we introduced into the bill a provision requiring the legislation to be reviewed every five years. Every time a change is made to tighten up the financial sector, new products become available. The financial sector is evolving and that is quite acceptable. Yes, there are always problems. That is why we are prepared to undertake consultations. We have amended the legislation every time the opportunity has presented itself.

I would like to correct the hon. member. He said that we did nothing for consumers. We established the Financial Consumer Agency of Canada, which accepts complaints. The sector is always evolving and I hope that we can solve the credit card problem.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:25 p.m.
See context

Liberal

Ralph Goodale Liberal Wascana, SK

Madam Speaker, the strength of the banking and financial system in Canada is that its legal framework is perpetually sunsetted every five years. It has to be re-enacted or it expires. Some might think this is a source of uncertainty or weakness, but the opposite is really true. By requiring Parliament to re-examine Canada's banking laws every five years, we are forced to pay attention and to keep them strong and up to date.

Bill S-5 is a product of this five-year review process. It certainly has the questions that have just been referred to by my colleague, but hopefully Parliament will be able to address those questions in a satisfactory manner in the time that remains before the bill needs to be passed. It has to be enacted before April 20, 2012, to keep our whole system intact.

In that sense, this proposed legislation is rather routine. It renews and extends Canada's basic financial laws for another five years. That is important, but beyond that, Bill S-5, quite frankly, is not very ambitious.

It does not, for example, address the chronic problem that small businesses have in getting fairness from the big banks on their debit and credit card arrangements. It does not address the problem that will soon arise from another piece of legislation that was before the House this week, and that is the bill creating the new pooled registered pension plans.

Experience in other countries has demonstrated that a key issue will be the management fees and the other charges enacted by big financial institutions to operate these new pension plans.

A report from Australia shows that its PRPP system generated handsome profits for banks and insurance companies, but the average pensioner would actually have been better off simply buying a government bond.

There is nothing in legislation from the government to ensure a level of return on PRPPs equivalent to the extraordinary performance of the Canada pension plan, or to prevent fee gouging by the banks, insurance companies and other companies that run these new plans. Bill S-5 is probably most noteworthy for what it does not do.

The last significant work on the overall framework governing our financial sector was undertaken some 15 years ago by the Task Force on the Future of the Canadian Financial Services Sector. It was chaired for Canada by an eminent Saskatchewanian, Mr. Harold MacKay. His report was a powerful piece of work. He laid out those principles and values that have given this country the strongest financial services sector in the world.

The current Prime Minister likes to travel the world bragging about the success of Canadian banks and financial institutions. He did so in his recent alpine speech to the rich and famous in Davos, Switzerland. Before he launched his attack on low and middle income future seniors, he spent some time taking credit for the strength of Canadian banks as well as for the Canada pension plan.

There is more than a little irony here; some would say hypocrisy. In the mid-1990s, when Mr. MacKay was doing his work, there was huge pressure on the Liberal government of the day to go in the opposite direction. The big banks and the political right in Canada, including the predecessors of the Conservative government, were pushing hard for what they called a more American-like system. They wanted weaker prudential standards. They wanted less regulatory oversight. They wanted big banks to merge, so the biggest five or six could become the big two or three, and they could better take on the American competition, like Lehman Brothers, for example. That was their Conservative line back then.

All that right-wing advice turned out to be really bad advice. Lehman Brothers and other U.S. banks have gone the way of the dodo bird, and Canadian banks have turned out to be the most successful and the most respected.

In opposition back in the 1990s, the current Prime Minister and his Reform-Alliance colleagues also gave very bad advice about pensions. They went on the attack against the CPP, the Canada pension plan. They called it a huge boondoggle. They called it a big, European-style socialist welfare scheme. They said it should be scrapped altogether, that Canadians should just fend for themselves with private savings. The rich, of course, would do very well under a scheme like that, and as for all the rest, well, who cares. That was the right-wing line back in the 1990s.

We can hear echoes of that sort of thing today in the current debate about old age security and the old age pension. Never mind that 75% of those who receive the old age pension have incomes below $40,000. Never mind that many are elderly widows living alone. Never mind that without the old age pension, poverty among seniors would rise by as much as one-third. “Never mind all that”, the right-wingers say, “just cut them back and let provincial welfare programs pick up the slack”.

There is only one taxpayer, federal or provincial. Cutting down the OAS would not make the human needs go away. It would just download the burden onto the provinces, like health care downloading and prison cost downloading. It is false economy. That is true today, just as it was 10 or 15 years ago, when the current Prime Minister and his colleagues attacked the CPP.

He went to Davos and bragged about how the CPP is so actuarially sound, which it is, but no thanks to him. It was refurbished for the future despite the Conservatives, not because of them. The CPP has a superlative investment and return record and the plan is assured for at least another 75 years.

Once in government, the incompetence of the party across the way has continued. The Conservatives increased federal spending by three times the rate of inflation. They eliminated contingency reserves and prudence factors from federal budget making and they put Canada back into deficit again, all before there was any recession, not because of the recession, but before it. Then during the recession they dug their deficit hole deeper and deeper, $50 billion or more per year, with no coherent rules or objectives. Millions of dollars were siphoned into useless pork-barrel projects like the G8 and G20 fiasco, with all its fake lakes, ornamental gazebos, and sidewalks to nowhere. The Auditor General called it unprecedented and very wrong.

Now, while earmarking billions to be squandered on bigger jails and wildly expensive fighter jets, the Prime Minister says his government can no longer afford pillars of Canadian life like universal health care and old age pensions for middle- and low-income seniors.

The fiscal pressure on the Conservatives is entirely self-concocted and they are rather happy about that. I can hear them chuckling across the way right now. They want an excuse to pull away from medicare and pensions, and they really could care less who suffers.

It is important to keep Bill S-5 in context. It will be passed before April 20 to maintain Canada's banking success. However, for so many Canadians beyond the big banks the story is not very rosy. Economic growth stalled in October; it turned negative in November. Household debt is at an all-time record high, at 153% of disposable income. Unemployment went up again last month and it worsened again just today, with another 450 jobs lost at the Electro-Motive plant in London.

Strong banks are a must, but they are certainly not all by themselves sufficient to achieve a strong, successful country overall with growing and shared prosperity for all Canadians. It is that last element that the government seems to care very little about. It does not care if growth is sustainable. It certainly does not care if it is shared.

We will continue to battle the Conservatives on that fundamental principle: prosperity. We have proven we know the formula for making the economy grow. We did that through 12 very successful years of economic prosperity in this country. We also must work together on the sharing and the sustainability of that prosperity.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:35 p.m.
See context

Oak Ridges—Markham Ontario

Conservative

Paul Calandra ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Madam Speaker, I listened to the hon. member's speech. I noticed that he did not seem to gather much support from his Liberal colleagues for his words. However, it is true that when the Liberals were in government, they did download quite a bit onto the provinces. That is how they balanced their budget.

He talked about health care. He might have been the then finance minister who cut $25 billion from the health and social transfers to the provinces unilaterally, as well as from students and seniors. The Liberals took the money that was destined for people who were unemployed and put it into general revenue. Those people had contributed to the employment insurance program. That member, who was probably the then minister of finance, stole that money from the workers and used it for other means.

As well, there was the sponsorship scandal. The Liberals actually stole money from Canadian taxpayers to help them win elections. Yet they get up in the House and pretend to care about Canadians, when the history of that party and that individual as finance minister is just the opposite. It is one of deceit and not caring about Canadians, seniors or people who are unemployed.

Financial System Review ActGovernment Orders

February 3rd, 2012 / 12:40 p.m.
See context

Liberal

Ralph Goodale Liberal Wascana, SK

Madam Speaker, the hon. gentleman's comments are in fact laughable. The Conservative Party has a very selective memory about history.

The approach that our government took with respect to EI—